BRIDGE & ROOF CO. (INDIA) LIMITED · Page 5 BRIDGE & ROOF CO.(INDIA) LIMITED Kankaria Centre (5th...

BRIDGE & ROOF CO. (INDIA) LIMITED Notice Inviting Expression of Interest (EOI) NO. B&R/HO/CAU/BUILDING/51042-45/CW/01

with

PREQUALIFICATION DOCUMENT FOR

CONSTRUCTION OF 08(EIGHT) NOS.COLLEGES IN NORTH EAST STATES UNDER CENTRAL AGRICULTURAL UNIVERSITY (CAU), IMPHAL

Sub Head: Civil Work including PHE, Roads, Electrical & other Allied

Works etc.

General Conditions, Special Conditions

& Prequalification Criteria

BRIDGE & ROOF CO. (INDIA) LIMITED KANKARIA CENTRE (5TH FLOOR)

2/1, RUSSEL STREET, KOLKATA - 700071

Document Fee: Rs. 5000.00 (Non-refundable)

MASTER INDEX

Name of work: Construction of 08(Eight) Nos Colleges in North East States under Central Agricultural University (CAU), Imphal.

Sub Head : Civil Work including PHE, Roads, Electrical & other Allied Works etc. EOI Document No: B&R/HO/CAU/BUILDING/51042-45/CW/01

Sl. No.

Description Page Nos.

1. Contents 2. Notice Inviting Expression of Interest (EOI) : Annexure - A 3. Qualifying Criteria : Annexure - B 4. Format of Completion / Executed / Performance Report of works referred to in the

Qualification Criteria : Annexure-C

5. Instructions to Bidders (ITB) 6. Preparation of Tender / Pre-qualification Bid 7. Details of Information to be furnished by the Bidder : Annexure - D 8. Letter of Submission : Annexure – E 9. Affidavit : Annexure – F 10. Exhibit(s) : Exhibit-EA to EJ 11. General Conditions of Contract 12. Special Conditions of the Contract 13. Technical Specification : Annexure - G 14. Drawings : Annexure - H 15. Work-in-Progress : Schedule - A 16. Certificate of Tools and Plants (Details of Construction Plant & Equipment) : Schedule - B 17. Work Executed : Schedule - C 18. Information regarding current litigation, debarring expelling of bidder or abandonment of work

by the bidder : Schedule - D

19. An Affidavit : Schedule - E 20. Technical Personnel : Schedule - F 21. Declaration Confirming Knowledge about Site Conditions : Schedule - G 22. Form of Performance Bank Guarantee(PBG) in Lieu of Security: Schedule - H 23. List of Laboratory Equipment : Schedule - I 24. Affidavit Cum Declaration ( for MSME / NSIC / SSI / DGS&D Parties) : Schedule - J 25. Format of Bank Guarantee for Mobilization Advance : Schedule - K 26. Format of Bank Guarantee In Lieu of Earnest Money Deposit(EMD) : Schedule - L 27. Format of Integrity Pact : Schedule - M

Notice Inviting Expression of Interest (EOI) NO. B&R/HO/CAU/BUILDING/51042-45/CW/01

NAME OF WORK

CONSTRUCTION OF 08(Eight) Nos. COLLEGES IN NORTH EAST STATES UNDER CENTRAL AGRICULTURAL UNIVERSITY (CAU), IMPHAL. SUB HEAD: CIVIL WORK INCLUDING PHE, ROADS, ELECTRICAL & OTHER ALLIED WORKS ETC.

CONTENTS

Sl. No. Technical Cover Details

Documents

1. Cover-I EOI Application Fee, Letter of Submission, Power of Attorney and Detail of information to be furnished by the bidder.

2. Cover-II Qualification Criteria, Exhibits & Schedule(s)

3. Notice Inviting Expression of Interest (EOI)

4. Instruction to Bidder (ITB)

5. General Conditions of Contract (GCC)

6. Special Conditions of Contract (SCC)

7. Technical Specification

8. Drawings

BRIDGE & ROOF CO. (I) LTD. “KANKARIA CENTRE” (4TH & 5TH FLOOR),

2/1, RUSSEL STREET, KOLKATA-700071

Annexure:-A

Notice Inviting Expression of Interest (EOI) NO. B&R/HO/CAU/BUILDING/51042-45/CW/01, Dated 20.04.2016

Applications for Expression of Interest (EOI) are invited from reputed, resourceful and experienced parties meeting prescribed QUALIFYING CRITERIA for the work in connection with “CONSTRUCTION OF 08(EIGHT) Nos. COLLEGES IN NORTH EAST STATES UNDER CENTRAL AGRICULTURAL UNIVERSITY, IRORISEMBA, IMPHAL-795004, MANIPUR

For details please log on to our website www.bridgeroof.co.in. Corrigendum / Addendum, if any shall be hosted in Company’s website only.

THE LAST DATE OF SUBMISSION OF APPLICATION(S) : ON OR BEFORE 04.05.2016, 17.50 hrs

BRIDGE & ROOF CO.(INDIA) LIMITED Kankaria Centre (5th Floor), 2/1, Russel Street, Kolkata – 700 071

CIN No. : U27310WB1920GOI003601 Notice Inviting Tender

Notice Inviting Expression of Interest (EOI) NO. B&R/HO/CAU/BUILDING/51042-45/CW/01, Dated 20.04.2016

1. Applications for Expression of Interest (EOI) are invited from reputed and experienced parties meeting prescribed qualifying criteria by B&R for

“Construction of 08(Eight) Nos Colleges in North East States under Central Agricultural University (CAU), Imphal Sub Head: Civil Work including PHE, Roads, Electrical & other Allied Works etc.”

The Bidders shall submit the documents for any or all the following works

Package

No. Name of work and Location Assessed cost

put to tender (Rs. in Cr.) (approx.)

Cost of tender Document (Non

Refundable)

Earnest money Time of completion

Tender Inviting Authority (TIA)

Put Tick

( ) Applied

for

(1) (2) (3) (4) (5) (6) (7) (8)

Package - 1 College of Agriculture at Kyrdemkulai, Ribhoi Dist., State of Megalaya under Central Agricultural University, Imphal (Order No. 51043).

51.05 Rs.5000.00 (Rupees Five Thousand Only) in the form of DD / Pay order / Banker’s Cheque from any Nationalized / Scheduled bank in favour of “Bridge & Roof Co.(India) Ltd." payable at Kolkata for any / or all the packages. (No A/c Payee Cheque shall be considered)

EMD amount for all (08) packages shall be considered 1% of the assessed value of respective packages put to EOI / Price Part and shall be submitted in the form of Demand Draft /Pay Order / Bankers Cheque / Bank Guarantee (BG) in B&R’s format alongwith Price Bid for the period of Six months. (No A/c Payee Cheque shall be considered).

20 (Twenty) Months

General Manager (Commercial) Commercial Department,

Bridge & Roof Co.(India) Ltd,,

Kankaria Centre (5th Floor), 2/1, Russel Street, Kolkata –

700071

Package - 2 College of Agriculture at Pasighat, Sate of Arunachal Pradesh under Central Agricultural University, Imphal (Order No. 51042),

50.33 20 (Twenty) Months

Package - 3 College of Horticulture & Forestry Bermiok, State of Sikkim (South) under Central Agricultural University, Imphal, Order No. 51044),


Note : The Bidder must put Tick( ) for the respective Package(s) applied for in Column No. (8)

Package No.

Name of work and Location Assessed cost put to tender (Rs. in Cr.)

Cost of tender Document (Non

Refundable)

Earnest money Time of completion

Tender Inviting Authority (TIA)

Put Tick ( )

Applied for

(1) (2) (3) (4) (5) (6) (7) (8)

Package - 4 College of Post Graduate Studies Barapani, Sate of Megalaya under Central Agricultural University, Imphal(Order No. 51043).

30.94 Rs.5000.00 (Rupees Five Thousand Only) in the form of DD / Pay order / Banker’s Cheque from any Nationalized / Scheduled bank in favour of “Bridge & Roof Co.(India) Ltd." payable at Kolkata for any / or all the packages. (No A/c Payee Cheque shall be considered).

EMD amount for all (08) packages shall be considered 1% of the Assessed value of respective packages put to EOI / Price Part and shall be submitted in the form of Demand Draft /Pay Order / Bankers Cheque / Bank Guarantee (BG) in B&R’s format alongwith Price Bid for the period of Six months. (No A/c Payee Cheque shall be considered).

20 (Twenty) Months

General Manager (Commercial) Commercial Department,

Bridge & Roof Co.(India) Ltd,,

Kankaria Centre (5th Floor), 2/1, Russel Street, Kolkata –

700071

Package - 5 College of Fisheries at Lembucherra, Agartala, Sate of Tripura under Central Agricultural University, Imphal (Order No. 51045).


Package – 6 College of Horticulture and Forestry at Pasighat, State of Arunachal Pradesh under Central Agricultural University, Imphal (Order No. 51042).


Package – 7 College of Agricultural Engineering and Post Harvest Technology at Ranipool, Gangtok, State of Sikkim under Central Agricultural University, Imphal(Order No. 51044),


Package - 8 College of Home Science at Tura, State of Meghalaya under Central Agricultural University, Imphal(Order No. 51043).


Note : The Bidder must put Tick( ) for the respective Package(s) applied for in Column No. (8)

Page - 7

3. CRITICAL DATE SHEET:

Dates & Time For:- Dates and Time

Bid Document Publishing Date : 20.04.2016 Bid Document Download Start Date : 20.04.2016 EOI Document Submission Start Date : 20.04.2016 Date of Pre-bid Meeting : NIL EOI Document Submission End Date : 04.05.2016 at 17:50 Hrs. Date of Opening of EOI Document : 05.05.2016 at 16:00 Hrs. ( EOI document shall be

opened in Camera ) 1. EOI documents consisting of Pre-Qualification Criteria and the set of Techno-commercial terms &

Conditions of contract, Technical Specification and other necessary Documents may be downloaded from the website www.bridgeroof.co.in.

2. Bids must be accompanied by Rs. 5,000.00 ( Rupees five thousand only) towards cost of Tender Document (non-refundable), in the form of Demand Draft / Pay Order / Banker’s Cheque in favour of Bridge & Roof Co. (India) Limited issued by a Nationalised / Scheduled Bank payable at Kolkata.

3. Checklist is to be duly filled in.

4. Price Part [ to quote as “above / below / at par (0 %)” in percentage on Assessed amount ] shall be issued to only the Techno-commercially recommended / Qualified bidder(s) of respective Package of work as mentioned in Table – 1 alongwith the amount of Earnest Money Deposit(EMD) to be submitted.

5. If any of the intending bidders wishes to withdraw from participation in the bid, he / she can freely withdraw from the participation before scheduled date and time of closure of the bid.

6. B&R reserves right to cancel the bid without assigning any reason thereof.

Page - 8

ANNEXURE - B QUALIFYING CRITERIA

Notice Inviting Expression of Interest (EOI) NO. B&R/HO/CAU/BUILDING/51042-45/CW/01 The Company invites EOI application / Offers from capable and Competent Agencies to carry out the works mentioned below: “Construction of 08(Eight) Nos Colleges in North East States under Central Agricultural University (CAU), Imphal Sub Head: Civil Work including PHE, Roads, Electrical & other Allied Works etc.”. Interested reputed and resourceful parties having adequate proven experience in similar type of work may download the Qualifying Criteria from Company’s website http://www.bridgeroof.co.in The Company reserves the right to reject any or all offer(s) or cancel the notice at their sole discretion without assigning any reason, whatsoever thereof, which shall be final & binding upon the Bidders. 1. QUALIFICATION CRITERIA FOR PARTICIPATION IN EOI : -

a) The Bidder should have executed ''similar work"' in any of the States of North East (NE) in the

preceding seven (7) years reckoned as on latest date of bid submission, with copy of completion certificate with value or value of executed work till date of the EOI (in case of running job) along with Work Order copy issued by Client(s) in support thereof, value of which should be either of the following:

3 (Three) works each costing not less than the amount equal to 30% of the assessed cost put to EOI for respective packages.

2 (two) works each costing not less than the amount equal to 40% of the assessed cost put to EOI for respective packages.

1(one) work costing not less than the amount equal to 70% of the assessed cost put to EOI for respective packages.

''Similar work” means Civil Works for Building including foundation, substructure & super

structure work involving reinforced cement concrete (RCC).

“Executed” means bidder should have achieved the criteria specified above even if the contract has not been completed or closed.

b) The average Annual Turnover during the last 3(three) years ending 31.03.2015 should be at least 30% of the assessed cost put to EOI for respective packages. The bidder should have been consistently Profit earning during last three years.

c) The bidder should have valid PAN and P.F. & ESI Registration.

d) The bidder should have Service Tax & VAT Registration.

e) The bidder should have adequate Engineers in his company's roll and the bidder should also have own / lease / hiring arrangement for plant and machineries for execution of the work.

f) The bidder should be able to abide by and handle statutory requirements related to Labour, VAT, PF, ESI, Insurance etc. during tenure of construction activities.

g) Joint Venture / Consortium Bid are not permitted to participate.

Page - 9

Note for clause I (a) above : i) If the qualifying work is completed in the seven (7) year period specified above, even if it has been

started earlier, the same will also be considered as meeting the qualifying requirements.

ii) The word “executed” means the bidder should have achieved the criteria specified in the above QR even if the total contract is not closed i.e. under execution and provided the works is not terminated by the client.

iii) The one (1) year period means any continuous 12 months period. However, for concurrent works the same 12 months period shall be considered.

The bidder is liable to be disqualified, even though they meet the qualifying criteria, if they.

-- Made misleading or false representations, statements and attachments submitted in proof of the qualification requirements, and / or

-- Record of poor performance such as abandoning the works, not properly completing the supply order, inordinate delays in completion or supply, litigation history, or financial failures etc.

II. DETAILS TO BE FURNISHED WITH OFFER :

The bidders are requested to furnish the following details seriatim as under.

i) Name, address, details of the Organization (Name(s) of the Owner / Partners / Promoters and Directors of the Firm / Company)

ii) Details of work under progress (As per Schedule- A)

iii) Bidder shall confirm that all Equipments / Machineries & Tools mentioned in Schedule - B for the respective work shall be deployed / provided by them. Bidder shall also submit Schedule – B duly stamped & signed alongwith their offer. Additional Plants & Equipments as may be required to complete the entire work within Schedule completion period shall also be arranged by the bidder / contractor with no extra cost.

iv) Copy / copies of completion certificate(s) / work-in progress (as per Format : Annexure-C) certifying last bill value of work(s) from respective Owner(s)/Client(s) mentioning name and nature of work(s), date(s) of commencement and value(s) of the job(s) executed. (As per Schedule – C)

v) Information on litigation history, liquidated damages, disqualification etc. (As per Schedule – D)

vi) An applicant or any of its constituent partners of whose contract for any work has been rescinded or who has abandoned any work in the last five years, prior to the date of the bid, shall be debarred from qualification. The bidder is to furnish an affidavit at the time of submission of bid paper about the authentication of bid documents. An affidavit to this effect is to be furnished in Schedule-E.

vii) Bidder shall confirm that Technical Personnel mentioned in Schedule-F for the respective work shall be deployed by them. Bidder shall also submit Schedule–F duly stamped & signed alongwith their offer.

viii) Bidder have to submit ‘Declaration confirming Knowledge about Site Conditions’ as per Schedule – G alongwith the application / offer.

ix) Bidder shall confirm that Laboratory Equipments mentioned in Schedule-I for the respective work shall be deployed by them. Bidder shall also submit Schedule–I duly stamped & signed alongwith their offer.

Page - 10

x) Only DGS&D / MSME / NSIC / SSIC (Registered for Civil Contractor / Works Contract Services only) Bidder have to submit ‘notarized copy of the Valid Registration Certificate and AFFIDAVIT CUM DECLARATION’ as per Schedule – J alongwith the offer for exemption of Tender Fee & EMD.

xi) The Bidder has to submit “Compliance to EOI / Bid Requirement” as per Exhibit - EF duly stamped & signed as a token acceptance.

xii) The Bidder has to submit “Details of PF Registration” as per Exhibit - EH duly filled, stamped & signed as a token acceptance.

xiii) The Bidder has to submit “Declaration by the Bidder” as per Exhibit - EI duly filled, stamped & signed as a token acceptance.

xiv) Yearly Sales Turnover and Audited Balance Sheet for last 3(three) financial years ending 31.03.2015.

xv) Documentary evidence of Permanent Account No. (PAN) with Income Tax Department.

xvi) Documentary evidence of P.F., ESI, Service Tax, VAT registration with the concerned department.

xvii) Constitution and legal status along with attested copies of Deeds / Articles and Memorandum of Association etc. as applicable.

By submitting the offer, the bidder authorizes B&R to seek verification on the information supplied and related matters. 1. Bidders shall, on request, provide any necessary authority and assistance to enable relevant

enquiries to be carried out.

2. After submission of their offer, bidder must notify B&R promptly, if there is any:

Substantial change in their financial or technical capacity.

Change in their business (such as Company name, address)

Change of ownership or holding, including any transfer of key personnel.

Any other significant change in information provided in the application.

3. The bidder must provide any further details required for the review upon request from B&R. Failure to comply with any request by B&R for such information may result in rejection of their offer.

4. B&R may, in its absolute discretion suspend or disqualify an agency/agencies who, at any time, is considered to have breached any of the qualification conditions or has performed in an unsatisfactory manner without assigning any reason whatsoever.

5. B&R will not be liable for any loss or damages incurred by the agency/agencies in the above exercise.

6. Purchaser (B&R) reserves the right to disqualify such bidders who had a record of not meeting the contractual obligations against earlier contracts entered into with the Purchaser (B&R)

SRI H. KARMAKAR

DGM(CONTRACTS)-II COMMERCIAL DEPARTMENT

BRIDGE AND ROOF CO (I) LTD.

Page - 11

ANNEXURE - C

Format of Completion / Executed / Performance Report of works referred to in the Qualification Criteria (Separate certificate for each work / project)

1. Name of work / Project & Location

2. Client / Owner Name and Address:

3. Agreement / Work Order No.

4. Assessed Cost

5. Tender Cost (Work Order Value)

6. Stipulated date of start:

7. Actual date of start:

8. Date of completion

i) Stipulated date of completion

ii) Actual date of completion

iii) Present position of work, if in progress.

9. Completion Value / Work done value till date:

10. Amount of reduced rate items, if any.

11. Performance Report.

i) Quality of work Very Good/Good/Fair/Poor ii) Financial soundness Very Good/Good/Fair/Poor iii) Technical Proficiency Very Good/Good/Fair/Poor iv) Resourcefulness Very Good/Good/Fair/Poor v) General behavior Very Good/Good/Fair/Poor vi) Time Consciousness Very Good/Good/Fair/Poor

Dated: Owner or Executive Engineer or equivalent

Signature with seal

Page - 12

INSTRUCTIONS TO BIDDERS

1. Sealed Expression of interest(EOI) alongwith Techno-commercial Terms & Conditions are invited

from resourceful & capable bidders fulfilling the qualifying criteria furnished in Annexure – B of the EOI by Bridge & Roof Co. (I) Ltd. (B&R) on behalf of Central Agricultural University (CAU), for “Construction of 08(Eight) Nos Colleges in North East States under Central Agricultural University (CAU), Imphal Sub Head: Civil Work including PHE, Roads, Electrical & other Allied Works etc.”.

2. The time allowed for carrying out the Package-wise mentioned in TABLE-1 after 15 days of issue of Letter of Intent (LOI) by B&R in accordance with the phasing, if any, indicated in the EOI document.

3. EOI Document consisting of Pre-Qualification (PQ) Criteria of the various sub heads of work to be done and the set of Techno-Commercial terms & conditions of contract, Technical Specification & other documents may be downloaded from our Co.’s Website: www.bridgeroof.co.in. The Bidder must submit Rs. 5000.00 in the form of Demand Draft / Pay Order/Bankers cheque issued by a Nationalized / Scheduled Bank in favour of Bridge & Roof Co. (India) Limited payable at Kolkata as cost of EOI document (Non-refundable) alongwith their offer. No Account payee Cheque shall be considered.

3.1. The Earnest Money to be deposited in the form of Demand Draft / Pay Order/Bankers Cheque/Bank Guarantee (in Co.’s approved format) issued by a Nationalized / Scheduled Bank in favour of Bridge & Roof Co. (India) Limited payable at Kolkata alongwith ‘Price Bid’ which will be issued to only the Techno-commercially recommended / Qualified bidders based on the submission & fulfillment of PQ Criteria & acceptance of Techno-commercial Terms & Conditions as specified in EOI documents. No Account payee Cheque shall be considered.

Cost of EOI document shall be submitted alongwith the application as explained in Sl. No. 3.2 below. Price Bid shall be issued to only the Techno-commercially recommended / Qualified bidders of respective package for submission in a separate envelope. If the Cost of EOI document as prescribed above is not submitted, their EOI application is liable to be rejected.

However the DGS&D/MSMEs/NSIC/SSI registered parties (Registered for Civil Contractor / Works Contract Services only) are exempted from submission of EOI Application Fee and EMD amount as per the prevailing Govt. Policy. The Bidder has to submit the Notarized copy of the valid registration certificate & Affidavit-cum-declaration as per Annexure - J in support of this exemption alongwith EOI Application.

3.2. EOI Application shall be submitted as under :

Containing one Copy each of following documents: i) Bidder’s Covering letter of offer. ii) DD / Pay Order towards Cost of EOI document iii) Power of Attorney in favour of the person who has signed the EOI Document. iv) Letter of submission (in Company’s letter head) as per prescribed format. v) Compliance to EOI / Bid requirement in Bidder’s letter head as per prescribed format. vi) Detail of information to be furnished by the bidder. vii) Integrity Pact duly signed & stamped.

viii) Documents pertaining to Qualification Criteria furnished in Annexure–B of the EOI Document.

Page - 13

Envelope / Cover shall be superscribed with cover for “Construction of 08(Eight) Colleges in North East States under Central Agricultural University (CAU), Imphal Sub Head: Civil Work including PHE, Roads, Electrical & other Allied Works etc.”. (EOI No. B&R/HO/CAU/BUILDING/51042-45/CW/01) and shall be addressed to:

General Manager (Commercial), Bridge and Roof Co. (I) Limited, Kankaria Centre (4th / 5th Floor), 2/1, Russel Street, Kolkata – 700 071

Due date of submission shall be written on all the covers / envelopes of the EOI application / bid without fail.

Unless otherwise Specified, Techno-commercial Terms & Conditions, PQ Criteria, Technical Specification & other documents submitted by bidder(s) will be opened the next working day after latest due date of submission of offer at 16-00 hrs. in camera.

Application / Bids received after the due date and time shall not be accepted. No request for extension of the due date indicated shall be entertained.

Telegraphic or Fax or Email offers shall not be accepted under any circumstances.

B&R may, in its absolute discretion suspend or disqualify a Bidder / Bidders who, at any time, is considered to have breached any of the qualification conditions or has performed in an unsatisfactory manner without assigning any reason whatsoever.

The right to reject any or all offer(s) or split up the total requirement and award the contract to one or to more than one bidder if considered necessary or to cancel the bid rests with B&R.

3.3. Due date for submission of offer / EOI Document is 04.05.2016 upto 17.50 HR.

3.4 The Contractor shall be deemed to have satisfied himself as to the correctness and sufficiency of the PQ Document, all of which shall, except in so far as it is otherwise provided in the Contract, cover all his obligations under the Contract (including those in respect of the supply of goods, materials, plant & services or of contingencies for which there is a Provisional Sum) and all matters and things necessary for the proper execution and completion of the work and the remedying of any defects therein.

3.5 The successful bidder shall complete the works by the intended completion date specified in Table - 1.

3.6 All bidders shall provide a statement that the bidder is neither associated, nor has been associated, directly or indirectly, with the Consultant or any other entity that has prepared the design, specifications, and other documents for the Project.

3.7 The Bidders are subject to be disqualified if they have:

a. Made misleading or false representations in the forms, statements and attachments submitted in proof of the qualification requirements; and/or

b. Record of poor performance such as abandoning the works, not properly completing the contract, inordinate delays in completion, litigation history, or financial failures etc.; and/or

Page - 14

c. Participated in the previous bidding for the same work and had quoted unreasonable prices and could not furnish rational justification to the Engineer-in-Charge.

d. Indulged in unlawful & corrupt means in obtaining bids.

e. Been black listed/their registrations by the competent authority.

f. If the tenderer deliberately gives wrong information / submit fake, false, fabricated, forged documents in his tender, B&R reserves the right to reject such tender at any stage or to cancel the contract if awarded and forfeit the Earnest Money / Retention Money / any other money due.

4. ONE EOI APPLICATION / OFFER PER BIDDER:

4.1 Each bidder shall submit only one Application / Bid / offer. A bid / offer bid is said to be responsive if accompanied by cost of bid document.

5. COST OF EOI DOCUMENTS:

5.1 The bidder shall bear all costs associated with the preparation and submission of his application / bid / offer, and the Engineer-in- Charge will in no case be responsible and liable for those costs.

6. SITE VISIT:

6.1 Bidders are advised to inspect and examine the site and its surroundings and satisfy themselves before submitting their Bid / Offers as to the nature of the ground and sub-soil (so far as practicable), the form and nature of the site, the means of access to the site, the accommodation they may require and in general shall themselves obtain all necessary information as to risks, contingencies and other circumstances which may influence or affect their bid. A Bidder shall be deemed to have full knowledge of the site whether he inspects it or not and no extra charges consequent on any misunderstanding or otherwise shall be allowed. The Bidder shall be responsible for arranging and maintaining at his own cost all materials, tools & plants, water, electricity access, facilities for workers and all other services required for executing the work unless otherwise specifically provided for in the contract documents. Submission of an bid / offer by a bidder implies that he has read this notice and all other contract documents and has made himself aware of the scope of the work to be done and local conditions and other factors having a bearing on the execution of work.

6.2 The Officer inviting EOI tender / Engineer-in-Charge will clarify queries on the Contract Data on requisition by the intending Bidder. The bidder may ask question; provided the questions are raised at least 7(days) before the due date of submission of EOI application.

6.3 Bidder have to submit ‘Declaration confirming Knowledge about Site Conditions’ as per Schedule – G alongwith the offer.

7. GENERAL INSTRUCTIONS:

7.1 The description of the work is as mentioned under Invitation for Tender.

7.2 The EOI / NIT / Tender hosted / uploaded by the Bid Inviting Officer may consist of PQ Criteria, Techno-commercial terms & Conditions of contract, Technical Specification and other necessary Documents etc. Bidder may down load these documents and take out the print for detail study. The bidder is required to down-load all the documents including Techno-commercial Terms & Conditions. It is assumed that while participating in the bid, the bidder has referred to all documents uploaded by the Officer Inviting the EOI / Tender. Seeking any revision of documents or backing out of the bid claiming for not having referred to any or all documents provided in the EOI document / NIT / Tender document by the Officer Inviting EOI / Tender will be construed as plea to disrupt the bidding process and in such cases the retention amount shall be forfeited.

Page - 15

7.3 The bidder is expected to examine carefully all instructions, conditions of contract, Schedule, forms, Annexes etc in the EOI Document / NIT / Tender document. Failure to comply with the requirements of NIT / Tender document shall be at the bidder’s own risk.

8. CLARIFICATION OF EOI / NIT / TENDER DOCUMENT:

8.1 EOI Document consisting of PQ Criteria & Techno-commercial Terms & Conditions of Contract, Technical Specifications etc to be complied with by the Contractor who intends to EOI application / offer.

8.2 Hard paper copy of the EOI document shall not be normally sold unless specifically requested by bidder(s).

8.3 The bidder can seek clarification on the EOI / tender which B&R receives earlier than 07 (Seven) days prior to the deadline for submission of offer. The Employer's response will be forwarded through the e-mail ID ([email protected]) of the enquirer followed by confirmation copy.

9. AMENDMENT OF EOI / NIT / TENDER DOCUMENTS:

9.1 Before the deadline for submission of EOI application / offer, the officer inviting EOI tender may modify the EOI / NIT / Tender documents by issuing addenda.

9.2 Any addendum / corrigendum thus issued shall be part of the EOI / tender documents and shall be notified in the website www.bridgeroof.co.in.

9.3 To give prospective bidders reasonable time in which to take an addendum / corrigendum into account in preparing their EOI application / Bid / offers, the Officer inviting EOI tender with the permission of the higher authority may, at his discretion, extend as necessary the dead line for submission of EOI application offer.

Page - 16

PREPARATION OF EOI TENDER / PRE-QUALIFICATION BID 10. LANGUAGE OF THE EOI / TENDER DOCUMENT:

10.1 All documents relating to the EOI application / Tender shall be in the English. EOI / offers submitted

in any other language shall be summarily rejected.

11. DOCUMENTS COMPRISING THE EOI DOCUMENT:

11.1 Following documents will be deemed to be part of the bid even if not submitted with the bid.

i) Pre-qualification Criteria

ii) Instruction to Bidder (IFB)

iii) Techno-Commercial Terms & Conditions

iv) Technical Specification

v) Schedules (A to M)

11.2 All the volumes / documents shall be provided in the website by the Officer inviting EOI tender. The bidder shall carefully go through the document and prepare the required documents and submit Documents.

A. Cost of “Tender Document”

i) Cost of Tender Document

B. “Techno-commercial Part”.

i) Declaration under the Official Secret Act, 1923

ii) Qualification Information and supporting documents,

iii) Certificates, undertakings, affidavits,

C. Price / Financial Part shall be issued to only the Techno-commercially recommended / qualified bidders of respective package(s).

i) Priced Schedule of Quantities and Rates

12. PROPOSAL TO THE BIDDER:

12.1 For Item rate bids, only the recommended / qualified bidders shall fill in rates in figures and should not leave any cell blank.

12.2 In case of percentage rate bid, only the Techno-commercially recommended / qualified bidders shall quote the total amount in figures and in words (Capital Letters) in the Schedule of Quantities & Rates provided in the Price Bid. The quoted amount of the recommended / qualified bidders shall be converted into percentage (with four decimal places without rounding off) above / below / at par in percentage with respect to Assessed value of the work given in the bid document.

13. FORMAT AND SIGNING OF EOI DOCUMENTS:

13.1 The bidder can download the EOI documents and save it in his system and undertake the necessary preparatory work and submit the hard copy of completed documents at his convenience within the final date and time of submission.

Page - 17

The bidder shall only submit single copy of the required documents (i.e PQ Documents, Techno-commercial Part & Technical Specification). The bidder cannot leave any figure blank.

13.2 The Bidder shall go through the EOI Documents carefully and list the documents those are asked for submission. Bidder shall prepare all documents including cost of EOI Document, Declaration form, Techno-commercial bid etc.

13.3 Non-submission of legible documents may render the bid non-responsive. However, the Officer inviting the EOI Tender, if so desires, can ask for legible copies or original copies for verification within a stipulated period provided such document.

13.3.1 EOI application / offer cannot be submitted after due date and time. Therefore, only after satisfying that all the documents have been included, the Bidder should submit their bid / offer.

14. DEADLINE FOR SUBMISSION OF THE EOI APPLICATION / OFFER:

14.1 Once the date and time is over, the bidder will not be able to submit the EOI / offer. The date & time of bid submission shall remain unaltered even if the specified date for the submission of bids declared a holiday for the Officer inviting EOI tender.

14.2 The officer inviting EOI tender may extend the deadline for submission of EOI / offer by issuing an amendment in accordance with Sub-Clause 9.3, in which case all rights and obligations of the officer inviting the offer & Engineer-in-Charge and the bidders previously subject to the original deadline will then be subject to the new deadline

15. LATE SUBMISSION OF EOI / OFFER:

15.1 EOI / offer received after the due date and time shall not be accepted. No request for extension of the due date indicated shall be entertained.

D. OPENING AND EVALUATION

16. OPENING OF EOI / OFFER:

16.1 EOI / Offer opening dates are specified during bid creation or can be extended vide corrigendum.

16.2 In the event of the specified date of EOI / Offer opening being declared a holiday for the Officer inviting EOI tender / Engineer-in-Charge, the EOI / Offers will be opened at the appointed time on the next working day.

16.3 EOI shall be opened in Camera.

16.4 EOI / Offer without Cost of EOI Document is liable to be rejected.

16.4.1 The EOI Documents accompanied with appropriate EOI document cost will be taken up for evaluation with respect to the qualification Information and other information furnished in the EOI Document.

16.5 The bidder will be asked in writing to clarify his Bid / Offer, if necessary.

16.6 The Techno-commercial / Pre-Qualification evaluation of all the EOI / offers will be taken up as per the information furnished by the Bidders. But evaluation of the offer does not exonerate the bidders from checking their original documents and if at a later date the bidder is found to have misled the Techno-commercial / Pre-Qualification evaluation through wrong information, necessary action shall be taken against the bidder / Contractor.

16.7 The work is intended to be awarded to more than one agency on Package / State concept. Package wise BOQ will be issued to the Techno-commercially recommended / Qualified bidder(s) of

Page - 18

respective package for onward submission of price alongwith appropriate value of EMD and tenderer shall quote in percentage [ above / below / at par (0%)] on Schedule Rates and Prices of BOQ for each package in separate envelope.

16.8 Price Part of packages shall be opened value-wise in chronological order ie Assessed value-wise (from Highest) on the notified date & time in the presence of bidders or their authorized representative who wish to be present. Only one Package shall be awarded to one bidder if becomes successful. For the rest of the package(s), their (L1-Bidder) Price Part will not be opened.

17. EXAMINATION OF EOI DOCUMENT / OFFER AND DETERMINATION OF RESPONSIVENESS:

17.1 During the detailed evaluation of “EOI Tender Documents”, the Officer inviting EOI tender will determine whether each EOI application / offer :-

a. Whether the EOI tender cost is issued by any Scheduled / Nationalised Bank.

b. Has submitted legible documents for evaluation.

c. Meets the Qualifying Criteria defined in Annexure - B and acceptance of Techno-commercial Terms & Conditions & Technical Specification.

d. Is substantially responsive to the requirements of the EOI documents.

18. RIGHT TO ACCEPT OR REJECT ANY OR ALL EOI / OFFERS:

18.1 B&R does not bind him to accept the EOI application / offers or any other offer and reserves to him the authority to reject any or all the EOI application / offers received without assigning any reason.

18.2 All EOI / Offers in which any of the prescribed condition is not fulfilled or any condition including that of conditional rebate is put forth by the bidder shall be summarily rejected.

19. CORRUPT OR FRAUDULENT PRACTICES:

19.1 INTEGRITY PACT : The Bidder / Contractor is required to enter into an Integrity Pact with the Employer, in the Format at Schedule-M. The Integrity Pact enclosed as Schedule-M will be signed by B&R for and on behalf of Employer as its Agent / Power of Attorney Holder at the time of execution of Agreement with the successful Bidder. While submitting the Bid, the Integrity Pact shall be signed by the duly authorized signatory of the Bidder. In case of failure to submit the Integrity Pact duly signed and witnessed, along with the Bid, the Bid is likely to be rejected.

In case of any contradiction between the Terms and Conditions of the Bid Document and the Integrity Pact, the former will prevail. For monitoring of the Integrity Pact, B&R has appointed the following eminent personalities as Independent External Monitor(s) (IEM) : Shri Prabhas Bhattacharya, Additional Member (Retd.) Railway Board, Indian Railways, Address : Duplex, 10A, Lake Land Country Club, Kona Expressway, PO-Munshidanga, Howrah-711 403, West Bengal

19.2 The Engineer-in-Charge will reject a proposal for award if he determines that the bidder recommended for award has been engaged in corrupt or fraudulent practices in competing for the contract in question. He will report to the Officer Inviting EOI / next higher authority.

Canvassing whether directly or indirectly, in connection with EOI is strictly prohibited and the bids submitted by the bidders who resort to canvassing will be liable for rejection.

Page - 19

ANNEXURE-D

DETAILS OF INFORMATION TO BE FURNISHED BY THE BIDDER (To be submitted in Bidders Letter Head only)

Bidders are requested to furnish the following information along with their offer. A) Name of the Bidder:

i) Postal Address :

ii) Telephone / Mobile Number

:

iii) Telefax Number

:

iv) e-mail Address

:

v) Contract Person

:

B) Contact person at Kolkata

i) Postal Address

:

ii) Telephone / Mobile Number

:

iii) Telefax Number

:

iv) e-mail Address

:

v) Contract Person :

Page - 20

ANNEXURE-E Letter of Submission

(To be submitted in Bidders Letter Head only)

A. Percentage rate offer for Construction of 08(eight) Colleges in North East States under Central Agricultural University (CAU),

Sub Head : Civil Work including PHE, Roads, Electrical & other Allied Works etc. T E N D E R

I/ We have read and examined the EOI document alongwith Instructions to Bidders, Annexure(s), Exhibits,

schedules ( A to M ).General Conditions of Contract, Special Condition of Cntract, Technical Specification & other documents and Rules referred to in the conditions of contract and all other contents in the EOI tender document for the work.

I/We hereby EOI tender for the execution of the work specified for the CAU-Imphal within the time specified in Table – I and in accordance in all respects with the specifications and instructions in writing referred to in EOI Document and with such materials as are provided for, by, and in respects in accordance with, such conditions so far as applicable.

We agree to keep the EOI tender open for ninety (90) days from the due date of submission of EOI application thereof and not to make any modifications in its terms and conditions.

The cost of EOI document of value Rs. 5000.00 (Rupees Five Thousand only) the form of Demand Draft / Pay Order / Banker’s Cheque has been deposited from a scheduled bank issued in favour of Bridge & Roof Co. (I) Ltd alongwith the EOI Application and the Earnest Money of stipulated amount in the form of Demand Draft / Pay Order / Banker’s Cheque / in the form of BG in Co.’s approved format shall be deposited from a scheduled bank issued in favour of Bridge & Roof Co. (I) Ltd alongwith our Price Bid. If I/we, fail to furnish the prescribed Performance Guarantee within prescribed period, I/We agree that the said Bridge & Roof Co. (I) Ltd or his successors in office shall without prejudice to any other right or remedy, be at liberty to forfeit the said earnest money absolutely. Further, if I/we fail to commence work as specified, I/we agree that Bridge & Roof Co. (I) Ltd or his successors in office shall without prejudice to any other right or remedy available in law, be at liberty to forfeit the said earnest money and the performance guarantee absolutely, otherwise the said earnest money shall be retained by him towards retention money to execute all the works referred to in the EOI documents upon the terms and conditions contained or referred to therein and to carry out such deviations as may be ordered, upto maximum of the percentage mentioned in EOI document’ and those in excess of that limit at the rates to be determined in accordance with the provision specified in EOI document.

I/we hereby declare that I/we shall treat the EOI tender documents, drawings and other records connected with the work as secret/ confidential documents and shall not communicate information derived there from to any person other than a person to whom I/we am/are authorized to communicate the same or use the information in any manner prejudicial to the safety of the State.

Date :_________________ Signature of Contractor

Postal Address

Witness:

Address :

Occupation :

Page - 21

ANNEXURE-F AFFIDAVIT

(To be submitted in Bidders Letter Head only)

I/We undertake and confirm that eligible similar work(s) has / have not been got executed through another contractor on back to back basis. Further that, if such a violation comes to

the notice of B&R, then I / we shall be debarred for bidding in B&R in future forever. Also, if such a violation comes to the notice of Department before date of start of work, the Engineer-in-Charge

shall be free to forfeit the entire amount of Earnest Money Deposit / Performance Guarantee. Date : Place :

Signature (s) of Bidder (s) With Seal of Firm

Page - 22

EXHIBITS

Page - 23

SUB : INDEX OF EXHIBITS TO BE FURNISHED BY BIDDER

Sl. No.

Exhibit No. Details to be furnished

1. EXHIBIT – EA Deployment schedule of supervisory personnel. Bidder shall submit this list duly filled in for all applicable disciplines. Bidder shall be required to modify this list and add any additional supervisory personnel required for the work covered under this contract (to be submitted by the bidder package wise).

2. EXHIBIT – EB Deployment schedule of direct + indirect labour (to be submitted by the bidder package wise).

3. EXHIBIT – EC Deployment schedule of construction equipments including shuttering material. This exhibit includes list of construction equipments for various disciplines of work. Bidder shall submit this list duly filled in for all applicable disciplines. Bidder shall be required to modify this list and add any additional equipment required for the work covered under this contract (to be submitted by the bidder package wise).

4. EXHIBIT – ED Site Organization Chart (to be submitted by the bidder package wise).

5. EXHIBIT – EE Curriculum Vitae (to be submitted by the bidder package wise) This will be furnished for Project Manager, Construction Manager, Lead Engineer, Site Engineers & QC/QA Engineer.

6. EXHIBIT-EF The Bidder has to submit “No Deviation Certificate” as per exhibit EF, duly signed.

7 EXIBIT – EG

In case bidder requires some clarifications with respect to the stipulations of the bidding document, they may submit the same as per this exhibit within the cutoff date mentioned in Letter Inviting Bid. Bidder should ensure that the queries are sent in a consolidation manner and not in piece meal.

8. EXHIBT-EH Details of PF Registration

9. EXHIBIT – EI Declaration by the Bidder

10. EXHIBIT – EJ Integrated Bar Chart (to be submitted by the bidder package wise alongwith price bid only)

11. EXHIBIT – EK Check list

Note : 1. Bidders will be required to submit / upload all the details as per Exhibits enclosed in EOI Document.

The details must fulfill the requirements specified in, Annexure – A to H, Exhibits & Schedule-A to M. In case details are not submitted as per these Exhibits and/or the details submitted are inadequate/not compatible with the requirements specified in Annexure – A to H, Exhibits & Schedule-A to M of EOI, such offers shall be treated as non-responsive and are liable to be rejected. B&R/BMC’s decision in this regard shall be final & binding.

Page - 24

EXHIBIT-EA DEPLOYMENT SCHEDULE OF TECHNICAL & SUPERVISORY PERSONNEL

The Bidder shall submit the details deployment of all supervisory personnel specified in Schedule-F the following format

Sl. No.

Description

MONTH-WISE DEPLOYMENT SCHEDULE

Total (Man Months)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1. Project Manager

2. Execution Engineer

3. Electrical Engineer

4. Quality Control Engineer

5. Safety Engineer / person

6. Supervisor

SIGNATURE OF BIDDER : NAME OF BIDDER : COMPANY SEAL:

Page - 25

EXHIBIT-EB

SUB : EXHIBIT FOR DEPLOYMENT SCHEDULE OF DIRECT + INDIRECT LABOUR

Sl. No.

Description


Total (Man Months)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1. Mason

2. Carpenter :

a) For Scaffolding

b) For Shuttering

3. Bar Bender

4. Plumber

5. Electrician

6. Painter

7. Fitter

8. Welder

9. Unskilled Labour

10. Miscellaneous

11. Semi skilled Labour

Note : Bidder shall furnish the deployment schedule (in months) as per the time schedule of completion of this work .

Page - 26

EXHIBIT-EC

DEPLOYMENT SCHEDULE OF CONSTRUCTION EQUIPMENTS

The Bidder shall submit the details deployment schedule of all proposed construction equipments specified in Annexure-I of Special Conditions of Contract in the following format.

Sl. No.

Description


Total (Man Months)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1.

2.

3.

4.

5.

6.

7.

Bidder may make additions/deletions in the equipment list as above based on his requirement SIGNATURE OF BIDDER : NAME OF BIDDER : COMPANY SEAL :

Page - 27

EXHIBIT ED DETAILS OF PROPOSED SITE ORGANIZATION

The bidder shall submit on a separate sheet details of Head Office and Site Organization proposed to be deployed for execution of the work. Bidder shall also furnish the bio-data of site-in-charge and key personnel to be deployed. Bidder agrees to augment the above chart with additional number/categories, as directed by Engineer-in-Charge, to complete the work within the completion time schedule and quoted price. SIGNATURE OF BIDDER : NAME OF BIDDER : COMPANY SEAL : Note: Bidder to include planning engineer, quality control engineer, safety officer and store keeper/ office in proposed site organization.

Page - 28

SUB EXHIBIT – ‘EE’ FOR CURRICULAM VITAE 1. NAME 2. POSITION HELD IN ORGANISATION CHART, PROPOSED FOR THIS WORK

3. DATE & PLACE OF BIRTH 4. NATIONALITY 5. EDUCATIONAL QUALIFICATION 6. SPECIAL COURSES UNDERGONE

7. NO. OF YEARS WITH THE FIRM 8. SUMMARY OF EXPERIENCE (TO BE SUBMITTED EMPLOYER WISE)

S. No.

Name of Project Positions Major Activity Years

SIGNATURE OF BIDDER : NAME OF BIDDER : COMPANY SEAL :

Page - 29

EXHIBIT EF

COMPLIANCE TO EOI / BID REQUIREMENT (To be submitted in Bidder’s Letter Head)

We hereby agree to fully comply with, abide by and accept without variation, deviation or reservation all

technical, commercial and other conditions whatsoever of the EOI Documents and Addendum to the

EOI Documents, if any, for subject work issued by Bridge & Roof Co. (I) Ltd. We hereby further confirm that any terms and conditions if mentioned in our EOI Application / offer shall

not be recognized and shall be treated as null and void. SIGNATURE OF BIDDER :

NAME OF BIDDER :

COMPANY SEAL :

Page - 30

EXHIBIT – EG

BIDDER’S QUERIES

S.No.

Bidding Document Subject

Bidder’s Query

Employer’s Reply Page No. Clause No.

Note : Bidder’s Queries may be sent by fax to fax numbers 033-2217-2106 and also by e -mail

to [email protected]

Page - 31

EXHIBIT - EH

DETAILS OF P.F. REGISTRATION

Bidder to furnish details of Provident Fund Registration: PF Registration No. : District & State : We hereby confirm that the above PF Account is under operation presently and shall be used for all PF

related activities for the labour engaged by us in the present work (if awarded to us).

(SIGNATURE OF BIDDER)

Page - 32

Exhibit - EI

DECLARATION BY THE BIDDER

We (Name of the Bidder ………………………. ) hereby represent that we have gone through

and understood the EOI Document, Techno-commercial Documents & relevant documents etc

) including Compliance to EOI / Bid Requirement and Part-II (Schedule of Quantities and Rates – to be issued only the Techno-commercially recommended / Qualified bidders) that our

EOI application has been prepared accordingly in compliance with the requirement stipulated in the said documents.

We are submitting a copy of EOI Document marked “Original” as part of our EOI application duly

signed and stamped on each page in token of our acceptance. We undertake that EOI Document

shall be deemed to form part of our EOI and in the event of award of work to us the same shall be

considered for constitution of Contract. Further, we shall sign and stamp each page of this EOI document including Compliance to EOI / Bid Requirement and Part-II ( to be issued only the Techno-commercially recommended / Qualified bidders) as a token of Acceptance and as a

part of the Contract in the event of award of Contract to us.

We further confirm that we have gone through the PQ Documents & Techno-commercial Terms

& Conditions and shall submit Price Bid in separately sealed envelope in receipt of the same

from B&R. We confirm that our quoted rates shall include the price for all works /activities /

supply etc. as per the item description of the items in Schedule of Quantities & Rates.

SIGNATURE OF BIDDER : NAME OF BIDDER : COMPANY SEAL : Note: This declaration should be signed by the Bidder’s representative who is signing the EOI / Bid.

Page - 33

Exhibit - EJ

Integrated Bar Chart (To be submitted by the Bidder alongwith Price Bid only) Sl. No.

Activity

MONTH-WISE SCHEDULE

Total (Man Months

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1. Excavation

2. RCC

3. Brick work, Door & window, Railing Fixing

4. Electrical Conduits

5. Water proofing

6. Plastering & External finishing

7. Flooring

8. Sanitary & Plumbing Works

9. Painting & polishing work

10. Internal Electrical Works

11. Air Conditioning Work

12. Fire & Other Related work

13 Lift Work 14. Telephone, Wiring, TV

Antenna etc. Work

15. Final coat of painting & handing over

16. Landscaping Work SIGNATURE OF BIDDER : NAME OF BIDDER : COMPANY SEAL :

Page - 34

EXHIBIT-EK

CHECK LIST FOR SUBMISSION OF EOI / BID Bidder is requested to fill this check list and ensure that all details/documents have been furnished as called for in the EOI Document along with duly filled in, signed & stamped checklist with each copy of the "Un-priced Document”. Please tick the box and ensure compliance: (A.1) Bid Forwarding Letter

Submitted

(A.2) Power of Attorney in Favour of the person who has signed the bid on stamp paper of Appropriate value.

Submitted

(A-3) Partnership Deed in case of partnership firm and Article of Association in case of limited company.

Submitted

(A-4) Deployment schedule of Supervisory personnel as per Exhibit- EA

Submitted

(A-5) Deployment schedule of direct + indirect labour as per Exhibit- EB

Submitted

(A-6) Deployment Schedule of Construction Equipments as per Exhibit- EC

Submitted

(A-7) Details of Proposed Site Organization as per Exhibit- ED

Submitted

(A-9) Exceptions/ Deviations

Submitted

(A-10) Compliance to Bid Requirement as per Exhibit- EF

Submitted

(A-11) Declaration regarding PF as per Exhibit- EH

Submitted

(A-12) Declaration by the bidder as per Exhibit - EI

Submitted

Page - 35

(A-13) All pages of the bid have been page numbered in sequential manner

Submitted

(A-14) Integrated Bar Chart/ as per Exhibit- EJ

To be Submitted by the Techno-commercially recommended / qualified bidders at the time of submission of price bid.

SIGNATURE OF BIDDER : NAME OF BIDDER : COMPANY SEAL :

Page - 36

BRIDGE AND ROOF CO. (I) LIMITED GENERAL CONDITIONS OF THE CONTRACT: Definition of Terms : The various terms appearing in the EOI Document shall have the following meaning unless they are repugnant to the context otherwise. a) Company : Bridge & Roof Co.(India) Ltd. having its registered office at “Kankaria

Centre”, 2/1, Russel Street, (5th Floor), Kolkata – 700071, inviting this Tender.

b) Owner : Central Agricultural University, Imphal (hereinbefore / hereinafter referred to as CAU-Imphal,)having their registered office at CAU-Imphal represented by Bridge & Roof Co. (I) Ltd. (hereinbefore / hereinafter referred to as B&R) having their registered Office at Kankaria Centre,2/1 Russel Street,Kolkata-700071.

c) Tenderer/Bidder

: The firm/party who shall tender quotation to the Company.

d) Contractor/Sub-Contractor/ Successful Bidder

: The Tenderer whose quoted offer will be accepted, either in full or in part, by the Company.

e) Work(s) : Jobs that are to be executed by the Contractor as awarded to him by the Company.

f) Work-Order/Contract : The formal letter/notification issued to the Contractor awarding the work(s) in full or in part by the Company together with the applicable terms & conditions etc. as are finally & mutually agreed to between the Company and the Contractor.

g) Site/Worksite : The premises where the work will be executed by the Contractor and shall include the lands, buildings, structures etc. erected thereupon.

h) Engineer–in-Charge : The Officer/Engineer nominated & authorised by the Company for the time being for the purpose of operating the Contract or any work covered there under.

i) Accepting Authority : Director (Project Management) / Chairman Cum Managing Director of the Company.

1. Scope of Works : The work to be carried out under this contract shall, except as otherwise provided anywhere in the

condition, include all labour, materials, tools, plants, equipments and transport which may be required in preparation of and for and in the full and entire execution and completion of the works.

2. Schedule of Quantities :

The quantum of work given in the Schedule of Quantities & Rates are only indicative and are subject to variation either individually or conjointly for which no revision in contractor's quoted rate shall be admissible i.e., quoted rates / prices shall remain valid irrespective of actual quantities to be executed.

Page - 37

The tenderer shall quote the total amount in figures and in words (Capital Letters) in the Schedule of Quantities & Rates to be issued to the techno-commercially recommended / qualified bidders only. The quoted amount of the tenderer shall be converted into percentage (with four decimal places without rounding off) above / below / at par (0%) in percentage with respect to Assessed value of the work to be given in the price bid. The percentage so derived shall be applicable on the value of the work executed as per the estimated rate mentioned in the Schedule of Quantities & Rates. Tenderers who propose any alteration in the work specified in the said form of invitation to tender, or in the time allowed for carrying out the work, or which contain any other conditions of any sort, including conditional rebates, will be liable for rejection.

3. Inspection of Sites :

The Tenderer shall inspect and examine the site and its surroundings and shall satisfy himself before submitting his quotation as to the nature of the ground and sub soil (so far as is practicable) the form and nature of the site and nature of work and materials necessary for the execution of the work and the means of access to the site, the accommodation he may require and in general shall himself obtain all necessary information as to risks, contingencies and other circumstances which may influence or affect his quotation. No extra charges consequent on any misunderstanding or otherwise shall be allowed.

4. Sufficiency of Quotation :

The Tenderer shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his quotation for the works and of the rates and prices to be quoted by the techno-commercially recommended bidders in the Schedule of Quantities which rates and prices shall, except as otherwise provided, cover all his obligations & liabilities under the Contract and all matters and things necessary for the proper completion and maintenance of the Works.

5.A) Earnest Money Deposits :

EMD amount for all (08) packages shall be considered 1% of the Assessed value of respective packages put to EOI / Price Part and shall be submitted in the form of Demand Draft /Pay Order / Bankers Cheque / Bank Guarantee (BG) in B&R’s format alongwith Price Bid for the period of Six months. (No A/c Payee Cheque shall be considered). EMD amount in the form of BG submitted by successful bidder shall be released after submission of PBG. In case, EMD amount in the form of Demand Draft / Pay Order / Banker’s cheque submitted by successfully bidder will be treated as a part of retention money and the deduction towards the retention money will start after adjustment of EMD amount against value of work done in R/A bills.

No interest will be payable on Earnest Money Deposit.

5.B) Retention Money :

5% (five percent) of the gross value of the R/A Bill & Final Bill will be deducted by cash and retained with the company towards retention money for the due & faithful performance of the Contractor’s obligations under the contract. The total deduction will not be more than 5% of the total value of work executed by the bidder.

The accumulated retention amount security amount less the recoveries, if any, will be refunded and released to the Contractor after expiry of the maintenance / guarantee / defect liability period of the works defined elsewhere in the Tender. No. interest shall be paid on retention money.

Page - 38

5.C) Performance Bank Guarantee (PBG) :

The successful bidder shall be required to deposit an amount equal to 5%(five percent) of the contract value of the work as Performance Guarantee in the form of an irrevocable Bank guarantee bond of any Nationalized / Scheduled Bank in accordance with the form prescribed within Fifteen (15) days from the date of issue of Letter of Intent initially valid upto the stipulated date of completion plus Defects Liability Period defined elsewhere in the EOI + 90 (ninety) days claim period. After successful completion of Guarantee / Defect Liability Period by the Contractor, the Performance Bank Guarantee (PBG) shall be returned to the Contractor, without any interest. In case of value of work exceeds / reduces from the contract / awarded value, value of PBG shall be correspondingly enhanced / reduced.

6. Deviations / Variations :

The Engineer-in-Charge shall have power (i) to make alterations in, omissions from, additions to or substitutions for the original specifications, drawings, designs and instructions that may appear to him to be necessary or advisable during the progress of the work and (ii) to omit a part of the works in case of non-availability of portion of the site or for any other reasons, and the Contractor shall be bound to carry out the Works in accordance with any instructions given to him by the Engineer-in-Charge & such alterations, omissions, additions or substitutions shall form part of the Contract as if originally provided therein and any altered, additional or substituted work which the Contractor may be directed to do in the manner above specified as part of the Works, shall be carried out by the Contractor on the same conditions in all respects including price on which he agreed to do the main work.

7. Suspension of Work :

The Contractor shall, on receipt of the order in writing of the Engineer–in–Charge, suspend the progress of the Works or any part thereof for such time and in such manner as the Engineer-in-Charge may consider necessary for any of the following reasons.

i) On account of any default on part of the Contractor, or

ii)

For proper execution of the Works or part thereof for reasons other than the default of the Contractor, or

iii) For safety of the works or part thereof;

The Contractor shall, during such suspension, properly protect and secure the works to the extent necessary and carry out the instructions given in that behalf by the Engineer–in–Charge.

8. Completion Time :

Time of completion of the Works is the essence of the contract and Contractor shall strictly follow and adhere to the Completion Schedule as specified or as to be prepared and handed over to the Contractor by the Engineer–in–Charge after notification of acceptance of tender. The execution of the Works shall commence within a reasonable period as to be decided by the Engineer–in–Charge from the date of issues of instruction to commence the work or from the date of handing over of the site whichever is later but not exceeding 15(fifteen) days. If the Contractor commits default in commencing the execution of work as aforesaid, company shall without prejudice to any other right or remedy be at liberty to take any actions which it shall deem fit and proper against the Contractor.

9. DELAY IN EXECUTION OF WORKS

If The Works be delayed by :

a) force majeure, or

Page - 39

b) abnormally bad weather, or

c) serious loss or damage by fire, or

d) civil commotion, local combination of workmen, strike or lock out, affecting any of the trades employed

on the work, or

e) delay on the part of other contractors engaged by Company in executing work not forming part of the Contract, or

f) non-availability of stores, which are the responsibility of Company to supply, or

g) non-availability or break-down of Tools & Plant to be supplied or supplied by Company, or

h) any other cause which, in the absolute discretion of Engineer–in–Charge, is found as beyond the Contractor's control; then upon the happening of any such event causing delay, 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.

10. TOOLS, PLANTS AND EQUIPMENTS :

10.1 The Contractor shall arrange at his own expense all tools, plant and equipment (herein after referred to as T&P) required for execution of the work.

10.2 If the Contractor requires any item of T&P on hire from the Company, the Company will, if such item is available, hire it to the Contractor at a rate to be fixed by the Engineer–in–Charge.

10.3 If at any time Company's T&P has not worked at all during a day except for a breakdown, or has worked for less than eight hours during a day, the Contractor shall be charged for one working day.

10.4 If any item of Company's T&P has stopped working on account of breakdown before it has worked for four hours in a day, the Contractor will be charged for half a working day. If the item has stopped working after it has worked for more than four hours but less than eight hours, the Contractor will be charged for a full working day.

10.5 The Contractor shall be responsible for care and custody of Company's T&P (including employment of Chowkidwar's) during the period Company's T&P remain with him and any damage (fair wear and tear excepted) to any of the equipment (except for Expected Risks provided always the Contractor has taken precautions necessary to protect it from such risks) shall be made good at the Contractor's expense to the satisfaction of the Engineer–in–Charge unless such damage is caused because of negligence of crew provided by the Company.

10.6 Company's T&P hired to the Contractor shall be returned at the place of issue (unless otherwise directed) by the Contractor to the Engineer–in–Charge on completion of the work or section of the work or earlier on termination of the hire by the Company as hereinafter provided on a written notice by the Engineer-in-Charge. The Company shall be entitled to terminate the hire on two day's notice without assigning any reason whatsoever and the Contractor shall have no claim to any payment of compensation or otherwise whatsoever on account of termination of hire of Company's T&P by the Company.

10.7 If owner's / client's, T&P are given to the Contractor on hire for execution of the work through the company, the same charges/rents as would be levied on the Company shall be charged to the Contractor and similar conditions as applicable to the Company for hirage of T&P from Owner/Client will also apply in the case of the Contractor without any alteration.

Page - 40

11. MATERIALS :

The Contractor shall at his own expense, provide all materials required for the work other than those

which are to be supplied by the company and specifically mentioned elsewhere in this Tender Documents.

11.1 All materials to be provided by the Contractor shall be in conformity with the specifications laid down in the contract and the Contractor shall, if requested by the Engineer–in–Charge, furnish proof to the satisfaction of him that the materials so comply.

11.2 The Contractor shall, at his own expense and without delay, supply to the Engineer–in–Charge samples of materials proposed to be used in the Works. The Engineer–in–Charge shall within seven days of supply of samples or within such further period as he may require intimate to the contractor in writing, inform the Contractor whether samples are approved by him or not. If samples are not approved, the Contractor shall forthwith arrange to supply to the Engineer–in–Charge for his approval fresh samples complying with the specification laid down in the Contract.

11.3 The Engineer–in–Charge shall have full powers to require removal of any or all of the materials brought to site by the Contractor which are not in accordance with the Contract specifications or do not conform in character or quality to samples approved by him. In case of default on the part of the Contractor in removing rejected materials the Engineer–in–Charge shall be at liberty to have them removed by other means. The Engineer–in–Charge shall have full powers to procure other proper materials to be substituted for rejected materials and in the event of the contractor refusing to comply, he may cause the same to be supplied by other means. All costs, which may attend upon such removal and/or substitution, shall be borne by the Contractor.

11.4 All charges on account of octroi, terminal or sales tax & other duties on materials obtained for the Works from any source (including materials supplied by the company) shall be borne by the Contractor.

12. MATERIALS SUPPLIED BY COMPANY :

12.1 Contractor shall submit to the company from time to time as directed by Engineer–in–Charge or on completion, the reconciliation statement in the proforma and manner to be specified by Engineer–in–Charge, showing thereon the consumption of materials issued to the Contractor by the Company for incorporation & fixing in the works including preparatory work. Permissible Wastage allowance for material appropriation shall be same as to be approved by Engineer–in–Charge. Cost of any wastage beyond permissible limit shall be charged to the Contractor at the rates as to be decided by Engineer - in-Charge. In all cases, however, the Contractor shall, at his expenses, return the wastage/surplus, materials to the Company at the place of issue.

12.2 In case, any materials are supplied by the Company to the Contractor on chargeable basis as per prevailing market rate + 10% service charges, the following provisions will apply.

i) For the materials, which the company has agreed to supply to the Contractor, he shall give a reasonable notice in writing of his requirements to the Engineer–in–Charge in accordance with the agreed phased programme. Such materials shall be supplied for the purposes of the Contract only and the value of materials so supplied at the rates specified shall be set of or deducted, as and when materials are consumed in items of work for which payment is being made to the Contractor, under the contract. At the time of submission of bills the contractor shall properly account for the materials issued to him to the satisfaction of the Engineer-in-Charge, certify that balance of materials supplied in available at site.

ii) The Contractor shall bear the cost of loading, transporting to site, unloading, storing under cover as

Page - 41

required, assembling and joining the several parts together as necessary & incorporating of fixing materials in the works including all preparatory work of whatever description as may be required.

iii) All materials issued to the Contractor by the Company for incorporation or fixing in the Works (including preparatory work) shall, on completion or on foreclosures of the Works, be returned by the Contractor at his expense, at the place of issue, after making due allowance for actual consumption, reasonable wear and tear and/or waste.

iv) Surplus materials in acceptable sizes returned by the Contractor shall be credited to him by the Engineer-in-Charge at rates not exceeding those at which rates these were originally issued to him after taking into consideration any deterioration or damage which may have been caused to the said materials whilist in custody of the contractor.

v) If on completion of works the Contractor fails to return surplus materials out of those supplied by the Company, then in addition to any other liability which the Contractor would incur, the Engineer-in-Charge may, by a written notice to the Contractor, require him to pay within a fortnight of receipt of the notice, for such un-returned surplus materials at double the issue rates.

12.3 Materials required for the Works, whether brought by the Contractor or supplied by the Company, shall be stored by the Contractor only at places approved by the Engineer–in–Charge, storage and safe custody of materials shall be the responsibility of the Contractor.

12.4 Company's officials concerned with the Contract shall be entitled at any time to inspect and examine any materials intended to be in or on the Works, either on the Site or at factory or workshop or other place(s) where such materials are assembled, fabricated, manufactured or at any place(s) where these are lying or from which these are being obtained and the contractor shall give such facilities as may be required for such inspection and examination.

12.5 All materials brought to the site shall become and remain the property of the Company and shall not be removed off the Site without the prior written approval of the Engineer–in–Charge. But whenever the works are finally completed and advance if any, in respect of any such materials is fully recovered, the Contractor shall at his own expense forthwith remove from the site all surplus materials originally supplied by him and upon such removal, the same shall revest in and become the property of the Contractor.

13. LABOUR : The Contractor shall employ labour in sufficient numbers to maintain the required rate of progress and

quality to ensure workmanship of the degree specified in the Contract and to the satisfaction of the Engineer–in–Charge. The Contractor shall not employ in connection with the Works any person who has not completed his fifteen years of age.

13.1 The Contractor shall furnish to the Engineer-in-Charge at the intervals mentioned in Schedule F, a distribution return of the number & description by trades of the workpeople employed on the Works. The Contractor shall also submit on the 4TH and 19TH of every month to the Engineer–in–Charge a true statement showing in respect of the second half of the current month (i) 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 (ii) the number of female workers who have been allowed Maternity Benefit as provided in the Maternity Benefit Act,1961 of Rules made there under and the amount paid to them.

13.2 The Contractor shall pay to labour employed by him wages not less than fair wages as defined in the Contractor's Labour Regulations.

13.3 The Contractor shall in respect of labour employed by him comply with or cause to be complied with the Contractor's Labour Regulations in regard to all matters provided therein.

Page - 42

13.4 The Contractor shall comply with the provisions of the payment of Wages Act, 1936, Minimum Wages

Act, 1948, Employer's Liability Act, 1938, Workmen's Compensation Act, 1923, Industrial Disputes Act, 1947, Maternity Benefit Act, 1961 and Mines Act, 1952 or any modifications thereof or any other law relating thereto and rules made thereunder from time to time.

13.5 The Contractor shall be liable to pay his contribution and the employee's contribution to the State Insurance Scheme in respect of all labour employed by him for the execution of the contract, in accordance with the provision of "The Employee's State Insurance Act, 1948" as amended from time to time. In case the contractor fails to submit full details of his account of labour employed and the contribution payable, the Engineer–in–Charge shall recover from the running bills of Contractor and amount of contribution as assessed by him. The amount so recovered shall be adjusted against the actual contribution payable for Employees State Insurance.

13.6 The Engineer–in–Charge shall on a report having been made by an Inspecting Officer as defined in the Contractor's Labour Regulation have the power to deduct from the money due to the Contractor any sum required or estimated to be required for making good the loss suffered by a worker or workers by reasons of non-fulfilment of the Conditions of the Contract for the benefit of workers, non-payment of wages or of deduction made from his or their wages which are not justified by the terms of the Contract or non-observance of the said Contractor's Labour Regulations and Acts and Rules framed there under.

13.7 In the event of the Contractor committing a default or breach of any of the provisions of the aforesaid contractor's Labour Regulations, as amended from time or furnishing any information of submitting or filling any Form / Register / Slip under the provisions of these Regulations which is materially incorrect then on the report of the Inspecting Office as defined in the Contractor's Labour Regulation, the Contractor shall without prejudice to any other liability pay to the Company a sum as applicable as per prevailing Rules as liquidated damages for every default, breach or furnishing, making, submitting, filling materially incorrect statement as may be fixed by the Engineer–in–Charge & in the event of the Contractor's default continuing in this respect, the liquidated damages may be enhanced for each day of default subject to a maximum percent of the Assessed cost of the Works put to tender. The Engineer–in–Charge shall deduct such amount from bills or security deposit of the Contractor and credit the same to the Welfare Fund constituted under Regulations. The decision of the Engineer–in–Charge in this respect shall be final and binding.

13.8 The Contractor shall at his own expense comply with or cause to complied with Model Rules for Labour Welfare framed by Government from time to time for the protection of health and for making sanitary arrangements for workers employed directly or indirectly on the Works. In case the Contractor fails to make arrangement as aforesaid, the Engineer–in–Charge shall be entitled to do so and recover the cost thereof from the Contractor.

13.9 The Contractor shall at his own expense arrange for the safety provisions as required by the Engineer-in-Charge, in respect of all labour directly or indirectly employed for performance of the Works and shall provide all facilities in connection therewith. In case the Contractor fails to make arrangements and provide necessary facilities as aforesaid, the Engineer–in–Charge shall be entitled to do so and recover the cost thereof from the Contractor.

13.10 Failure to comply with Model Rules for Labour Welfare, Safety Code or the provisions relating to report on accidents and to grant of maternity benefits to female workers shall make the Contractor liable to pay to the Company as liquidated damages as applicable as per prevailing Rules for each default or materially incorrect statement. The decision of the Engineer–in–Charge in such matters based on reports from the Inspecting Officers as defined in the Contractors Labour Regulation as appended to these conditions shall be final and binding and deductions for recovery of such liquidated damages may be made from any amount payable to the Contractor.

Page - 43

14. POSSESSION OF SITE BY CONTRACTOR :

The Contractor shall not be permitted to enter on (other than for inspection purposes) or take possession of the site until instructed to do so by the Engineer–in–Charge in writing. The portion of the site to be occupied by the contractor shall be defined and/or marked on the site plan, failing which these shall be indicated by the Engineer–in–Charge at site and the contractor shall on no account be allowed to extend his operations beyond these areas. In respect of any land allotted to the Contractor for purposes of or in connection with the contract the contractor shall be a licensee subject to the following and such other terms and conditions as may be imposed by the licenser :

i) that he shall pay a nominal licence fee per year or part of a year for use and occupation, in respect of each and every separate area or land allotted to him.

ii) that such use or occupation shall not confer any right of tenancy of the land to the Contractor.

iii) that the Contractor shall be liable to vacate the land on demand by the Engineer–in-Charge.

iv) that the contractor shall have no right to any construction over this land without the written permission of the Engineer-in-Charge. In case, he is allowed to construct any structure he shall have to demolish and clear the same before handing over the completed work unless agreed to the contrary.

14.1 The Contractor shall provide, if necessary or if required on the site, all temporary access there to and shall alter, adopt and maintain the same as required from time to time and shall take up and clear them away as and when no longer required and as and when ordered by the Engineer–in–Charge and make good all damage done to the site.

15. SETTING OUT WORKS :

The Engineer–in–Charge shall supply drawings, levels and other information necessary to enable the Contractor to set out the Works and be responsible for the accuracy of the same. He shall amend at his own cost and to the satisfaction of the Engineer-in-Charge any error found at any stage which arise through in accurate setting out unless such error is based on incorrect date furnished in writing by the Engineer–in–Charge, in which case the cost of rectification shall be borne by the Company. The Contractor shall protect and preserve all benchmarks used in setting out the Works till end of the Defects Liability period unless the Engineer–in–Charge directs their removal.

16. MATERIALS OBTAINED FROM EXCAVATION:

Materials of any kind obtained from excavation on the site shall remain the property of the company and shall be disposed of as the Engineer–in–Charge may direct.

All fossils, coins, articles of value of antiquity and structures and other remains or things of geological or archaeological interest discovered on the site shall be the absolute property of the Company and the Contractor shall take reasonable precautions to prevent his workmen or any other person from removing or damaging any such article or thing shall immediately upon discovery thereof and before removal acquaint the Engineer–in–Charge with such discovery and carry out the Engineer–in–Charge's directions as to the disposal of the same at the expense of the company.

17. WATCHING & LIGHTING :

The Contractor shall provide and maintain at his own expense all lights, guards fencing and watching when and where necessary or required by the Engineer–in–Charge for the protection of the Works or for the safety and convenience of these employed on the Works or the public.

Page - 44

18. CONTRACTOR'S SUPERVISION :

The Contractor shall either himself supervise the execution of the Works or shall appoint a competent agent approved by the Engineer-in-Charge, if the Contractor has himself not sufficient knowledge and experience to be capable of receiving instructions or cannot give his full attention to the Works, then the Contractor, shall at his own expense employ as his accredited agent an engineer approved by the Engineer–in–Charge. Orders given to the Contractor's agent shall be considered to have the same force if these had been given to the Contractor himself. If the Contractor fails to appoint a suitable agent as directed by the Engineer–in–Charge, the Engineer–in–Charge shall have full powers to suspend the execution of the Works until such date as suitable agent is appointed and the Contractor shall be held responsible for the delay so caused to the works.

19. INSPECTION & APPROVAL :

All works embracing more than one process shall be subject to examine and approval at each stage thereof and the Contractor shall give due notice to the Engineer–in–Charge or his authorised representative when each stage is ready. In default of such notice, the Engineer-in-Charge shall be entitled to appraise the quality and extent thereof.

19.1 No Work shall be covered up or put out of view without the approval of the Engineer–in–Charge or his authorised representative and the Contractor shall afford full opportunity for examination of foundations before permanent work is placed thereon. The Contractor shall give due notice to the Engineer–in–Charge or his authorised representative whenever any such work or foundation is ready for examination and the Engineer-in-Charge or his representative shall without unreasonable delay, unless he considers it unnecessary and advises the Contractor accordingly, attend for the purpose of examining and measuring such work or of examining such foundations. In the event of the failure of the Contractor to give such notice he shall, if required by the Engineer-in-Charge, uncover such work at the Contractor's expense.

19.2 Company's/Owner's representatives concerned with the Contract shall have powers at any time to inspect and examine any part of the Works and the Contractor shall give such facilities as may be required for such inspection and examination.

20. POWERS OF ENGINEER-IN-CHARGE'S REPRESENTATIVE :

The duties of the representatives of the Engineer–in–Charge are to watch and supervise the Works and to test and examine any materials to be used or workmanship employed in connection with the Works. He shall have no authority to order any work involving any extra payment by the Company nor to make any variation in the Works.

20.1 The Engineer-in-Charge may from time to time delegate to his representative any of the powers and authorities vested in the Engineer–in–Charge and shall furnish to the Contractor a copy of all such written delegation of Powers and authorities. Any written instruction or written approval given by the Representative of the Engineer-in-Charge to the Contractor within the terms of such delegation shall bind the Contractor and the Company as through it had been given by the Engineer–in–Charge.

20.2 Failure of the Representative of the Engineer–in–Charge to disapprove any work or materials shall not prejudice the power of the Engineer–in–Charge thereafter to disapprove such work or materials and to order the pulling down, removal or breaking up thereof.

20.3 If the Contractor shall be dissatisfied with any decision of the Representative of the Engineer–in–Charge he shall be entitled to refer the matter to the Engineer–in–Charge who shall thereupon confirm, reverse or vary such decision.

Page - 45

21. REMOVAL OF WORKMEN :

The Contractor shall employ in and about the execution of the Works only such persons as are skilled and experienced in their several trades and the Engineer–in–Charge shall be at liberty to object to and require the contractor to remove from the Works any person employed by the Contractor in or about the execution of the Works who in the opinion of the Engineer–in–Charge misconduct’s himself or is incompetent or negligent in the proper performance of his duties and such person shall not be again employed upon the Works without permission of the Engineer–in–Charge.

22. WORK DURING NIGHT OR ON SUNDAYS AND HOLIDAYS :

Subject to any provisions to the contrary contained in the Contract, none of the permanent works shall be carried out during night or on Sundays or on authorised Holidays without the permission in writing of the Engineer–in–Charge except when the work is unavoidable or absolutely necessary for the safety of life, property of Works in which case the Contractor shall immediately advise the Engineer–in–Charge accordingly.

23. COMPLETION CERTIFICATE :

As soon as the work is completed, the contractor shall give notice of such completion to the Engineer–in–Charge and within a reasonable period of receipt of such notice the Engineer–in–Charge shall inspect the work and shall furnish the Contractor with a certificate of completion indicating (a) the date of completion (b) defects to be rectified by the Contractor and / or (c) items for which payment shall be made at reduced rates. When separate periods of completion have been specified for items or groups of items, the Engineer–in–Charge shall issue separate completion certificates for such item or groups of items. No certificate of completion shall be issued, nor shall the work be considered to be complete till the Contractor shall have removed from the premises on which the work has been executed all scaffolding, sheds and surplus materials, except such as are required for rectification of defects, rubbish and all huts and sanitary arrangements required for his workmen in the site in connection with the execution of the work, as shall have been erected by the contractor or the workmen and cleaned all dirt from the parts of building(s) in upon or about which the work has been executed or of which he may have had possession for the purpose of the execution thereof and cleaned floors, gutters and drains, eased doors and sashes, oiled locks fastening labelled keys clearly and handed them over to the Engineer–in–Charge or his Representative and made the whole premises fit for immediate occupation or use to the satisfaction of the Engineer-in-Charge. If the Contractor shall fail to comply with any of the requirements of this conditions as aforesaid, on or before the date of completion of the works, the Engineer-in-charge may at the expense of the Contractor fulfil such requirements and dispose of the scaffoldings, surplus materials & rubbish etc. as he thinks fit and the Contractor shall have no claim in respect of any such scaffolding or surplus materials except for any sum actually realised by the sale thereof less the cost of fulfilling the requirements and any other amount that may be due from the Contractor. If the expense of fulfilling such requirements is more than the amount realised on such disposal as aforesaid, the Contractor shall forthwith on demand pay such excess to the company.

23.1 After completion of Building in all respect shall be handed over to Client(CAU) through B&R in totality.

24. COMPENSATION FOR DELAY :

If the Contractor fails to maintain the required progress or to complete the work and clear the site on or before the contract or extended date / period of completion he shall, without prejudice to any other right or remedy of the Company on account of such breach, pay as agreed compensation amount calculated as to be stipulated or such smaller amount as be fixed by the authority on the contract value of the work for every week that the progress remains below that specified or that the work remains incomplete.

Page - 46

This will also apply to items or group of items for which separate period of completion has been specified.

For this purpose the term 'Contract-Value' shall be the value at contract rates of the work as ordered.

24.1 Provided always that the total amount of compensation for delay to the paid under this condition shall not exceed the specified limit of the Contract value or of the Contract value of the item or group of items of work for which a separate period of completion is given.

24.2 The amount of compensation may be adjusted or set-off against any sum payable to the Contractor under this or any other contract with the company.

25. DEFECTS LIABILITY PERIOD :

The Contractor shall guarantee and maintain the works for a period of 12(twelve) months after the date of issue of completion certificate by the Engineer–in–Charge, which will be reckoned as Defect Liability/ Maintenance period of the works. The Contractor shall be responsible to make good and remedy at is own expenses within such period as may be stipulated by the Engineer–in–Charge, any defect which may develop or may be noticed before the expiry of Defect Liability/Maintenance period.

26. CONTRACTOR'S LIABILITY & INSURANCE :

From commencement to completion of the Works, the Contractor shall take full responsibility for the case thereof and for taking precautions to prevent loss or damage and to minimise loss or damage to the greatest extent possible and shall be liable for any damage or loss that may happen to the Works or any part thereof and all company's S&P from any cause whatsoever (save and except the Expected Risks) and shall at his own cost repair and make good the same so that at completion, the works and all Company's T&P shall be in good order and condition and in conformity in every respect with requirements of the Contract and instructions of the Engineer–in–Charge.

27. FACILITIES TO OTHER CONTRACTOR :

The Contractor shall, in accordance with the requirements of the Engineer–in–Charge, afford all reasonable facilities to other contractor engaged contemporaneously on separate contracts in connection with the Works and for departmental labour and labour of any other properly authorised authority or statutory body which may be employed at the site on execution of any work not included in the Contract or of any contract which the Company may enter into in connection with or ancillary to the Works.

28. NOTICES TO LOCAL BODIES:

i) The Contractor shall comply with and give all notice required under any Governmental authority, instrument, rule or order made under any Act of Parliament, State laws or any regulation of by laws of any local authority relating to the Works. He shall before making any variation from the Contract drawing necessitated by such compliance give to the Engineer–in–Charge a written notice giving reasons for the proposed variation and obtain the Engineer–in–Charge's instruction therein.

ii) The Contractor shall pay and indemnify the company against any liability in respect of any fees or charges payable under any Act of Parliament, State laws or any Government instrument, rule or order and any regulations or bylaws of any local authority in respect of works.

29. SUB-CONTRACT :

The Contractor shall not sublet any portion of the contract without the prior written approval of the Accepting Authority.

Page - 47

30. INSTRUCTIONS & NOTICES :

i) Subject as otherwise provided in this Contract, all notices to be given on behalf of the Company and all other actions to be taken on its behalf may be given or taken by the Engineer–in–Charge or any officer for the time being entrusted with the functions, duties and powers of the Engineer–in–Charge.

ii) All instructions, notice and communications etc. under the Contract shall be given in writing and if sent by registered post to the last known place of above business of the Contractor shall be deemed to have been served on the date when in the ordinary course of post these would have been delivered to him.

iii) The Contractor or his Agent shall in attendance at the Site(s) during all working hours and shall superintend the execution of the Works with such additional assistance in each trade as the Engineer-in-Charge may consider necessary. Orders given to the Contractor's Agent shall be considered to have the same force as if they had been given to the Contractor himself.

31. FORECLOSURE :

i) If at any time after acceptance of the tender the Company shall decide to abandon or reduce the scope of the Works for any reason whatsoever and hence not require the whole or any part of the Works to be carried out, the Engineer–in–Charge shall give notice to that effect to the Contractor and the Contractor shall have no claim to any payment of compensation or otherwise, whatsoever, on account of any profit or advantage which he might have derived from the execution of the works in full but which he did not derive in consequence of the foreclosure of the whole or part of the Works.

31.1 The Contractor shall be paid at Contract rates full amount for works executed at site and, in addition, a reasonable amount as certified by the Engineer–in–Charge for the item hereunder mentioned which could not be utilised on the work to the full extent because of the foreclosure :

a) Any expenditure incurred on preliminary site work, e.g. temporary access roads, temporary labour huts, staff quarters and site office; storage accommodation and water storage tanks.

b) i) The Company shall have the option the takeover Contractor's materials or any part thereof either brought to site or of which the Contractor is legally bound to accept delivery from suppliers (for incorporation in or incidental to the work ), provided, however, the company shall be bound to take over the materials or such portions thereof as the Contractor does not desire to retain. For materials taken over or to be taken over by the Company, cost of such materials. The cost shall, however, take into account purchase, price, transportation & deterioration or damage which may have been caused to materials whilst in the custody of the Contractor.

ii) For Contractor's materials not retained by the Company reasonable cost of transporting such materials from site to Contractor's permanent stores or to his other Works, whichever is less. If materials are not transported to either of the said places, no cost of transportation shall be payable.

c) If any materials supplied by the Company are rendered surplus, the same except normal wastage shall be returned by the Contractor to the Company at rates not exceeding those at which these were originally issued less allowance for any deterioration of damage which may have been caused whilst the materials were in the custody of the Contractor. In addition, cost of transporting such materials from Site to the Company stores, if so required by the Company.

d) Reasonable compensation for transfer of T&P from site to Contractor's permanent stores or to his other Works, whichever is less. If T&P are not transported to either of the said places, no cost of transportation shall be payable.

31.2 The Contractor shall, if required by the Engineer–in–Charge, furnish to him books of account, wage books, time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this Condition.

Page - 48

32. TERMINATION OF CONTRACT FOR DEATH :

If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies and if the Contractor is a partnership concern and one of the partners dies then unless the Accepting Authority is satisfied that the legal representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of partnership, the surviving partners, are capable of carrying out and completing the Contract, the Accepting Authority shall be entitled to cancel the Contract as to its in completed part without the Company being in any way liable to payment of any compensation to the estate of the deceased Contractor and/or to the surviving partners of the Contractor's firm on account of the cancellation of the Contract. The decision of the Accepting Authority that the legal representatives of the deceased Contractor to the surveying partners of the Contractor's firm cannot carry out and complete the Contract shall be final and binding on the Parties. In the event of such cancellation the Company shall not hold the estate of the deceased Contractor and/or the surviving partners of the Contractors firm liable in damaged for not completing the Contract.

33. CANCELLATION OF CONTRACT :

I) If the Contractor:

a) at any time makes default in proceeding with the works with due diligence and continues to do so after a notice in writing of 7 days from the Engineer–in–Charge. Or

b) Commits default in completing with any of the terms and conditions of the Contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in that behalf by the Engineer–in–Charge. Or,

c) Fails to complete the Works or items of work with individual dates of completion, on or before the date(s) of completion, and does not complete them within the period specified in a notice given in writing in that behalf by the Engineer–in–Charge. Or,

d) Shall offer or give or agree to give to any person in Company's service or to any other person on hisbehalf any gift of consideration of any kind as an inducement or reward for doing or for bearing to do or for having done or forborne to do any act in relation to the obtaining or execution of this or any other Contract for the Company. Or,

e) Shall enter into a Contract with the Company in connection with which omission has been paid or agreed to be paid by him or to his knowledge, unless the particulars of any such commission and the terms of payment thereof have previously been disclosed in writing to the Accepting Authority/ Engineer-in-Charge. Or,

f) Shall obtain a Contract with the Company as a result of ring tendering or other non-bonafied methods of competitive tendering Or,

g) Being an individual, or if firm, any partner thereof, shall at any time be adjudged insolvent or have areceiving order or order for administration of his estate made against him or shall take any proceedings for liquidation or composition (other than a voluntary liquidation for the purpose of amalgamation or reconstruction under any Insolvency Act for the time being in force or make any conveyance or assignment of his effective or composition or arrangement for the benefit of his creditors or purport so to do, or if any application be made under any Insolvency Act for the time being in force for the sequestration of his estate or if a trust deed be executed by him for benefit of his creditors. Or,

h) Being a Company, shall pass a resolution or the Court shall make an order the liquidation of his affairs, or a receiver or manager on behalf of the debenture holders shall be appointed or circumstances shall arise which entitle the Court or debenture holders to appoint a receiver or manager. Or

Page - 49

i) Shall suffer an execution being levied on his goods and allow it to be continued for a period of 21 days. Or

j) Assigns, transfers, sublets (engagement of labour on a piece-work basis or of labour with materials not to be incorporated in the work, shall not be deemed to be subletting) or attempts toassign, transfer or sublet the entire works or any portion thereof without the prior written approval of the Accepting Authority, the Accepting Authority may, without prejudice to any other right to remedy which shall have accrued or shall accrue thereafter to the Company by written notice cancel the Contract as a whole or only such items or work in default from the Contract.

ii) The Accepting Authority shall on such cancellation have powers to:

a) take possession of the Site and any materials constructional plant, implements, stores, etc., thereon and/or

b) carry out the incomplete work by any means at the risk and cost of the Contractor.

iii) On cancellation of the Contract in full or in part the Engineer–in–Charge shall determine what amount, if any, is recoverable from the Contractor for completion of the Works or part of the Works or in case the Works or part of the Works is not to be completed, the loss or damage suffered by the Company. In determining the amount, credit shall be given to the Contractor for the value of the work executed by him up to the time of cancellation, the value of Contractor's materials taken over and incorporated in the work, and use of tackle and machinery belonging to the Contractor.

iv) Any excess expenditure incurred or to be incurred by the Company in completing the works or part of the works or the excess loss or damages suffered or may be suffered by the company as aforesaid after allowing such credit shall be recovered from any money due to the Contractor on any account, and if such money are not sufficient the Contractor shall be called upon in writing to pay the same within 30 days

v) If the Contractor shall fail to pay the required sum within the aforesaid period of 30 days, the Engineer-in-Charge shall have the right to sell any or all of the Contractor's unused materials, constructional plant implements, temporary buildings etc. and apply the proceeds of sale thereof towards the satisfaction of any sums due from the Contractor under the Contract and if thereafter there be any balance outstanding from the Contractor, if shall be recovered in accordance with the provisions of the Contract.

vi) Any sums in excess of the amounts due to the Company and unsold materials, constructional plant, etc. shall be returned to the Contractor, provided always that if cost or anticipated cost of completion by the Company of the Works or part of the Works is less than the amount which the Contractor would have been paid had be completed the Works or part of the Works, such benefit shall not accrue to the Contractor.

34. LIABILITY FOR DAMAGE, DEFECTS OR IMPERFECTIONS AND RECTIFICATION THEREOF :

If the Contractor or his workmen or employees shall injure or destroy any part of the building in which they may be working or any building, road, fence etc. contiguous to the premises on which the work or any part of it is being executed, or if any damage shall happen to the work while in progress the Contractor shall upon receipt of a notice in writing in that behalf make the same good at his own expenses. If it shall appear to the Engineer–in–Charge or his representative at any time during construction or reconstruction or prior to the expiration of the Defects Liability period, that any work has been executed with unsound, imperfect or unskilled workmanship or that any materials or articles provided by the Contractor for execution of the work are unsound or of a quality inferior to that contract for, or otherwise not in accordance with the Contract, or that any defect, shrinkage or other faults have appeared in the work arising out of defective or improper

Page - 50

materials or workmanship, the Contractor shall, upon receipt of a notice in writing in that behalf from the Engineer–in– Charge forthwith rectify or remove and re-construct the work so specified in whole or part as the case may be and/or remove the materials or articles so specified and provide other proper and suitable materials or articles at his own expense, notwithstanding that the same may have been inadvertently passed, certified and paid for and in the event of his failing to do so within the period to be specified by the Engineer–in–Charge in his notice aforesaid, the Engineer–in–Charge may rectify or remove and re-execute the work and/or remove and replace with other materials or articles so specified and provide other proper and suitable materials or articles at his own expense, notwithstanding that the same may have been inadvertently passed, certified and paid for and in the event of his failing to do so within the period to be specified by the Engineer-in-Charge in his notice aforesaid, the Engineer–in– Charge may rectify or remove and re-execute the work and/or remove and replace with other materials or articles complained of, as the case may be, by other means at the risk and expense of the Contractor.

35. URGENT WORKS :

If any Urgent Work ( in respect whereof the decision the Engineer-in-Charge shall be final and binding) becomes necessary and the Contractor is unable or unwilling at once to carry it out, the Engineer-in-Charge may be his own or other work people, carry it out as he may consider necessary. If the Urgent work shall be such as the Contractor is liable under the Contract to carry out at his expense, all expenses incurred on it by the Company shall be recoverable from the Contractor and be adjusted or set off against any sum payable to him.

36. RECORDS & MEASUREMENT :

i) The Engineer–in–Charge shall except as otherwise stated ascertain and determine by measurement the value in accordance with the Contract or work done in accordance therewith.

ii) All items having a financial value shall be entered in Measurement Book, level book etc. prescribed by the Company so that a complete record is obtained of all work performed under the Contract.

iii) Measurement shall be taken jointly by the Engineer–in–Charge or his authorised representative and by the Contractor or his authorised representative.

iv) Before taking measurements of any work the Engineer-in-Charge or the person deputed by him for the purpose shall give a reasonable notice to the Contractor. If the Contractor fails to attend or send an authorised representative for measurement after such a notice or fails to countersign or to record the objection within a week from the date of measurement, then in any such event measurement taken by the Engineer–in–Charge or by the person deputed by him shall be taken to be correct measurements of the work.

v) The Contractor shall, without extra charge provide assistance with every appliance labour, and other things necessary for measurement.

vi) Measurements shall be signed and dated by both parties each day on the site on completion ofmeasurement. If the Contractor objects to any of the measurements recorded on behalf of the Company a note to that effect shall be made in the Measurement Book against the item objected to and such note shall be signed and dated by both parties engaged in taking the measurement.

37. METHODS OF MEASUREMENT :

Except where any general or detailed description of the work in quantities expressly whose to the contrary, Schedule of Quantities shall be deemed to have been prepared and measurements shall be taken in accordance with the procedure set forth in the Schedule of Rates/Specification

Page - 51

notwithstanding any provision in the relevant standard method of Measurement or any general or local custom. In the case of items which are not covered by the Schedule of Rates/Specification measurements shall be taken in accordance with the relevant Standard Method of Measurement issued by the Indian Standard Institution.

38. ON ACCOUNT PAYMENT :

i) Interim bills shall be submitted by the Contractor at intervals as to be specified on or before the date fixed by the Engineer-in-Charge for the work executed. The Engineer-in-Charge shall then arrange to have the bill verified by taking or causing to be taken, where necessary, the requisite measurements of the work.

ii) Payment on account for amount admissible shall be made on the Engineer-in-Charge certifying the sum to which the Contractor is considered entitled by way of interim payment.

iii) Any interim certificate given relating to work done or materials delivered may be modified or corrected by any subsequent interim certificate or by the final certificate. No certificate of the Engineer-in-Charge supporting an interim payment shall of itself be conclusive evidence that any work or materials to which it relates is/are in accordance with the contract.

iv) Pending consideration of extension of date of completion interim payments shall continue to be made as herein provided.

39. FINAL BILL PAYMENT : i) The final bill shall be submitted by the Contractor within three months of physical completion of the

works.

No further claims shall be made by the Contractor after submission of the final bill and these shall be deemed to have been waived and extinguished. Payment of those items of the bill in respect of which there is no dispute and of items in dispute, for quantities and at rates as approved by Engineer-in- Charge, shall be made within the period specified.

ii) After payment of the amount of the final bill payable as aforesaid has been made, the Contractor may, if he so desires, reconsider his position in respect of the disputed portion of the final bill and if he fails to do so within 90 days, his disputed claim shall be dealt with as provided in the Contract.

40. INCOME TAX : Income tax will be deducted by cash at source from contractor's all bills as per Income Tax Act and

Rules framed there under at such rates as may be applicable from time to time.

41. ARBITRATION : B&R confidently feel that there shall not arise any disputes or differences during execution and

completion of the order / Contract by the Contractor(s).

However, in the event of any dispute arising between the Company and the Contractor (hereinafter referred individually as “the Party” and collectively as “the Parties”), concerning the interpretations of any terms and conditions of the Contract and / or contractual obligations / performance / liabilities / responsibilities of the Parties to the said Contract, the disputing Party shall refer the matter to the other Party for holding a mutual discussion for resolving the dispute. In case the Parties fail to arrive to any settlement through mutual discussion, either of the Parties may avail the following remedies :

Page - 52

Resolution of Dispute through Conciliation :-

i) Any party may refer the dispute for Conciliation under Rules of Conciliation and Arbitration under SCOPE Forum of Conciliation and Arbitration (SFCA), 2003 and amendments made thereto from time to time. (hereinafter referred as “the Rules”) by making application to the Secretariat of the SCOPE Forum.

The Party initiating conciliation shall send to the other party a written invitation to conciliate under the Rules, briefly identifying the subject matter of the dispute.

The settlement so rendered between the Parties in pursuance thereof shall be final and binding on the Parties.

If the other party rejects the invitation, there will be no conciliation proceedings at all.

Resolution of Dispute through Arbitration :-

ii) In case the dispute is not settled by conciliation within 30 days of the initiation of conciliation or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by Arbitration, in accordance with the Rules of Arbitration of SCOPE Forum of Conciliation and Arbitration, 2003 and amendments made thereto from time to time.

The entire proceedings of Arbitration shall be governed under the Arbitration and Conciliation Act, 1996.

The venue of Arbitration shall be mutually decided by the Parties. In case the Parties do not agree for resolution of dispute through Conciliation and Arbitration by the above-mentioned SCOPE Forum, the disputing Party shall opt for stipulated rules laid down under the Arbitration and Conciliation Act, 1996.

The Contract and the Parties therein shall be governed under the jurisdiction of Calcutta High Court.

In the event of any dispute or difference relating to the interpretation and application of the provisions of the contracts and commercial agreements (except Income Tax, Customs, Excise duty and also concerning Railways) between company (B&R) and any other Public Sector Undertaking/Government Department/Bank/Port Trust etc., such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary of the Government of India in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may take a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India.

Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary/ Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator.

Subject to any amendment that may be carried out by the Government of India from time to time, the procedure to be followed in the arbitration shall be as mentioned above, which is as per O.M. No. 4(1)/2011-DPE(PMA)GL dated 12.06.2013. of Department of Public Enterprises, Ministry of Heavy Industries and Public Enterprises, Govt. of India or any modification issued in this regard.

42. EXTRA CLAIMS : Notwithstanding anything contained in the Contract, it should be clearly noted that no extra claim

lodged/to be lodged by the Contractor shall be entertained by the Company in pursuant to this

Page - 53

Contract. Nevertheless, if the Contractor insists and raises any extra claim bills, the Company shall pursue with the Owner in good faith, settlement of Rules for Extra items & claims, if raised by the Contractor on the Company and the decision taken by the Owner and the Company shall be binding upon and acceptable to the Contractor corresponding to & relevant with his part of the work. It should also be clearly understood that the pursuing of the Contractor's claim on the Company in good faith with the owner shall not mean under any circumstances, Company's acceptance of the rates of extra items and claims raised by the Contractor on the Company and at no point of time, Contractor's plea that irrespective of the decision taken by the Owner, the rates of extra items & claims shall have to be paid to the Contractor based on his claim stating that the Contract is between the Company and the Contractor having no relationshipwith the owner, shall contractually hold good because the Company have pursued Contractor's bills with the client in good faith only without going through the merit of the same.

43 TAXES & DUTIES : The contractor shall be exclusively responsible for payment of all Taxes, Duties, Royalties, VAT, VAT

on Works Contract, Octroi, Entry Tax (except Service Tax) that may be levied from time to time according to the Laws & Regulation now in force & also hereafter to be imposed, increased or modified from time to time. Nothing will be payable extra by the company in respect of any duties/taxes to be imposed on procurement of materials for execution of works contract.

Service Tax: The Contractor should be registered with Service Tax Authority. The Contractor should not include

Service Tax and Educational cess as applicable in their quoted price. 44. ROYALTY :

Payment of Royalty will be the responsibility of the Contractor within his quoted price every month the Contractor shall submit Royalty paid challan issued by the Competent Authority for Stone chips and Sand purchased by the Contractor and used in the job. It is mandatory for the Contractor to submit to the Company Royalty Certificate from the Mining Department before release of final bill payment due to him.

45. THIRD PARTY INSURANCE : i) Before commencing the execution of the works the Contractor, but without limiting his obligations

and responsibilities under Clause hereof, shall insure against his liability for any material or physical damage, loss or injury which may occur to any property including that of the Employer, or to any person, including that of the Employee of the employer, by or arising out of the execution of the works or in the carrying out of the contract.

ii) Minimum Amount of Third Party Insurance :

Such insurance shall be effected with an insurer and in terms approved by the Company, which approval shall not be unreasonable with-held, and for atleast the amount stated in the sub para (iv) hereunder. The Contractor shall whenever required, produced to the Engineer-in-Charge the policy or policies of insurance and the receipts of payment of the current premiums.

iii) Provision to Indemnify Employer :

The terms shall include a provision whereby, in the event of any claim in any respect of which the Contractor would be entitled to receive indemnity under the policy being brought or made against the Company, the insurer will indemnify the Company against such claims and any cost, charges and expenses in respect thereof.

iv) Amount of Such insurance shall be decided by our Engineer-in-Charge, Whose decision in this regard shall be final & binding upon the Contractor

Page - 54

46.0 INSURANCE :

Before commencing the execution of work, the Contractor shall , without in any way limiting his obligations and liabilities, insure at his own cost and expense against any damage or loss or injury, which may be caused to any person or property, at site of work. The Contractor shall obtain and submit to the B&R, proper Contractor’s All Risk Insurance Policy (CAR) for an amount 1.25 times the contract amount for this work, with Employer as the first beneficiary. The insurance shall be obtained in joint names of Employer and the Contractor (who shall be second beneficiary). Also, he shall indemnify the Employer from any liability during the execution of the work. Further, he shall obtain and submit to the Employer, a third party Insurance Policy for maximum Rs. 2.50 Lac for each accident, with the Employer as the first beneficiary. The Insurance shall be obtained in joint names of Employer and the Contractor (who shall be second beneficiary). The Contractor shall, from time to time, provide documentary evidence as regards payment of premium for all the Insurance Policies for keeping them valid till the completion of the work. The Contractor shall ensure that similar insurance Policies are also taken by his Sub-Contractors / specialized agencies. The Contractor shall however be responsible, to the Employer, for any claim or loss resulting from the failure of his Sub-contractors / specialized agencies in obtaining such Insurance Policies. Without prejudice to any of its obligations and responsibilities specified above, the Contractor shall within 10 days from the date of letter of acceptance / letter of indent of the tender and thereafter at the end of each quarter submit a report to the Employer giving details of the Insurance Policies alongwith Certificate of these Insurance Policies being valid, along documentary evidences as required by the Employer. No work shall be commenced by the Contractor unless he obtains the Insurance Policies as mentioned above. Also, no payment shall be made to the Contractor on expiry of insurance policies unless renewed by the Controctor. Nothing extra shall be payable on this account. No claim of hindrance ( or any other claim) shall be entertained from the Contractor on lhese accounts.

47.0 Discrepancies and Adjustment of Errors

The several documents forming the Contract are to be taken as mutually explanatory of one another, detailed drawings being followed in preference to small scale drawing and figured dimensions in preference to scale and special conditions in preference to General Conditions.

47.1 In the case of discrepancy between the Schedule of Quantities, the Specifications and/or the Drawings, the following order of preference shall be observed:

i) Description of items given in Schedule of Quantities.

ii) Special Conditions.

iii) Drawings.

iv) C.P.W.D. Specifications.

v) Indian Standard Specifications of B.I.S.

vi) Decision of Engineer-in-Charge.

47.2 If there are varying or conflicting provisions made in any one document forming part of the contract, the Accepting Authority shall be the deciding authority with regard to the intention of the document and his decision shall be final and binding on the Contractor.

47.3 Any error in description, quantity or rate in Schedule of Quantities or any omission there from shall not vitiate the Contract or release the Contractor from the execution of the whole or any part of the works comprised therein according to drawings and specifications or from any of his obligations under the contract.

Page - 55

BRIDGE AND ROOF CO. (I) LIMITED

SPECIAL CONDITIONS OF THE CONTRACT:

01 These Special Conditions shall be read in conjunction with other provisions including General Conditions of the Contract and are supplementary to & complementary with each other. However, in the event of any provision of General Conditions are repugnant to or at variance with any provision of Special Conditions, then unless a different intention appears between the two, the provision given in “Special Conditions” shall be deemed to over-ride that provision of General Conditions and shall to the extent of such repugnancy or variation prevail & govern the contract.

02 Company reserves the right to split up the total job according to its own convenience and suitability and to award the job among more than one Tenderer.

03 The entire works entrusted to the Contractor shall be executed by him strictly in accordance with drawings and specifications, procedures etc. of the Owner, as stipulated in the relevant contract between the Company and the Owner, also as per the relevant I.S. Specifications, Standard Engineering Code and Practice etc. as applicable to this case. However, in the event of any contradiction between the specifications approved by the Owner and I.S. Specifications, the former shall prevail and govern.

04. In case, the Contractor fails to procure and supply required quantity of materials in commensurate with scheduled programme to achieve required progress the company at its own discretion may supply to the contractor the materials on chargeable basis, the rates of which will be derived at the landed cost + 10% (ten percent) thereon towards service charge plus service tax as applicable and the same will be recovered from contractor's bills.

05. The rates to be quoted by the techno-commercially recommended bidder in the Schedule of Quantities & Rates (to be issued to the techno-commercially recommended bidder) will be inclusive of the Contractor’s providing all labour, materials, consumables, tools and tackles, testing of samples as well as testing of works as and when required by Company/Owner, manpower and supervision etc. and he shall, therefore, deploy and engage, within the quoted rates all supervisory personnel who have adequate experience on the identical work and who are competent enough to set the work done as per instruction of Engineer-in-charge, all categories of skilled/semi-skilled/unskilled workmen directly or indirectly for the execution or completion of the work in all respect in a perfectly workmanship like manner as per approved specifications, drawings and the time schedule programme of completion.

No subcontracting of any part of work at any point of time is admissible.

06. The Contractor shall within the quoted rates, make his own arrangement for the accommodations of his all workmen, supervisory staff and other persons and their transport to site and back.

07. The Contractor shall construct his own temporary office, stores, etc. by providing all labour, materials etc., at his own cost and shall also demolish and remove these structures making the area perfectly clean as per direction of the Engineer-in-Charge at his own cost.

08. a) No advance on any account shall be payable to the Contractor in pursuant to this Contract except under mentioned

08. b) Mobilization Advance:

Interest bearing (simple interest at the rate of 10% (ten percent) per annum] Mobilization Advance not exceeding 5%(five percent only) of the Contract value may be given, if requested by the Contractor in writing within one month of the order to commence the work. Such advance shall be released in two installments as follows:

Page - 56

2.5% (two point five percent) on submission of Bank Guarantee of 110% of the advance amount from

Scheduled / Nationalized Bank after submission of valid Performance Bank Guarantee of prescribed amount and on posting of Contractor’s Technical Personnel at site of work.

2.5% (two point five percent) on submission of valid Bank Guarantee of 110% of the advance amount from Scheduled / Nationalized Bank and commissioning of Plants & Machineries at site of work.

Recovery of such sums advanced shall be made by the deduction from the Contractor’s bills commencing after first ten percent of the gross value of the work is executed and paid, on pro-rata percentage basis to the gross value of the work billed beyond 10% in such a way that the entire advance is recovered by the time eighty percent of the gross value of the contract is executed and paid, together with interest due on the entire outstanding amount upto the date of recovery of the installment.

08. c) “On Account” payment for the, work done, will be made to the Contractor progressively strictly on the basis of terms of payment given hereunder and on the basis of the measurement mentioned hereunder duly certified by the Engineer-in-Charge against Contractor's monthly running account bill in the manner and stage defined hereinafter and after his signing the measurement books maintained by the Engineer-in-Charge:

Secured Advance

No secured Advance is payable toward any materials and plant & machineries.

Contractor shall raise periodic R/A Bills .Payment of such R/A bills are to be released within 30 (Thirty) days from the date of receipt of the bills by B&R.

Payments due to the Contractor shall be released in the form of RTGS/NEFT in favour of the Contractor payable at Kolkata. Bank charges, if any, to be on Contractor’s account and the Contractor shall submit the following details to the company.

i) Name of the company. ii) Name of Bank.

iii) Name of Bank Branch. iv) City. v) Account Number. vi) Account Type. vii) IFSC Code of the Bank Branch. viii) MICR Code of the Bank Branch.

c) Income Tax will be deducted from the Contractor's all bills by cash at source as per latest Income Tax Act and Rules framed thereunder.

09. a) The Contractor shall mobilize within 15 days from the date of issue of Letter of Intent / Instruction by Engineering-in-charge and strictly and scrupulously adhere to the Schedule/Programme of the works and shall earnestly and diligently endeavour to complete the works under the scope of this contract in all respect within 20 (twenty) months from the date of our instruction to start the work.

Page - 57

b) In case the work could not be completed within the above schedule date due to reasons attributable to the Contactor, the Contractor shall pay to the Company as compensation for delay an amount equal to 0.5% (Zero point five percent) of the original contract value or enlarged contract value per month of delay subject to a maximum of 5% (Five percent) of original contract value or enlarged contract value of the project.

10. The Company shall have the right to take possession of or use of any completed or partially completed work or part of the works. Such possession or use shall not be deemed to be an acceptance of any work completed in accordance with the Contract.

11. The rates/price quoted by the Contractor shall remain firm and shall not attract any escalation due to labour wages and/or materials price in pursuant to this contract.

12. The Contractor shall follow and adhere to safe construction practice and guard against hazardous and unsafe working conditions and shall, within the quoted rates, comply with the Owner's safety rules, Code and Practice etc. as prevalent at site, of work. All safety device instrument and accessories etc. and precautionary measures shall be arranged and provided by the Contractor at his own cost.

13. Completion Certificate will be issued to the Contractor within a reasonable time from the date of overall completion of works, in all respect after the same would be passed and approved by the Owner. No certificate shall be given nor shall the works be deemed to have been executed until all scaffoldings, surplus materials and rubbish are cleaned off the site completely, not until the work shall have been measured by the Engineers.

14. The Contractor shall guarantee the works done by him for a period of 12 (twelve) months from the date of issue of overall completion certificate. Any damage of defects that may arise during the same Guarantee Period (Defect liability Period) or be remained undiscovered at the time of issue of completion certificate ate and are attributable to the contractor’s reasons connected anyway with the materials supplied by the Contractor or in the workmanship shall be rectified or replaced by the Contractor at his own cost and risks within and specified time to be notified by the Engineer-in-Charge.

15. Make Of Materials:

The materials required to be supplied by the Contractor under this contract shall be procured only from Owner/Consultant approved vendors. Where the makes of materials are not indicated in the tender document, Contractor shall furnish the details of makes and shall obtain prior approval of Vendors/Sub-vendors from Engineer-in-Charge before placing order.

16. Notwithstanding anything contained in the Contract it should be clearly noted that no extra claim lodged/to be lodged by the Contractor shall be entertained by the Company in pursuant to this Contract. Nevertheless, if the contractor insists and raises any extra claim bills, the Company shall pursue with the Owner in good faith, settlement of rates for Extra Item and Claims, if raised by the Contractor on the Company and the decision taken by the Owner and the Company shall be binding upon and acceptable to the Contractor corresponding to and relevant with his part of the work. It should also be clearly understood that the pursuing of the Contractor's claim on the Company in good faith with the Owner shall not mean under any circumstances, Company's acceptance of the rates of extra items and claims raised by the Contractor on the Company and at no point of time, Contractor's plea that irrespective of the decision taken by the Owner, the rates of extra items and claims shall have to be paid to the Contractor based on his claim stating that the Contract is between the Company and the Contractor having no relationship with the Owner, shall contractually hold good because the Company have pursued Contractor's bills with the client in good faith only without going through the merit of the same.

Page - 58

For extra items rates are to be desired from analysis of costs an inputs and direct market rate documents are to be provided by the contractor. The rates finally accepted by client / owner shall be binding on the contracting but B&R shall retain 50% (fifty percent) of the component of over head and profit finally settled with client/owner & remaining part shall be passed on to the contractor for his portion of works.

17.0 Contractor shall arrange labour hutments including land / area at their own cost and such cost should be included in their quoted rates. However, site office suitable to accommodate technical & clerical staff for site meeting & site office for Employer shall be provided by Contractor within the space available at no extra cost to the Employer.

Site Office for the Employer

The Contractor will provide the following temporary furnished accommodation including Electricity & Water connection for Engineer and his staff, at the site of work within their quoted Price.

01 room of size 12' x 14' with IPS flooring, CGI sheet roof & False Ceiling.

Aqua Guard (Drinking water)

Sufficient lights and plug points.

Fan (2 nos.).

2(two) tables of 3’ x 5' size with 4 (Two) caned steel chairs & 1(one) Steel Almirah with 4 Shelves.

Two Nos Desktop Computer (Intel I5 processor or equivalent) with A4/A3 LaserJet Printer, UPS etc.

01(one) No. Vehicle (Brand New) Four Wheel drive Scorpio DX vehicle or equivalent with Driver and accessories. Monthly running shall be restricted to 3000 Kms. Cost of fuel and Lubricant, maintenance shall be borne by the contractor.

On expiry of maintenance period, the Site office shall be dismantled and site cleared unless the Employer directs otherwise. The furniture & others utilities will be returned to the Contractor at whatever condition they are, on expiry of maintenance period / Defect Liability Period.

18.0 WATER & ELECTRICITY :

Bidder shall make his own arrangement for water and electrical power for construction and other

purposes at his own cost and pay requisite electricity and water charges. Bidder shall also make standby arrangement for water and electricity to ensure uninterrupted supply. Necessary assistance for liaisoning with the concerned authority will be provided by B&R/CAU for obtaining water / electricity connection.

All incidental expenditure including Environmental & Pollution Clearance Charges etc. if any in

respect of this contract shall be arranged & paid by the Contractor within their quoted rate and B&R/CAU-Imphal will not entertain any claim whatsoever in respect of the same.

19.0 VAT on Works Contract (WCT) Without prejudice to stipulation in General Condition of Contract, the quoted price shall be inclusive of

VAT except Service Tax & Swachh Bharat Cess(SBC).

In this works, as transfer of property of goods is involved, Works Contract Tax(WCT) under respective State(s) ( Meghalaya / Arunachal Pradesh, Sikkim / Tripura ) VAT Act as applicable shall be included in the quoted price by the bidder. The bidder shall get registered with the respective State(s) VAT authorities and the registration certificate shall be forwarded to B&R immediately after commencement of work. In case the bidder had already registered under respective State(s) VAT, they must quote their registration Number and forward copy of Registration certificate while submitting this tender. Deduction

Page - 59

of VAT at source would be enforced from the running bills at the rates prescribed unless exemption certificate is produced from the concerned authorities. Tax Invoice if required under the relevant State VAT Law shall be submitted alongwith other compliances as per respective State VAT Act.The bidder has to obtain VAT clearance certificate from the concerned authorities, for the completed project, and submit alongwith the final bill as one of the document for contract closure. B&R would not issue any concessional forms, way bill etc. except WCT-TDS Certificate.

Service Tax: Unit rates / Lumpsum prices in the Schedule of Rates shall be exclusive of Service Tax & SBC. The above contract would come under the category of works contract service. As per Rule 2A(ii) of

Service Tax (Determination of Value) Rules, 2006 [as amended w.e.f. 01.07.2012] Service Tax shall be paid to the bidder as applicable rate (present rate 14.5% including Swachh Bharat Cess) on 40% of the total amount charged for the works contract. But bidder shall submit the tax payment documents to B&R as a proof of deposit before submission of next bill.

The bidder shall obtain prior approval of B&R before billing. The bidder shall issue invoice complying with Rule 4A of the Service Tax Rules 1994. The invoice shall indicate the name, address and registration number (PAN based STC No.) of Bidder and the name, address & the registration number of B&R; the description and value of taxable service provided, and the service tax payable thereon by the bidder.

Bidder shall furnish proof of Service Tax Registration (ST-2) with Central Excise Division covering the services.

Other Taxes & Levies

Any other taxes and duties (except Service Tax & SBC) viz. Excise Duty, Entry Tax, Octroi, Seigniorage, Licenses, Deposits, Royalty, Stamp Duty, other charges/levies, etc. prevailing / applicable on the date of opening of technical bids and any variation thereof during the tenure of the contract are in the scope of bidder. In case B&R is forced to pay any such taxes, B&R shall have the right to recover the same form the bidder either from running bills or otherwise as deemed fit.

New Levies / Taxes

In case Government imposes any new levy / tax after award of the work during the tenure of the contract, B&R shall reimburse the same at actual on submission of documentary proof of payment subject to the satisfaction of B&R that such new levy/tax is applicable to this contract.

Labour Cess Payment of labour cess is within the scope of the contractor and shall be included in their quoted rates.

Page - 60

ANNEXURE-G

Technical Specifications

ALL MATERIALS REQUIRED FOR THE ENTIRE WORK, TO BE SUPPLIED BY THE CONTRACTOR SHALL BE IN CONFORMITY WITH THE CPWD SPECIFICATIONS

(LATEST REVISION)

Page - 61

ANNEXURE-H

DRAWINGS

Drawings & Layout Plan, if any, may be provided alongwith Price Part to Techno-commercially Recommended / Qualified Bidder of respective Package(s)

Page - 62

SCHEDULE – A

WORKING EXPERIENCE

LIST OF BUILDING WORKS IN PROGRESS

Name of Employer

Name of location and

name of work

Contract price in Indian

Rupees/ Agreement

No.

Major Items of works

Date of starting the work as per Agreement

Stipulated date of completion of the work as per

Agreement

Revised target date of

completion of the work, if

any

Reasons for slow progress, if any, with the updated

billing amount

1 2 3 4 5 6 7 8

Note: The above information is to be certified by the Engineer in Charge / Employer not below the rank of Executive Engineer.

Signature of the Tenderer

Date…………………….

Page - 63

SCHEUDLE – B CERTIFICATE OF TOOLS AND PLANTS FOR EACH PACKAGE

I/We hereby certify that the following tools and plants, machineries and vehicles are to be deployed to the work for individual Package.

Sl. No.

Equipments Minimum Nos. to be deployed

Owned LEASED (in case of lease)

1 Concrete Mixer ( 10/7 cft) Electrical / Diesel operated )

2 Nos.

2 Bar Cutting machine and Bar Bending machine ( 6mm to 32mm )

2 Nos each.

3 Concrete Vibrator: -Needle type. 4 Nos 4 Water Tanker. 1 No. 5 De-watering Pump ( 5HP) 1 No. 6 De-watering Pump ( 10HP) As required 7 Welding Machine 1 No. 8 Water Pump ( Lift – 20 Ltr / min) 1 No. 9 Tipper / Dumper 1 No.

10 Excavator cum Loader 1 No. 11 Truck / Tractor As required 12 Compressor As required 13 Earth Rammer 2 Nos 14 Total Station 1 No. 15 Auto Level with Stand & Aluminum Staff 2 Nos 16 Laboratory Equipment As per Schedule - I 17 Cube Mould 24 Nos 18 Cube Testing Machine 1 Set 19 MS Pipes / Steel Scaffoldings As required 20 Ply / Steel Shuttering As required

I/We also note that, non-submission of this certificate will render my/our tender liable for rejection. Note: - Proposed minimum Nos to be deployed is indicative only. Additional Plants & Equipments as may be required to complete the entire work within Schedule

completion period shall be arranged by the bidder / contractor with no extra cost. Date : Signature of the Tenderer

Page - 64

SCHEUDLE – C

WORKING EXPERIENCE LIST OF BUILDING WORKS EXECUTED

Name of

Employer

Name of location

and name of

work

Contract price

in Indian Rupees/

Agreement no.

Major Items

of works

Date of starting the work as per Agreement

Stipulated date of completion of the work as per

Agreement

Actual date of

completion of the work

Reasons for delay in starting/

completion, if any

1 2 3 4 5 6 7 8

Note: The above information is to be certified by the Engineer in Charge / Employer not below the rank of Executive Engineer. Date : Signature of the Tenderer

Page - 65

SCHEDULE – D

INFORMATION REGARDING CURRENT LITIGATION, DEBARRING EXPELLING OF TENDERER OR ABANDONMENT OF WORK BY THE TENDERER

01) a) Is the tenderer currently involved in any litigation

relating to the works. Yes / No.

b) If yes: - give details.

02) Has the tenderer or any of its constituent partners been debarred / expelled by any agency in India during the last 5 years.

Yes / No.

03) a) Has the tenderer or any of its constituent partners

failed to perform on any contract work in India during the last 5 years.

Yes / No.

b) If yes: - give details.

Note: If any information in this schedule is found to be incorrect or concealed, qualification application will summarily be rejected. Date : Signature of the Tenderer

Page - 66

SCHEDULE – E

(To be printed on a 120 rupee NJ stamp paper)

AFFIDAVIT

1. The undersigned do hereby certify that all the statements made in the required attachments are true and correct.

2. The undersigned also hereby certifies that neither my / our firm / company / individuals___________________________________________________________ nor any of its constituent partners have abandoned any road/ bridge/Irrigation /Buildings or other project work in India nor any contract awarded to us for such works have been rescinded during the last five years prior to the date of this bid.

3. The undersigned hereby authorize(s) and request(s) any bank, person, firm or Corporation to furnish pertinent information as deemed necessary and as requested by B&R to verify this statement or regarding my (our) competency and general reputation.

4. The undersigned understands and agrees that further qualifying information may be requested and agree to furnish any such information at the request of B&R.

5. The undersigned undertake that in case of any information furnished by me found to be incorrect, fake, false, fabricated, forged, the B&R has right to reject the Bid.

(Signature of Tenderer)

Title of Officer

Name of Firm

Date: -

Page - 67

SCHEDULE – F

TECHNICAL PERSONNEL

[ Requirement of Principal Technical Representative(s) and recovery Rate] For Each Package

Sl. No.

Minimum Qualification

Discipline of Technical Representative

Discipline Designation (Principal Technical/

Technical representative)

Minimum Experience

Number to be deployed

1. Graduate Engineer / Diploma Engineer

Civil Project Engineer-In-Charge 8 / 12 years 1

2. Graduate Engineer / Diploma Engineer

Civil (Execution)

Execution Engineer 6 / 8 years 1

3. Diploma Engineer / Supervisor

Civil Quality Control Engineer 5 / 6 years 1


Electrical Electrical Engineer 6 / 8 years 1


Safety Civil / Diploma in Safety 4/ 5 years 1

Signature of the Tenderer.

Page - 68

SCHEDULE – G

DECLARATION CONFIRMING KNOWLEDGE ABOUT SITE CONDITIONS [ To be typed and submitted in the Letter Head of the Company / Firm of Bidder )

To, (Write Name & Address of Officer of B&R inviting the Tender) Dear Sir, Sub. : Declaration confirming Knowledge about Site Conditions Ref. : 1) NIT / Tender Specification No. : …………………………

2) All other pertinent issues till date I/We, ……………………………………. Hereby declare and confirm that we have visited the Project Site as referred in B&R Tender Specifications and acquired full knowledge and information about the Site conditions including Wage structure, Industrial Climate, the Law & Order and other conditions prevalent al and around the Site. We further confirm that the above information is true and correct and we shall not raise any claim of any nature due to lack of knowledge of Site Conditions. I/We, hereby offer to carry out work as detailed in above mentioned Tender Specification, in accordance with Terms & Conditions thereof. Yours faithfully,

(Signature, Date & Seal of Authorised Representation of the Bidder)

Date : Place :

Page - 69

SCHEDULE – H

FORM OF PERFORMANCE BANK GUARANTEE (PBG) IN LIEU OF SECURITY DEPOSIT (To be executed on Non-Judicial Stamp Paper of Appropriate Value)

1. In consideration of the Employer (hereinafter called “The Employer”) having offered to accept the terms and

conditions of the proposed agreement between and________________ (hereinafter called “the said Contractor(s)”) for the work ___________________________ (hereinafter called “the said agreement”) having agreed to production of a irrevocable Bank Guarantee for Rs.__________________ (Rupees ___________________________________________ only) as a security/guarantee from the Contractor(s) for compliance of his obligations in accordance with the terms and condition in the said agreement.

We, ____________________________ (hereinafter referred as “the Bank”) hereby undertake to (indicate the name of the Bank) pay to the Employer an amount not exceeding Rs. ____________________ (Rupees _____________ only) on demand by the Employer.

2. We, _____________________________ do hereby undertake to pay the amounts due and (indicate the name of the Bank)

payable under this guarantee without any demure, merely on a demand from the Employer stating that the amount claimed is required to meet the recoveries due or likely to be due from the said Contractor(s). Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this Guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. __________________ (Rupees _________________________________________ only).

3. We, the said bank further undertake to pay the Employer unconditionally any money so demanded notwithstanding any dispute or disputes raised by the Contractor(s) in any suit or proceeding pending before any court or Tribunal or Arbitration or before any other authority relating thereto, our liability under this present being absolute and unequivocal.

The payment under this Guarantee so made by us under this bond shall be a valid discharge of our liability for payment there under and the Contractor(s) shall have no claim against us for making such payment.

4. We, ______________________________ further agree that the guarantee herein contained shall (indicate the name of the Bank) remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Employer under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till Engineer -in-Charge on behalf of the Employer certified that the terms and conditions of the said agreement have been fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee.

5. We, ____________________________ further agree with the Employer that the Employer shall (indicate the name of the Bank) have the fullest liberty without our consent and without affecting in any manner our obligation hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said Contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Employer against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act of omission on the part of the Employer or any indulgence by the Employer to the said Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

Page - 70

This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s). 6. It shall not be necessary for the Company to proceed against the contractor before proceeding against the

Guarantor bank and the Guarantee herein contained shall be enforceable against them notwithstanding any security, which the Company may have obtained or obtain from the contractor shall at the time when proceedings are taken against the guarantor hereunder be outstanding or unrealized.

7. The guarantor hereby declare that it has power to execute this guarantee and the executants has shall powers to do so on its behalf under the proper authority granted to him/them by the guarantor.

8. We, ________________________ lastly undertake not to revoke this guarantee except with the (indicate the name of the Bank) previous consent of the Employer in writing.

9. This guarantee shall be valid upto __________________ unless extended on demand by the Employer. Notwithstanding anything mentioned above, our liability against this guarantee is restricted to Rs. ____________ (Rupees ________________________ only) and unless a claim in writing is lodged with us within six months of the date of expiry or the extended date of expiry of this guarantee all our liabilities under this guarantee shall stand discharged.

Dated the __________ day of ____________ for ____________ (indicate the name of the Bank).

Page - 71

SCHEDULE – I

LIST OF LAB EQUIPMENT for Each Package(s)

The site of work shall have a laboratory equipped with the following equipment: a) Balances:-

i) 7 kg to 10 kg capacity, semi self-indicating type- accurate to 10 gm

ii) 500 gm capacity, semi self-indicating type- accurate to 1 gm.

iii) Pan balance type- 5 kg – Accurate to 10 gm.

b) Oven: -- Electrically operated, thermostatically controlled up to 110C -sensitivity 1 cc.

1. Sieves: as per IS: 460

i) IS Sieve – 450 mm internal dia of sizes 100mm, 80mm, 63mm, 50mm, 40mm, 25mm, 20mm, 12.5mm, 10mm, 6.3mm, 4.75mm, complete with lid and pan.

ii) IS Sieves – 200mm internal dia (brass frame) consisting of 2.36mm, 1.18mm, 500 microns, 425 microns, 300 microns, 212 microns, 150 microns, 90 microns, 75 microns with lid and pan.

2. Sieve shaker capable of 200 mm and 300mm dia sieves, manually operated with timing switch assembly.

3. Equipment for slump test-slump cone, steel plate, temping rod, steel scale, scoop.

4. Dial gauges 25mm travel – 0.01 mm/division least count – 2 Nos.

5. 100 tones compression testing machine, electrical–cum-manually operated. 6. 15 cm moulds for concrete cubes - 24 Nos.

7. Other instruments like steel tapes –3m, vernier calipers, a good quality plumb bob, spirit level minimum

30 cm long with 3 bubbles for horizontal vertical, wire gauge (circular type) disc, foot rule, long nylon thread, magnifying glass, screw driver 30 cms long, ball pin hammer 100 gms, plastic bags for taking samples etc.

All the equipment listed above and in addition to above, as required for the work shall also be kept.

Page - 72

SCHEDULE – J (To be printed on a 120 rupee NJ stamp paper)

AFFIDAVIT CUM DECLARATION

I, ………………, S/O………………….., residing at ……………………., by age…………….., by domicile Indian, under the capacity of Sole Proprietor /Partner/Authorised Representative/Constituted Attorney/Karta (choose the correct option) of ……………ABC………………, (full name of MSME/NSIC/SSI) hereby solemnly declare and affirm as follows: 1. That ABC is a Micro/Small/Medium Enterprise (choose the correct option) and is registered under the Micro, Small and Medium

Enterprises Development Act, 2006(hereinafter referred to as the MSMED Act) /National Small Industries Corporation (NSIC) / SSI and has its registered office at ………………………

2. That ABC avails all benefits under the said Act or NSIC as applicable and complies with all statutory formalities from time to time and has never been in default in this regard. (State the correct status of MSME mentioning stage of Part I and Part II in case the registration of MSME is in process as per relevant Act or registration under NSIC as applicable)

3. That ABC, being a Micro/Small/Medium Enterprise under MSMED Act, 2006 or Small Scale Industry or Enterprise registered under NSIC is entitled to claim exemption from deposit of Tender Fee and Earnest Money for the Tender put under notice by Bridge & Roof Co.(I) Limited, having their office at 2/1 Russel Street, Kolkata- 700071 (hereinafter referred to as the Company/B&R) i.e. : Tender No............................ for …………………….(name of the Project)

4. That all documents of Bid submitted by ABC before the Company/B&R related to their registration, business activities, credentials and expertise are copies of original certificates and/or documents obtained on production of valid documents and facts.

5. That all the above representation and information disclosed in para 1 to 4 are correct and true to my knowledge and nothing material has been concealed. In case any documents or information are found to be false or forged, the bid submitted by ABC or any Job Order awarded to ABC shall be liable to cancelled by B&R and ABC shall be liable to indemnify B&R against the risk, cost and damage which the latter may suffer due to such acts of ABC.

IN WITNESS WHEREOF, I, …………………. of ABC HEREBY AFFIRM THIS AFFIDAVIT CUM DECLARATION ON THIS ………. DAY OF …………….. ______________________ (Name) Authorised Representative (DEPONENT)

VERIFICATION I, the above named Deponent do hereby verify that the contents of the above Affidavit cum Declaration are true and correct to my knowledge & belief and no part of it is false. Nothing material has been concealed there from. Verified at Kolkata on this the day of , ……………. ______________________

(Name) Authorised Representative

(DEPONENT)

( Signature of Notary Public)

Page - 73

SCHEDULE – K

BANK GUARANTEE FOR MOBILIZATION ADVANCE (To be executed on Non-Judicial Stamp paper of Rs. 100/-).

Page No. 1 of 2 This DEED of GUARANTEE is MADE this ...... day of ………2016 between ............. having Head Office at (...............) (hereinafter called "The Bank" which expression shall, where the context so admits include its successors and permitted assign) of the one part & the BRIDGE & ROOF CO.(INDIA).LTD., having its Registered Office at ........................ (hereinafter called Company which expression shall, where the context so admits include its successor & permitted assign ) of the other part. 1. WHEREAS …………........ Bearing Registration No...................... and having Registered Office at

…............. ……………………………………. (herein after called "The said Contractor" which expression shall, where the context so admits shall include the successors and permitted assigns) having been placed a Work-Order No/LOI No ............................ for the work of ………………………….......... (hereinafter called "The said Contract").

2. WHEREAS in accordance with the condition of the Clause No.: ... …………………. of "The said Contract", "The Company" has agreed to make an advance payment to "The said Contractor" of Rs................ under "the said Contract" on submission by "The said Contractor of the Bank Guarantee for Rs. ........ from a Schedule "A" Bank in a Proforma duly approved by the Company". AND WHEREAS in accordance with the conditions of the said Contract the Bank have, at the request of The said Contractor" agreed to give their guarantee and "The Company" have agreed to accept the said Bank Guarantee for the aforesaid sum.

NOW THESE PRESENTS WITNESSETH AS FOLLOWS: In consideration of "The Company" having agreed to make advance Payment to "The said Contractor" of Rs........................ as per terms and conditions contained in "The said Contract" on production of a Bank Guarantee for Rs..................... (Rupees ......................... only).

a) We, "The Bank" do hereby undertake to pay to "The Company" an amount not exceeding Rs. ……….... against any loss or damage or nonpayment caused to or suffered or would be caused to or suffered by "The Company" by reason of any breach by "The said Contractor" of any of the terms & conditions contained in "The said Contract".

b) We, Bank, do hereby undertake to pay to "The Company" the amounts due and payable under this guarantee without any demur and without requiring "The Company" to invoke any legal action against the Bank, merely on a demand from "The Company" stating that amount claimed is due by way of loss or damage caused to or suffered or would be caused to or suffered by "The Company" by reason of any breach by "the said Contractor any of the terms & conditions contained in the Said Contract" or by reason of the said Contractor's failure to perform the said Contract. Any such demand on "The Bank" shall be conclusive as regard the amount due and payable by the Bank under this guarantee. However, our(The Bank) liability under this guarantee shall be restricted to an amount not exceeding Rs............ .

Page No. 2 of 2

Page - 74

c) We, "The Bank", further agree that the guarantee herein contained shall remain in full force & effect during the period that would be taken for the performance of "The said Contract" and that it shall continue to be enforceable till all the dues of "The Company" under or by virtue of "The said Contract" has been fully paid & its claims satisfied or discharged or till "The Company" certified that the terms & conditions of "The said Contract" have been fully and properly carried out by "The said Contractor" and accordingly discharges the guarantee. However, our guarantee shall remain in full force and effect till ........ Unless a demand or claim under this guarantee is made on us within ........... months from that date i.e., on or before ......, we shall be relieved & discharged from all liability under this guarantee thereafter.

d) We, "The Bank", further agree with "The Company" that "The Company" shall have fullest liberty without our consent and without affecting in any manner our obligation hereunder to vary any of the terms and conditions of "The said Contract" or to extend time of performance by "The said Contractor" from time to time or to postpone for any time or from time to time any of the powers exercisable by "The Company" against "The said Contractor" and to forbear or enforce any of the terms and conditions relating to "The said Contract" and we shall not be relieved from our liability by reason of any such variation, or extension being granted to "The said Contractor" or for any forbearance, act or omission on the part of the "The Company" or any indulgence by "The Company" to "The said Contractor" or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us.

e) We, "The Bank", further agree that the right of "The Company" to recover from us the said sum of Rs............ in the manner aforesaid shall not be affected or suspended by reason of the fact any dispute or disputes are pending before any Office, tribunal or Court.

f) The Guarantee herein contained shall not be determined or affected by the liquidation or winding up, dissolution or change of constitution or insolvence of "The said Contractor" or "The Bank" but shall in all respect and for all purposes be binding and operative until all money due to "The Company" in respect of such liabilities is paid.

g) We, "The Bank", lastly undertake not to revoke this guarantee during its currency except with the previous consent of "The Company" in writing.

Dated the day of , 200 For BANK

Page - 75

SCHEDULE – L

BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT.

BG NO.: ____________________ DATED : ___________________

VALID UPTO : _______________ To , Bridge and Roof Co. (I) Limited, Dear Sirs, In consideration of Bridge and Roof Co. (I) Limited (hereinafter called " B&R" which expression shall include its successors and assigns), having agreed inter-alia to consider the tender of ( Name of the Tenderer) having its Head Office/Registered Office at ( _______________ Address of Tenderer_______________) ( hereafter called the "Tenderer" which expression shall include its successors and assigns), for the work of _________________________ __________________________________________________ according to Tender No. _________________________ upon the Tenderer furnishing a Bank Guarantee with all undertaking from the Bank as hereinafter appearing in lieu of cash deposit of the Earnest Money.We ________________(Name of the Bank) a Bank constituted / Registered under the____________________. Act ,having our head Office / Registered Office at ________________________________________(hereinafter called the"Bank" which expression shall include Its successors and assigns), at the request of the Tenderer and with the intent to bind the Bank and its successors and assigns do hereby unconditionally and irrevocably undertake to pay the B&R at Kolkata forthwith on first demand without protest or demur or proof or satisfaction or condition and without reference to the Tenderer, all sums payable by the Tenderer as and by way of Earnest Money to B&R, up to an aggregate limit of Rs. __________________ (Rupees __________________)AND THE BANK DOTH HEREBY FURTHER AGREE AS FOLLOWS: 1. This Guarantee / Undertaking shall be a continuing guarantee and shall remain in full force and effect for all claims or demands made by the B&R on the Bank untill the B&R discharges this Guarantee/Undertaking subject, however, that the B&R shall have no claims under this Guarantee/Undertaking after the midnight of ______ 20____ or any written extension(s) thereof. PROVIDED that if the aforesaid work tendered for or any part thereof shall be awarded to the Tenderer on or before the said date, whether on the basis of accompanying tender or any other basis, then the validity of this guarantee/undertaking shall stand automatically Extended for all claims and demands made by the B&R for further three months. 2. The B&R shall have the fullest liberty without reference to the Bank and without affecting in any way the liability of the Bank under this Guarantee/Undertaking at any time and/or from time to time to postpone and/or vary any of the powers, rights, and obligations exercisable by the B&R against the Tenderer and either to enforce or to forbear from enforcing ail or any of the terms and conditions of or governing the said Tender and/or any contract consequent upon any award of work or the said Earnest Money Deposit or the securities available to the B&R or any of them and the Bank shall not be released from Its liability under these Presents end the liability of the Bank hereunder shall remain in Full force and effect notwithstanding any exercise by the B&R of the liberty with reference to any of all the matters aforesaid or by reason or any other act, matter or thing whatsoever which under law relating to the sureties or otherwise which could, but for this provision have the effect of releasing the Bank from all or any of its obligations hereunder or any part thereof, and the Bank Specifically waives any and all contrary rights whatsoever.

Contd. – P/2

Page - 76

Page – 2

3. It shall not be necessary for the B&R to proceed against the Tenderer before proceeding against the Bank and the Guarantee/Undertaking herein contained shall be enforceable against the Bank as principal debtor notwithstanding the (existence of any other undertaking or security for any indebtedness of the Tenderer to the B&R and notwithstanding that any such security shall at the time when claim is made against the Bank or proceedings taken against the Bank hereunder, be outstanding or unrealized. 4. The amount stated by the B&R in any demand, claim or notice made with reference to this guarantee shall as between the Bank and the B&R for the purpose of these Presents is conclusive of the amount payable by the Bank to the B&R hereunder. 5. The liability of the Bank to the B&R under this Guarantee/Undertaking shall remain in full force and effect notwithstanding the existence of any difference or dispute between the Tenderer and the B&R, the Tenderer and the Bank and/or the Bank and the B&R or otherwise howsoever touching these Presents or the liability of the Tenderer to the B&R, and notwithstanding the existence of any instructions or purported instructions by the Tenderer or any other person to the Bank not to pay or for any cause withhold or defer payment to the B&R under these Presents, with the intent that notwithstanding the existing of such difference dispute or instructions, the Bank shall be and remain liable to make payment to the B&R in terms thereof. 6. This Guarantee/Undertaking shall not be determined or affected by the liquidation or winding up or dissolution or change of constitution or insolvency of the Tenderer or any change in the legal constitution of the Bank or the B&R. 7. Without prejudice to any other mode of service, a demand or claim or other communication may be transmitted by the B&R to the Bank either by post or by fax, if transmitted by fax, the transmission shall be complete as soon as acknowledged by Bank. 8. Notwithstanding anything contained herein: i) The Bank’s liability under this guarantee / undertaking shall not exceed (Amount in figures & words); ii) This guarantee / undertaking shall remain in force up to ___________and any extension(s) therefore; and iii) The Bank shall be released and discharged from all liability under this guarantee / undertaking unless a written claim or demand is issued to the Bank on or before __________or the date of expiry of any extension(s) thereof if this guarantee / undertaking has been extended. The Bank doth hereby declare that Shri ______________________who is authorized to sign this Guarantee / Undertaking on behalf of the Bank and to bind the Bank thereby. This _______________day of _______20______ Yours faithfully,

Signature : ______________________________

Name & Designation : _____________________

Name of the Branch : ______________________

Page - 77

SCHEDULE –M

INTEGRITY PACT

Between M/s. BRIDGE & ROOF CO. (I) LTD. (B&R), a company registered under the Companies Act 1956 and having its registered office at Kankaria Centre, 4th & 5th Floor, 2/1, Russel Street, Kolkata – 700071 hereinafter referred to as “The Principal”, which expression unless repugnant to the context or meaning hereof shall include its successors or assigns of the ONE PART

and

………………………………………………………………………………………………., hereinafter referred to as “The Bidder/ Contractor” which expression unless repugnant to the context or meaning hereof shall include its successors or assigns of the OTHER PART

Preamble The Principal intends to award, under laid-down organizational procedures, contract/s for …………………………………………………………………………….. (Name of Work). Tender Document No. ………………………………………………….). The Principal values full compliance with all relevant laws of the land, rules and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder(s)/ Contractor(s). In order to achieve these goals, the Principal will appoint Independent External Monitor(s), who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above. Section 1 – Commitments of the Principal 1.1 The Principal commits itself to take all measures necessary to prevent corruption and to observe the

following principles:- 1.1.1 No employee of the Principal, personally or through family members, will in connection with the

tender for, or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to.

1.1.2 The Principal will, during the tender process treat all Bidder(s) with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential / additional information through which the Bidder(s) could obtain an advantage in relation to the tender process or the contract execution.

1.1.3 The Principal will exclude from the process all known prejudiced persons. 1.2 If the Principal obtains information on the conduct of any of its employees which is a penal offence under

the Indian Penal Code 1860 and Prevention of Corruption Act 1988 or any other statutory penal enactment, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2 – Commitments of the Bidder(s)/ Contractor(s) 2.1 The Bidder(s)/ Contractor(s) commit himself to take all measures necessary to prevent corruption. He

commits himself to observe the following principles during his participation in the tender process and during the contract execution.

Page - 78

2.1.1 The Bidder(s)/ Contractor(s) will not, directly or through any other person or firm, offer, promise or give to the Principal or to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material, immaterial or any other benefit which he / she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

2.1.2 The Bidder(s)/ Contractor(s) will not enter with other Bidder(s) into any illegal or undisclosed agreement or

understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelization in the bidding process.

2.1.3 The Bidder(s)/ Contractor(s) will not commit any penal offence under the relevant IPC/ PC Act; further the

Bidder(s)/ Contractor(s) will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

2.1.4 The Bidder(s)/ Contractor(s) will, when presenting his bid, disclose any and all payments he has made, and is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

2.2 The Bidder(s)/ Contractor(s) will not instigate third persons to commit offences outlined above or be an

accessory to such offences. Section 3 – Disqualification from tender process and exclusion from future contracts If the Bidder(s)/ Contractor(s), before award or during execution has committed a transgression through a violation of Section 2 above, or acts in any other manner such as to put his reliability or credibility in question, the Principal is entitled to disqualify the Bidders(s)/ Contractor(s) from the tender process or take action as per the separate “Guidelines for Suspension of Business Dealings with Suppliers/ Contractors” framed by the Principal. Section 4 – Compensation for Damages 4.1 If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to

Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit/ Bid Security.

4.2 If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate

the contract according to section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages equivalent to 5% of the contract value or the amount equivalent to Security Deposit/Performance Bank Guarantee, whichever is higher.

Section 5 – Previous Transgression 5.1 The Bidder declares that no previous transgressions occurred in the last 3 years with any other company in

any country conforming to the anti-corruption approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

5.2 If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or

the contract, if already awarded, can be terminated for such reason. Section 6 – Equal treatment of all Bidders/ Contractors/ Sub-contractors 6.1 The Bidder(s)/ Contractor(s) undertake(s) to obtain from all subcontractors a commitment consistent with

this Integrity Pact and report Compliance to the Principal. This commitment shall be taken only from those sub-contractors whose contract value is more than 20% of Bidder’s/ Contractor’s contract value with the

Page - 79

Principal. The Bidder(s) / Contractor(s) shall continue to remain responsible for any default by his Sub-contractor(s).

6.2 The Principal will enter into agreements with identical conditions as this one with all Bidders and

Contractors. 6.3 The Principal will disqualify from the tender process all bidders who do not sign this pact or vio late its

provisions. Section 7 – Criminal Charges against violating Bidders/ Contractors /Sub-contractors If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office. Section 8 –Independent External Monitor(s) . (Name Mr. Prabhas Bhattacharya) Additional Mumber ( Retired), Railway Board, Indian Railways . 8.1 The Principal appoints competent and credible Independent External Monitor for this Pact. The task of the

Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

8.2 The Monitor is not subject to instructions by the representatives of the parties and performs his functions

neutrally and independently. He reports to the CMD, B&R. 8.3 The Bidder(s)/ Contractor(s) accepts that the Monitor has the right to access without restriction to all

contract documentation of the Principal including that provided by the Bidder(s)/ Contractor(s). The Bidder(s)/ Contractor(s) will grant the monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his contract documentation. The same is applicable to Sub-contractor(s). The Monitor is under contractual obligation to treat the information and documents of the Bidder(s)/ Contractor(s) / Sub-contractor(s) with confidentiality.

8.4 The Principal will provide to the Monitor sufficient information about all meetings among the parties related

to the contract provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings.

8.5 As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the

Management of the Principal and request the Management to discontinue or take corrective action, or heal the situation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action.

8.6 The Monitor will submit a written report to the CMD, B&R within 8 to 10 weeks from the date of reference or

intimation to him by the Principal and, should the occasion arise, submit proposals for correcting problematic situations.

8.7 The CMD, B&R shall decide the compensation to be paid to the Monitor and its terms and condition. 8.8 If the Monitor has reported to the CMD, B&R, a substantiated suspicion of an offence under relevant IPC /

PC Act, and the CMD, B&R has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

8.9 The number of Independent External Monitor(s) shall be decided by the CMD, B&R. 8.10 The word ‘Monitor’ would include both singular and plural.

Page - 80

Section 9 – Pact Duration 9.1 This Pact begins and shall be binding on and from the submission of bid(s) by bidder(s). It expires for the

Contractor 12 months after the last payment under the respective contract and for all other Bidders 6 months after the contract has been awarded.

9.2 If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the

lapse of this pact as specified as above, unless it is discharged/ determined by the CMD, B&R. Section 10 – Other Provisions 10.1 This agreement is subject to Indian Laws and jurisdiction shall be registered office of the Principal, i.e.

Kolkata. 10.2 Changes and supplements as well as termination notices need to be made in writing. Side agreements

have not been made. 10.3 If the Contractor is a partnership or a consortium, this agreement must be signed by all partners or

consortium members. 10.4 Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement

remains valid. In this case, the parties will strive to come to an agreement to their original intentions. 10.5 Only those bidders/ contractors who have entered into this agreement with the Principal would be

competent to participate in the bidding. In other words, entering into this agreement would be a preliminary qualification.

For & On behalf of the Principal For & On behalf of the Bidder/ Contractor (Office Seal) (Office Seal)

Place -------------------------- Date --------------------------

Witness: _______________________ Witness: ________________________ (Name & Address) (Name & Address)

BRIDGE & ROOF CO. (INDIA) LIMITED · Page 5 BRIDGE & ROOF CO.(INDIA) LIMITED Kankaria Centre (5th...

Documents

Transcript of BRIDGE & ROOF CO. (INDIA) LIMITED · Page 5 BRIDGE & ROOF CO.(INDIA) LIMITED Kankaria Centre (5th...