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					                     BALASORE MUNICIPALITY
               TENDER CALL NOTICE NO: 6588 DT.11.7.2008



      DETAILED TENDER CALL NOTICE (DTCN) FOR THE WORK “
 CONSTRUCTION OF 120 NUMBER OF DWELLING HOUSES AND
INFRASTRUCTURE FACILITIES UNDER I.H.S.D.P. AT MATHA SAHI
          SLUM AT BALASORE TOWN OF ORISSA”




                    NATIONAL COMPETITIVE BIDDING
                        PART-I: TECHNICAL AND
                            COMMERCIAL




                               Milestone Dates
  Sale of Bid Document                21/7/2008 To 01/8/2008 AT 12 HOUR
  Pre- Bid Conference                 24/7/2008 , 11.00 HOUR
  Last date of submission of
                                      1/8/2008 14.00 HOUR
  Technical Proposal & Price Bid
  Opening of the Technical Proposal   1/8/2008 ,   15.30 HOUR




                          EXECUTIVE OFFICER, ,
                         BALASORE MUNICIPALITY
                               BALASORE
                             BALASORE MUNICIPALITY
                          TENDER No. 6588 DT.11.7.2008 IHSDP




                           NATIONAL COMPETITIVE BIDDING



                 CONSTRUCTION OF 120 NUMBER OF DWELLING HOUSES
        AND INFRASTRUCTURE FACILITIES UNDER I.H.S.D.P. AT MATHA SAHI SLUM OF
                            BALASORE TOWN OF ORISSA




Total Parts-2: DTCN Part-I (Technical and Commercial) and DTCN Part-II (Price Bid)

Issued To
M/s._____________________________________________________________
             ________________________________________________________________
             ________________________________________________________________

Date of Issue: ______________________

Receipt No.of Tender cost paid      :     No:_____________________

                                                       Date:___________________

Tender cost :Rs…………………….


                                 Issued By: __________________




                                                                                     2
                  CONTENTS OF THE TENDER DOCUMENT

  Volume    Sect. Part            Description
DTCN       TECHNICAL AND COMMERCIAL
PART-I
             I      1   Letter of submission
                    2   Tender Call Notice
                    3   Instructions to Bidders

            II      1   General Conditions of         Contract   and   Special
                        Conditions of Contract



            III     1   General Specifications
                    2   Technical Specification of Material
                    3   Technical Specification of Civil Work

            IV          Annexures
                    1   Applicable code of Concrete
                    2   Applicable code of Building
                    3   Applicable code of Sanitary work
                    4   Applicable code of Structural Steel
                    5   Applicable Standard FOR Electrical items


            V           Layout Plan of all Dwelling Units, Detailed Unit Plans,
                        Centre-Line Plan, Floor Layout Plans, Elevations,
                        Sections, Door-Window schedule.



DTCN       PRICE BID
PART-II




                                                                                  3
                                    ABBREVIATIONS

Statement showing the details of abbreviations
                               Full Form                             Abbreviation
 JawaharLal Nehru National Urban Renewal Mission                    JnNURM
 Municipal Commissioner/Executive Officer                           M.C/E.O
 Operation and Maintenance                                          O&M
 Net Present Value                                                  NPV
 Engineering Procurement and Construction                           EPC
 Critical Path Method                                               CPM
 Reinforced Cement Concrete                                         RCC
 Kilometer                                                          KM
 Mild Steel                                                         MS
 Bureau of Indian Standard                                          BIS
 Central Public Health & Environmental Engineering Organization     CPHEEO
 American Society of Civil Engineers                                ASCE
 American Petroleum Industries                                      API
 Million Liter per Day                                              MLD
 High Yield Strength Deformed bar                                   HYSD
 Corrosion Resistant Steel                                          CRS
 Ordinary Portland Cement                                           OPC
 American Standard for Testing of Material                          ASTM
 Flux Compensated Magnetic Amplifier                                FCMA
 Cost Insurance and fright                                          CIF
 Free On Board                                                      FOB
 Ex – Works                                                         EXW
 Water Treatment Plant                                              WTP
 Engineer-in-Charge                                                 E-in-C
 Construction Manager appointed by contractor qualified engineer.   Construction
                                                                    Manager
 Bank guarantee                                                     BG
 Integrated Housing and Slum Development Programme                  IHSDP
 Thermo Mechanically treated steel                                  TMT
 Ground Floor                                                       GF
 Ground Floor plus 1 floor                                          GF+1




                                                                                    4
        SECTION I

PART 1. LETTER OF SUBMISSION




                               5
Letter for Submission of Tender
                                  ( To be filled in by the tenderer )

Note: (1) Additional conditions appended to the tender will make the tender         liable for rejection.

        (2) Non-submission of EMD in proper shape and other required documents as detailed
        hereinafter shall make the tender liable for rejection.

                      Ref. No. _________________ / dated_________________

   To


Sub: ……………………..

Ref:    Your Tender Call Notice (TCN) No._______ published in the daily
        _____________________________ dated ________________.


   Dear Sir,

                    With reference to the above, we are to inform you that in response to your above
            referred TCN, we have purchased the Detailed Tender Call Notice (DTCN) Part-I & II and
            that after having thoroughly examined the same, we hereby tender for the work to execute
            the work within the stipulated time and in conformity with the relevant clauses of the DTCN
            along with all related statutory rules and regulations for the amounts as quoted in the
            accompanying price bid.

            2) I/We have studied, acquainted and satisfied ourselves with the site and its working
            conditions for the successful and timely completion of the work.

            3) I/We are submitting herewith Bar Chart to complete the work in time.

            4) Our offer is unconditional and is in conformity with the requirements of the DTCN. We
            understand that any additional condition put by us in the tender shall make our tender liable
            for rejection.

            5) We enclose herewith an Earnest Money Deposit of Rs.___________ (Rupees
            ______________________________________) only in shape of N.S.C./ Postal Savings
            Pass Book/ Post Office Time Deposit/ Kissan Vikash Patra/ Deposit Receipt in Schedule
            Bank/ Demand Draft drawn in any Nationalised bank, duly pledged in favour of
            ……………………. We agree that this sum shall stand forfeited in the event of your
            acceptance of our tender and our failure or negligence to pay the security in the specified
            time or to execute the contract within the stipulated time. We also agree to treat the sum as a
            part of security deposit on your acceptance of our tender and our signing the contract with
            the ……………..

            6) I/We understood that you are not bound to assign any reason in case of rejection of our
            tender.



                                                                                                            6
      7) I/We agree to keep our offer open for a minimum of 120 (one hundred twenty) days from
      the date of opening of the Price bid. Further extension of validity will be our prerogative.

     Should this tender be accepted, we hereby agree to abide by and fulfill all the terms and
      provisions of this Detailed Tender Call Notice (DTCN).

      Thanking you.
                                                       Yours faithfully,



                                                    Name and Signature
                                                 of the authorised signatory
                                                           along with seal and address of the firm.

Encl: 1.     Tender in original form (DTCN Part-I & II) duly filled in all    respects with all
                                   required documents.




                                                                                                  7
        SECTION I

PART 2. TENDER CALL NOTICE




                             8
                         OFFICE OF THE BALASORE MUNICIPALITY:BALASORE
                                                INVITATION FOR BID

          Tender Call Notice No.6588 , Dt.11.7.2008
 The Executive Officer on behalf of Balasore Municipality invites Percentage Rate bids in double
 cover system (Two bid system) in conformity with Detailed Tender Call Notice (DTCN) for the
 following work(s), from Registered firms/companies/contractors having experience, expertise and
 financial standing and fulfilling the minimum eligibility criteria as stipulated hereunder.
 1.       The bidders may submit bids for any or all of the following works.

                                                                EMD (Rs.)      Cost of
                                               Value of work                 document Period of Class of
 Sl.                                                              1% of
                 Name of work                                                 Including completio Contractor.
 No                                                (Rs.)        estimated    VAT @4%       n
                                                                   cost         (Rs.)


  1                     2                            3              4            5          6           7

1.     Contsn. Of under mentioned nos
       dwelling     units   at   following
       location including infrastructure
       facilities    such     as     water
       supply,Septic
       tank,Soakpit,Drainage,Roads,Ele
       ctrification,Garbage
       bin,Community centre,livelihood
       centre,jogging track,Barbed wire
       fencing,Green      fencing,Avenue
       plantation,Swing/Sliding          for
       children       &        bench,drum
       stick,Banana.Mango,Jack         fruit
       plantation.




       A) 40 Units at Khaprapada                                                            12
                                                 81,15,923.00    81159.00                            A class &
            Slum.                                                             10,400/-   calender     Above.
                                                                                          months


       B) 120 Units at Matha Sahi
                                               2,27,98,621/-
            Slum.                                               2,27,986/-                  12
                                                                                                      Special
                                                                              10,400/-
                                                                                         Calendar     Class &
                                                                                                      above.
                                                                                         Months.




                                                                                                             9
3.     Minimum Eligibility Criteria:

Financial Criteria: (i). An average annual turnover of last three year should not be less than the
value of the work put to tender. (ii). Working capital exclusively for the project (to be demonstrated
by the bidder in the form of confirmed credit line from reputable bank or the bidder's own audited
financial statement taking into account current commitment): shall not be less than 25% of the
value of work put to tender.


Work Experience: Bidder should have experience of execution of a single integrated housing
project of similar nature and magnitude costing not less than 50% of the value of work put to tender
as a main contractor at least during any one year in the last five years. Experience of works of
Government / Semi – Government / Public Sector will be considered only.

Personnel Criteria: The contractor shall deploy at least one graduate Civil Engineer and one
diploma Engineer with minimum five years experience in relevant field for execution of the project.
4.     Bid documents ( DTCN part-I & II) consisting of plans, specifications, the Schedule of
Quantities and the set of terms and conditions of contract and other necessary documents can be
seen in office of the undersigned during office hours on working days except Sundays and Public
Holidays till last date & hour of sale and receipt of tender papers.


5.      The Bid documents can be downloaded from official Website of Balasore District
(http://baleswar.nic.in.) or may be purchased from the office of the undersigned against a non-
refundable fee towards cost of the documents as indicated in Column-5 in the shape of cash or
Demand Draft issued from any Nationalised Bank payable at Balasore and in favour of Executive
Officer, Balasore Municipality. In case of Demand Draft, the draft must be prepared on or before the
last date of receipt of the Bid.
6.      Bid documents requested by mail will be dispatched by registered post / speed post on
payment of an extra amount of Rs.500.00 over and above the cost of Bid documents. The authority
will not be held responsible for any postal delay in delivery of the document or non-receipt of the
same.
7.     Bids must be accompanied with bid security of the amount specified for the work in the table
under Col.4 above in any one of the forms as specified in the DTCN Part-I.
8.     The sale and receipt of the Bid documents shall start from 21.7.2008 and close on
01.8.2008 at 12.00 hour. Bids shall be received in the Office of undersigned on or before 1.8.2008
at 14.00 hours. A pre-bid meeting will be held on 24.7.2008 at 11.00 hours
9.      The Technical Bids (Cover-I) will be opened on 01.8.2008 at 15.30 hours in the office of the
undersigned in the presence of the bidders or their authorised representatives who wish to attend. If
the office happens to be closed on the last date of receipt or opening of the bids as specified, then
the bids will be received / opened on the next working day at the same time and venue unless
otherwise notified.
10.    Other details can be seen in the bidding documents.


11. The authority reserves the right to reject any or all the bids without assigning any
reasons thereto.
                                                                  Executive Officer,
                                                                 Balasore Municipality.



                                                                                                      10
Memo No…6589……………… Dt…11.7.2008………………….
                 Copy forwarded to Editor, Eastern Media Limited, Balasore for information with a request to
get it published in your daily news paper in all Orissa edition for one day only i.e.on 18.7.2008. The payment
will be made as per the approved Govt.rate using minimum space. Complementary copy of the news paper
containing the tender call notice may be sent to this office for reference & record.


                                                                          Executive Officer
                                                                         Balasore Municipality.


Memo No………………6590… Dt…11.7.2008………………….
        Copy forwarded to Editor, The Dharitri,Balasore for information with a request to get it
published in your daily news paper in all Orissa edition for one day only i.e.18.7.2008. The payment
will be made as per approved Govt.rate using minimum space. Complementary copy of the news
paper containing the tender call notice may be sent to this office for reference & record.

                                                                          Executive Officer
                                                                         Balasore Municipality
Memo No…6591…………Dt…11.7.2008……………………….
        Copy forwarded to Advertising Manager,Times of India,Bhubaneswar for information with a
 request to get it published in your daily news paper for one day only i.e. on 18.7.2008. The
payment will be made as per approved Govt.rate Using minimum space. Complementary copy of
the news paper containing the tender call notice may be sent to this office for reference & record.



                                                                          Executive Officer
                                                                         Balasore Municipality
Memo No…6592…………Dt…11.7.2008……………………….
         Copy forwarded to the National Informatics Centre (N.I.C )for information with a request to
display the tender call notice & tender documents in web site of Balasore District till 01.8.2008.The
Floppy containing the above tender call notice & tender documents are enclosed herewith for the
purpose.

Encloser:- As above 1 No &
           C.D. 1 no.

                                                                          Executive Officer
                                                                         Balasore Municipality



Memo No…6593……………….Dt…11.7.2008……………………..
       Copy submitted to the Director Municipal Administration, H&UD Department for
favour of information and wide circulation.

                                                                          Executive Officer
                                                                         Balasore Municipality
                                                  /



                                                                                                           11
Memo No.      6594…….Dt…11.7.2008…
        Copy submitted to the Chief Engineer, (PH), Urban /Chief Engineer (Buildings) Orissa /F.A.-cum-
Additional Secretary to Govt. in H&UD Department, Orissa / Chief Engineer,(R.D.Q.&P.) / Chief Engineer,
Rural Works-I/II /, Bhubaneswar for favour of information and wide circulation.


                                                                        Executive Officer
                                                                       Balasore Municipality

Memo No…6595………………….Dt…11.7.2008…………
        Copy forwarded to the Collector,Balasore /Superintendent of Police, Balasore ……. Superintending
Engineer, P.H. Circle, BBSR.Orissa / Executive Engineer,(R&B) Balasore Division / Executive Engineer, (PH)
Division Baripada for information and wide circulation of the tender call notice


                                                                        Executive Officer
                                                                       Balasore Municipality

Memo No…6596…………………….Dt…11.7.2008…………………..
       Copy to Notice Board Balasore Municipality for wide publication.

                                                                        Executive Officer
                                                                       Balasore Municipality
Memo No 6597………………….Dt……11.7.2008………………..
       Copy to Executive Engineer ,Irrigation Division,Balasare for information & wide circulation.



                                                                                      Executive Officer
                                                                       Balasore Municipality




                                                                          .




                                                                                                       12
        SECTION – I


PART 3. INSTRUCTIONS TO BIDDERS




                                  13
 A. General                            E.   Opening and Evaluation of
     1. Scope of Bid                        Technical Proposals
     2. Source of Funds
     3. Eligible Bidders                    23.    Opening of Technical Bids
     4. Qualification of the Bidder         24.    Process to be Confidential
     5. One Bid per Bidder                  25.    Preliminary Examination of .
                                                  Technical Proposals
     6. Cost of Bidding
                                            26.    Evaluation and Comparison
     7. Site Visit
                                                  of Technical Proposals
                                            27.   Invitation to Attend Opening
B. Bidding Documents                              of Price Proposals
     8. Content of Bidding Documents
    9. Clarification of Bidding        F.   Opening of Price Proposals
         Documents
    10 Amendment of Bidding
                                            28.  Bid Opening of Price
         Documents
                                                 Proposals
                                           29 Process to be Confidential
C.   Preparation of Bids
                                           30. Clarification of Price
                                                Proposals
     11. Language of Bids
                                           31 Preliminary Examination of
     12. Documents Comprising the
                                                 Bids and Determination of
         Bid                                     Responsiveness
     13. Bid Form and Price                32. Correction of Errors
         Schedules                          33. Evaluation and Comparison
     14. Bid Prices                                of Price Proposals
     15. Currencies of Bid and                    34 Domestic Preference
         Payment                       G. Award of Contract
     16. Bid Validity                        35. Award
     17. Bid Security                        36. Employer's Right to Accept
     18. Pre-Bid Meeting                     any Bid and to Reject any of all Bids
     19. Format and Signing of Bid           37 Notification of Award
                                             38. Signing of Contract
D.   Submission of Bids                      39. Corrupt or Fraudulent
     20. Sealing and Marking of Bids         Practices
     21. Deadline for Submission of    APPENDICES A to J
         Bids                          Application Form 1
     22. Late Bids                     Application Form 1A




                                                                                     14
                                         A.     GENERAL
                                    1.        SCOPE OF BID:
      The Balasore.Municipality . (Hereinafter referred to as “the Employer”) wishes to receive
      bids for the work of construction of dwelling units for urban poor under JNURM, IHSDP of
      Govt. of India. The dwelling units along with infrastructure and common facilities are to be
      constructed in the respective slums.


      1.1    Project Area and Coverage:
             The project aims to construct 120 nos. of dwelling units along with infrastructure and
             common facilities as per the tender drawing and detailed bill of quantities indicated
             in the DTCN Part-I & II. Abstract of the scope of work is presented below.


                      Sr. No.       Description             Amount
                         1
                         2
                         3
                         4
                         5
                         6
                         7
                         8
                                Total Amount Rs.


      The construction is to be carried out as per the detailed drawing and designs provided by the
      ULB. All the working drawings will be supplied by the contractor.


      1.2    The successful bidder will be expected to complete the works within Twelve (12)
             months from the date of issue of work order.


2.    SOURCE OF FUNDS AND IMPLEMENTATION OF PROJECT:
     The project is to be implemented with funding from JNURM of Government of India and
     State Government. All the works are to be executed as per the specifications of BIS/OPWD/
     State PHED and Detailed Technical Specifications given in the tender document.


3.    GENERAL REQUIREMENTS FOR BIDDERS:
      3.1    This invitation to the bid is open to all the bidders qualifying the minimum eligibility
             criteria.




                                                                                                  15
       3.2    Bidders shall provide such evidence of their continued eligibility satisfactory to the
              employer as the employer shall reasonably request.
       3.3    Bidders shall not be under a declaration of ineligibility for corrupt or fraudulent
              practices in accordance with sub-clause 39.1 (c).
       3.4    A Bidder shall not have a conflict of interest. All bidders found to be in conflict of
              interest shall be disqualified. A Bidder may be considered to have a conflict of
              interest with one or more parties in this bidding process if they;
              (a)     have controlling shareholders in common; or
              (b)     receive or have received any direct or indirect subsidy from any of them; or
              (c)     have the same legal representative for purpose of this Bid; or
              (d)     have a relationship with each other, directly or through common third parties,
                      that puts them in a position to have access to information about or influence
                      on the Bid of another Bidder, or influence the decisions of the Employer
                      regarding this bidding process; or
              (e)     Participated as a consultant in the preparation of technical specifications of the
                      goods and related services that are the subject of the Bid.
       3.5    State/Central Government-owned enterprises shall be eligible only if they can
              establish that they are legally and financially autonomous and operate under
              commercial law, and that they are not a dependant agency of the Employer.


4.     MINIMUM ELIGIBILITY REQUIREMENT:
       4.1    General: To be qualified for the award of the Contract. Bidders shall:
       (a)    Submit a written power of attorney authorizing the signatory of the bid to commit the
              bidder; and
       (b)    Have adequate financial capacity and technical capability to undertake the contract
              and assessment of bidder’s proposals regarding work method, scheduling and re-
              sourcing which shall be provided in sufficient details to confirm the bidder’s
              capability to complete the works in accordance with the employer’s requirement and
              the time for completion. The bidder shall have to furnish the details of qualification
              criteria given at relevant places of bidding document.
       (c)    The bidder shall be a Firm/Company or registered contractor registered either with
              State or Central Government or Semi Government.


4.2 Minimum Eligibility Criterion:
Financial Criteria: (i). An average annual turnover of last three year should not be less than the
value of the work put to tender. (ii). Working capital      exclusively for the project (to be
demonstrated by the bidder in the form of confirmed credit line from reputable bank or the bidder's
own audited financial statement taking into account current commitment): shall not be less than 25%
of the value of work put to tender.

Work Experience: Bidder should have experience of successful execution of a single integrated
housing project of similar nature costing not less than 50% of the value of work put to tender as a
main contractor in the last five years. Experience of works of Government / Semi – Government /
Public Sector will be considered only.



                                                                                                     16
Personnel Criteria: The contractor shall deploy atleast one graduate Civil Engineer and one
diploma Engineer with minimum five years experience in relevant field for execution of the project.
The period of deployment will commence within one month after the date of work order and would
last till the date when work is completed. Bidder to provide CV's of key personnel proposed to be
deployed in the project.

4.3    To be eligible for qualification, applicants shall furnish the followings.
       a.     Required E.M.D as per the Clause No.-18.
       b.     Information regarding ownership of T&P in Appendix-J in this DTCN.
       c.     Information regarding current litigation, debarring / expelling of the applicant or
              abandonment of work by the applicant in Appendix B and C and affidavit to that
              effect including authentication of tender documents.

4.4    Registration Certificate

       Tenderers are required to submit attested copy of certificate of Registration with Orissa State
       PWD or equivalent class of CPWD / Railways /MEs/Central Govt. / State Govt. undertakings
       along with their tenders otherwise the bid shall be considered as non-responsive and thus will
       be rejected.

       If the tenderer is a private limited firm/company they are required to furnish following
       documents along with their tender.


              i). Copy of article of association/registration of the     firm/company.
              ii).Copy of authorised signatory of the firm with power of attorney if any.

4.5    The tender should be mandatorily accompanied with the attested Xerox copies of the valid
       VAT clearance certificate, PAN card and other requisite documents, otherwise the Bid shall
       be considered as non-responsive and thus will be rejected.




4.6.   Credentials of the Firm :

       The firm shall furnish the following documents in support of their fulfillment of eligibility
       criteria.

       a. List of housing projects completed by the firm indicating the name of client, cost of
          project, location, number of dwelling units, date of commencement & completion of the
          work etc. in the Appendix-F.

       b. Completion certificates from the client not below the rank of an Executive Engineer or
          equivalent post (client means the owner of the facility for whom the work has been
          executed & not the prime contractor) for the works in fulfillment of minimum eligibility
          criteria indicating the project components, location, value of work, date of
          commencement & completion of the works.


                                                                                                   17
         c. Audited balance sheets for the last three years in support of the eligibility requirement on
            financial turnover criteria.

         d. The list of personnel employed by the firm with their qualification, experience in the
            relevant field & list of tools & plants available with the firm for the work.

      Photocopies of completion certificates shall have to be authenticated by a Gazetted officer not
      below the rank of a Class-I officer of State Government or Government of India or by a Notary
      with his name, designation, address & office seal. The tenderer shall furnish an affidavit at the
      time of submission of tender papers about the authentication of tender documents.

      Failure to furnish the above information/documents shall lead to rejection of the tender.

         The Department has the right to do independent assessment of the firm’s past performance
      with reference to the above points if necessary to verify the authenticity of the firm’s credentials.

          Any attempt to produce wrong information/ false documents shall lead to rejection of
      the tender in the present case & shall debar the firm from participating in future tenders.

4.7      Even if qualifying criteria are met, the bidders can be disqualified for the following
         reasons, if enquired and convinced by the Department as to
         (a)     Making a false statement or declaration.
         (b)     Past record of poor performance.
         (c)     Past record of abandoning the work half way/ recession of contract.
         (d)     Past record of in-ordinate delay in completion of the work.
          (e)    Past history of litigation.


5        ONE BID PER BIDDER

         5.1     A bidder can submit or participate in one or more than one bid.
6.       COST OF BIDDING:
         6.1    The bidder shall bear all costs associated with the preparation and submission of its
         bid and the Employer will in no case be responsible or liable for those costs.
7.       SITE VISIT:
         7.1     The bidder is advised to visit and examine the Site of Works and its surroundings and
                 obtain for itself on its own responsibility all information that may be necessary for
                 preparing the bid and entering into a contract for the design-build and completion of
                 the Works. The costs of visiting the Site shall be at the bidder's own expense.
         7.2     The bidder and any of its personnel or agents will be granted permission by the
                 Employer to enter upon its premises and lands for the purpose of such inspection, but
                 only upon the express condition that the bidder, its personnel and agents, will release
                 and indemnify the Employer and its personnel and agents from and against all liability
                 in respect thereof and will be responsible for death or personal injury, loss of or
                 damage to property and any other loss, damage, costs and expenses Incurred as a
                 result of the inspection.


                                                                                                        18
8.   Bid documents consisting of plans, specifications, the Schedule of Quantities and the set
     of terms and conditions of contract and other necessary documents can be seen in the
     Office Of Executive Officer, during office hours everyday except on Sundays and Public
     Holidays till last date of sale and receipt of tender papers. Interested bidders may obtain
     further information at the same address.
     a. The tenderer shall carefully study the tentative drawings and specifications applicable
         to the contract and all other documents, which will form a part of the agreement
         before tendering for the work. Complaint at a future date that plans and specifications
         have not been seen by the tenderer can not be entertained.
     b. These tentative drawings are subject to revision or modification during the execution
         as per actual necessity and test conducted. But, the tendered rate for the total work
         quoted by the tenderer will hold good in case of such modification of drawings during
         the time of execution and shall in no way invalidate the contract and no extra
         monetary compensation will be entertained. The work shall however, be executed as
         per final approved drawing to be issued by the Engineer-in-Charge as and when
         required.




                                                                                             19
                               B.      BIDDING DOCUMENTS

9.0   CONTENT OF BIDDING DOCUMENTS

      9.1 The details of works, bidding procedure, contract terms and technical requirements are
      prescribed in the bidding documents. The Bidding Documents include the following Parts ,
      together with any Amendments/Addenda there to which may be issued in accordance with
      Clause 11.

                              CONTENTS OF THE BID DOCUMENT

 DTCN Part- I:          Technical and Commercial
                 Sections I I        1.Letter of Submission of Bid.
                                1
                                     2.Tender Call Notice
                                3    3.Instructions to Bidders

                       II        1     General and Special Conditions of Contract

                       III       1     General Specifications
                                 2     Technical Specification of Material
                                 3     Technical Specification of Civil, PH and Electrical
                                       Works

                       IV              Annexure
                                 2     Applicable code of Concrete
                                 3     Applicable code of Building
                                 4     Applicable code of Sanitary work
                                 5     Applicable code of Structural Steel
                                 6     Applicable Standard of Electrical Items

                       V               Layout Plan of all Dwelling Units, Detailed Unit
                                       Plans, Centre-Line Plan, Floor Layout Plans,
                                       Elevations, Sections, Door-Window schedule.

 DTCN Part- II        PRICE BID


9.2   The bidder is expected to examine carefully the contents of the Bidding documents. Failure to
      comply with the requirements of bid submission will be at the bidder's own risk. Pursuant to
      Clause 26, bids, which are not substantially responsive to the requirements of the bidding
      documents, will be rejected.



10.   CLARIFICATION OF BIDDING DOCUMENT:


                                                                                                20
10.1   A prospective bidder requiring any clarification of the bidding documents may notify the
       Employer in writing or by fax (hereinafter the term "fax" is deemed to include electronic
       transmission such as facsimile, cable and telex) at the Employer’s address indicated in the
       Invitation for Bids. The Employer will respond to any request for clarification, which it
       receives earlier than Fifteen days prior to dead line for submission of bids or latest on day of
       pre bid meeting. Copies of the Employer's response, including a description of the inquiry,
       will be forwarded to all purchasers of the bidding documents.

11.    AMENDMENTS OF BIDDING DOCUMENTS:

       11.1 At anytime prior to the deadline for submission of bids, the Employer may, for any
           reason, whether at its own initiative or in response to a clarification requested by a
           prospective bidder modify the bidding documents by issuing addenda.

       11.2 Any addendum thus issued shall be part of the bidding documents pursuant to Sub-
           Clause 9.1, and shall be communicated in writing or by fax to all purchasers of the
           bidding documents. Prospective bidders shall acknowledge receipt of each addendum by
           fax to the Employer.

       11.3 To afford prospective bidders reasonable time in which to take an addendum into
           account in preparing their bids, the Employer may extend the deadline for submission of
           bids, in accordance with Clause 22.




                                                                                                    21
                                C.      PREPARATION OF BIDS

12.   LANGUAGE OF BID:
      The bid, and all correspondence and documents, related to the bid, exchanged between the
      bidder and the Employer shall be written in the English language. Supporting documents and
      printed literature furnished by the bidder may be in another language provided they are
      accompanied by an accurate translation of the relevant passages in the English language, in
      which case, for purposes of interpretation of the bid the English translation shall prevail.

13.   DOCUMENTS COMPRISING THE BID:
      13.1   The bid submitted by the bidder shall comprise two envelopes submitted
             simultaneously, one containing only the Detailed Tender Call Notice (DTCN) Part-I
             i.e. the technical and commercial bid and the other one is the DTCN Part-II i.e. the
             price bid

      13.2   The technical proposal shall contain the following:
             (i)      Detailed Tender Call Notice Part-I
             (ii)     Power of Attorney
             (iii)    Appendices A to K duly filled in
             (iv)     Information on Qualification
             (v)      Confirmation of Eligibility ( supporting documents)
             (vi)     Schedule of Major items of Tools and Plants
             (vii)    Schedule of Key Personnel
             (viii)   Schedule of compliance with the bidding documents
             (ix)     Any other material required to be completed and submitted by bidders in
                      accordance with these instructions to bidders
             (x)      EMD
             (xi)     VAT, ITCC, PAN card
             (xii)    And all other information applicable and asked for in the bid forms and
                      schedules furnished in DTCN part-I and II

      13.3 The price proposal shall be in the format given in ; DTCN Part-II.

14.   BID FORM & PRICE SCHEDULES:
      14.1   The Bidder shall complete the Bid Forms and schedules furnished in the bidding
             documents in the manner and detail indicated therein, following the requirements of
             Clauses 15 and 16.

15.   BID PRICES:
      15.1   Unless specified otherwise in Employer's Requirements, Bidders shall quote for the
             entire facilities on a "single responsibility" basis such that the total bid price covers all
             the Contractor's obligations mentioned in or to be reasonably inferred from the
             bidding documents in respect of the design, manufacture, including procurement,
             delivery, construction, installation and successful completion of the dwelling units
             along with infrastructure and common facilities. This includes all requirements under


                                                                                                       22
              the Contractor's responsibilities for testing, pre-commissioning and commissioning of
              the facilities and, where so required by the bidding documents, the acquisition of all
              permits, approvals and licenses, etc. operation, maintenance and training services and
              such other items and services as may be specified in the bidding documents, all in
              accordance with the requirements of the Conditions of Contract.

              15.2 In this case of percentage rate tenders, only percentage at par / excess / less of
              the grand total estimate value put to tender for the whole composite work shall be
              written by the tenderer legibly both in words and figures at the last page of the Bill of
              Quantity i.e. Price Bid (DTCN part-II). If there will be difference in numeral figure
              and the word depicting the percentage rate, then the “word” will be considered as
              correct. Any over writing, correction or interpolation should be avoided while quoting
              this percentage rate. Where unavoidable, this should be properly initialed by the
              tenderer.
       a.     The tenderer must fill only one of the three alternatives / options mentioned at last
              page of the BOQ / Price Bid as to quoting of percentage rate.
       b.     If more than one will be filled in then the Price Bid will be summarily rejected.
       c.     The contractor will write percentage excess or less up to one decimal point only. If he
              / she write the percentage excess or less up to two or more decimal point, the first
              decimal point shall only be considered without rounding off.
       15.3   Prices quoted by the bidder shall be firm. No price escalation shall be admissible.

16.    BID CURRENCIES:
       16.1   Prices shall be quoted in the following currencies:
              (a)     The prices shall be quoted in Indian currency only.

17.    BID VALIDITY:
       17.1   Bids shall remain valid for a period of 120 days from the date of opening of price bid.

       17.2   In exceptional circumstances, prior to expiry of the original bid validity period, the
              Employer may request that the bidders extend the period of validity for a specified
              additional period. The request and the responses thereto shall be made in writing or by
              cable. A bidder may refuse the request without forfeiting its EMD. A bidder agreeing
              to the request will not be required or permitted to modify its bid.

18.    Bid Security :
18.1 The bid must be accompanied by E.M.D amount, @ 1% (one percent) of the estimated cost
    of work i.e. Rs22798621.00put to tender and rounded to the nearest hundred rupees i.e.
    Rs.227986.00only as laid down in Tender Call Notice in the shape of Fixed Deposit Receipt of
    any Nationalised Bank / Kissan Vikash Patra / Post Office Savings Bank Account / National
    Savings Certificate / Postal Office Time Deposit Account/Demand Draft or Banker’s Cheque on
    any Nationalised bank only duly pledged in favour of the Executive Officer,Balasore
    Municipality,Balasore and payable at Balasore and in no other form. The E.M.D. so deposited
    by the participating contractor / firm / company should exhibit evidence to the effect that the
    EMD amount belongs to the firm/company or the individual. Tenders received without EMD as


                                                                                                    23
      specified above shall be summarily rejected. Request for transfer of EMD from any other work
      to the tendered work will not be entertained.
          The term EMD, ISD and Additional Performance Security should not be confused with each
          other. These have their distinctness as regards to their meaning and necessity.
          d.      EMD (Earnest Money Deposit) amount is equal to (i) 1% of the value put to tender
                  and is to be furnished by the tenderer in the Cover-I ( DTCN Part-I: Technical Bids)
                  in the shape and manner as clearly depicted above.

         e.     ISD (Initial Security Deposit) value is 2% of the accepted tender amount i.e. “contract
                price” and is to be deposited by the contractor before drawal / signing of the
                agreement in the shape and manner as detailed above ( same as for EMD). This
                amount at 2% of the contract price will naturally include the amount of EMD already
                deposited at the time of furnishing bid documents in Cover-I.
         f.     APS (Additional Performance Security) which is distinct in its meaning is explained
                in terms of its amount and manner of deposit in favour of the Engineer-in-Charge
                before drawal of agreement only as detailed in Special Condition of Contract of this
                DTCN.

         18.2   The EMD of unsuccessful bidders will be refunded by the ULB only after drawal of
                the agreement for the tendered work.

         18.3   The EMD of the successful bidder will form a part of the Initial Security Deposit
                (ISD)of 2% of accepted tender value at the time of the signing of Contract
                Agreement.

         18.4   The EMD may be forfeited

                 (a)    If the bidder does not accept the correction of its bid price, pursuant to Sub-
                        Clause 33.2; or
                (c)     In the case of a successful bidder, if it fails within the specified time limit to:
                        (i)     Sign the Contract Agreement, and
                        (ii)    Furnish the required ISD.


19.      PRE-BID MEETING:
         19.1   The bidder or its official representative is invited to attend a pre-bid meeting, which
                will take place at:

                VENUE:         ……………………………. Date & Time……………..


         19.2   The purpose of the meeting will be to clarify issues and to answer questions on any
                matter that may be raised at that stage.
         19.3   Regarding clarification to Bidding document, refer clause 10.1
         19.4   Minutes of the meeting, including the text of the questions raised and the responses
                given, will be transmitted without delay to all purchasers of the bidding documents.
                The minutes of the pre-bid meeting will form a part of agreement.


                                                                                                        24
      19.5    Non-attendance at the pre-bid meeting will not be a cause for disqualification of a
              bidder.


20.   FORMAT AND SIGNING OF BID:

      20.1    The bidder shall prepare the technical proposal ( DTCN Part-I with required
              information and documents) and the price proposal (DTCN Part-II: the price bid),
              clearly marking each one as: " DTCN Part-I-TECHNICAL PROPOSAL", "DTCN
              Part-II -PRICE PROPOSAL".
      20.2    (i) When an individual makes the application for the tender, the individual
              should sign above his full type written name and current address.
      (ii)    If the tender is put on behalf of any proprietary firm, it shall be signed by the
              proprietor above his full type written name and the full name of his firm with its
              current address.
      (iii)   If the tender is put by a firm in partnership, it shall be signed by all the partners of the
              firm above their full type written names and current address or alternatively, by a
              partner holding power of attorney for the firm, a certified copy of the power of
              attorney shall accompany the application. A certified copy of the partnership deed and
              current address of all partners of the firm shall also accompany the DTCN part-I.
      (iv)    If the application is made by a Private Limited Company or a Corporation, it shall be
              signed by the duly authorised person holding power of attorney for signing the
              application, in which case a certified copy of the power of attorney shall accompany
              the DTCN Part-I. Such Limited company or corporation will be required to furnish
              satisfactory evidence of its existence along with the technical bid in Cover-I.
      20. 3   No tenderer will be permitted to furnish their tender in his own manuscript
               papers. All information should be written in English and strictly in accordance with
              the provision as mentioned in the Tender Schedule. The tender containing extraneous
              conditions by any bidder not covered in the Tender Call Notice are liable for
              rejection. Any change in the wording by the tenderer will not be accepted. The name
              and signature of the tenderer or his authorised representative should appear at the
              bottom of each page of the DTCN and BOQ etc. comprising the Bid documents and
              any other documents / papers contained in the Cover-I and Cover-II.
              The signature of the tenderer on the documents should fairly tally with his specimen
              signature contained in the contractor’s Registration Certificate Book. And, in case of
              authorised representative / Power of Attorney holder, his signature in the legal
              document duly conferring on him the authority to act so, should, tally with his
              signatures on all the above aforesaid documents. The authority inviting the tender
              reserves the right to reject the tender if he genuinely feels the difference in the two
              signatures of the tenderer / power of attorney holder as described above. The bid shall
              contain no alterations, omissions or additions, except those to comply with
              instructions issued by the Employer, or as necessary to correct errors made by the
              bidder, in which case such corrections shall be initialed by the person or persons
              signing the bid.




                                                                                                       25
                                   D. SUBMISSION OF BIDS

21    SEALING AND MARKING OF BIDS:

      21.1   The bidder shall submit the technical proposal (DTCN part-I with all connected
             documents, information and EMD) and the price proposal (DTCN Part-II)in Separate
             envelopes clearly marking each one as: “ DTCN Part-I-TECHNICAL PROPOSAL",
             “DTCN Part-II-PRICE PROPOSAL". Both the separate envelopes shall be put in an
             outer envelop and sealed.
      21.2   The inner and outer envelopes shall:
             (a)     Be addressed to the: Employer at the following address …………………:
                            Executive Officer,
                            Balasore Municipality
                            Tel:06782251222 Fax…06782251222…

             (b)     Bear the following identification:

                   CONSTRUCTION OF DWELLING HOUSES AND INFRASTRUCTURE
                     FACILITIES UNDER I.H.S.D.P. AT ………………………..

                     Bid Reference Number: JNURM/IHSDP/……
                     DO NOT OPEN BEFORE Mention Date & Time
      21.3          The sealed outer envelop containing both the bids shall be sent to the
             following address so as to reach on or before………………….


                            Executive Officer,
                            Balasore Municipality
                            Tel:06782251222 Fax…06782251222Executive Officer

      21.4   In addition to the identification required in Sub-Clause 21.2, the inner envelope shall
             indicate the name and address of the bidder to enable the bid to be returned, unopened
             in case it is declared "late" pursuant to Clause 23.
      21.5   If the outer envelope is not sealed and marked as above, the Employer will assume no
             responsibility for the misplacement or premature opening of the bid.



22.   DEADLINE FOR SUBMISSION OF BIDS:

      22.1   Bids must be received by the Employer at the address specified above no later than
             Mention Date & Time through registered post/ speed post only.
      22.2   The Employer may, at its discretion, extend the deadline for submission of bids by
             issuing an addendum in accordance with Clause 11, in which case all rights and
             obligations of the Employer and the bidders previously subject to the original
             deadline will thereafter be subject to the deadline as extended.


                                                                                                 26
23   LATE BIDS:

     Any bid received by the Employer after the deadline for submission of bids
     prescribed in Clause 21 and 22 will be rejected and returned unopened to the
     bidder.




                                                                                    27
                E.     OPENING & EVALUATION OF TECHNICAL PROPOSAL
24.    OPENING OF TECHNICAL PROPOSAL (DTCN part-I):
               The Employer will open the technical proposals, in the presence of bidders'
               representatives who choose to attend; On Mention Date & Time at the office of the
               Executive Officer ,Balasore Municipality,Balasore, Orissa, India. The bidders'
               representatives who are present shall sign a register evidencing their attendance.
       24.2    The price proposals (DTCN part-II) will remain unopened and will be kept in the safe
               custody of the Employer until the time of bid opening of the price proposals. The time
               and date and location of the bid opening of the price proposals (DTCN Part-II) will be
               intimated to the successful bidders after evaluation of the technical proposals
               (DTCN Part-I).
       24.5    The Employer shall prepare minutes of the bid opening.

25.    PROCESS TO BE CONFIDENTIAL:

Information relating to the examination, clarification, evaluation and comparison of bids and
recommendations for the award of a contract shall not be disclosed to bidders or any other persons
not officially concerned with such process. Any effort by a bidder to influence the Employer's
processing of bids or award decisions may result in the rejection of the bidder's bid.

26     PRELIMINARY EXAMINATION OF TECHNICAL PROPOSAL:
       The Employer will examine the bids to determine whether they are complete, whether the
       documents have been properly signed, whether-the required EMD is included, and whether
       the bids are generally in order. Any bids found to be non-responsive for any reason or not
       meeting the minimum levels of the performance or other criteria specified in the bidding
       documents will be rejected by the Employer and not included for further consideration.

27.    EVALUATION & COMPARISION OF TECHNICAL PROPOSAL

         The Employer will carry out a detailed evaluation of the bids in order to determine whether
         the technical aspects are substantially responsive to the requirements set forth in the
         bidding documents. In order to reach such a determination, the employer will examine the
         information supplied by the bidders and other requirements in the bidding documents,
         taking into account the factors mentioned in clause 4, on a pass or fail basis:

28     INVITATION TO ATTEND OPENING OF PRICE PROPOSALS:
       28.1    At the end of the evaluation of the technical proposals and after receiving the
               approval from competent authority, the Employer will invite bidders who have
               submitted substantially responsive technical proposals to attend the bid opening of the
               price proposals (DTCN part-II). Bidders shall be given reasonable notice of the price
               proposal bid opening.
       28.2    After receiving the approval of competent authority, the Employer will notify Bidders
               that have been rejected on the grounds of being substantially non-responsive to the
               requirements of the bidding documents in writing and return the unopened price
               proposal.


                                                                                                   28
               F.     OPENING AND EVALUATION OF PRICE PROPOSALS

29    OPENING OF PRICE PROPOSALS:
      29.1   The Employer will open the price proposals of successful bidders who submitted
             substantially responsive technical proposals and the time and date at the location to be
             advised to the bidders. The bidder's representatives who are present shall sign a
             register evidencing their attendance.
      29.2   The bidder's names, the Bid Prices, the total amount of each bid, any discounts, and
             such other details as the Employer may consider appropriate, will be announced and
             recorded by the Employer at the opening. The bidder's representatives will be required
             to sign this record.
             Any bid price or discounts not read out and recorded at bid opening shall not be
             considered in bid evaluation.
      29.3   The Employer shall prepare minutes of the bid opening, including the information
             disclosed to those present in accordance with Sub-Clause 29.2.


30.   PROCESS TO BE CONFIDENTIAL

      Information relating to the examination, clarification, evaluation and comparison of bids and
      recommendation for the award of a contract shall not be disclosed to bidders or any other
      persons not officially concerned with such process until the award to the successful bidder
      has been announced. Any effort by a bidder to influence the Employer's, processing of bids or
      award decisions may result in the rejection of the bidder's bid.


31    CLARIFICATION          OF     PRICE      PROPOSALS          AND      CONTACTING           THE
      EMPLOYER:
      31.1   To assist in the examination, evaluation and comparison of price proposals, the
             Employer may, at its discretion, ask any bidder for clarification of its bid. The request
             for clarification and the response shall be in writing or by cable, but no change in the
             price or substance of the bid shall be sought, offered or permitted except as required
             to confirm the correction of arithmetic errors discovered by the Employer in the
             evaluation of the bids in accordance with Clause 32.
      31.2   Subject to Sub-clause 30, no bidder shall contact the employer on any matter relating
             to its bid from the time of opening of price proposals to the time the contract is
             awarded. If the bidder wishes to bring additional information to the notice of the
             Employer, it should do so in writing.
      31.3    Any effort by the bidder to influence the Employer in the Employer’s evaluation of
             price proposals, bid comparison or contract award decisions may result in the
             rejection of the bidder’s bid.




                                                                                                   29
32     PRELIMINARY   EXAMINATION     OF                         PRICE        PROPOSALS            AND
       DETERMINATION OF RESPONSIVENESS:
       32.1   The Employer will examine the bids to determine whether they are complete, whether
              the documents have been properly signed, whether the required security is included,
              whether the bids are substantially responsive to the requirements of the bidding
              documents; and whether the bids provide any clarification and/or substantiation that
              the Employer may require pursuant to Clause 31.
       32.2   A substantially responsive bid is one which conforms to all the terms, conditions and
              requirements of the bidding documents, without material deviation or reservation and
              includes the amendments and changes, if any, requested by the Employer during the
              evaluation of the bidder's technical proposal.
       32.3   If a price proposal is not substantially responsive, it will be rejected by the Employer,
              and may not subsequently be made responsive by correction or withdrawal of the
              nonconforming deviation or reservation.


33     CORRECTION OF ERRORS:
       33.1   Price Proposals determined to be substantially responsive will be checked by the
              Employer for any arithmetic errors. Arithmetic errors will be rectified on the
              following basis. If there will be difference in numeral figure and the word depicting
              the percentage rate, then the “word” will be considered as correct.
       33.2   The amount stated in the Form of Bid for Price Proposal will be adjusted by the
              Employer in accordance with the above procedure for the correction of errors and,
              shall be considered as binding upon the bidder. If the bidder does not accept the
              corrected amount of bid, its bid will be rejected, and the bid security may be forfeited
              in accordance with Sub-Clause 18.4.


34     EVALUATION AND COMPARISION OF PRICE PROPOSAL:

       34.1   The Employer will evaluate and compare only the bids determined to be substantially
              responsive in accordance with Clause 32.
       34.2   Evaluation will be done on the total bid price inclusive of all taxes and duties.
34.3 (a)      The Employer reserves the right to accept or reject any variation or deviation.
              Variations, deviations, and other factors which are in excess of the requirements of
              the bidding documents or otherwise result in the accrual of unsolicited benefits to the
              Employer shall not be taken into account in bid evaluation.
       (b)    If the bid of the technically qualified bidder is substantially below the Employer's
              estimate for the contract, the Employer may require the bidder to produce detailed
              price analyses to demonstrate the internal consistency of those prices. After
              evaluation of the price analysis, the Employer may require that the amount of the
              performance security set forth in Special Conditions of Contract be increased at the
              expense of the successful bidder to a level sufficient to protect the Employer
              against financial loss in the event of default of the successful bidder under the
              Contract. However, if employer feels that with substantially lower quotation, the
              desired quality of work is not possible, than it is at the discretion and right of


                                                                                                     30
       employer to reject such price offer. Under such circumstances, the second lowest
       bidder shall be called for negotiation.
(c).            In case the 1st lowest tenderer or even the next lowest tenderers withdraw in
       series one by one, thereby facilitating a particular tenderer for award, then they shall
       be penalized with adequate disincentives with forfeiture of EMD unless adequate
       justification for such back-out is furnished. Appropriate action for blacklisting such
       tenderers shall also be taken apart from disincentivising the tenderer.




                                                                                            31
                                G.      AWARD OF CONTRACT

35   AWARD:
     Subject to Clause 36, the Employer will award the Contract to the bidder whose bid has been
     determined to be substantially responsive to the bidding documents and who has offered the
     Lowest Evaluated Bid Price, provided that such bidder has been determined to be (i) eligible
     in accordance with the provisions of Clause 3; and (ii) qualified in accordance with the
     provisions of Clause 4.
36   EMPLOYER’S RIGHT TO ACCEPT ANY BID OR TO REJECT ANY OR ALL
     BIDS:
     Notwithstanding Clause 35, the Employer reserves the right to accept or reject any bid, and to
     annul the bidding process and reject all bids, at any time prior to award of Contract, without
     thereby incurring any liability to the affected bidder or bidders or any obligation to inform the
     affected bidder or bidders of the grounds for the Employer's action.
37   NOTIFICATION OF AWARD:
     37.1     Prior to expiration of the period of bid validity prescribed by the Employer, the
              Employer will notify the successful bidder by fax, confirmed by registered letter, that
              its bid has been accepted. This letter (hereinafter and in the Conditions of Contract
              called the “Letter of Acceptance") shall name the sum which the Employer will pay
              the Contractor in consideration of the execution, completion and commissioning of
              the Works by the Contractor as prescribed by the Contract (hereinafter and in the
              Conditions of Contract called “the Contract Price”).
     37.2     The notification of award will constitute the formation of the Contract.
     37.3      Upon the furnishing by the successful bidder of the ISD, the Employer         will
            promptly notify the other bidders that their bids have been unsuccessful and issue “
            Notice to proceed to successful bidder.”
38   SIGNING OF CONTRACT AGREEMENT:
             The bidder / tenderer whose bid has been accepted will be intimated by Regd. Letter
     by the Engineer-in-Charge prior to expiry of the validity period. This letter (hereinafter called
     the “Letter of Acceptance”) will state the sum that the Engineer-in-charge will pay the
     contractor in consideration of the execution and completion of the works by the contractor as
     prescribed in the contract (here-in-after and in the contract called the “Contract Price”).
     The notification of award will constitute the formation of the contract, subject only to the
     furnishing of the Initial Security Deposit in shape of Fixed Deposit Receipt of any
     Nationalised Bank / Kissan Vikash Patra / Post Office Savings Bank Account / National
     Savings Certificate / Postal Office Time Deposit Account /Demand Draft on any Nationalised
     Bank duly pledged in favour of the Executive Officer,Balasore Municipality,Balasore.and in
     no other form. The ISD shall be 2% of the value of the accepted tendered amount (excluding
     EMD already deposited) and sign the agreement in fulfillment of the contract in the office of
     the Municipal Engineer/Executive Officer as directed.
     The security deposit together with the earnest money and the amount of security Deposit
     withheld according to the provision of contact shall be retained as security for the due
     fulfilment of this contract and additional performance security in accordance with the
     provisions of the agreement.



                                                                                                   32
       The successful bidder will sign the agreement in conformity with the conditions of contract
       of DTCN Part-I within 15 (Fifteen) days following the notification of award i.e. “Letter of
       Acceptance” by the Engineer-in-Charge provided that he has deposited the required ISD.

       The DTCN (Part-I(General & Techno-Commercial bid) & Part-II(Price bid)) shall form part
       of the agreement. In addition to the above, the following documents shall also form part of
       the agreement.

     i) Changes suggested, if any/ the decisions taken by the M.E./E.O on the quarries received from
          the intending bidder.
     ii) Negotiations made during price bid evaluation if any
     iii) Any other document as may be found necessary.

       Failure to enter in to the required agreement and to make the security deposit as above shall
       entail forfeiture of the Bid Security (earnest money). No contract (tender) shall be finally
       accepted until the required amount of initial security money is deposited. The security will be
       refunded after Twelve months of successful completion and commissioning of the work
       subject to payment of the final bill and will not carry any interest. The E.M.D. will be
       forfeited in case where tenderers back out from the offer before acceptance of tender by the
       competent authority.

39     CORRUPT OR FRAUDULENT PRACTICES:
       39.1    The Employer requires that bidders/ suppliers/ contractors, observe the highest
               standard of ethics during the procurement and execution of such contracts. In
               pursuance of this policy:
               (a)    Defines for the purposes of this provision, the terms set forth          below as
                      follows:
                      (i)    ”corrupt practices” means behavior on the part of officials in the public
                             or private sectors by which they improperly and unlawfully enrich
                             themselves and/or those close to them, or induce others to do so, by
                             misusing the position in which they are placed, and it includes the
                             offering, giving, receiving, or soliciting of anything of value to
                             influence the action of any such official in the procurement process or
                             in contract execution; and
                      (ii)   “Fraudulent practice” means a misrepresentation of facts in order to
                             influence a procurement process or the execution of a contract to the
                             detriment of the Borrower, and includes collusive practice among
                             bidders (prior to or after bid submission) designed to establish bid
                             prices at artificial non-competitive levels and to deprive the borrower
                             of the benefits of free and open competition;
               (b)    Will reject a proposal for award if it determines that the bidder recommended
                      for award has engaged in corrupt or fraudulent practices in competing for the
                      contract in question;
               (c)    Will declare a firm ineligible, either indefinitely or for a stated period of time,
                      to be awarded


                                                                                                      33
If at any time determines that the firm has engaged in corrupt and fraudulent
practices in competing for, or in executing the contract.


                       *******




                                                                          34
APPENDICES




             35
                                       APPENDIX – A

   EACH MEMBER OF THE CONSORTIUM SHOULD GIVE ALL THE DETAILS FOR
                EACH OF THE FOLLOWING APPENDICES.

  Sr.No.      Name of the Consortium        Role of the   Equity Stake in
                     Member                  Member          Project.




Signature of Contractor
Name of the Contractor
Date
Stamp of Company




                                                                            36
                                                 APPENDIX - B


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


1.       a)       Is the tenderer currently involved                                     Yes / No
                  in any litigation relating to the
                  works.
         b)       If yes: give details:
2.       a)       Has the tenderer or any of its                                         Yes / No
                  constituent partners been debarred/
                  expelled by any agency in India
                  during the last 5 years.
3.       a)       Has the tenderer or any of its                                         Yes / No
                  constituent partners failed to
                  perform on any contract work in
                  India during the last 5 years.
         b)       If yes, give details:
Note:
     If any information in this Appendix is found to be incorrect or concealed, qualification application will be
              summarily be rejected.


                                                                      Signature of the Tenderer




                                                    AFFIDAVIT
                                                 APPENDIX-C

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   I      /     our     firm
         M/s_________________________________________________________ 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 authorised and request (s) any bank, person, firm or Corporation to furnish
         pertinent information as deemed necessary and as requested by the Department 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 the Department.



                                                                      Signature of the Tenderer

                                                                      Title of Officer

                                                                      Name of Firm

                                                                      Date:




                                                                                                                    37
                                      APPENDIX - D

                           Financial Resources in ongoing projects

Sr.No      Description of ongoing    Total cost of    Members            Funds
                  projects          work/contract    contribution    required to be
                                                         (%)          contributed.
  1                   2                   3                4               5




Signature of Contractor
Name of the Contractor
Date
Stamp of Company




                                                                                      38
APPENDIX - E

                             FINANCIAL INFORMATION

Year              Annual Turnover in Rs. Lakhs          Net worth     Net Cash
         Housing       Civil        Other      Total   In Rs. Lakhs   Accruals
         projects   Engineering    Projects                            In Rs.
                     Projects                                          Lakhs
  1         2            3            4         5           6             7




Signature of Contractor
Name of the Contractor
Date
Stamp of Company




                                                                                 39
                                       APPENDIX – F


       EXPERIENCE OF THE CONSTRUCTION OF HOUSING COLONY OF SIMILAR
      NATURE IN SINGLE CONTRACT IN LAST FIVE YEARS AS MAIN ONTRACTOR


                 The value of work should not be less than Rs…………….. lacs .




Sr.    Name of      Nos. of       Name of    Total built    Delay in    Whether Project
No.    Scheme    dwelling units    Client     up area       Months            Under
                  with built up     with                     from       Litigation (Yes
                 area of single   address,                 Scheduled        / No.) &
                 unit including   contact                  Completion   reasons thereof
                   details of     number                     Time
                 infrastructure   and fax
                                    no.




Signature of Contractor
Name of the Contractor
Date
Stamp of Company




                                                                                          40
                                           APPENDIX – G

                    WORKS FOR WHICH BIDS ALREADY SUBMITTED

Descriptio   Place and       Estimated       Stipulated   Date when     Remarks
n of work      State         Value of        period of    decision is    if any
                            works Rs. In    completion     expected
                               Lacs
    1           2                3              4             5           6




  Signature of Contractor
  Name of the Contractor
  Date
  Stamp of Company




                                                                                  41
                                          APPENDIX – H

            Key Technical personnel & Project Manager competence and qualification
                                     (Experience in Year)


                 Team               Name of person     Qualification    Experience in Years
                                                                        (In Required status)

        Project Manager


        Civil Engineer



Note:     Please give required details in curriculum vitae (Appendix O1) for each team members




                                                                                                 42
                                     APPENDIX – I
         Key Technical Personnel & Project Manager Competence and qualification
                                 CURRICULUM VITAE

                Details
      Sr.No
         1.     Name

         2.     Age

         3.     Qualifications

         4.     Experience in Project Related field.

         5.     Other experience

         6.     Employment Record.

      Sr. No.              Period                      Organization           Status
                   From             To




Note:
The contractor’s project Team should consist of persons in the following disciplines.
other civil engineering works;
project management;




                                                                                        43
                                  APPENDIX – J

    DETAILS OF PLANT & EQUIPMENT OWNED BY THE CONTRACTOR


Name of Plants /   Make of Plants /   Details of the   Cost of Plants /    Location
 Equipments         Equipments           RTO            Equipment         where the
                                      registration                         Plants /
                                                                          Equipment
                                                                            located




                                                                                      44
                                         APPENDIX – K

                               Bidder’s Available Credit in Bank


Name of the Bank :

(With address, phone and Fax Nos.)

       Sr. No.        Year               Working Capital limit               Interest rate

                                      Sanctioned           Drawn.         charged by Bank.

          1             2                  3                  4                    5

          1        2001-2002

         .2        2002-2003

         .3        2003-2004

          4        2004-2005

          5        2005-2006

          6        2006-2007


     Details of fund base as well as non-fund based credit available with bank should be furnished

Note: The latest credit facilities available from banks with certified copies to be submitted.




                                                                                                     45
                                       Application Form 1

Structure and Organization

   The applicant is
        a. an individual
        b. proprietary firm
        c. firm in partnership
        d. Limited Company or Corporation
        e. group of firms/consortium (if Yes, give
           completion information in respect of each
           partner)
   Attach the Organization Chart showing the
   structure of the organization including the names of
   the Directors and position of officers
   1.  Number of years of experience :
       as a Prime Contractor (contractor shouldering
            major responsibility in own country other
            countries (specify country)
   2. in a consortium in own country              other
   countries (Specify country)
   3. as a sub-contractor (specify main contractor) in
   own country other countries (Specify country)
   4.     Name and address of any associates the
   applicant has in India (in case the applicant
   happens to be from foreign country) who are
   knowledgeable in the procedures of customs,
   immigration, taxes and other information necessary
   to do the work.
        For how many years has your organization been
        in business of similar work under its present
        name? What were your fields when your
        organization was established? Whether any new
        fields were added in your organization? And if
        so, when?
   5. Were you ever required to suspend construction
   for a period of more than six months continuously
   after you started? If so, give the name of project
   and give reasons therefore.
   6. Have you ever left the work awarded to you
   incomplete? If so, give name of project and reasons
   for not completing work.
   7. In which fields of civil engineering construction
       do you claim specialization and interest?



                                                            46
         Name of ULB BALASORE MUNICIPALITY,BALASORE
                TENDER No.6588 DT.11.7.2008IHSDP



      DETAILED TENDER CALL NOTICE (DTCN) FOR THE WORK “
 CONSTRUCTION OF 120 NUMBER OF DWELLING HOUSES AND
INFRASTRUCTURE FACILITIES UNDER I.H.S.D.P. AT MATHA SAHI
         SLUM OF BALASORE TOWN OF ORISSA”




                NATIONAL COMPETITIVE BIDDING

                    PART-II: PRICE BID




               ESTIMATED VALUE: Rs.2,27,98,621.00



                      EXECUTIVE OFFICER,
                    BALASORE MUNICIPALITY.
                          BALASORE




                                                           47
                  CONTENTS OF THE TENDER DOCUMENT

  Volume    Sect. Part            Description
DTCN       TECHNICAL AND COMMERCIAL
PART-I
             I      1    Letter of submission
                    2    Tender Call Notice
                    3    Instructions to Bidders

            II      1    General Conditions of       Contract     and   Special
                         Conditions of Contract



            III     1    General Specifications
                    2    Technical Specification of Material
                    3    Technical Specification of Civil , PH and Electrical
                         Works

            IV           Annexures
                    1    Applicable code of Concrete
                    2    Applicable code of Building
                    3    Applicable code of Sanitary work
                    4    Applicable code of Structural Steel
                    5    Applicable Standard of Electrical Items
                    6.   Applicable codes for Electrical works
            V            Layout Plan of all Dwelling Units, Detailed Unit Plans,
                         Centre-Line Plan, Floor Layout Plans, Elevations,
                         Sections, Door-Window schedule.


DTCN       PRICE BID
PART-II




                                                                                   48
Name of the Bidder              :

Address                         : ___________________________________
                                  ___________________________________
                                  ___________________________________

Phone No. (Office)              : _________________ (Residence) _________________

Mobile                          : _______________________

To

          The Executive Officer,
          Balasore Municipality,Balasore.


Sub : Tender for the work “construction of Housing Colony for Urban Poor with Allide
      Services and Site Development” under IHSDP/BSUP Scheme.

Sir,

        With reference to above proposed work I/We have visited the site and fully acquainted my
self/ourselves with the local conditions regarding materials, labour and other factors pertaining to the
work before submitting this tender.

        I/We also agree to execute the work specified in the tender document (DTCN Part-I and II)
within the time specified in the accordance with the specifications, design, drawings and instructions
in writing referred in this tender as well as instructions given by Officers of the work from time to
time.



Date :
Place :                                                      SIGNATURE OF BIDDER

Witness :        (1). _____________________________
                 (2) ______________________________




                                                                                                     49
                            BILL OF QUANTITIES
Name of the work: - Constn. of 120 Nos.dwelling houses and infrastructure facilities
under IHSDP at MATHA SAHI Slum of Balasore Town,Orissa

                                          Amount put to Tender:-Rs.2,27,98,621.00.00
                                                            E.M.D. Rs.2,27,986.00.00
                                            Time of Completion :- 12 Calendar Months




                                                              Rate per      Total
Sl.
             Item of work          Quantity           Unit      Unit       Amount
No
                                                              (in Rs.)     (in Rs.)
 1                2                   3                          4            5




                                                                                      50
                                                                         Rate per            Total
Sl.
                  Item of work          Quantity               Unit        Unit             Amount
No
                                                                         (in Rs.)           (in Rs.)
 1                      2                   3                                4                 5




          Total: - …………. items only.    TOTAL ESTIMATED VALUE




I/We am/are willing to carry out the work at ................................................. %
above/below percent (should be written in figures and words) of the estimated rates
mentioned above. Amount of my/our tender works out as under.

Quoted Rate by the Tenderer:-


1.    (                                ) Percentage Excess over the Total Estimated Value


2.    (                                ) Percentage Less over the Total Estimated Value


3.    (                                ) Percentage at Par with the Total Estimated Value




                                                               Contractor

Correction …………..
Overwriting …………
Interpolation ………




                                                                                                       51
                              SCHEDULE OF PAYMENT FOR


                              CONSTRUCTION OF RCC ESR


                                                                         Amount
Sr.
                            Name of work                               Admissible
No.
                                                                      payment in %
 1.    On approval of Design                                               2%
       On completion of excavation, concreting of raft, full shaft
 2.    and braces including staircase upto bottom slab /down                   27%
       level
       Completion of bottom slab or dome, vertical wall or slant
 3.    wall of container with top slab or dome, stair case with                31%
       RCC cabin and door
       Procurement and fixing of of inlet, outlet, washout,
 4     overflow pipe valves specials chambers, lighting arrester               20%
       conductor and specials @ site.
       Water level Indicator, painting of letters, MS ladder pipe,
 5     railing and all miscellaneous items such as snowcem paints              20%
       in three coats etc including water tightness test.
                                                                           100%


Note
       % total cost means cost quoted against RCC ESR in the price bid
       5% amount of bill to be recovered and kept in deposit till successful
       Completion of defect liability period.


I / We agree to abide by the above conditions fully.



                                                         Executive Officer


Signature of Contractor
Name:
Name of company
Company Stamp
Date:




                                                                                     52
                                 SCHEDULE OF PAYMENT


                              CONSTRUCTION OF RCC GSR

                                                                          Amount
Sr.
                             Name of work                               Admissible
No.
                                                                       payment in %
 1.     On approval of Design                                               2%
        On completion of excavation and BASE SLAB, vertical wall
 2.                                                                             38%
        and braces
        Full supporting structure including Column ring, beam and
 3.     completion of top slab/dome, Plastering inside and                      25%
        outside with epoxy etc complete.
        Procurement and fixing of inlet, outlet, washout, overflow
 4.     pipe valves specials chambers, lighting arrester conductor              12%
        and specials @ site.
        Water level Indicator, painting of letters, MS ladder pipe,
        railing and all miscellaneous items such as snowcem
 5.                                                                             23%
        paints in three coats etc (completed with all respect)
        including water tightness test.
Total                                                                       100%


Note
        % total cost means cost quoted against GSR in the price bid
        5% amount of bill to be recovered and kept in deposit till successful
        Completion of defect liability period.


I / We agree to abide by the above conditions fully.



                                                          Executive Officer




Signature of Contractor
Name:
Name of company
Company Stamp
Date:




                                                                                      53
                                 SCHEDULE OF PAYMENT


                         D.I PIPES, C.I PIPE, STONEWARE PIPE


Sr.                                                      % of total cost to be paid on
                    Description of Item
No.                                                      completion of these works
       Manufacture and supply of DI pipes, CI pipe,
 1.    Stoneware pipe with necessary Testing of                      70%
       factory transportation to work site
       Lowering, laying and jointing DI pipe, CI Pipe,
 2.                                                                  20%
       Stoneware pipe.


       Hydraulic testing and satisfactory running of
 3.                                                                  10%
       System
                                                                    100%


Note
       % total cost means cost quoted against this item in the price bid
       5% amount of bill to be recovered and kept in deposit till successful
       Completion of defect liability period.


I / We agree to abide by the above conditions fully.



                                                          Executive Officer



Signature of Contractor
Name:
Name of company
Company Stamp
Date:




                                                                                         54
                                SCHEDULE OF PAYMENT
                         (FOR MECHANICAL & ELECTRICAL WORK)

1      On supply of material brought on site in good condition         65% of quoted rate

2      On erection of equipment.                                       15% of quoted rate

3      On testing and commissioning                                    15% of quoted rate

4      On satisfactory running of plant for 30 days.                   5% of quoted rate

                                Total                                        100%


Note
       % total cost means cost quoted against this item in the price bid
       5% amount of bill to be recovered and kept in deposit till successful
       Completion of defect liability period.


I / We agree to abide by the above conditions fully.



                                                                 Executive Officer



Signature of Contractor
Name:
Name of company
Company Stamp
Date:




                                                                                            55
               SECTION II




GENERAL AND SPECIAL CONDITION OF CONTRACT




                                            56
                                                          TENDER FOR WORKS
                                               I/We hereby tender for the execution for the
                                     ………………..        of     the Works specified in the written
                                     memorandum at the rates specified there in within a period of
                                     …… (………) Year/ …… (………) Months from the date of
                                     issue of work order to commence the work and in accordance
                                     in all respects with the specification, Designs, Drawings and
                                     other documents referred to in DTCN part-I and II. I hereof and
                                     subject to the annexed conditions of contract and with such
                                     materials as are provided for by and in all other resects in
                                     accordance with such conditions so far applicable.

                                                           MEMORANDUM


1.1.1.1.1.1.1.1                                      Agency:

a) if several sub works are
included they should be
detailed in separate list.          a) Name of work:


                                    b) i) Estimated cost       :            Rs.
                                                                 ii) Agreement Value    :          Rs.
b) ISD will be 2% of the            c) Earnest Money (1% of estimated cost):        Rs.
accepted tender value.
                                    d) Initial security deposit (including earnest money) to be deposited
                                        before the commencement of work. ( 2% of accepted tender value)
                              Rs.


                                    e) Percentage to be deducted from each             5% (Five percent)
                                       running bill:-

c)    This    percentage
deduction from bills will            f) Time required for the work from the date of
be credited to the                         Written order to commence……………………….… Months
contractor’s     security
deposit.                                 g) Date of written order to commence:-

                                   h) Total number of woks tendered for ……….... (……………..) items
                               only.




                                                                                                           57
                        RATE AS PER SANCTIONED
Item   Item of work              ESTIMATE          Per
 No                   In figures        In words
                      Rs.      P.




                                                         58
                         RATE AS PER SANCTIONED
          Item of work          ESTIMATE            Per
Item No
                         In figures      In words
                         Rs.        P.




                                                    59
                         RATE AS PER SANCTIONED
          Item of work          ESTIMATE            Per
Item No
                         In figures      In words
                         Rs.        P.




                                                    60
61
                          RATE AS PER SANCTIONED
          Item of work           ESTIMATE             Per
Item No
                          In figures      In words
                         Rs.         P.




                                                     62
                      RATE AS PER SANCTIONED
Item   Item of work          ESTIMATE          Per
 No                   In figures    In words
                      Rs.      P.




                                               63
     Total estimate value of the work:       Quoted Rate by             Agreement Value
                                             the Tenderer

Part –I (Civil work) - Rs.5781038.00         3% (Three)
(Rupees Fifty-seven –o                       Excess


ne Thousand and Thirty-eight) only

              TOTAL :    ……. (……………………………) ITEMS ONLY.

              N.B. : Vat, Income Tax, Royalties as applicable will be deducted from the bill of the
              contractor.




                                                                                             64
                                Should this tender be accepted I/We hereby agree to
                           abide by and fulfill all the terms and provisions of the said
                           conditions of contract annexed here to so far as applicable,
                           or in default thereof to forfeit and pay to the ……………… of
                           Orissa or his successors in office, the sum of money
                           mentioned in the said conditions.


   Signature     of         Dated the                          Day of                20
 contractor
                                                   Witness:-


*     Signature     of   Address:-
witness      to    one
tenderer’s signature.
                         Occupation:-

                           The above tender is hereby accepted by me on behalf of the
                           Governor of
                           Orissa.

                                CONDITIONS OF CONTRACT
  Signature of the
officer by whom                     Clause 1: All Compensation or other sum of
accepted.                     money payable by the contractor to ULB under
                              the term of this contract may be deducted from,
                              or paid by, the sale of a sufficient part of his
                              security deposit or from the interest arising there
                              from, or from any sums which may be due or may
                              become due to the contractor by ULB on any
                              account whatsoever and in the event of his
                              security deposit being reduced by reason of any
                              deduction or sale as aforesaid, the contractor shall
                              within 10 days thereafter make good in cash or
                              ULB securities endorsed as aforesaid any sum or
                              sums which may have been deducted from or
                              raised by, sale of the security deposit or any part
                              thereof.
                                         Dated the                     Day of
                             20




                                                                                           65
b) if there are possibilities of exceeding this compensation amount
as mentioned in clause (a) 10% of the estimated cost, or in any case
in which under any clause or clauses of the contract, the contractor
shall have rendered himself liable to pay compensation amounting to
the whole of his security deposit in the hands of ULB (Whether paid
in the sum or deducted by installments ) the Municipal Engineer on
behalf of the ULB, shall have power to adopt any of the following
course, as he may deem best suited to the interest of the ULB.
i)   To rescind the contract (of which rescission notice in writing to the                Rescission of
contractor under the hands of Municipal Engineer shall be conclusive                           contract
evidence), 20% of the value of leftover work will be realized from the
contractor as penalty.
In the event of above course being adopted by the Municipal Engineer the
                                                                              Contractor remains liable
contractor shall have no claim to compensation for any loss sustained by       to pay compensation if
him by reason of his having purchased or procured any materials, or            action not taken under
                                                                                      clause - 1
                                        Clause –2 (a) : The time allowed
                       for carrying out the work as entered in the tender
                       shall be strictly observed by the contractor and
                       shall be reckoned from the date on which the
                       written order to commence work is given to the
                       contractor. The work shall throughout the
                       stipulated period of the contract, be carried on
                       with all due diligence (time being deemed to be of
                       essence of the contract of the part of the
                       contractor) and the contractor shall pay, as
                       compensation, an amount equal to ½ percent on
                       the amount of the estimated cost, if the whole
                       work as shown by the tender for every day that
  Compensation         the work remains un-commenced, or unfinished
  for delay.           after the proper dates (The work should not be
                       considered finished until such date as the
                       Municipal Engineer shall certify as the date on
                       which the work is finished after necessary
                       rectification of defects as pointed out be the
                       Municipal Engineer or his authorized agents, are
                       fully complied with by the contractor to the
                       Municipal Engineers satisfaction). And further, to
                       ensure good progress during the execution of the
                       work the contractor shall be bound, in all cases in
                       which the time allowed for any work exceeds
                       one month; to complete one-fourth of the whole
                       of the work before one fourth of the whole time
                       allowed under        the contract has elapsed, one
                       half of the work before one half of such time has
                       elapsed, and three fourth of work before three
                       fourths of such time has elapsed, in the events of
                       the contractor failing to comply with the condition,
                       he shall be liable to pay as compensation an
                       amount equal to one-third percent on the said
             estimated cost of the whole work for
             everyday that the due quantity of work
             remains incomplete. Provided always that
             the entire amount of compensation to be
             paid under the provisions of this clause                                      66
             shall not exceed 10 percent on the
             estimated cost of the work as shown in the
             tender.
       entered in to any engagement, or made any advances on account of
       or with a view to, the execution of the work or the performance of
       the contract. And in case the contract shall be rescinded under the
       provision aforesaid, the contractor shall not be entitled to recover or
       be paid any sum for any work thereto for actually performed under
       this contract, unless and until the Municipal Engineer shall have
       certified in writing the performance of such work and the value
       payable in respect thereof and he shall only be entitled to be paid
       the value so certified.
       ii)    Security deposit of the contractor shall be refunded only twelve months            Refund of Deposit
       after the date of completion of the work provided the final bill has been paid
       and defects, if any rectified.
       Clause 3- In any case in which any of the powers, conferred upon the
       Municipal Engineer by clause 2 hereof shall have become exercisable
       and the same shall not be exercised. The non-exercise thereof shall
       not constitute a waiver of any of the conditions hereof and such
       powers shall not withstanding be exercisable. In the event of any
       future case of default by the contractor of which by any clause or
       clauses hereof he is declared liable to pay compensation amounting to the
       whole of his security deposit, and the liability of the contractor for the past   Power to take possession
                                                                                         of or required removal of
       and future compensation shall remain unaffected. In the Event of the              or sell contractor’s plants.
       Municipal Engineer putting in force the powers vested with him under the
       preceding clauses he may, if he so desires, take possession of all or any
       tools, plants, materials and stores, in or upon the works, or the site
       thereof or belonging to the contractor, or procured by him and
       intended to be used for the execution of the work or any part of
       thereof, paying or allowing, for the same in the account at the
       contract rates, or in case of these not being applicable, at current
       market rates to be certified by the Municipal Engineer whose certificate
       thereof, shall be final otherwise the Municipal Engineer may be
       notice or writing to the contractor or his clerk of the works,
       foremen or other authorised agent require him to remove such
       tools, plants, materials stores from the premises (within a time to be
       specified in such notice); and in the event of the contractor failing to
       comply with any such requisition, the Municipal Engineer may remove
       them at the contractor's expenses or sell them by auction or private
       sale on account of the contractor and at his risk in all respects, and the
       certificate of the Municipal Engineer as to the expenses of any such
       removal and the amount of the          Proceeds and expenses of any
       such sale shall be final and conclusive against the contractor.
                                  Clause 4 -If the contractor shall desire an extension of the
Extension of time.    time for completion of the work, on the ground of his having been
                      unavoidable hindered in its execution or any other ground, he shall apply
                      in writing to the Municipal Engineer within 30 days of the date of the
                      hindrance on account of which he desires such extension as aforesaid
                      and the Municipal Engineer shall, if in his opinion (which shall be final)
                      reasonable grounds be shown thereof, authorize such extension of time,
                      if any, as many in his opinion, be necessary or proper. The Municipal



                                                                                                        67
                             Engineer shall at the same time inform the contractor whether he claims
                             compensation for delay.

                                        Clause 5- On completion of the work, the contractor shall be
  Final Certificate.
                             furnished with a certificate by the Municipal Engineer (here-in- after call
                             the Engineer in charge) of such completion, but no such certificate be
                             given nor shall the work be considered to be completed until the
                             contractor shall have removed from the area of the premises to be
                             distinctly marked by the Municipal Engineer in the site plan on which the
                             work shall be executed, all scaffolding, surplus materials and rubbish,
                             and cleaned off the dirt from all wood-work, doors, windows, floors or
                             other part of any or about which the work is to be executed, or of which
                             he may have possession for the purpose of the execution thereof nor
                             until the work shall have been measured by the Officer of the ULB in
                             accordance with the rules of the department whose measurements shall
                             be binding and conclusive against the contractor. If the contractor shall
                             fail to comply with the requirements of this clause as to removal of
                             scaffolding, surplus materials and rubbish, and cleaning off dirt on or
                             before the date fixed for the completion of the works, the Engineer-in-
                             Charge may at the expense of the contractor remove such scaffolding,
                             surplus materials and rubbish and dispose of the same as he thinks fit
                             and clean off such dirt as aforesaid, and the contractor shall forth-with
                             pay the amount of all expenses incurred, and shall have no claim in
                             respect on any such scaffolding or surplus materials as aforesaid, except
                             for any sum actually realized by the sale thereof.

                                        Sub-Clause 5- If in the opinion of the Engineer-in-charge,
                             which shall be final and binding on the contractor, occupation or
                             utilization of a portion of the work completed in no way interferes with
                             progress of the work, the same may be occupied or utilized by on
                             behalf of the ULB, under the written order of Engineer-in-charge and to
                             get the defects, if any rectified by the contractor at his (contractor) own
                             cost within six months from the date of completion of the whole work
                             provided that the contractor will not be allowed any concession either in
                             the shape of extension of stipulated period or any other monetary
                             compensation on account of such occupation or use.

Payment on intermediate      Clause 6- A bill shall be submitted by the contractor each month on or
certificate to be regarded   before the date fixed by the Engineer-in-charge for all works executed
as advances and bill to be
   submitted monthly.        in the pervious month, and the Engineer-in-charge or his subordinate
                             shall take the requisite measurement

          for the purpose of having the same verified and the claim, as far as
          admissible, adjusted, if possible before the expiry of ten days from


                                                                                                           68
the presentation of the bill. If the contractor does not submit the bill
within the time fixed as aforesaid the Engineer-in-charge or his
subordinate shall measure up the said work in the presence of the
contractor whose countersignature of the measurement list will be
sufficient warrant, and the Engineer-in-charge or his subordinate
shall prepare a bill from such list which shall be binding on the
contractor in all respects.

             Provided that, if any balance of the 7% or 5% as the
case may be security is outstanding from each such payment shall be
deducted so such, not exceeding 5% as may be necessary to make
up the balance of the security. All such intermediate payments to
the contractor shall be regarded as payments by way of advance
against the final payments only and not as payments for work
actually done and completed, and shall not preclude the requiring
of bad, unsound and imperfect or unskillful work to be removed
and taken away and reconstructed or re-erected, or be considered
as an admission of the due performance of the contract, or any part
thereof in any respect, or the actual of any claim nor shall it
conclude, determine, of effect in any way the powers of the
Engineer-in-charge under these conditions or any of them as to the
final settlement or adjustment of the accounts or otherwise or in any
other way very or affect the contract. Bill for this work shall be
prepared at the estimated rates for individual items only and the
percentage excess/less will be added/subtracted from the gross
amount of the bill.


              Clause 7- The final bill shall be prepared by the officer
of the ULB in accordance with the rules of the department in the
presence of the contractor within one month of the date fixed for
completion of the work.
                              Clause 8 - If the specification or estimate of the     Stores   supplied   by
work provides for the use of any special description of material to be             ULB

supplied from the Engineer-in-charge's store, or it is required that the
contractor shall use certain stores to be provided by the Engineer-in-
charge under the conditions of this contract (such materials and
stores, and the prices to be charged thereof as hereinafter
mentioned being so far as practicable for the convenience of the
contractor, but not so as in any way to control the meaning or
effect of this contract are specified in the schedule or memorandum



                                                                                               69
  hereto annexed), the contractor shall be supplied with such materials
  and stores noted in the annexed schedule as are required from
  time to time to be used by him for purpose of the contract only and
  the value of the full Quantity of materials and stores so supplied at
  the rates specified in the said schedule may set off or deducted
  from any sums then due, or thereafter to become due to the
  contractor under the contract or otherwise or against or from the
  security deposit, or the proceeds of sales thereof, if the same is
  held in ULB securities, the same or a sufficient portion thereof being
  in this case sold for the purpose. All materials supplied to the
  contractor shall remain the absolute property of ULB and shall not
  on any account be removed from the site of the work, and shall at all
  times be open to inspection by the Engineer-in-charge. Any such
  materials used and in perfectly good condition at the time of the
  completion or determination of the contract shall be returned to the
  Engineer-in-charge’s store, at the prevailing market rate or at the
  issue rate whichever is less if by a notice in writing under his hand
  he shall so require, but the contractor shall not be entitled to return
  any such materials, unless with such consent, and shall have no
  claim for compensation on account of any such materials so supplied
  to him as aforesaid being unused by him, or for any wastage in or
  damage to any such materials.

Clause 8 (a)-If a contractor removes any material or stock so supplied
to him from the site of the work in contravention of the provisions of
this clause with a view to dispose of the same dishonestly, he shall, in
addition to any other liability, civil or criminal, arising out of this
contract be liable to pay a penalty equivalent to five times the price of
the said materials of stock, according to the stipulated rate. The
penalty so imposed shall be recoverable from any sum that may be
then, or at any time thereafter may become due to the contractor, or
from his security deposit, or the proceeds of sale thereof.

                             Clause 8 (b)- Owing to difficulty in obtaining certain
materials in the open market the ULB have undertaken to supply materials specified in the
schedule here to annexed. There may be delay in obtaining materials by the ULB and
the contractor is therefore, required to keep himself in touch with the day today-position
regarding the supply of materials from the Engineer-in-charge and to so adjust the
progress of the work that their labour may not remain idle nor may there be any other
claim due to or arising from delay in obtaining the materials. It should be clearly
understood that no monetary claim what so ever shall entertained by the ULB on account



                                                                                             70
         on delay in supplying materials However, extension of time for completion of work can be
         granted on timely application by the contractor vide also Clause-4.

                                         Clause 9 - The contractor shall execute the whole and
                              every part of the work in the most substantial and workman like manner
 Works to be executed in      and both as regards materials and otherwise in every respect in strict
     accordance with
specification, drawing and    accordance with the specifications. The contractor shall also confirm
        orders etc.           exactly, fully and faithfully to the designs, drawings and instructions in
                              writing relating to the work signed by the Engineer-in-charge and lodged
                              in his office and to which the contractor shall be entitled to have access
                              at such office, for the purpose of inspection during office hour and the
                              contractor shall, if he so requires be entitled at his own expenses to
                              make or cause to be made

                      copies of the specifications, and of all such designs,
           drawings and instructions as aforesaid.




                             Clause 10 - The Engineer-in-charge shall have power to               Do not invalidate
                                                                                                      contract.
           make any alterations in or additions to the original specifications, drawings
           designs and instructions that may appear to him necessary and
           advisable during the progress of work, and the contractor shall be
           bound to carry out the work in accordance with any instructions which may
                                                                                                  Extension of time in
           be given to him in writing duly signed by the Engineer-in-charge and such                consequence of
                                                                                                      alterations.
           alteration shall not invalidate the contract and any additional work which the
           contractor may be directed to do in the manner above specified as
           part of the work shall be carried out by the contractor on the same
                                                                                                 Rates of work not in
           conditions in all respects on which he agrees to do the main work, and at            estimate or schedule of
                                                                                                    rates of district.
           the same rates as are specified in the tender for the main work. The time
           for the completion of the work shall be extended in the proportion
           that the additional work bears to the original contract work and the
           certificate of the Engineer-in-charge shall be conclusive as to such
           proportion. And if the the additional work includes any class of work
           for which no rate is specified in this contract, then such class of
           work shall be carried out at the rates entered in the sanctioned
           schedule of rates of the locality during the period when the work is
           being carried on and if such last mentioned class of work is not
           entered in the schedule of rates of the district then the contractor
           shall within seven days of the date of his receipt of the order to
           carry out the work inform the Engineer-in-charge of the rate which
           it is his intention to charge for such class of work, and if the


                                                                                                            71
           Engineer-in-charge does not agree to this rate he shall by notice in
           writing be at liberty to cancel his order to carry out such class of work
           and arrange to carry it out in such manner as he may consider
           advisable.

                                No deviations from the specification stipulated in the
           contract nor additional items of work shall ordinarily be carried out
           by the contractor, nor shall any altered, additional or substituted work
           be carried out by him, unless the rates of the substituted, altered or
           additional items have been approved and fixed in writing by the
           Engineer-in-charge. The contractor shall be bound to submit his
           claim for any additional work done during any month on or before
           the 15th day of the following month accompanied by a copy of the
           order in writing of the Engineer-in-charge for the additional work
           and that the contractor shall not be entitled to any payment in
           respect of such additional work if he fails to submit his claim within
           the aforesaid period.

                                Provided always that if the contractor shall commence
           work or incur any expenditure in regard thereof before the rates
           shall have been determined as lastly hereinbefore mentioned, in
           such case he shall only be entitled to be paid in respect of the work
           carried out or expenditure incurred by him prior to the date of the
           determination of the rates as aforesaid according to such rate or
           rates as shall be fixed by the Engineer-in-charge . In the event of a
           dispute.            the     decision     of   the   Executive   Officer,Balasore
           Municipality,Balasore will be final.

    No compensation for                           Clause 11 -It at any time after the commencement of the
alteration in or restriction
of work to be carried out.           work the ULB shall for any reason whatsoever not require the whole
                                     thereof as specified in the tender to be carried out the Engineer-in-
                                     charge shall give notice in writing of the fact to the contractor who
                                     shall have no claim to any payment or compensation whatsoever on
                                     account of any profit or advantage, which he might have derived from
                                     the execution of the work in full but which he did not derive in
                                     consequence of the full amount of the work not having been carried out
                                     neither shall he have any claim for compensation by reason on any
                                     alternation having been made in the original specification drawings,




                                                                                                              72
                          designs and instruction which shall involve any curtailment of the work
                          as originally contemplated.

Action and compensation              Clause 12 - If it shall appear to the Engineer-in-charge or
 payable in case of bad
         work.            his subordinate- in -charge of the work, that any work has been
                          executed with unsound, imperfect or unskilful workmanship or with
                          materials of any inferior description, or that any materials or articles
                          provided by him for the execution of the work are unsound or of a quality
                          inferior to that contracted for or otherwise not in accordance with the
                          contract, the contractor shall on demand in writing from the Engineer-
                          in-charge specifying the work materials or articles complained of
                          notwithstanding that the same may have been inadvertently passed
                          certified and paid of, forthwith rectify or remove and reconstruct the
                          work so specified in the whole or in part, as the case may require, or as
                          the case may be, remove the materials or articles so specified and
                          provide other proper and suitable materials or at his own proper charge
                          and cost, and in the event of his failing to do so within a period to be
                          specified by the Engineer-in-charge in his demand aforesaid, then the
                          contractor shall be liable to pay compensation at the rate of one
                          percent on the amount of the estimate for every day not exceeding ten
                          days, while his failure to do so shall continue and in the case of any
                          such failure the Engineer-in-charge may rectify or remove, and re-
                          execute the work or remove and replace with others, the materials or
                          articles complained of as the case may be at risk and expense in all
                          respect of the contractor.




                                                                                                      73
             Clause 13- All work under or in course of execution or              Works to be open to
                                                                                    inspection.
executed in pursuance of the contractor shall at all times be open to the
inspection or supervision of the Engineer-in-charge and his subordinates and
the contractor shall at all times during the usual working hours, and at
all other times at which reasonable notice of the intention of the
Engineer-in-charge or his subordinate to visit the work shall have been        Contractor or responsible
                                                                                  Agents to be present.
given to the contractor either himself be present to receive orders and
instruction or have a responsible agent duly accredited in writing present
for that purposes 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.


             Clause 14-The contractor shall give not less than five
day's notice in writing to the Engineer-in-charge or his subordinate-
in-charge of the work before covering up or otherwise placing beyond the
reach of measurement any work in order that the same may be measured           Notice to be given before
                                                                                 work is covered up.
and correct dimensions thereof be taken before the same is so covered up
or placed beyond the reach of measurement and shall not cover up or
place beyond the reach of measurement, any work without the
consent in writing of the Engineer-in-charge or his Subordinate-in-
charge of the work and if any work shall be covered up or placed
beyond the reach of measurement without such notice having been
given or consent obtained, the same shall be uncovered at
contractor expense, or in default there of on payment or allowance
shall be made for such work or the materials with which the same
was executed.


             Clause 15- If the contractor or his work people, or servants
                                                                                Contractor liable for
shall break, deface, injure or destroy any part of a work; in which they may    damage done and for
be working or any building, road, fence, enclosure, or grass land or             imperfection and 3
                                                                               months after certificate.
cultivated ground continuous 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 from any cause whatever or any imperfection become
apparent in it within 3 months from the date of final certificate of its
completion shall have been given by the Engineer-in-charge as
aforesaid the contractor shall make the same good at his expense,
or in default, the Engineer-in-charge may cause the same to be
made good by other workmen, and deduct the expense(of which the



                                                                                            74
              certificate of the Engineer-in-charge shall be final ) from any sums
              that            may        be        then,        or       at        any
              time thereafter may become due to the contractor, or from his
              security deposit or the proceeds of sale thereof, or of a sufficient
              portion thereof and the contractor shall be liable to pay any part of the
              expenses not so recovered by the Engineer-in-charge.



Contractor to supply plant,
 ladder, scaffolding etc.                 Clause 16 - The contractor shall supply at his own cost all
                                materials (except such special material, if any, as may in accordance
                                 with                            the                              contract,
                                 be supplied from the Engineer-in-charge's stores ), plant, tools
                                 appliances, implements, ladders cordage, tackle scaffolding the
                                 temporary works requisite or proper for the proper execution of the
                                 work, whether original, altered or substituted, and whether included
                                 in-the specification or other documents forming part of the contractor
                                 referred to in these conditions or not or which may be necessary for
                                 the purpose of satisfying or complying with the requirement of the
                                 Engineer-in-charge as to any matter as to which under this conditions,
                                 he is entitled to be satisfied, which he is entitled, to require together
                                 with carriage therefore to and from the work. The contractor shall also
                                 supply without charge the requisite number of persons with the means
                                 & materials necessary for the purpose of setting out works, and
                                 counting, weighting and assisting in the measurement or examination at
                                 any time & from time to time of the work or materials. Failing his so
                                 doing the same may be provided by the Engineer-in-charge at the
                                 expenses of the contractor and the expenses may be deducted from
                                 any money due to the contractor under the contract or from his
    Add in liable for damages    security deposit or the proceeds of sale thereof, or of a sufficient
       arising from non-
      provision of lights,       portion thereof. The contractor shall also provide all necessary fencing
          fencing etc.
                                 and lights required to protect the public from accident and shall be
                                 bound to bear the expenses of defense of every suit, action or other
                                 proceedings at law that may be brought by any person for injury
                                 sustained owing to neglect of the above precautions, and to pay any
                                 damages and cost which may be awarded in any such suit, action or
                                 proceedings to any such persons or which may with the consent of the
                                 contractor be paid to compromise any claim by any such person.




                                                                                                              75
                                        Clause 17-(a) No female labour shall be employed within
                             the limits of a cantonment.

                                        The contractor shall not employ for the purpose of his
                             contract any person who is below the age of twelve years, and shall pay
                             to each labourer for the work done by such labourer, wages not less
                             than the wages paid for similar work in the neighbourhood.

                                        The Municipal Engineer shall have the right to enquire into and
                             decided any complaint alleging that wages paid by the contractor to any
                             labourer for the work done by such labourer is less than the wages paid
                             for similar work in the neighbourhood.

                                        The Officer-in-Charge of the work shall have the right to
                             decide whether any labour employed by the contractor is below the age
                             of twelve year and to refuse to allow any labourer whom he decides to
                             be below the age of twelve years, to be employed by the contractor.

                          (b)     The contractor shall deploy atleast one graduate civil         Works to be open to
           Engineer and two diploma Engineers with minimum five years experience              inspection.

           in relevant filed for execution of the project. The period of deployment will
           commence within one month after the date of work order and
           would last till the date when work is completed.

                          Each bill of the contractor shall be accompanied by the
           employment roll of the Engineering personnel together with a
           certificate of the Graduate engineer or Diploma holder so employed
           by the contractor to the effect that the work executed as per the bill
           has been supervised by him.

                                      Clause 18- The contract shall not be assigned or           Works    not   to   be
           sublet without the written approval of the Engineer-in-Charge. And if the          sublets.

           contractor shall assign or sublets, his contract, or attempt to do so, or
           become insolvent or commence any insolvency proceeding or make
           any composition with his creditor, or attempt to do so, or if any
           bribe; gratuity, gift, loan, perquisite, reward or advantage,
           pecuniary or otherwise, shall either directly or indirectly be given,
           promised or offered by the contractor, or any of his servants or
           agents to any public officer or person in the employ of Government
           in any way relating to his officer or employment, or if any such
           officer or person shall become in any way directly or indirectly
           interested in the contract, the Municipal Engineer may there
           upon by notice in writing rescind the contract and

                                        the security deposit of the contractor shall thereupon stand
    Contractor   may    be
rescinded and security       forfeited and be absolutely at the disposal of ULB and the same
deposit forfeited for sub-
letting, bribing or if
contractor        becomes                                                                                  76
insolvent.
                              consequence shall ensure as if the contract had been rescinded under
                              clause-2 hereof and in addition the contractor shall not be entitled to
                              recover or to be paid for any work therefore actually performed under
                              the contract.

  Sum payable by way of                 Clause 19- All sums payable by way of compensation under
  compensation   to    be
  considered    as      a     any of these conditions shall be considered as reasonable compensation
  reasonable compensation
  without reference to        to be applied to the use of ULB without reference to the actual loss or
  actual loss.                damage sustained, and whether or not any damage shall have been
                              sustained

                                          Clause 20-ln the case of tender by partners, any change in
   Changes in                the constitution of the firm shall be forthwith notified by the contractor to
constitution of firm.
                             the Engineer-in-charge for his information.

                                          In case of failure to notify the change in the constitution
                              within fifteen days, the Engineer-in-charge may by notice in writing
                              rescind the contracts and the security deposit of the contractor shall
                              thereupon stand forfeited and be absolutely at the disposal of
                              Government and the same consequences shall ensure as if the contract
                              had been rescinded under clause-2 hereof and in addition the
                              contractor shall not be entitled or recover to be paid for any works
                              therefore actually performed under the contract.



                                          Clause 21- All works to be executed under the contract
                              shall be executed under the direction and subject to the approval in all
                              respect of the …………………………. for the time being who shall be
                              entitled to direct at what point or points and in what manner they are to
                              be commenced and from time to time carried on.

                                          Clause 22- When the estimate on which a tender is made
   Lump sums in estimates.
                              include lump sums in respects of parts of the work, the contractor shall
                              be entitled to payment in respect of the items of work involved or the
                              part of the work in question at the same rates as are payable under this
                              contract for such items, or if the part of the work in question is not, in
                              the opinion of the Engineer-in-charge capable of measurement, the
                              Engineer-in-charge may by his discretion pay the lump sum amounts
                              entered in the estimate and the certificate in writing of the Engineer-in-
                              charge shall be final and conclusive against the contractor with regard
                              to any sum or sums payable to him under the provision of this clause.

       Action where no                    Clause 23- In the case of any class of work for which there
        specification.
                              is no such specification as is mentioned in DTCN Part-I and II, such work


                                                                                                             77
               shall be carried out in all respects in accordance with the instructions
               and requirements of the Engineer-in-charge.

             Clause 24- The expression "works" or "work" where used             Definition of works.
in these conditions shall, unless there be something either in the subject
or context repugnant to such construction, be construed and taken to
mean the works by or by virtue of the contract contracted to be
executed, whether temporary or permanent, and whether original,
altered, substituted or additional

             Clause 25- ULB shall be entitled to recover in full from
the contractor any amount that the ULB may be liable to pay under
workman's Compensation Act. VIII of 1923, to any workmen
employed in course of execution of any part of the work covered by
these contracts.

             Clause 26-That for the purpose of jurisdiction in the
event of dispute if any, the contract should be deemed to have been
entered into within the State of Orissa and it is agreed that neither
party to the contract or agreement will be competent to bring a suit
in regard to the matters covered by this contract at any place
outside the State of Orissa.

             Clause 27- The ULB will have the right to inspect the
scaffolding and centering made for the work and can reject partly or
fully such structure if found defective in their opinion.

             Clause 28- Sanitary arrangements will be made by
the contractor at his own cost for his labour camp.

             Clause 29- The contractor shall bear all taxes
including sales tax, income tax, royalty, fair-whether charges and
tollage, where necessary.

             Clause 30 After the work is finished all surplus materials and debris
are to be removed by the contractor and preliminary works such as vats, mixing
platforms, etc. are to be dismantled and all materials removed from site. The
ground up to 100'- 0" wide from the dwelling units, buildings should be cleared
and dressed.

                              FAIR WAGE CLAUSE

             Clause 31(a)- The contractor shall not employ for the purpose of
this Contract any person who is below the age of twelve years and shall pay to each
labourer for work done by such labourers fair wages.
              Explanation - "Fair Wages ", means wages whether for time or piece
work prescribed by the State Public works department provided that where higher


                                                                                          78
rates have been prescribed under the minimum wages Act. 1948 wages at such
higher rates should constitute fair wages.
               The Municipal Engineer shall have the right to enquire into and decide
any complaints alleging that wages paid by the contractors to pay labourer for work
done by such labourer is less than the wages as per the sub-paragraph (1) above.
               (b)      The contractor shall notwithstanding the provisions of any
contract to contrary, cause to be paid a fair wages to labourers indirectly engaged on
the work including any labour engaged by his sub contractors in connection with the
said work, as if the labourers had been immediately employed by him.
               (c)      In respect of all labour directly or indirectly employed in the
works for the performance of the contractor's part of this agreement, the
contractor shall comply with or cause to be complied with all regulations made by
Government in regard to payment of wage period deductions from wages, recovery
of wages not paid and deductions unauthorisedly made, maintenance of wage
register, wage cards, publications of scale of wages and other terms of
employment, inspection and submission of periodical return and all other matters
of a like nature.
               (d)      The Municipal Engineer concerned shall have the right 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 reason of
non-fulfillment of conditions of the contract for the benefit of the workers, non-
payment of wages or of deductions made from his or their wages, which are not
justified by their terms of the contract or non-observance of the regulations. Money
so deducted should be transferred to the workers concerned.
               (e)      Vis-a-vis, the ULB, the contractor shall be primarily liable for
all payments to be made under and for the observance of the regulations
aforesaid without prejudice to his right to claim indemnity from his sub-
contractor.
               (f)      The regulations aforesaid shall be deemed to be a part of
this
contract and any breach thereof shall be breach of this contract.


  Orissa P.W.D. Electricity Department Contractor's Labour Regulation.
1.            Short Title - These regulations may be called "The Orissa Public
Works Department /Electricity Department Contractor's Regulations."
2.            Definitions - In these Regulations, unless otherwise expressed or
indicated the following words and expressions shall have the meaning hereby
assigned to them respectively that is to say -
              (1)    "Labour" means worked employed by a contractor of the
Orissa Public Works Department / Electricity Department directly or indirectly through
a sub-contractor or other person, by an agent on his behalf




                                                                                           79
              (2)     "Fair wages" means wages whether for the time of piece work
described by the State Public Works Department / Electricity Department for the
area in which the work is done.
              (3) “Contractor” shall include every person whether a sub-contractor
or headman or agent employing labour on the work taken on contract.
              (4) "Wages" shall have the same meaning as defined in the Paymetn
of wages Act, and include time and pice rate wages, if any.
3.            Display of notices regarding wages, etc.
The contractor shall
              (a)   before he commences his work on contract display and correctly
maintain and continue to display and correctly maintain, in a clean and legible
condition, in conspicuous places on the work, notices in English and in the local
Indian language spoken by the majority of the workers, giving the rate of wage
prescribed by the State Public Works Department / Electricity Department for the
district where the work is done.
              (b) Send a copy of such notices to the Engineer-in-charge of the
work.
4.            Payment of Wages--
              (1) Wages due to every worker shall be paid to him direct.
              (2) All wages shall be paid in current coin or currency or in both.
5.            Fixation of wage period-
              (1) The contractor shall fix the wage period in respect of which the
                    wages be payable.
              (2) No wage period shall exceed one month.
              (3) Wages of every workman employed on the contract shall be paid
before the expiry of the days, after the last day of the wage period in respect of
which the wages are payable.
              (4) When the employment of any worker is terminated by or on
behalf of the contractor, the wages earned by him shall be paid before the expiry
of the day succeeding the one on which his employment is terminated.
              (5) All payments of wages shall be made on working day.

6.          Wage book and wage cards, etc-
            (1) The contractor shall maintain a wage book of each worker in such
forms as may be convenient, but the same shall include the following particulars-
            (a) Rate of daily or monthly wages.
            (b) Nature of work on which employed.
            (c) Total number of days work during each wage period.
            (d) Total amount payable for the work during each wage period.
            (e) All deductions made from the wages with an indication in each
                case of the ground for which the deduction is made.
            (f) Wages actually paid for each wage period.
           (2) The contractor shall also maintain a wage card for each worker
employed on the work.




                                                                                     80
              (3) The Municipal Engineer may grant an exemption from the
maintenance of wage bond, wage cards to a contractor who, in his opinion may
not directly or indirectly employ more than 10 persons on the work
7.           Fines deduction which may be made from wages-
             (1) The wages of a worker shall be paid to him without any deduction
of any kind except the following-
             (a)    Fines
            (b) Deductions for absence from duty, i.e., from the place or places
where by the terms of his employment he is required to work. The amount of
deductions shall be in proportion to the period for which he was absent.
            (c)  Deductions for damage to or loss of good expressly entrusted to
the employed person for custody or for loss of money for which he is required to
account where such damage or loss is directly attributable to his neglect or default.
             (d)    Any other deductions which the ULB may from time to time allow.
             (2) No fines shall be imposed on a worker and no deduction for
damage or loss shall be made from his wages until the workers has been given an
opportunity or showing cause against such fines or deduction.
            (3) The total amount of fines which may be imposed in any one
wage period on a work shall not exceed an amount equal to five paisa in rupees of
the wages payable to him in respect of that wage period.
              (4) No fine imposed on any worker shall be recovered from him by
installments, or after the expiry of 60 days from the date on which it was imposed.
8.           Register of fines, etc.-
             (1) The contractor shall maintain a register of fines and of all
deductions for damage or loss. Such Register shall mention the reason for which fine
was imposed or deduction for damage or loss was made.
             (2) The contractor shall maintain a list in English and in the local Indian
language, clearly defining acts and omissions for which penalty or tine can be
imposed. It shall display such list and maintain it in a clean and legible condition in
conspicuous places in the work.
9.           Preservation of Register-
            The wage register, the wage cards and the register of fines,
deduction required to be maintained under these regulations shall be preserved for
12 months after date of the last entry made in them.


10.          Power of Labour Welfare Officer to make investigation or enquiry
            The labour Welfare Officer or any other persons authorised by the
Government of Orissa on their behalf shall have power to make enquiries with a
view to ascertaining and enforcing due and proper observance of the fair wage



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clauses and the provision of these regulations. He shall investigate into any
complaint regarding default made by the contractor, sub-contractor in regard to such
provisions.
11.           Report of Labour Welfare Officers-
            The Labour Welfare Officers or others authorised as aforesaid shall
submit a report of the results of his investigation or enquiry to the Executive
Engineer concerned, indicating the extent, if any, to which the default has been
committed with a note that necessary deduction from the contractor's bill be made
and the wages and other dues be paid to the labourers concerned.
12.           Appeal against the decision of Labour Welfare
Officers-
             Any persons aggrieved by the decision and recommendation of the
Labour Welfare Officer or other person so authorised may appeal against such
decisions to the Labour Commissioner within 30 days from the date of decision
forwarding simultaneously a copy of his appeal to the Executive Engineer
concerned but subject to such appeal, the decision of the officer shall be final and
binding upon the contractor.
13.           Inspection of registers-
              The contractor shall allow inspection of the wage book and wage
cards to any of his workers or to his agent at a convenient time and place after
due notice is received, or to the Labour Commissioner or any other person authorised
by the Government of Orissa on his behalf.
14.           Submission of return-
             The contractor shall submit periodical returns as may be specified
from time to time.


15.           Amendments-
             The Government of Orissa may from time to time, add to or amend
these regulations and on any question as to the application, interpretation of
effect of the regulations, the decision of the Labour Commissioner or any other
person authorised by the Government of Orissa in that behalf shall be final.
              Clause 32 :
                       The terms and conditions of the agreement have been
read/ explain to me and…………………………certify…………………………………..clearly
understand them.
              Clause 33: Clauses for site engineer. in DTCN/Agreement
             (1) An Engineering personnel of the executive agency should be
present at work site at the lime of visit of high level Inspecting Officers in the rank of
Executive Engineers and above.




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                                  UNDERTAKING

               I / We do hereby under take that, I / We will not claim anything in
any shape from the ULB if the work is curtailed or stopped at any stage for want of
funds. This will form a part of the contract.


                                                   Signature of the Contractor




                                                                                      83
                    SPECIAL CONDITIONS OF CONTRACT


  1.   Any increase or decrease over or below the Schedule of Quantities appended
       to the tender during the execution be carefully watched to determine the
       financial implication in accordance to the codal provisions.

       No extra items, extra quantities beyond the agreement quantities should be
       allowed without prior permission from competent authority.

  2. The quantities are not allowed to be varied by more than 5% on higher side
     without prior approval of competent authority.

 3.    Sufficiency of Tender
       The contractor shall be deemed to have satisfied himself before tendering as to
       the correctness and sufficiency of his tender for the works and of the rates and
       prices quoted in the schedule of quantities (DTCN part-II price bid), which rates
       and prices shall, except as otherwise provided, cover all his obligations under the
       contract and all matters and things necessary for the proper completion and
       commissioning of the works. The contractor should at his own cost arrange
       necessary tools & plants and machineries etc. required for the efficient execution
       of work and must take into account its cost of conveyance, running charges etc.
       while quoting his single percentage rate for the whole work.

  4.   Works to be Carried Out

       The work to be carried out under the contract shall include all materials, labour, tools
       and plants, equipment and transport which may be required in preparation of and
       for in the full and entire execution and completion of the works. The description
       given in the schedule of quantities/scope of work shall, unless otherwise stated, be
       held to include wastage on materials, carriage & cartage, carrying and return of
       empties, hoisting, setting, fitting and fixing in position and all other labours necessary
       in and for the full and entire execution and completion of the work as aforesaid in
       accordance with good practice and recognised principles.

  5.   Payment of Duties, Levies & Taxes:


       The Contractor shall bear all taxes including duties, levies, Central and State
       sales tax including work contract tax, entry tax, Income tax, royalties, fair
       weather charges, and tollages where necessary & the ULB shall not entertain
       any claim whatsoever in this respect. Royalty will be reimbursed on
       production of valid money receipt by the contractor from the concern
       Tahasildar.

6.     Rates:




                                                                                              84
      The accepted offer of the contractor on ‘ Percentage rate ’ basis is for the complete
      work in all respects. The offer is inclusive of cost of all materials, labour, T&P
      inclusive of all duties, levies, taxes of Central and State Government including Works
      Contract tax with surcharge, entry tax, tollages, royalties, packing and forwarding,
      transportation, insurance, loading & unloading, storage, watch and ward, delivery of
      the materials to the site etc. and all other expenses incidental thereto for successful
      completion, & commissioning of the works. The offer shall remain firm till successful
      completion of the work.

7.     Security Deposit:

      The tenderer whose tender is selected for acceptance shall make an security deposit of
      2% (two percent) of the accepted tender amount together with the earnest money
      deposited with the tender which forms the initial security deposit(ISD) within 10(ten)
      days of issue of letter of acceptance and sign the agreement in the prescribed form
      within 15(fifteen) days of issue of letter of acceptance after depositing the balance ISD.
      The ISD shall be deposited in shape of Fixed Deposit Receipt of any Nationalised Bank /
      Kissan Vikash Patra / Post Office Savings Bank Account / National Savings Certificate /
      Postal Office Time Deposit Account/Demand Draft or Banker’s Cheque on any
      Nationalised bank only duly pledged in favour of the Executive Officer,Balasore
      Municipality,Balasore and payable at Balasore and in no other form No tender shall be
      accepted unless required amount of security money is deposited.

      In addition to the ISD, 5% of the bill amount shall be deducted from each bill towards
      the security deposit. The earnest money deposit, the initial security deposit before and
      after acceptance of tender together with the subsequent deduction from the contractors
      bill shall form part of the security deposit equivalent to 7% of the contract value for
      the due fulfilment of the contract. The security deposit is refundable after one year
      from the date of satisfactory completion & commissioning of the entire work
      provided that the contractors final bill has been paid and defects if any has been
      rectified.

8.    While preparing the bills for this percentage rate tender work, each item of work will
      be evaluated at the estimated rate and the gross amount will be derived from there by
      adding each individual item value. Then the percentage excess or less as quoted by
      the contractor will be added or subtracted from that gross amount of the bill. For the
      lumpsum portion of works ( Storage reservoirs-Ground level, Elevated), supply of
      pipes and specials, supply of electrical and mechanical items, the payment schedule
      shall be as per the payment breakup given in the DTCN part-II.
9.      Income Tax at the prevailing rate / percentage calculated on the gross amount
will be
      deducted from the contractor’s bill. Prevailing rate of VAT on the gross amount
      of the bill will be deducted from the contractor’s bill.
10.   The contractor is required to pay royalty to Govt. as fixed from time of time and
      produce such documents in support of their payment to the concerned Municipal
      Engineer with their bills, failing which the amount towards royalties of different
      materials as utilised by the contractor in the work will be recovered from his
      bills and deposited in the revenue of concerned department.
11.   Construction Schedule:


                                                                                             85
         The contractor shall submit a detailed work schedule in the form of Bar Chart along
         with his tender indicating the detailed break-up of the job. This will include all
         operations from procurement of materials to final testing at site to be indicated in
         detail with reference to the time period for each.

 The construction schedule as submitted by the contractor shall be revised by the Engineer-in-
         Charge and approved with necessary modification if any after acceptance of the tender.
         The contractor shall furnish 6 copies of the approved schedule within a time to be
         intimated to him before drawl of the agreement. The approved Bar Chart shall form a
         part of the agreement. This approved schedule shall be binding on the contractor.


 In addition the contractor shall submit PERT Chart in commensurate with the approved Bar
         Chart within one month of signing of the agreement. The PERT Chart on approval by
         the Engineer-in-Charge shall be used to monitor the various project activities at micro
         level.
 12.     Monitoring of the Project:
Time is the essence of the contract. The execution of the project shall be closely monitored to
       ensure that quality, cost & time of the project are not compromised in any manner. The
       contractor shall submit monthly progress reports in a format as may be prescribed by the
       Engineer-in-charge. The monthly progress report shall be evaluated by the Municipal
       Engineer vis-à-vis the approved bar chart & PERT Chart and any deficiency observed
       thereto shall be communicated to the contractor. The contractor shall have to make up the
       deficiencies within the specific time period communicated to him by the Municipal
       Engineer failing which the contractor shall be liable for action as per clause-8.25.

   13. The contractor has to pay the minimum wages fixed by Government from time
       to time to the labourers engaged by him in the work.
   14. The work should be executed as per approved designs. Necessary soil tests /
       field tests etc. are to be conducted at site to ensure the structural adequacy.
   15. In case, where quoted rates are too low, strict supervision is necessary and the
       Municipal Engineer should also make frequent inspection of the work to ensure
       the execution of the same as per the required specification in accordance with
       the instructions.
 16. Site Order Book and Material Testing Register:
 A site Order Book and Material Testing Register shall be issued to the contractor by the
         Engineer-in-charge or his representative. The contractor shall keep these Books always
         at site. Any special order or instruction to be issued to the contractor and inspection
         notes on quality of works shall be recorded in the site order book by the Engineer-in-
         charge or his representative. The contractor shall sign all orders and instructions as token


                                                                                                   86
        of his knowledge about the same.            Similarly,   Material testing Register shall be
        maintained at site. The site Order Book and Material testing register shall be the
        property of the department but will remain during the period of the progress of the work
        with the contractor. The safe custody of the site Order Book and material testing register
        during this period shall be the responsibility of the contractor. After completion of the
        work, these Books shall be returned back by the contractor to the Engineer-in-charge,
        which will be enclosed in the final bill.

17.    Guarantee:
The contractor shall furnish a guarantee to the effect that all items of the work constructed and
       supplied by him shall be free from any defect both in terms of materials and
       workmanship for a period of not less than 12 months from the date of successful
       completion and commissioning of the works. During this period, the contractor shall
       replace the defective materials if any or rectify the defects if any at his own cost as
       pointed out by the Engineer-in-charge to the satisfaction of the later.

 18.    The sample of materials used for the work should be got approved from the
        competent authority before execution of work.

        a).All materials before they are being used in the items of works as per
        this Schedule of quantities and also the finished items of work where
        tests are applicable shall have to be tested through the Engineer-in-
        charge at appropriate Laboratories according to the relevant I.S.
        specifications of the materials and the said items of works and the cost of
        all such tests shall have to be borne by the Contractor and the rates of
        the items of works should be inclusive of cost of such tests.
        (b). The tests have to be planned & carried out such that the progress of
        work is not hampered. The tests are mandatory as per the prescribed
        frequencies and I.S. specifications. However, these are not exhaustive
        and the Engineer-in-charge has the right to prescribe other required test
        if any as will be considered from time to time.

        19. Number of tests as specified in I.R.C. / MORT&H / I.S. specification
            required for the construction of roads / buildings or any other structural
            works will be conducted as per required frequency in any Govt. Test
            House / Departmental laboratories/Reputed material testing laboratory as
            to be decided by the Engineer-in-charge. Testing charges including
            expenditure for collection / transportation of samples /specimens etc. will


                                                                                                    87
   be borne by the contractor. The collection of samples and testing are to
   be conducted for both prior to execution and during the course of
   execution as may be directed by the Engineer-in-charge and on both the
   accounts the cost shall be borne by the contractor.

20. The Chief Engineer, Superintending Engineer, Executive Engineer, or
    any senior Officer of Housing and Urban development Department of
    Government of Orissa while inspecting the work under execution should
    invariably record his observations in the Register of Inspections
    maintained at the site of work for which the tender has been accepted by.
    He shall make final inspection of such works after completion thereof
    but before the payment of the final bills.

21. It shall be the responsibility of the contractor to produce all materials
    required for the work including procurement of steel, cement etc. (to be
   approved by the Engineer-in-Charge) from the market at his cost and
   complete the work within the stipulated time of completion as per
   accepted agreement. At no stage difficulty or obstacle for procurement of
   materials due to any reasons whatsoever shall not be entertained by the
   department nor any plea for extension of time or compensation/claim to
   this effect shall be entertained on account of the above. For all
   procurement of materials by the contractor all incidental expenses like
   transport, storage, handling and any other expenditure shall be borne by
   the contractor.

22. In the event of any particular item (s) of work for which the contractor
    has quoted rate (s) which are grossly below the corresponding estimated
    rates or (CSR) for that particular item, the difference between the amount
    corresponding estimated or (CSR) rate and this grossly under quoted rate
   for quantity for work to be executed by the contractor shall be kept
   withheld from the payment due to the contractor until such time as the
   execution of the said item (s) of work is/are completed in all respects by
   the contractor to the full satisfaction of the Engineer-in-charge.

23. Additional performance security:Additional performance security shall
    be deposited by the successful bidder when the bid amount is seriously
    unbalanced i.e. less than the estimated cost of more than 10%. In such an
    event the successful bidder will deposit the additional performance
    security to the extent of the differential cost of the bid amount and 90%
    of the estimated cost in shape of Post Office Saving Bank Account /


                                                                                 88
          National Savings Certificate / Post Office Time Deposit Account /
          Kissan Vikash Patra / Deposit receipt of schedule Bank.

24.   The construction of infrastructure component shall progress simultaneously
      with construction of dwelling units to complete the project within stipulated
      period. Any construction of infrastructure facilities in advance without
      dwelling units shall not be allowed. No payment shall be released for such
      advance construction without the dwelling units.

25.    Site Clearance:

      After the work is finished or completed, surplus materials and debris are to be
      removed by Contractor at his own cost and preliminary works such as vats,
      mixing platforms, level pillars, temporary sheds and godowns etc. are to be
      dismantled and all such materials removed from site. The site involved in the
      construction activities should be cleared and dressed properly with outward slope
      away form the structure. After the work is completed in all respects as per the
      contract, the contractor shall vacate the site within three months from the date of
      completion & commissioning , by making good the damages if any.
 26. The Department shall not supply any materials what-so-ever for the work.
     The contractor should be financially stable for advanced procurement of
     all materials to be required for the work.
                                 **************




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