Vol I

Government of Rajasthan
Public Health Engineering Department

(NIT No 10 /2018-19)
Work of Providing, laying, testing and commissioning of DI / HDPE pipe line,

Construction of RCC OHSR with allied civil works with Defect Liability of
One year and O&M for 5 years after Defect Liability Period under Conversion
of TSS into Piped Water Supply Scheme, Sanjay Nagar, Tehsil Khetri, District
Jhunjhunu on SPR Turnkey basis.
Volume I
(Technical Bid)
Instructions to Bidders, General Conditions of Contract, Special Conditions of Contract.
ESTIMATED COST
Rs 276.67 Lacs
Office of Additional Chief Engineer

Public Health Engineer Department, Jaipur Region-I,
Jyoti Nagar, Jaipur (Rajasthan)
Telephone no. 0141-2740170 Email: [email protected]

NIT No : 10/2018-19 Conversion of TSS to Piped Water Supply Scheme of Sanjay Nagar
TABLE OF CONTENTS
VOLUME – I
(Technical Bid)
1. Tender Issuing Form

2. Notice Inviting Tenders
3. Instructions to the Tenderers
4. General Conditions of the Contract
5. Special Conditions of the Contract
VOLUME-I PAGE 1
DETAILS OF TENDER
S.No. ITEM Particulars
1. Name of Work Work of Providing, laying, testing and

commissioning of DI / HDPE pipe line, Construction
of RCC OHSR with allied civil works with Defect
Liability of One year and O&M for 5 years after
Defect Liability Period under Conversion of TSS
into Piped Water Supply Scheme, Sanjay Nagar,
Tehsil Khetri, District Jhunjhunu on SPR Turnkey
basis.
2. NIT No. NIT No 10/2018-19
3. NIT Cost Rs. 276.67 Lakhs
4. Tender Fee Rs 5000/-
5. Earnest Money Rs 5,53,340.00
6. Time period for completion 12 Months
7. Defect Liability Period 12 months
8. O&M Period 60 Months after completion of Defect Liability Period
9. Date and Time of From 19.09.2018 to 16.10.2018 up to 06.00 PM.

downloading of tender
Documents from Website
10. Last date and Time of 16.10.2018 up to 6:00 PM

uploading of tender on
website
11. Date of opening of the 18.10.2018 at 11:30 AM

Technical Bid
12. Date & Time for physical 18.10.2018 at 11:00 AM

submission of EMD/ RISL
Charges /Tender Fee
VOLUME-I PAGE 2
OFFICE OF ADDITIONAL CHIEF ENGINEER, PHED,

REGION-I, JAIPUR
Tel. 0141-2740170 Email – [email protected]
NOTICE INVITING TENDERS FOR WORKS
Online tenders are invited on behalf of the Governor of Rajasthan for the following works
from contractors registered / enlisted in PHED Rajasthan in appropriate Class as per
PWF&AR Part II Appendix 16 dated 01.07.1999 and amendment issued by concerned
department up to date, Contractors enlisted with other Departments of Government of
Rajasthan and enlisted with CPWD/Postal, Telecom, Railway, MES, other State Govt.
/Central Govt. undertaking/organizations equivalent to appropriate Class of Rajasthan shall
also be eligible. The duly notarized copy of Registration Certificate is to be enclosed.
Unregistered contractors shall not be allowed. The tenderers meeting eligibility criteria may
apply after giving prescribed Earnest Money. The tender documents can be seen from the
website http://www.eproc.rajasthan.gov.in. and http://sppp.raj.nic.in and the interested
bidders will have to submit their tender in Electronic Format on website
http://www.eproc.rajasthan.gov.in with their digital signatures. Details of this tender
notification can also be seen in NIT exhibited on website www.dipronline.org.
1. GENERAL DETAIL OF WORKS:
1. NIT No. 10 / 2018-19

2. Work Description Work of Providing, laying, testing and commissioning
of DI / HDPE pipe line, Construction of RCC OHSR
with allied civil works with Defect Liability of One year
and O&M for 5 years after Defect Liability Period under
Conversion of TSS into Piped Water Supply Scheme,
Sanjay Nagar, Tehsil Khetri, District Jhunjhunu on SPR
Turnkey basis.
3. Estimated Cost Rs. 276.67 Lakhs
4. Earnest Money Rs 5,53,340.00 by DD/Banker Cheque ( or in the form as
per rule) in favor of Additional Chief Engineer, PHED,
Jaipur Region-I, (Payable at Jaipur) to be deposited in
the office of A Additional Chief Engineer, PHED, Jaipur
Region-I, in sealed envelope physically in the tender
box placed for this purpose. The name of bidder and
NIT No shall clearly be mentioned on the envelope,
containing EMD and Fee. The enlisted contractor in
appropriate class in PHED Rajasthan shall be required
to deposit EMD Rs. 1,38,585.00 (0.5% of Cost of NIT)
5. Cost of Tender Document Rs 5000 by DD/Banker Cheque ( or in the form as per
(Non Refundable) rule) in favor of Additional Chief Engineer, PHED,
Jaipur Region-I, (Payable at Jaipur) to be deposited in
the office of A Additional Chief Engineer, PHED, Jaipur
VOLUME-I PAGE 3
Region-I, in sealed envelope physically in the tender

box placed for this purpose.
6. E-Proc Fee (Non Rs. 1000 by DD/Banker Cheque ( or in the form as per
Refundable) rule) in favor of MD, RISL (Payable at Jaipur), to be
deposited in the office of A Additional Chief Engineer,
PHED, Jaipur Region-I, in sealed envelope physically in
the tender box placed for this purpose.
7. Period of Execution 12 Month
8. Defect Liability Period 12 Months after successful completion of the scheme.
9. O&M Period 60 Months after successful completion of Defect
Liability Period
2. IMPORTANT DATES:
S. N. Events Date & Time Website / Location

a) Date & time for 19.09.2018 at 11.00 http://www.eproc.rajasthan.gov.i
downloading of tender AM to 16.10.2018 up n
document. to 06.00 PM
b) Date & time for online 16.10.2018 up to 06.00 http://www.eproc.rajasthan.gov.i

submission of tender PM n
document
c) Date and Time for Up to 18.10.2018 In the Office of Additional Chief
physical submission of (11.00 AM) Engineer, PHED Jaipur Region-I,
Earnest money, tender Jyoti Nagar, Jaipur
fees and RISL charges
d) Date & Time for On 18.10.2018 at 11.30 In the Office of Additional Chief
Opening of Technical AM Engineer, PHED Jaipur Region-I,
bid. Jyoti Nagar, Jaipur.
e) Opening of Price bid Will be intimated to In the Office of Additional Chief
all Tenderers found Engineer, PHED Jaipur Region-I,
qualified in technical Jyoti Nagar, Jaipur.
bid through e-mail
Note:
a. In case there is a holiday on the date mentioned above, the activities assigned on that
date shall be carried out on the next working day.
b. If all the tenders could not be opened on the prescribed date than the remaining shall
be opened on the next working day.
3. ELIGIBILITY CRITERIA:
1. GENERAL
I. REGISTRATION
The bidder shall be registered/enlisted in PHED Rajasthan in appropriate class as per
PWF & AR part II Appendix 16, dated 01.07.1999 and amended up to date. Contractors
enlisted in appropriate class with other Departments of Government of Rajasthan,
CPWD/Postal, Telecom, Railway, MES, other State Govt/Central Govt.
VOLUME-I PAGE 4
undertaking/organization equivalent to appropriate class of Rajasthan shall also be

eligible. The duly notarized copy of registration certificate and review letter (as
applicable) is to be enclosed.
II. FEE
Required EMD, Tender Fee and Eproc Fee in prescribed Format
III. Tender Document and Addendum /corrigendum /amendemnds, if any
Scanned copy of Tender Document and all Addendum / corrigendum / amendemnds
issued (if any) till last date of submission of Tender.
2. FINANCIAL CRITERIA
S.
Parameters Criteria
No
2.1 Bidding Bidding Capacity of the bidder calculated as below on the date
Capacity: of NIT shall not be less than Rs. 276.67 Lacs.
Bidding Capacity = 2 x A x N - B
Where: A= Maximum annual construction turnover of the
bidder in last three Financial Years
N= Stipulated period of execution of contract in years.
B= Liability of present works in hand during the contract
period.
The Bidder shall required to submit notarized affidavit in
prescribed format on Rs 100 non Judicial Stamp paper showing
liability of present work in hand during the contract period.
General notes:
1. Construction turnover of the bidder shall be as per
certificate of Chartered Accountant based on audited
balance sheets.
2. Turn over of previous years shall be given additional
weightage @ 10% per year to bring the same to current
price level to account for price escalation, as illustrated
below:
For tenders to be received in Financial Year 2018-19
Effective Annual Turn
Annual
Year Over at 2016-17 price
Turn over
level
2017-18 A 1.0 x A
2016-17 B 1.1 x B
2015-16 C 1.21 x C
2014-15 D 1.33 x D
2013-14 E 1.46 x E
2012-13 F 1.61 x F
2011-12 G 1.77 x G
1. TECHNICAL CRITERIA:
VOLUME-I PAGE 5
S.N. Parameters Prequalification Criteria

The bidder should have experience of the following works
of drinking water supply schemes / projects during last 7
years up to the date of submission of tenders.
3.1 Project Execution
The Firm should have experience of Execution and
(Contracts of
Successful commissioning of one similar completed work
similar nature)
costing not less than the amount equal to Rs 41.50 Lacs
3.2 Reservoir:
For OHSR
Execution and Commissioning of one RCC ESR/OHSR of
capacity equal to or more than 100 KL
General notes:
1. Similar work for the experience of project execution means, a
scheme/project having at least 2 components similar to those included in
the scope of the tender and costing more than 10% of total cost of the
project/scheme. Name of such component are OHSR and Pipe line.
2. For experience of pipe line work, the requirement of specific size and
total length can be met from the same or 2 different contracts. The
experience of specific size pipe line shall be in a single contract, but the
experience of total length of pipe line can be in two contracts.
3. Experience certificate issued by an officer not below the rank of Executive
Engineer or equivalent for the work awarded by state Government /
Central Government or their undertaking and autonomous bodies shall
only be considered for the purpose of experience of work.
4. The works which have been completed and commissioned during the 7
years, though may have commenced earlier, shall be considered for
experience purpose. If single NIT for a work has been invited and work
order has been given in two splitted orders, both the splitted orders shall
be considered jointly for experience purposes.
5. No Joint Venture is permissible
2. Historical Contract Non Performance:

Non performance of a contract did not occur
History of Non Performing as a result of contractor’s default witin the
4.1
Contract last two years prior to the deadline for bid
submission
Failure to sign a contract after receiving a
notice of award has not occurred in the past
4.2 Failure to sign a contract five years. Any deviation should be explaned
in the enclosed contract Non-Performance
Form.
All pending proceedings, litigation,
4.3 Pending Litigation
arbitrations, actions, claims, investigations or
VOLUME-I PAGE 6
disputes in total, shall not represent more

than fifty present (50%) of the bidder’s net
worth.
Note :
(i) Non performance shall include all contracts:
a. Where non performance was not challenged by the contractor,

including through referral to the disputed resolution mechanism
under the respective contract and
b. That were so challenged but fully settled against the contractor.
Non performance shall not include contracts where Employers

decision was over ruled by the dispute resolution mechanism. Non
performance must be based on all information on fully settled
disputes or litigation, i.e. dispute or litigation that has been
resolved in accordance with the dispute resolution mechanism
under the respective contract and where all appeal instances
available to the applicant have been exhausted.
(ii) Parameters of history of non performing contract and pending

litigation also applies to contracts executed by the bidder as a JV
partner.
5. The bidders will have to register themselves on website

http://www.eproc.rajasthan.gov.in for participation in this tender. For this purpose
Digital signature certificates (DSC) have to be obtained from any agency approved by
CCA. This DSC will be used to sign the bids submitted online by the bidder. Unsigned
tenders will not be entertained and will be rejected out rightly.
6. The work is to be completely finished to the satisfaction of Engineer-in-charge within
12 months from the 10th day after the date of written/ e-mailed order to commence the
work.
7. An Earnest money of Rs 5,53,340.0 shall be deposited through banker’s cheque or
demand draft of nationalized/ scheduled bank in the name of “ADDITIONAL CHIEF
ENGINEER PHED JAIPUR REGION-I, JAIPUR”, payable at Jaipur. The enlisted
contractors in appropriate Class with PHED Rajasthan shall be required to deposit Rs
1,38,355.0 (0.5% of estimated cost of NIT) as earnest money in the aforesaid form.
Tenders received without earnest money or with part earnest money, shall be rejected
out-rightly.
8. Security Deposit @ 10% of the gross amount of the running bill shall be deducted from
each running bill of individual work order and shall be refunded as per rules on
completion of the contract as per terms and conditions. In case of successful bidder, the
amount of EMD may be adjusted in arriving at the amount of Security Deposit, or
refunded, if successful bidder furnishes full amount of security deposit.
A contractor may, however, elect to furnish bank guarantee or any acceptable form of
security for an amount equal to the full amount of security deposit @ 10% of work
VOLUME-I PAGE 7
order before or at the time of executing agreement. In that case earnest money may be
refunded only after furnishing of bank guarantee as above. During execution of work
or after completion of the work also a contractor may replace the security deposit by
furnishing bank guarantee for an equal amount. However, during execution of the
work if cost of work exceeds as shown at the time of furnishing bank guarantee,
balance security deposit shall be deducted from the Running Account Bills.
All compensation or other sums of money payable by the contractor to the Government
under the terms of his contract may be deducted from or paid by the sale of a sufficient
part of his Security Deposit, or from interest arising there from, or from any sums,
which may be due or may become due to the Contractor by the Government on any
account whatsoever, and in the event of his Security Deposit being reduced by reason
of any such deduction or sale as aforesaid, the contractor shall within ten days
thereafter, make good in cash or bank guarantee or Nationalized/Scheduled bank as
aforesaid, any sum of sums which may have been deducted from or raised by sale or
his Security Deposit or any part thereof.
9. The tender should be accompanied with latest GST Clearance Certificate / GST
Registration Certificate from the concerned department authorities, without which the
tenders may not be entertained.
10. The tender for works shall remain open for acceptance for the period of 90 days from
the date of opening of pre-qualification/ technical bid.
11. If any tenderer withdraws his tender prior to expiry of validity period as mentioned at
S. No. 10 or mutually extended period or makes modifications in the rates, terms and
conditions of the tender within the said validity period, which are not acceptable to the
department, or fails to commence the work in the specified period/ fails to execute the
agreement, the department shall without prejudice to any other right or remedy be at
liberty to forfeit the amount of earnest money given in any form absolutely. If any
contractor, who having submitted a tender does not execute the agreement or start the
work or does not complete the work and the work has to be put to re-tendering, he
shall stand debarred from participating in such re-tendering in addition to forfeiture of
earnest money/ security deposit and other action under agreement. If there is strong
justification of believing that the tenderer or his authorized has been guilty of mal-
practices such as submission of forged documents, influencing individually or
politically, his offer will be liable to rejection and in such case his earnest money shall
be forfeited.
12. All tenders, in which any of the prescribed conditions are not fulfilled or which have
been vitiated by errors in calculations, totaling or discrepancies in figures or words or
other discrepancies, will be liable to rejection.
13. Enlisted contractors, as per rules will be required to pay earnest money @ 0.5% of the
estimated cost of work put to tender, in case of work for which they are authorized to
tender under Rules for Enlistment of Contractors, but the amount to the extent of full
earnest money shall be liable to be forfeited in the event of circumstances explained at
S. No. 11 above.
14. No conditional tenders shall be accepted and will be rejected summarily forthwith.
15. The department will not be responsible for any delay on account of late submission of
tender due to online submission.
16. Physical submission of bids is not allowed.
VOLUME-I PAGE 8
17. The bidder shall ensure that scanned copy of all the schedules as asked in tender
document have been filled up and attached with the bid submitted in electronic format.
18. The acceptance of the tender will rest with the competent authority who does not bind
itself to accept the lowest tender, and reserves to itself the authority to reject any or all
the tenders received without assigning any reason.
19. No refund of tender fee is claimable for tenders not accepted or forms not submitted.
20. The work may be split up between two or more contractors or accepted in part and not
entirely if considered expedient.
21. All other conditions shall be prevailing as detailed out in the departmental tender
document (in the respective sections/ volumes).
Additional Chief Engineer,

PHED, Jaipur Region-I, Jaipur
VOLUME-I PAGE 9
Instruction to Tenderers
Part A - Instructions to Tenderers (ITT)
A. INTRODUCTION
1. General 1.1. EXECUTING AUTHORITY
Information The Executing Authority of this project is the Public Health
Engineering Department (PHED) of Rajasthan through the Additional
Chief Engineer PHED Jaipur Region-I, Jaipur, Superintending
Engineer, PHED, Circle Jhunjhunu and Executive Engineer, PHED,
District Division, Jhunjhunu.
1.2. TYPE OF CONTRACT
The works described in this tender document is on Single
Responsibility Turnkey Job. The Contractor shall responsible for the
work under this contract is “Work of Providing, laying, testing and
commissioning of DI / HDPE pipe line, Construction of RCC OHSR
with allied civil works with Defect Liability of One year and O&M
for 5 years after Defect Liability Period under Conversion of TSS
into Piped Water Supply Scheme, Sanjay Nagar, Tehsil Khetri,
District Jhunjhunu on SPR Turnkey basis.”
1.3 All works, proposed for execution under the Contract are notified in
Volume I of the tender document under the headline "Scope of work
and Technical Specifications"
1.4 The Tenderer shall read the specification and study the conceptual
drawings carefully before submitting the tender.
1.5 The Tenderer is required to study all instructions, forms, terms &
conditions and other details in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tenderer's risk and may result in rejection of its
tender.
1.6 The tenderer shall digitally sign and upload a declaration under the
official Secrets Act for maintaining secrecy of the tender documents,
drawings or other records connected with the work given to him in
form given below The unsuccessful tenderer shall return all the
drawings given to them.
Declaration
"I/We hereby declare that I/We shall treat the tender documents,
drawings and other records, connected with the work, as secret
confidential documents and shall not communicate information
derived there from to any person other than a person to whom I/We
am/are authorized to communicate the same or use the information in
any manner prejudicial to the safety of the same"
Failure to observe the secrecy of the tenders will render tenders of the
VOLUME-I PAGE 10
Tenderers, liable to summary rejection

1.7 The sites shall hand over to the contractor as per availability of site. It is
not possible for the Department to make the entire site available on the
award of the contract. The contractor shall arrange his working
program accordingly No claim, whatsoever, for not giving the site in
full on award of the work or for giving the site gradually in parts will
be tenable The Tenderer may satisfy himself regarding site, acquisition
of land approach roads etc.
1.8. Tenderers shall submit only unconditional tenders Conditional tenders
are liable to be rejected out rightly. Incomplete tender is liable to be
rejected.
1.9 The contractor shall comply with the provisions of the Apprenticeship
Act, 1961, and the rules and orders issued, there under, from time to
time. If he fails to do so, his failure will be a breach of the contract
and the original sanctioning authority in his discretion may cancel
the contract. The Contractor shall also be liable for any pecuniary
liability arising on account of violations by him of the provisions of
the Act.
2. Address for All communications in reference to this tender must be made to
Communication Additional Chief Engineer, PHED, Jaipur Region-I, Jyoti Nagar,
Jaipur.
3. Time for 3.1 The work is to be completely finished to the satisfaction of Engineer-in-
Execution charge within 12 Months from the 10th day after the date of written
order to commence the work. The defect liability period after the
successful completion and commissioning of the work shall be 12
months. The commencements of Defect Liability period shall start form
the date of issue of completion certificate from Engineer-In-Charge.
3.2 Definitions
3.2.1 Facilities
Shall mean all works and its equipment (s) components which have
been supplied and / or installed or designed, and /or constructed in
the contract for works i.e. laying & jointing of distribution network and
shall include repairs as may be made thereto from time to time and
shall include any additions, modifications, alterations, replacement
and/or repairs as may be made thereto from time to time during defect
liability period.
3.2.2 Clause
Unless otherwise mentioned, the reference to clause made in any
section of the document, it shall mean referenced clause of that section.
3.2.3 Bid & Tender or Bidder & Tenderer
The word ‘Bid’ & 'Tender' or word ‘Bidder' & ‘Tenderer' used in the
tender document be treated as synonymous.
B. Pre-Qualification Criteria
VOLUME-I PAGE 11
4. Pre- QUALIFICATION PARAMETERS

Qualification
Criteria
4.1 REGISTRATION
The bidder shall be registered/enlisted in appropriate class as per PWF &
AR part II Appendix 16, dated 01.07.1999 and amended up to date. the
bidder is required to submit review letter of registration from competent
authority. The scanned copy of duly notarized copy of registration
certificate and review letter (if required) is to be submitted.
4.2 FINANCIAL CRITERIA
S. No Parameters Criteria
4.2.1 Bidding Bidding Capacity of the bidder calculated as

Capacity: below on the date of NIT shall not be less than Rs.
276.67 Lacs.
Bidding Capacity = 2 x A x N - B
Where: A= Maximum annual construction
turnover of the bidder in last three Financial Years
N= Stipulated period of execution of contract in
years.
B= Liability of present works in hand during the
contract period.
General notes:
1. Construction turnover of the bidder shall be
as per certificate of Chartered Accountant
based on audited balance sheets.
2. Turn over of previous years shall be given
additional weightage @ 10% per year to bring
the same to current price level to account for
price escalation, as illustrated below:
For tenders to be received in Financial Year
2018-19
Effective
Annual Annual Turn
Year
Turn over Over at 2016-17
price level
2017-18 A 1.0 x A
2016-17 B 1.1 x B
2015-16 C 1.21 x C
2014-15 D 1.33 x D
2013-14 E 1.46 x E
2012-13 F 1.61 x F
2011-12 G 1.77 x G
4.3 TECHNICAL CRITERIA:
VOLUME-I PAGE 12

The bidder should have experience of the
following works of drinking water supply
schemes / projects during last 7 years up to the
date of submission of tenders.
4.3.1 Project
The Firm should have experience of Execution
Execution
and Successful commissioning of one similar
(Contracts of
completed work costing not less than the
similar nature)
amount equal to Rs 41.50 Lacs
4.3.2 Reservoirs:
For OHSR
Execution and Commissioning of one RCC
ESR/OHSR of capacity equal to or more than
100 KL
General notes:
1. Similar work for the experience of project execution
means, a scheme/project having at least 2 components
similar to those included in the scope of the tender and
costing more than 10% of total cost of the project/scheme.
Name of such component are Pipe line and OHSR
2. For experience of pipe line work, the requirement of
specific size and total length can be met from the same or
2 different contracts. The experience of specific size pipe
line shall be in a single contract, but the experience of
total length of pipe line can be in two contracts.
3. Experience certificate issued by an officer not below the
rank of Executive Engineer or equivalent for the work
awarded by state Government / Central Government or
their undertaking and autonomous bodies shall only be
considered for the purpose of experience of work.
4. The works which have been completed and
commissioned during the 7 years, though may have
commenced earlier, shall be considered for experience
purpose. If single NIT for a work has been invited and
work order has been given in two splitted orders, both the
splitted orders shall be considered jointly for experience
purposes.
5. No Joint Venture is permissible
4.4 Historical Contract Non Performance:

History of Non Non performance of a contract did not
4.4.1 Performing occur as a result of contractor’s default
Contract witin the last two years prior to the
VOLUME-I PAGE 13
deadline for bid submission

Failure to sign a contract after receiving
a notice of award has not occurred in the
Failure to sign a
4.4.2 past five years. Any deviation should be
contract
explaned in the enclosed contract Non-
Performance Form.
All pending proceedings, litigation,
arbitrations, actions, claims,
4.4.3 Pending Litigation investigations or disputes in total, shall
not represent more than fifty present
(50%) of the bidder’s net worth.
Note :
Non performance shall include all contracts:
a. Where non performance was not challenged by the

contractor, including through referral to the
disputed resolution mechanism under the
respective contract and
b. That were so challenged but fully settled against the
contractor.
Non performance shall not include contracts where

Employers decision was over ruled by the dispute
resolution mechanism. Non performance must be based
on all information on fully settled disputes or litigation,
i.e. dispute or litigation that has been resolved in
accordance with the dispute resolution mechanism under
the respective contract and where all appeal instances
available to the applicant have been exhausted.
(i) Parameters of history of non performing contract and

pending litigation also applies to contracts executed by
the bidder as a JV partner.
C. Tender Document
Content of 5.1 The facilities required, tendering procedures, contract terms and technical
Tender requirements are prescribed in the tender documents The tender documents
Document include the following sections, and addendum's issued till the date of
submission of the tender
Vol-I
Notice Inviting Tender
Instruction to Bidder
Pre-qualification criteria
General Condition of contract
Special Condition of Contract
Vol-II
VOLUME-I PAGE 14
Scope of work and Technical Specification

Annexure
Tender Drawings
Vol-III
Preamble to price bid
Bill of Quantity
Cost of 6.1 The bidder shall bear all costs associated with the preparation and submission
Tendering of its bid and Department will in no case be responsible or liable for these
costs, regardless of the conduct or outcome of the bidding process.
6.2 It shall be obligatory on the successful tenderer to pay stamp charges on the
contract for preparation of contract agreement, as ruling on date of execution
of the contract.
Site Visit 7.1 The Tenderer and any of its personnel or agents will be granted permission by
Before the Department to enter upon its premises and lands for the purpose of such
Tendering site visits, but the tenderer and its personnel 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 site visits.
7.2 TENDERER TO INFORM HIMSELF FULLY
The Tenderer shall be deemed to have satisfied himself as to all the
conditions and circumstances affecting the Contract price, i.e. general
circumstances at the site of the work, general labour position at the site,
availability of construction material, water, electricity, transport conditions,
climatic and meteorological conditions. Tenderers are invited to visit the site
with prior appointment with the Deptt.
The Deptt. will not be responsible for the personnel of the Tenderer and for
all acts in relation with the site inspection.
No claims except as otherwise expressly provided will afterwards be
accepted due to non-inspection of the site. The Tenderer shall be responsible
for any misunderstanding or incorrect information however obtained except
the information given in writing by the Deptt.
Omissions, 7.3
Errors and
Clarification; Tenderers shall carefully examine the scope of work and specifications and
Pre-Tender fully inform themselves as to the conditions and matters, which may in any
Meeting way affect the work or the cost thereof. Should a Tenderer find discrepancies
or omissions in the documents or should he be in doubt as to their meaning he
should notify the Deptt. in writing not later than one week earlier or present
his request in written form during the pre-bid meeting. The Deptt. will
respond to any request which is made prior to or during the pre-bid
conference. No such request after the pre-bid meeting shall be entertained
Any resulting interpretation or modification of the tender documents shall be
issued to all tenderers as an addendum, which will become a part of the
tender documents. The tenderers shall acknowledge in writing the receipt of
VOLUME-I PAGE 15
each addendum.
No claims except as otherwise expressly provided will afterwards be accepted due
to non-understanding or mis-interpretation of the tender documents.
7.4 Tenderer is requested, to submit all clarifications in writing or by mail/fax, to

reach the Department 15 days before the opening of Technical Bid.
7.5 NO JOINT VENTURE IS PERMISSIBLE
Amendment 8.1 At any time prior to the deadline for submission of tenders, the Department
of Tendering may, for any reason, whether at its own initiative, or in response to a
Documents clarification requested by a prospective Tenderer, amend the tender
documents. These amendments /addendums shall be uploaded on the
websites.
8.2 The amendment will be notified through suitable addendum on website and
will be binding on all bidders. Tendered are required to immediately
download the same from website. In case he/she fails to do so, the
department will not be responsible for the same. It will be assumed that the
information contained their-in has been taken into account by the tenderer in
the tender.
8.3 In order to provide prospective Tenderers reasonable time to take the

amendment into account, in preparing their tender, the Department may, at
its discretion, extend the deadline for the submission of tenders, in which
case, the Department will notify all tenderers in writing of the extended
deadline, for submission of tenders.
D. Preparation of Tenders
Language of 9.1 The tender prepared by the Tenderer and all correspondence and documents
Tender related to the tender exchanged by the Tenderer and the Department shall be
written either in Hindi or English provided that any printed literature
furnished by the Tenderer may be written in another language, as long as
such literature is accompanied by a translation of its pertinent passages in the
language mentioned herein, in which case, for purposes of interpretation of
the tender, the translation shall govern..
Alteration 10.1 No principal deviations and exceptions are allowed, in the specifications and
of Designed in the basic requirements of the total scheme, (including effect due to
Component addenda), such as:
s not
acceptable • Design Flow & design capacity of various components
• Alignment and Pipe material except otherwise given choice,
• Minimum capacity of reservoirs.
• All other basic requirement and capacities of systems.
However apart from such deviations other minor deviations such as those for
the material of construction of valves, pumps, etc., made in the provisions of
the technical and financial tenders submitted to provide better specifications
VOLUME-I PAGE 16
of material than those asked in the specifications, a statement of deviations

and exceptions to the provisions in Volume II shall be given in Volume I.
The tenderer may substitute other authoritative standards, brand names or
catalogue numbers in its Tender, provided that it demonstrates to the
Department’s satisfaction that the substitutions are equivalent or superior to
those designated in the Specifications, except if the Specifications specially
provide otherwise (as in case of pipe material, type of pumps etc.)
10.2 Tenderers, which propose any alteration in the basic requirement, as specified
in Volume II and its addendum if any, or which contain any other conditions
of any sort will be liable to rejection.
10.3 Inclusion of additional equipment, civil work or other plant and material
which in the Tenderer’s opinion is required to satisfy the scope of work will
not constitute a deviation.
Makes and 10.4 MAKES AND ORIGIN OF THE EQUIPMENT

origin of the
equipment It is expected that the Tenderer will quote with a view to supply equipment
of best makes and conforming to highest standard. Tenderer has to consider
for his financial offer, only makes of reputed manufacturers of equipments
corresponding to the state of art technology and to the latest Indian
standards.
Tenderer shall offer rates as per the makes given of the equipment in the
tender document or of any superior make if makes are not prescribed of the
items, conforming to prescribed specifications indicated in the Volume II -
“Scope of Work & Technical specifications”. The tenderer shall quote only
one price for each item mentioned in Schedule of Prices Volume IV,
irrespective of the finally selected make. The Deptt. reserves the right to reject
the offer if the makes given in Tender Document are not accepted and
alternative makes are offered. By signing his offer, the tenderer agrees to
supply any one make given in the tender document and/or accepted by the
Deptt. for the price quoted in Schedule of Prices.
Whichever equipment is proposed in the tender or considered by the tenderer
for the financial offer, the equipment to be finally provided in case of award
shall correspond to the specification of the tender and shall be subjected to
the approval of the Engineer in Charge.
In case, the Tendered propose to use any imported equipment/part of
equipment/ material, he shall indicate so clearly in his tender and shall be
responsible for arranging import license etc. for the same. All expenses to be
incurred by the contractor in connection with such import including custom
duty shall be included in the price quoted.
Tender Form 11.1 The Tenderer shall complete the Schedule of Prices furnished in the tender
and Bill of documents as indicated therein. The terms and conditions for payments shall
Quantities be in accordance with the provisions of the conditions of contract(s) in
(BOQ) Volume–I and IV of tender document referred in ITT Clause 5.1.
VOLUME-I PAGE 17
Tender 12.1 The Contract shall be for the complete Work as described in Clause 1.2, based
Prices on the Bill of Quantities (BoQ) and scope of work submitted in Volume III
online.
12.2 The Tenderer should quote his rates only in one language i.e., either in Hindi
or English. Rates should be quoted in figures as well as in words and in case
a Tenderer has quoted rates in both the languages, the rates so quoted differ,
then the lower of the two shall be treated as the rate quoted by the Tenderer.
12 3. The tenderer shall online quote his Lump Sum price/Percentage rate for the
complete work as given in prescribed format of the tender document.
12.4 Items not specifically listed in the Bill of Quantities (BOQ) but required to be
executed for the satisfactory completion of the system as specified, shall not
be separately paid for by the Department when executed and shall deemed to
have been covered under Percentage Rate Contract in his Bill of Quantities
(BOQ).
12.5 For all imported equipment(s) or components, the Tenderer under this
Contract must provide a copy of the duties paid for the record of the
department.
12.6 The contractor shall satisfy himself regarding the availability of the material
required for execution within the time frame prescribed for the work and if
desired shall take into account the cost of superior material to be used as its
replacement. No time extension or additional cost shall be allowed on this
account.
12.7 The prices quoted by the bidder includes defect liability period of one year
after completion of work; for which no payment shall be made seperatly.
12.8 The prices and amounts quoted by the Tenderer shall allow for all costs
including labour, materials, construction of plant and equipment, transport
charges, any other expenses to fulfill the obligations towards any ITT clause
of the tender document, Custom Duty, Octroi, GST, Income Tax, Sales Tax,
Turnover Tax, Service Tax, Professional Tax or any other duties, levies, taxes,
labour cess, work contract tax or charges whatsoever to the State or Central
Department or to the Local Bodies on the components or the completed
Works or the operation and maintenance works and for satisfactory
performance of the Tenderer’s obligations under this contract including
defect liability period.
Tender 13.1 All prices shall be quoted in the Indian Rupee. The department will not
Currency arrange any foreign currencies for import of any type of
material/plant/spares etc.
Earnest 14.1 An Earnest money as mentioned in NIT shall be deposited through demand
Money draft of nationalized/ scheduled bank in the name of “Additional Chief
Engineer (PHED Jaipur Region-I, Jaipur, payable at Jaipur, District Jaipur.
Tenders received without earnest money or with part earnest money, shall be
rejected out-rightly and shall not be opened.
VOLUME-I PAGE 18
14.2 The enlisted contractor in appropriate class in PHED shall required to pay
Earnest Money @ ½ % of estimated cost of work, in case of work for which they
are authorized to tender under Rules for enlistment of Tenderers, but the
amount to the extent of full Earnest money shall be liable to be forfeited in the
event of circumstances explained in ITT Clause 14.6 below.
14.3 The format of the bank guarantee for earnest money shall be in accordance
with the form of Earnest Money included as Annexure 2 to ITT in Volume I
of the tender documents. The Bank Guarantee submitted for earnest money
must be valid for six (6) months, from the date of submission of tender as per
ITT clause 15.1.
14.4 The receipt of an Accountant, Cashier or any other official, not authorized to
receive such amount, will not be considered as an acknowledgment of
payment to the Additional Chief Engineer or other duly authorized Engineer.
14.5 . In case of successful bidder, the amount of EMD may be adjusted in arriving
at the amount of Security Deposit, or refunded, if successful bidder
furnishes full amount of security deposit. A contractor may, however, elect
to furnish bank guarantee or any acceptable form of security for an amount
equal to the full amount of security deposit @ 10% of work order before or
at the time of executing agreement. In that case earnest money may be
refunded only after furnishing of bank guarantee as above.
14.6 The Earnest Money may be forfeited

a. if the Tenderer withdraws its tender during the period of tender validity
b. if the Tenderer fails within the specified time limit to sign the Contract
Agreement, in accordance with ITT Clause.
c. If a tenderer reduces the rates voluntarily or modifies his offer
voluntarily after opening of the financial tenders/ negotiations, his offer
shall stand cancelled automatically, his earnest money shall be forfeited
and action for debarring him from business shall be taken as per
enlistment rules.
14.7 The Tenderer shall also deposit e-procurement fees of Rs. 1000/- in the form
of Demand Draft / Banker Cheque in the name of Managing Director , RISL
Payable at Jaipur in this office along with Tender Cost and Earnest Money.
The Bidder should upload scanned copy of DD/BC on e-procurement fees
website along with documentary proof of depositing them in the office of
Additional Chief Engineer, PHED, Jaipur Region-I, Jaipur.
Period of 15.1 The tenders for the works shall remain open for acceptance for the period
Validity of of 90 days from the date of opening of the Pre-Qualification tender or
Tender mutually extended period. A tender valid for a shorter period shall be
rejected by the Department as being non-responsive
If any tenderer withdraws his tender prior to expiry of said validity period or
mutually extended period or makes modification in the rates, terms and
conditions of the tender within the said period, which are not acceptable to
VOLUME-I PAGE 19
the department, or fails to commence the work in the specified period/fails to

execute the agreement, the department shall, without prejudice to any other
right or remedy, be at liberty to forfeit the amount of earnest money given in
any form absolutely. If any Tenderer, who having submitted a tender does
not execute the agreement or start the work or does not complete the work
and the work has to be put to re-tendering, he shall stand debarred from
participating in such re-tendering in addition to forfeiture of Earnest
Money/Security Deposit and other action under agreement
15.2 In exceptional circumstances, the Department may seek the Tenderer's
consent to an extension of the tender validity period The request and
responses thereto shall be made in writing or by fax If a Tenderer accepts
to prolong the period of validity, the Earnest Money shall also be suitably
extended.
Format and 16.1 The Bidder shall submit their bid in electronic format Digitally signing the
Signing of same. Bidder shall procure digital certificate as per requirement of IT Act -
Tender 2000.
In the event of the tender being submitted by a firm, it must be signed
separately by each partner, thereof, or in the event of the absence of any
partner, it must be signed on his behalf, by a person holding a power of
Attorney, authorizing him to do so Such power of Attorney will be submitted
with the tender and it must disclose that the firm is duly registered under the
Indian Partnership Act, By submitting the copy of registration certificate. In
case of a Company, the duly authorized representative of the company
holding a valid power of attorney on the date of respective correspondence.
Submission 16.2 Bidder shall submit the tender electronically along with all addendum duly
of tenders signed digitally online on the web site www.eproc.rajasthan.gov.in.
16.3 Financial offer shall be submitted on line on the web site

www.eproc.rajasthan.gov.in and shall be digitally signed.
Sealing and 17.1 The Tenderer shall submit the tender along with all addendums as
Marking of downloaded from website in electronic format digitally signing each
Tenders page/document on website http://www.eproc.rajasthan.gov.in
17.2 The tenders shall be submitted in Three Covers.
Cover-1
1. Scanned copy of DD/BC of Tender Cost, Earnest Money and e-
procurement fees along with documentary proof of depositing the same in
the office of Additional Chief Engineer, PHED, Jaipur Region-I, Jaipur.
2. The contractor shall submit scanned copy of registration certificate.
Contents of 17.3 Cover-2
Cover-2 - It should contain Pre-Qualification bid and Technical Bid along with :
General a) The Tender Letter, as per Annexure - 1
requirements
b) The name and designation of person signing shall be clearly indicated. In
case of partnership firm / limited company / group of companies, a power
VOLUME-I PAGE 20
of attorney for the person authorized to sign, issued by the partners or

authorized signatory shall accompany the tender in Format at Annexure -3.
c) An undertaking confirming that "for modifications/deviations to
Conditions of Contract / Technical Specifications no price information is
indicated in Envelope A. shall be enclosed. Tenders not containing such
undertaking will not be considered for further evaluation As per
Annexure-4
d) A declaration shall have to be made by the tenderer that he has read,
understood and accepted without changes, revisions or conditions, the
tender documents and addenda (if any) issued by the Department As per
Annexure 5
e) A declaration under the official Secrets Act for maintaining secrecy of the
tender documents, drawings or other records connected with the work
given to him as indicated in clause 1.6 of ITT As per Annexure-6
f) Declaration by bidder as per Rajasthan Transpatency in Public
Procurement Rule 2013 as per annexure-7
g) The tender letter in form of "tender for works" given with General
conditions of contract shall be electronically filled and digitally signed. All
signatures shall be digitized. As per Schedule 1.1
h) Bidder’s Information as per Schedule 2.
i) The tender should be accompanied with GST Registration /GST clearance
certificates from the concerned departmental authorities, without which
the tenders may not be entertained.
j) Pre-Qualification Schedules as required in this Vol-I along with supporting
documents, consisting of Pre-Qualification Schedules (3.1 & 3.2) dully filled
and signed along with scanned copies of supporting documents, consisting
of Summary of the relevant experience of the work as desired / required
as per tender document digitally signed along with attested copies of
respective work order and successful completion certificate.
k) Affidavit for work in hand on non-judicial stamp paper of Rs 100/- duly
attested by notary- as per schedule 4
l) Undertaking for deviations as per schedule 5.1, 5.2 and 5.3
m) Form CON for Historical Contract Non Performance – As per Form CON
Note :
The pre-qualification and technical schedules have to be prepared very
carefully since they will be the basis for the evaluation of the proposals.
Only relevant & to the point information shall be indicated in the
schedules. The supporting documents must contain all the complementary
information to assess the quality & the conformity of the proposed material
with the specification of the tender documents. Tenderer must not give the
information not requested in the tender document nor make any
comments. The tenderer shall not furnish indiscriminately complete
catalogue of manufactures & suppliers but only project specific
information.
VOLUME-I PAGE 21
Contents of 17.4 Cover-3 Financial Bid

Cover-3 Price Bid duly filled along with Preamble digitally signed by authorized
signatory.
Deadline for 18.1 Tenders shall be submitted on website http://www.eproc.rajasthan.gov.in
Submission as per ITT Clause 17 duly signed digitally by the authorized signatory
of Tenders before the scheduled date and time for submission prescribed for on line
submission .
Late Tenders 19.1 The system does not permit electronic submission of tenders after the due
date and time.
F. Tender Opening and Evaluation
Opening of 20.1 The Additional Chief Engineer or other duly authorized Committee will
Tenders by open the tenders online on website in the presence of Tenderer(s) or their
Department authorized representative(s) who may choose to be present at the time of
tender opening. The tenders shall be opened in two stages. In first stage the
pre-qualification bid shall be opened and evaluated. The financial bid shall be
opened of responsive tenderers, pre-qualified by competent authority, at a
later date, which will be informed to all responsive and pre-qualified
tenderers.
20.2 In first stage, Cover 1 & 2 of the Bid, as per Clause 17 will be opened. The
tenderers' names, the presence (or absence) of Earnest Money/ Tender cost/
e-procurement fees, and other details, will be announced by the Tender
Opening Committee at the time of opening.
Preliminary 21.1 The contents of the Cover 1 & 2 of the individual tenders will be examined
Examination summarily in order to assess their formal conformity and agreement with the
of Tenders instructions and guidance to the Tenderers and the completeness. Any tender
not conforming to any of these requirements may be disqualified forthwith at
the discretion of Department
Confidential 21.2 The department will evaluate the tender information relating to the
Treatment examination, clarification and comparison of the tenderers and
recommendations for the award of the Contract shall not be disclosed to
tenderers or to any other person not officially concerned with the evaluation
process until the award to the successful -Tenderer has been announced.
Any effort by a Tenderer to influence the evaluation process or the
recommendations and decisions for award may result in the rejection of its
tender.
Substantial 21.3. Notwithstanding the preliminary examination, the department will
Tender determine the substantial tenderer. Substantial tenders are those which meet
the following requirements:
• Properly digitally signed,
• Earnest money ,Tender Fee & processing fees in the required format from a
Nationalized / Scheduled bank,
• Responsive to all requirements of the tender documents and pre
qualification criteria,
VOLUME-I PAGE 22
• Clarification and substantiation required to assess the quality of the offer,

• No deviations other than those specified in clause 10.1 above and
reservations affecting the scope and quality of the work, limiting the rights
of the Department Or the tenderers obligations, or whose rectification would
affect the competitive position of the other substantial tenderer.
2 1 . 4 If a tender Is not substantially responsive it will be rejected by the
Department and will not be used for further evaluation. The financial offers
of non responsive tenderer will not be opened. The Department's
determination of a tender's responsiveness is to be based on the contents of
the tender itself without recourse to extrinsic evidence.
It is expressly stated that the information contained in the Cover -1 & 2 of
the tender will be used to define whether a tender is substantial or not. The
Tenderers are therefore, advised to submit complete tenders only.
Evaluation 22.1 The Department will carry out a detailed evaluation of the tenders as per
for Pre- clause no. 21.3 in order to determine whether the firm is qualified in
Qualification accordance with the requirements of the tender documents as per clause 4.
In order to reach such a determination, the Department will examine the
information provided in the schedules and the submitted supporting
documents, on the basis of the information supplied by the tenderers
22.2 The firms Qualified will be informed by the Department in due course of time
through designated website.
22.3 Department reserves the right to ask for submission of the source of
procurement for the materials for which the tenderer has quoted his rates
before the tender can be considered for acceptance. If the tenderer, who is
called upon to do so, does not submit within a reasonable time of written
order to do so, the Department shall be at liberty to forfeit the said earnest
money absolutely.
Financial 23.1 The original financial offer of the Pre qualified tenderers whose tenders are
Evaluation determined responsive will be opened at a date as notified by the
department.
23.2 The Additional Chief Engineer or other duly authorized Committee will open
the tenders on line on website in the presence of any Tenderer(s) or their
authorized representatives who choose to be present at the time of opening
of financial tenders, and will enter the rate/amount of all tenders in the
register of Opening of Tenders.
23.3 If on check, there are some discrepancies, the following procedure shall be
followed: -
When there is a difference between the rate quoted by the tenderer in words
and figures, the lower of the two rates shall be taken as valid and correct rate.
23 4 The financial evaluation shall be done on quoted rates
The Tenders shall be ranked on increasing order of the Tender Price
G. Award of Contract
Award 24.1 Subject to ITT clause 23, the Department will award the contract normally to
Criteria the lowest evaluated tenderer.
VOLUME-I PAGE 23
Department's 25.1 The acceptance of the tender will rest with the Department who does not bind
Right to itself to accept the lowest tender and reserves to itself the authority to reject
Accept Any any or all of tenders received without assigning any reason.
Tender and 25.2 The Department's right to accept or reject any or all tenders at any time prior
to Reject Any to award of contract, will not inccur any liability, to the affected Tenderer or
or All tenderers or any obligation to inform the affected Tenderer or tenderers, of
Tenders the grounds for the Department's action
Notification 26.1 Prior to the expiry of the period of tender validity, the Department will notify
of Award the successful Tenderer through email or in writing by registered letter or by
fax, to be confirmed in writing by registered letter, that its tender has been
accepted. The notification of award will constitute the formation of the
contract, for all legal purposes.
Signing the 27.1 Within Ten (10) days of department's notice, the successful tenderer shall sign
Contract the contract agreement
Agreement The following, duly filled in and signed documents, shall form the contract
agreement,
a) Agreement (format placed at Annex 8')
b) Letter of award and any pre-award correspondence between
Department and the Tenderer
c) Tender documents contained in;
• Vol-I : Conditions of Contract, Pre-qualification Schedules and
Annexure
• Vol-II : Scope of Work and Technical Specification and Tender
Drawings.
• Vol-III : Bill of Quantities (BOQ)
• All addendums issued by the department.
d) The Tender Offer
27.2 On acceptance of the tender, the name of the accredited representative(s)
of the Tenderer (with a photograph and signature attested), who would be
responsible for taking instructions from the Department / Engineer in
charge, shall be communicated to the Engineer-in-charge
27.3 After acceptance of the tender, the Tenderer or all partners (in the case of
partnership firm) or the authorized representative of the firm with a valid
power of attorney will append photographs and signatures duly attested at
the time of execution of Agreement
27.4 Receipts for payments, made on account of a work when executed, by a firm
must also be signed by the several partners, except where the contractors are
described in their tender as a firm, in which case the receipts must be sighed
in the name of the firm by one of the partners or by some other person
having authority to give effectual receipts for the firm
27.5 GST on materials, or Income Tax in respect of the contract shall be governed
by provisions given in the Conditions of Contract Deduction of Income Tax
at source will be made as per provisions of the Income Tax Act, in force from
time to time
27 6 If any Tenderer, who having submitted a tender does not execute the
agreement or start the work or does not complete the work and the work has
VOLUME-I PAGE 24
to be put to retendering, he shall stand debarred from participating in such

retendering in addition to forfeiture of earnest money/ security deposit and
other action under agreement.
Corrupt or 28.1 The Department defines, for the purposes of this provision, the terms set
Fraudulent forth below as follows'
Practices (i) "corrupt practice" means the offering, giving, receiving or soliciting of any
thing or value to influence the action of a public 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 Department, and includes collusive practice among
tenderers (prior to or after tender submission) designed to establish tender
prices at artificial non-competitive levels and to deprive the benefits of free
and open competition.
28.2 Any effort by a Tenderer to influence the Department in the Department's
tender evaluation, tender comparison or contract award decisions may
result in rejection of the Tenderers tender
28.3. The Department will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or fraudulent
practices in competing for the contract in question.
Documents 29.1 All documents /certificates submitted by the tenderer on line, shall be
sanctity considered by the department at the time of the prequalification and
technical evaluation. If at any point of time on verification of the
documents/certificates submitted by the bidder found to be
false/fraud/fake/bogus/counterfeit etc. the contract shall be liable to be .
these rules, guidelines issued rejected and necessary action shall be taken
against the contractor/firm as per rule/law in force.
Code of 30.1 Any person participating in the procurement process shall -

Integrity (a) not offer any bribe, reward or gift or any material benefit either directly or
indirectly in exchange for an unfair advantage in procurement process or
to otherwise influence the procurement process;
(b) not misrepresent or omit that misleads or attempts to mislead so as to
obtain a financial or other benefit or avoid an obligation;
(c) not indulge in any collusion, Bid rigging or anticompetitive behavior to
impair the transparency, fairness and progress of the procurement
process;
(d) not misuse any information shared between the procuring Entity and the
Bidders with an intent to gain unfair advantage in the procurement
process
(e) not indulge in any coercion including impairing or harming or threatening
to do the same, directly or indirectly, to any party or to its property to
influence the procurement process;
(f) not obstruct any investigation or audit of a procurement process;
VOLUME-I PAGE 25
(g) disclose conflict of interest, if any; and

(h) disclose any previous transgressions with any Entity in India or any other
country during the last three years or any debarment by any other
procuring entity.
Conflict of 30.2 The Bidder participating in a bidding process must not have a Conflict of
Interest Interest
I. A conflict of interest is considered to be a situation in which a party has
interests that could improperly influence that party's performance of official
duties or responsibilities, contractual obligations, or compliance with
applicable laws and regulations.
II. The situations in which a procuring entity or its personnel may be
considered to be in conflict of interest includes, but not limited to
following:-
a. A conflict of interest occurs when procuring entity’s personnel’s private
interests such as outside professional or other relationships or personnel
financial assets, interest or appear to interfere with the proper
performance of its professional functions or obligations as a procurement
official.
b. Within the procurement environment, a conflict of interest may arriece in
connection with such private interest as personal investments and assets,
political or other outside activities and affiliations while in the service of
the procuring entity, employment after retirement from the procuring
entity’s service or the receipt of a gift that may place the procuring
entity’s personnel in a position of obligation.
c. A conflict of interest also includes the use of procuring entity’s assets,
including human, financial and material assets, or the use of procuring
entity’s office or knowledge gained from official functions for private
gain or to prejudice the position of someone procuring entity’s
personnel’s does not favour.
d. A conflict of interest may also arise in situation where procuring entity’s
personnel is seen to benefit directly or indirectly, or allow a third party,
including family, friends or someone they favour, to benefit from
procuring entity’s personnel’s actions or decisions.
III.A Bidder may be considered to be in conflict of interest with one or more
parties in this bidding process if, including but not limited to:
a. have controlling partners/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 purposes 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
Procuring Entity regarding this bidding process; or
e. the Bidder participates in more than one Bid in this bidding process.
Participation by a Bidder in more than one Bid will result in the
disqualification of all Bids in which the Bidder is involved. However, this
VOLUME-I PAGE 26
does not limit the inclusion of the same subcontractor, not otherwise
participating as a Bidder, in more than one Bid; or
f. the Bidder or any of its affiliates participated as a consultant in the
preparation of the design or technical specifications of the Goods and
Services that are the subject of the Bid; or
g. Bidder or any of its affiliates has been hired (or is proposed to be hired) by
the Procuring Entity as engineer-in-charge/ consultant for the contract.
Breach of code 31. without prejudice to the provisions of chapter IV of the Act, in case of breach
of integrity by of any provision of the code of integrity by a bidder or prospective bidder, as
the bidder the case may be, the procuring entity may take appropriate action in
(Rule 82 of
accordance with the provisions of subsection (3) of section 11 and section 46.
RTPP Rules
2013)
Form of 32.1 An appeal under sub section (1) or (4) of section 38 shall be in Form along
appeal (Rule with as many copies as there are respondents in the appeal.
83 of RTPP 32.2 Every appeal shall be accompanied by an order appealed against. If any,
Rules 2013) affidavit verifying the facts stated in the appeal and proof of payment of fee.
32.3 Every appeal may be presented to First appellate authority or Secord
appellate authority, as the case may be, in person or through registered post
or authorized representative.
Fee for filing 33.1 Fee for first appeal shall be rupees two thousand five hundred and for second
appeal (Rule appeal shall be rupee ten Thousand, which shall be non refundable.
84 of RTPP 33.2 The fee shall be paid in the form of Bank demand draft or Banker’s cheque of
Rule 2013) a scheduled Bank payable in the name of appellate authority concerned.
Procedure 34.1 the First Appellate Authority or Second Appellate Authority, as the case may
for disposal be, upon filing of appeal shall issue notice accompanied by copy of appeal,
of appeal ( affidavit and documents , if any, to the respondents and fix date of hearing.
Rule 85 of 34.2 on the date fixed for hearing, the First appeal authority or second appeal
RTPP Rules authority, as the case may be, shall;-
2013)
a. hear all the parties to appeal present before him and
b. perused or inspect documents, relevant records or copies thereof relating to
the matter
34.3 After hearing the parties, perusal or inspection of documents and relevant
records or copies thereof relating to the matter, the Appellate Authority
concerned shall pass an order in writing and provide the copy of order to the
parties to appeal, free of cost.
34.4 The order passed under sub rule (3) shall also be placed on the State Public
Procurement Portal.
Repeal and 35. All rules, regulations, orders, notifications, departmental codes, mannuals, by
savings laws, official memoranda or circular relating to procurement of goods,
(Rule 86 of services or works provided for in these rules, which are in force on the date of
RTPP Rules commencement of these rules, in relation to the matter covered by these rules
2013) are herebye repealed to the extent they are covered by these rules;
Provided that such repeal shall not affect the previous operation of rules,
VOLUME-I PAGE 27
regulations, orders, notifications, departmental codes, mannuals, by laws,

official memoranda or circular, so repealed and the procurement process
commenced before the commencement of these rules shall continue as per the
provisions of rules, regulations, orders, notifications, departmental codes,
mannuals, by laws, official memoranda or circular, so repealed.
Grievance 36 The Grievance Redressal during Procurement (as per Rajasthan Transparency
Redressal in public procurement rule, 2013) will be as per provisions in Annexure-10
during
Procurement
Additional Chief Engineer

Jaipur Region-I, Jaipur
VOLUME-I PAGE 28
Annex 1
Tender Letter
To
Jaipur Region-I, Jyoti Nagar, Jaipur
Subject: “Work of Providing, laying, testing and commissioning of DI / HDPE pipe line,
Construction of RCC OHSR with allied civil works with Defect Liability of One
year and O&M for 5 years after Defect Liability Period under Conversion of TSS
into Piped Water Supply Scheme, Sanjay Nagar, Tehsil Khetri, District
Jhunjhunu on SPR Turnkey basis.”
Ref: Your NIT No : ………./2018-19

Dear Sir,
1. Having carefully examined all the parts of the tender documents and the addenda (if any) for
the execution of the above mentioned works, having obtained all requisite information
affecting this tender, having visited the site and being aware of all conditions and difficulties
likely to affect the execution of the contract, we, the undersigned, hereby offer to execute the
Single Responsibility Turn key job on Lump Sum basis/ Item Rate Contract as described in
the Tender Documents and to hand over the whole of the said works in conformity with the
drawings, conditions of contract, technical conditions and scope of work, for the sum
indicated in the financial offer and such other sum as may be ascertained in accordance with
the Contract.
2. We declare that we have read and understood and that we accept all clauses, conditions,
descriptions, drawings of the tender documents Volume I to Volume II, and subsequent
addenda (if any) without any change, reservations and conditions. If any change, reservation
or condition has been made in our tender we herewith withdraw it.
3. We undertake, if our tender is accepted, to commence the work within 10 days of the work
order and to complete the work in the stipulated time for completion.
4. If our tender is accepted we will provide a security deposit in the required form in the sums
as stipulated in the tender documents.
5. Unless and until the formal agreement is prepared and signed, this tender, together with your
written acceptance thereof shall constitute a binding contract between us.
6. We agree to abide by this tender for the period of 120 days from the date of opening of the
pre-qualification bids and it shall remain binding upon us and may be accepted by you at any
time before the expiry of that period, and not to make any modifications in its terms and
conditions which are not acceptable to you.
7. Together with the tender we submit the earnest money of Rs. 1) .........................
as 2) ...........................
VOLUME-I PAGE 29
Dated this....................... Day ..................................... 20....
3)
................................................ in the capacity of 4)......................................................
Duly authorized to sign the tender for and on behalf of 5)..................................................
Name:
Address:
Telephone: Telefax: Telex:
Signature of the authorized representative ..............................................
___________________________________________
1 - Amount of Earnest Money
2 - Indicate the form in which it is provided
3 – Name of authorized representative of the firm
4 - Designation
5 - Name of Tenderer
VOLUME-I PAGE 30
RPWA-87
(Rule 335 & 594(iii))
Annex 2
FORM OF BANK GUARANTEE BOND FOR EARNEST MONEY IN EXCESS OF Rs TEN LACS
To
The Governor of the State of Rajasthan
Through Additional Chief Engineer, Jaipur Region-I, PHED, Jaipur
Whereas the Governor of the State of Rajasthan through Additional Chief Engineer, Jaipur
Region-I, PHED, Jaipur (here-in-after called “the Department”) has called for tenders for
execution of “Work of Providing, laying, testing and commissioning of DI / HDPE pipe
line, Construction of RCC OHSR with allied civil works with Defect Liability of One
year and O&M for 5 years after Defect Liability Period under Conversion of TSS into
Piped Water Supply Scheme, Sanjay Nagar, Tehsil Khetri, District Jhunjhunu on SPR
Turnkey basis.” Earnest Money is to be deposited along with the tender, and whereas, the
Rules of the State Department permit deposit of Earnest Money up to Rs. 10.00 Lacs in cash, and
the balance in the form of Bank Guarantee.
1. In consideration of the Governor of State of Rajasthan having made such a stipulation in

Rule 595 (iii) (a) of the Public Works Financial & Accounts Rules, and M/s ………………..
(name of contractors) are desirous of depositing Earnest Money in excess of Rs. 10 Lac i.e.
Rs. ………… (Rupees……………. only) (excess over Rs. 10 Lacs) in the form of Bank
Guarantee as Earnest Money in order to participate in the tender for work above
mentioned as per said Rules, and will be so permitted on production of a Bank Guarantee
for Rs………………. (Rupees ……………. only), We ……………………. (indicate name of
the “Bank”), here-in-after referred to as the “Bank” at the request of M/s …………,
contractor(s), do hereby undertake to pay to the Department an amount not exceeding Rs.
……………. (Rupees……………. only) on demand.
2. We………………… (indicate the name of Bank), do hereby undertake to pay Rs.
……………. only) the amounts due and payable under this guarantee without any demur
or delay, merely on a demand from the Department. Any such demand made on the bank
by the Department shall be conclusive and payable by the Bank under this guarantee. The
Bank Guarantee shall be completely at the disposal of the Department and We
…………….. (indicate the name of Bank), bound ourselves with all directions given by
Department regarding this Bank Guarantee. However, our liability under this guarantee
shall be restricted to an amount not exceeding Rs……………. (Rupees………….. only).
3. We ……………. (indicate the name of Bank), undertake to pay to the Department any
money so demanded notwithstanding any dispute or disputes raised by the contractor(s)
in any suit or proceeding pending before any Court or Tribunal or Arbitrator etc. relating
thereto, our liability under these presents being absolute, unequivocal and unconditional.
4. We……………… (indicate the name of Bank) further agree with the Department that the
Department shall have the fullest liberty without our consent and without affecting in any
manner our obligations, hereunder to extend the date of receipt of such tenders for the
work as aforesaid or to vary any other terms and conditions of the Notice Inviting
Tenders or the tender, extend the validity of tenders, or time for completion of the work,
etc. We shall not be relieved from our liability by reason of any such variation or
VOLUME-I PAGE 31
extension or for any forbearance, act or omission on the part of the Department or any
indulgence by the Department, to the said contractor(s) or by any such matter or thing
whatsoever which would but for this provision, have the effect of so relieving us.
5. The liability of us………………… (indicate the name of Bank), under this guarantee will
not be discharged due to the change in the constitution of the Bank or the Contractor(s).
6. We …………… (indicate the name of Bank), lastly undertake not to revoke this guarantee
except with the previous consent of the Department in writing.
7. This Guarantee shall remain valid and in full effect, until it is decided to be discharged by
the Department. Notwithstanding anything mentioned above, our liability against this
guarantee is restricted to Rs.…………… (Rupees ………………….. only).
8. It shall not be necessary for the State Department to proceed against the contractor before
proceeding against the Bank and the guarantee herein contained shall be enforceable
against the Bank notwithstanding any security which the State Department may have
obtained or obtain from the contractor.
9. The Bank Guarantee shall be payable at the headquarters of the Division, or the nearest
District Headquarters. If the last date of expiry of the Bank Guarantee happens to be a
holiday of the Bank, the Bank Guarantee shall expire on the close of the next working day.
Dated ………….. day of ………….. For and on behalf of the Bank (indicate the Bank)
Signature & Designation
The above Guarantee is accepted by the Department of the State of Rajasthan

For and on behalf of the Governor of State of Rajasthan
Signature
VOLUME-I PAGE 32
Power of Attorney of the representative of a firm Annex 3.
Power of Attorney for Authorized Representative

The firm M/s………………………………..authorize the following Representative to sign and
submit the tender document, negotiate terms and conditions for the contract, to sign the
contract, to deal with the PHED, to issue and receive correspondence related to all matters of the
tender “Work of Providing, laying, testing and commissioning of DI / HDPE pipe line,
Construction of RCC OHSR with allied civil works with Defect Liability of One year and
O&M for 5 years after Defect Liability Period under Conversion of TSS into Piped Water
Supply Scheme, Sanjay Nagar, Tehsil Khetri, District Jhunjhunu on SPR Turnkey basis.”
.We / M/s __________________ undertake the responsibility due to any act of the representative
appointed hear by.
For Partnership Firm’s
S. No. Name of the All Partner Signature of Partner with Seal
1.
2.
4 Name and Designation of the

person Authorized
5 Attested Signature of the

Authorized Representative
For Limited Firm’s
Name and Designation of the person

Authorized
Firm
Address
Telephone No.
Fax No.
Telex No.
Authority By which the Powers is

delegated
Attested Signature of the Authorized

Representative
Name and Designation of person

attesting the signatures
To be Prepared on Stamp Paper of Rs.100/- duly attested by Notary
VOLUME-I PAGE 33
Annexure – 4
Undertaking by Tenderer
I/We undertake and confirm that “for modifications/ deviations to Conditions of Contract/
Technical Specifications no price information is indicated in Envelope A.
I/We understand that if this Undertaking is found to be incorrect, our tender may not be considered
for Evaluation in future for financial evaluation, for which I/WE shall be liable for all consequences
and / or damages.
Signature
With Seal
Full Name ________________
Designation______________
Address _______________
(Authorized representative)
VOLUME-I PAGE 34
Annexure – 5
Declaration
I/We _____________________________ the undersigned, hereby certify that I/We have

read, understood all the terms and conditions given in the tender document, including
those in the addenda issued by the Department and the same are acceptable to us without
any deviations.
If this declaration is found to be incorrect then without prejudice to any other action
that may be taken, my/our security may be forfeited in full & the tender, if any to the
extent accepted may be cancelled.
Signature
With Seal
Full Name ________________

Designation______________
Address _______________
VOLUME-I PAGE 35
Annexure – 6
Declaration – Under the official Secrets Act
“I/We hereby declare that I/We shall treat the tender documents, drawings and other
records, connected with the work, as secret confidential documents and shall not
communicate information derived there from to any person other than a person to whom
I/We am/are authorized to communicate the same or use the information in any manner
prejudicial to the safety of the same”.
I/We understand that failure to observe the secrecy of the tenders will render the tender,
liable to summary rejection.
Signature
WITH SEAL
Full Name ________________

Designation_______________
Address _________________
VOLUME-I PAGE 36
Annexure:-7
(Clause 17.3(f) & 30.2)
(as per Rajasthan Transparency in

public procurement rule, 2013)
Declaration by the Bidder
In relation to my /our Bid submitted to Additional Chief Engineer, PHED, Region Jaipur-I for
“Work of Providing, laying, testing and commissioning of DI / HDPE pipe line,
Supply Scheme, Sanjay Nagar, Tehsil Khetri, District Jhunjhunu on SPR Turnkey basis.”,
I/we hereby declare under Section 7 of Rajasthan Transparency Procurement Act, 2012, that:
1. I/we possess the necessary professional, technical, financial and managerial resources
and competence required by the Bidding Document issued by the department;
2. I/we have fulfilled my/our obligation to pay such of the taxes payable to the Union and
the State Government or any local authority as specified in the Bidding Document;
3. I/we are not insolvent, in receivership, bankrupt or being wound up, not have my/our
affairs administered by a court or a judicial officer, not have my/our business activities
suspended and not the subject of legal proceedings for any of the foregoing reasons;
4. I/we do not have, and our directors and officers not have, been convicted of any criminal
offence related to my/our professional conduct or the making of false statements or
misrepresentations as to my/our qualifications to enter into a procurement contract
within a period of three years preceding the commencement of this procurement process,
or not have been otherwise disqualified pursuant to debarment proceedings;
5. I/we do not have a conflict of interest as specified in the Act, Rules and the Bidding
Document, which materially affects fair competition;
Signature of bidder:
Name:
Designation:
Address:
Place:
Date:
VOLUME-I PAGE 37
Form of Agreement Annexure - 8
THIS Agreement made the ________ day of ________20_____ between the Additional Chief
Engineer, Jaipur Region-I, PHED, Jaipur (hereinafter called PHED) on behalf of the Governor of
Rajasthan of the one part and _____________________ of ________________ (hereinafter called
Contractor) of the other part.
WHEREAS the PHED is desirous for execution of “Work of Providing, laying, testing and
commissioning of DI / HDPE pipe line, Construction of RCC OHSR with allied civil
works with Defect Liability of One year and O&M for 5 years after Defect Liability Period
under Conversion of TSS into Piped Water Supply Scheme, Sanjay Nagar, Tehsil Khetri,
District Jhunjhunu on SPR Turnkey basis..”
.
Whereas the PHED has accepted a tender by the Contractor for the execution, completion and
maintenance of such work,
NOW THIS AGREEMENT WITNESSES as follows:
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the conditions of Contract hereinafter referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz.:
1. Form of agreement
2. Letter of award and any pre-award correspondence between Department and the
Tenderer
3. Tender documents contained in;
Vol-I : Conditions of Contract, Pre-qualification Schedules, Annexures
Vol-II : Scope of Work and Technical Specification
Vol-III : Tender Drawings
Vol-IV : Schedule of Prices
4. All addenda issued
5. The Tender Offer
3. The signed and initialed Tender Documents shall be deemed to form and be read and
constructed as part of this Agreement.
4. In consideration of the payments to be made by the PHED to the Contractor as hereinafter
mentioned, the Contractor hereby covenants with the PHED to provide, execute, and to complete
the work, remedy the defects, commission the work and maintain it in conformity in all respects
with the provisions of the Contract.
5. The PHED hereby covenants to pay the Contractor in consideration of the provisions, execution,
completion of the works, remedying of the defects therein and maintenance of the work the
Contract Price or that sum as may become payable under the conditions of the Contract at the
times and in the manner prescribed by the Contract.
VOLUME-I PAGE 38
6. The following are the salient data of the agreement:

➢ Contract sum Rs ______________
➢ Security Deposit: Rs ______________ ( 10 % of the payments)
➢ Time for completion:
Execution Part : 12 Months
Defect liability period :
12 months after the successful completion and
commissioning of the work.
O&M : 60 Months after successful completion of Defect

Liability Period
IN WITNESS thereof the parties to these present have hereto set and subscribed their
respective hands the day, month and year first above written.
SIGNED for and on behalf of PHED
Witness
SIGNED for and on behalf of the Contractor
Authorized representative Witness
VOLUME-I PAGE 39
RPWA 88 A
(Rules 338 & 595(iii) c)
Model Form of Bank Guarantee Bond for making up full security deposit Annex 9
To
The Governor of the State of Rajasthan
Through , PHED, Additional Chief Engineer, Jaipur Region, PHED, Jaipur Whereas the
Governor of the State of Rajasthan through Additional Chief Engineer, Jaipur Region-I, PHED,
Jaipur (here-in-after called “the Department”) having entered into an agreement No___ dated
____ with M/s __________________________ (herein after called the contractor) for execution of
“Work of Providing, laying, testing and commissioning of DI / HDPE pipe line,
Supply Scheme, Sanjay Nagar, Tehsil Khetri, District Jhunjhunu on SPR Turnkey basis.”
.
herein after called “the said Agreement” under which the contractor(s) M/s _______________
have applied to furnish Bank Guarantee to makeup the full Security Deposit.
1. In consideration of the Governor of State of Rajasthan having made such a stipulation in
agreement. We ______________ (indicate name of the “Bank”), here-in-after referred to as
the “Bank” at the request of M/s _____________, contractor(s), do hereby undertake to
pay to the Department an amount not exceeding Rs. ____________ (Rupees
_______________ only) on demand.
2. We ______________ (indicate the name of Bank), do hereby undertake to pay Rs.
__________________ only) under this guarantee without any demur or delay, merely on a
demand from the Department. Any such demand made on the bank by the Department
shall be conclusive and payable by the Bank under this guarantee. The Bank Guarantee
shall be completely at the disposal of the Department and We ___________ (indicate the
name of Bank), bound ourselves with all directions given by Department regarding this
Bank Guarantee. However, our liability under this guarantee shall be restricted to an
amount not exceeding Rs______________ (Rupees_______________ only).
3. We _________________ (indicate the name of Bank), undertake to pay to the Department
any money so demanded notwithstanding any dispute or disputes raised by the
contractor(s) in any suit or proceeding pending before any Court or Tribunal or
Arbitrator etc. relating thereto, our liability under these presents being absolute,
unequivocal and unconditional.
4. We_________________ (indicate the name of Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be taken for
the performance of the said Agreement and that it shall continue enforceable till all the
dues of the Department under or by virtue of the said Agreement have been fully paid
and its claims satisfied or discharged or till the Department certifies that the terms and
conditions of the said Agreement have been fully and properly carried out by the said
contractor(s) and accordingly discharges this guarantee.
VOLUME-I PAGE 40
5. We____________________ (indicate the name of Bank) further agree with the Department
that the Department shall have the fullest liberty without our consent and without
affecting in any manner our obligations, hereunder to vary any of the terms and
conditions of the said agreement or to extend time of performance by the said
contractor(s) from time to time or to postpone for any time or from time to time any of the
powers exercisable by the Department against the said contractor(s) and to forbear or
enforce any of the terms and conditions relating to the said agreement and we shall not be
relieved from our liability by reason of any such variation, or extension being granted to
the said contractor(s) or for any forbearance act of omission on the part of the Department
or any indulgence by the Department to the said contractor or by any such matter or
thing whatsoever which would but for this provision, have effect of so reliving us.
6. The liability of us__________________ (indicate the name of Bank), under this guarantee
will not be discharged due to the change in the constitution of the Bank or the
Contractor(s).
7. We ____________________ (indicate the name of Bank), lastly undertake not to revoke this
guarantee except with the previous consent of the Department in writing.
8. This Guarantee shall remain valid and in full effect, until it is decided to be discharged by
the Department. Notwithstanding anything mentioned above, our liability against this
guarantee is restricted to Rs__________________ (Rupees __________________________
only).
9. It shall not be necessary for the State Department to proceed against the contractor before
proceeding against the Bank and the guarantee herein contained shall be enforceable
against the Bank notwithstanding any security which the State Department may have
obtained or obtain from the contractor.
10. The Bank Guarantee shall be payable at the headquarters of the Division, or the nearest
District Headquarters. If the last date of expiry of the Bank Guarantee happens to be a
holiday of the Bank, the Bank Guarantee shall expire on the close of the next working day.
Dated _____________ day of __________________________ for and on behalf of the Bank (indicate
the Bank)
Signature & Designation
The above Guarantee is accepted by the Department of the State of Rajasthan
For and on behalf of the Governor of State of Rajasthan
Signature
Note: Guarantee to be made on stamp paper purchased by the bank only.
VOLUME-I PAGE 41
Annexure:- 10:
Clause-30.3
Grievance Redressal during Procurement
(as per Rajasthan Transparency in public procurement rule, 2013)
The designation and address of the First Appellate Authority is Chief Engineer (R), PHED, Jaipur
The designation and address of the Second Appellate Authority is Pr. Secretary, PHED,
Rajasthan, Jaipur.
1. Filing an appeal
If any Bidder or prospective bidder is aggrieved that any decision, action or omission of
the Procuring Entity is in contravention to the provisions of the Act or the Rules or the
Guidelines issued there under, he may file an appeal to First Appellate Authority, as
specified in the Bidding Document within a period of ten days from the date of such
decision or action, omission, as the case may be, clearly giving the specific ground or
grounds on which he feels aggrieved:
Provided that after the declaration of a Bidder as successful the appeal may be filed only
by a Bidder who has participated in procurement proceedings:
Provided further that in case a Procuring Entity evaluates the Technical Bids before the
opening of the Financial Bids, an appeal related to the matter of Financial Bids may be
filed only by a Bidder whose Technical Bid is found to be acceptable.
2. The officer to whom an appeal is filed under para (1) shall deal with the appeal as
expeditiously as possible and shall Endeavour to dispose it of within thirty days from the
date of the appeal.
3. If the officer designated under para (1) fails to dispose of the appeal filed within the
period specified in para (2), or if the Bidder or prospective bidder or the Procuring Entity
is aggrieved by the order passed by the First Appellate Authority, the Bidder or
prospective bidder or the Procuring Entity, as the case may be, may file a second appeal
to Second Appellate Authority specified in the Bidding Document in this behalf within
fifteen days from the expiry of the period specified in para (2) or of the date of receipt of
the order passed by the First Appellate Authority, as the case may be.
4. Appeal not to lie in certain cases
No appeal shall lie against any decision of the Procuring Entity relating to the following
matters, namely:-
a) determination of need of procurement;
b) provisions limiting participation of Bidders in the Bid process;
c) the decision of whether or not to enter into negotiations;
d) cancellation of a procurement process;
e) applicability of the provisions of confidentiality.
5. Form of Appeal
a) An appeal under para (1) or (3) above shall be in the annexed Form along with as
many copies as there are respondents in the appeal.
b) Every appeal shall be accompanied by an order appealed against, if any, affidavit
verifying the facts stated in the appeal and proof of payment of fee.
c) Every appeal may be presented to First Appellate Authority or Second Appellate
Authority, as the case may be, in person or through registered post or authorized
representative.
VOLUME-I PAGE 42
6. Fee for filing appeal

a) Fee for first appeal shall be rupees two thousand five hundred and for second appeal
shall be rupees ten thousand, which shall be non-refundable.
b) The fee shall be paid in the form of bank demand draft or banker’s cheque of a
Scheduled Bank in India payable in the name of Appellate Authority concerned.
7. Procedure for disposal of appeal
a) The First Appellate Authority or Second Appellate Authority, as the case may be,
upon filing of appeal shall issue notice accompanied by copy of appeal, affidavit and
documents, if any, to the respondents and fix date of hearing.
b) On the date fixed for hearing, the First Appellate Authority or Second Appellate
Authority, as the case may be, shall –
(i) hear all the parties to appeal present before him; and
(ii) Peruse or ins pect documents, relevant records or copies thereof relating to the
matter.
c) After hearing the parties, perusal or inspection of documents and relevant records or
copies thereof relating to the matter, the Appellate Authority concerned shall pass an
order in writing and provide the copy of order to the parties to appeal free of cost.
d) The order passed under sub-clause (c) above shall also be placed on the State Public
Procurement Portal.
VOLUME-I PAGE 43
MEMORANDUM OF APPEAL UNDER THE RAJASTHAN TRANSPARENCY IN PUBLIC PROCUREMENT

ACT, 2012
Appeal No .........…... of ……………….
Before the ………………………… (First/ Second Appellate Authority)
1. Particulars of appellant:
(i) Name of the appellant:
(ii) Official address, if any:
(iii) Residential address
2. Name and address of the respondent(s)
(i)
(ii)
(iii)
3. Number and date of the order
appealed against and name and
designation of the officer/ authority
who passed the order (enclose
copy), or a statement of a decision,
action or omission of the Procuring
Entity in contravention to the
provisions of the Act by which the
appellant is aggrieved:
4. If the Appellant proposes to be
represented by a representative, the
name and postal address of the
representative:
5. Number of affidavits and
documents enclosed with the
appeal:
6. Grounds of
appeal:……………………………………………………………………………………….
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
….
.................................................... (Supported by an affidavit)
7. Prayer :
……………………………………………………………………………………………………………
…...………………………………………………………………………………………………………
……….…………………………………………………………………………………………………
……………...
Place: …………………………
Date : ………………………….
Appellant’s Signature ……………………….
VOLUME-I PAGE 44
PRE-QUALIFICATION SCHEDULES
Preamble to Schedules
Tenderers are required to provide complete information asked in the schedules. No schedule or
item of schedule is to be left blank. In case, a particular schedule or item in schedule is not
applicable, the same should be clearly indicated. The information provided in the schedules shall
be used for Pre-Qualification evaluation of the tenders to assess the suitability and conformity of
the firm/offer. However, it is clarified that, whatever technical particulars are proposed or
considered by the Tenderer for his financial offer, all the equipment to be finally provided, in case
of award, shall correspond to the specifications of the tender documents and shall be subject to
the approval of the Engineer-in-Charge as stipulated in Special Conditions of Contract Part ‘A’ in
Vol.-I of the tender documents. No claim for additional payments shall be entertained during the
course of the approval process or thereafter on this account.
It is expected that the tenderer will quote with a view to supply equipment of best makes and
conforming to the highest standards. Tenderer has to consider for his financial offer, makes
specified in the document. For items not covered by the list of equipment for which makes are
specified or if the specifications are not specified in the tender document, only makes of reputed
manufacturers of equipment corresponding to the state of art technology and / or to the latest
Indian standards shall be supplied after approval of Engineer in Charge.
Information provided by the tenderer in the schedules is for preliminary assessment of the offer.
However, these details are subject to approval of the Engineer-in-Charge based upon the detailed
drawings / designs / data-sheets / specifications to be submitted by the tenderer in conformity
with the tender documents.
Signature of Authorised Representative........................................
VOLUME-I PAGE 45
Schedule - 1 (Tender Form)

1. Tender forms
The Tenderer has to fill in all tender forms (if applicable) in this document and to submit them
duly signed and stamped. They shall be used for the evaluation of his offer, the assessment
whether his tender is substantial and for his pre-qualification.
The Tenderer shall neither add nor delete the texts of the forms. This might lead to the rejection of
the tender. The papers shall remain bound in the tender document issued to the Tenderer. The
supporting papers as indicated in Part B, Section 2 of the tender documents shall be bound in a
box file, in the same order as they appear hereafter.
Tender forms and supporting papers required
Designation What to do? Supporting papers
Tender Letter to be filled in, signed and

stamped
Statement having read to be filled in, signed and

TD and addenda stamped
General information to be filled in, signed and Powers of Attorney, attested by Notary on
about the tenderer stamped stamp paper of Rs 100;
Earnest Money in required form;
Evidence of experience of firm in similar
jobs;
Certificates of clearance of Tax On Sale and
purchase of goods;
Tender Letter, Letter for to be filled in, signed and

Tender for Work, stamped
Declarations &
Undertakings
Pre Qualification to be filled in, signed and Pre-Qualification Criteria

stamped
Signature of Authorized Representative.......................................................
VOLUME-I PAGE 46
Schedule 2: Information to be supplied by the Bidder
1 Bidder’s legal name

2 Address
3 Telephone No.
a) Office
b) Residence
c) Factory
d) Fax
e) Email
4 Authorized
representative name &
contact Number
5. In case of Private Limited Co.
Whether article of association and Enclosed at Page No………………
Memorandum enclosed or not Not enclosed/Not applicable
List of present directors along with Enclosed at page No…………………..

their current & Permanent address Not enclosed/Not applicable
enclosed or not
6 In case of Partnership firm
Whether copy of partnership deed Enclosed at Page No………………
in case of partnership firm along with Not enclosed/Not applicable
their address enclosed or not
7 In case of Consortium
Consortium Partner’s legal name
Address
Telephone No.
a) Office
b) Residence
c) Factory
d) Fax
e) Email
Certificate of registration/ Enclosed at Page No………………
incorporation and memorandum of Not enclosed/Not applicable
association or constitution of the
consortium named above
Whether letter of intent to form Consortium or Enclosed at Page No………………
Consortium agreement Not enclosed/Not applicable
enclosed or not
8 Bid Security (EMD)
Amount Deposited ………………………………………………..
Form of Deposit (mention No. & Date) ……………………………………………….
Company Seal Signature of authorized representative
VOLUME-I PAGE 47
SCHEDULE 3- FOR PRE-QUALIFICATION OF TENDRER

3.1. ELIGIBLE BIDDER (Pre-Qualification Criteria as in Clause 4.1 of ITT)
3.1 Eligible The bidder shall be registered/enlisted in appropriate class as per

bidder PWF & AR part II Appendix 16, dated 01.07.1999 and amended up
to date. The duly notarized copy of registration certificate is to be
enclosed.
attached at page No…… as issued by ……(name of
authority)……vide No………. dated…………
3.2. FINANCIAL CRITERIA (Pre Qualification Criteria as in Clause 4.2 of ITT)

Bidding Capacity (clause 4.2.1)
SNo. Particular to be filled
1 Maximum Annual Turn Over in last 3 A

Financial Years Rs in Lacs
2. Liability of present works in hand B

during the contract period (Rs in Lacs)
as per Format 5
3. Bidding capacity 2 x A x 1.0 – B

(Rs in Lacs)
General notes:
1. Construction turnover of the bidder shall be as per certificate of Chartered Accountant
based on audited balance sheets.
2. Turn over of previous years shall be given additional weightage @ 10% per year to
bring the same to current price level to account for price escalation, as illustrated
below:
Effective Annual Turn Over at
Year Annual Turn over
2018-19 price level
2017-18 A 1.0 x A
2016-17 B 1.1 x B
2015-16 C 1.21 x C
2014-15 D 1.33 x D
2013-14 E 1.46 x E
2012-13 F 1.61 x F
2011-12 G 1.77 G
VOLUME-I PAGE 48
3.3. Technical criteria:

The bidder should have experience of the following works related to drinking water supply
schemes / projects during last 7 financial years and up to date of submission of tender.
3.3.1. Project Execution:-
The Firm should have experience of Execution and Successful commissioning of one similar
completed work costing not less then the amount equal to Rs. 41.5 Lacs
Amount of completed
Reference of documentary Detail of work completed
authority/ no/ date

Date of Completion
certificate issuing
Name of Project/
Work Order No/
proof under the project

Name of Client
Date of start of
date/ amount
Completion
of project
Contract
Project
work
S.N
Work Order Completion Item No/ Capacit

(enclosed at certificate Dia y
page No) (enclosed at
page No)
Pipe
Line
OHSR
3.3.2. Experience of RCC OHSR:

.
S.N Name Name Work Date of Date of Amoun Completi Reference of Detail of work completed
of of Order start of Completi t of on documentary proof under the project
Project Client No/ Project on of complet certificate
/ date/ project ed issuing Work Completion Capacity of Staging
Contrac amount work authority Order certificate OHSR
t / no/ (enclosed (enclosed at
date at page page No)
No)
NOTE:
• Client Certificate towards satisfactory completion of work from officer not below the rank of
Executive Engineer or its equivalent should be attached in respect of each work. Completion
certificate should clearly mention commissioning of the project and its components, required
as per PQ criteria. Each experience certificate should be supported by copy of work order.
• The tenderer shall keep original certificates with him for verification and will present, if
required, at a short notice of 3 day to the department.
Company Seal Tenderer’s Authorized Signature
VOLUME-I PAGE 49
Format 4
To be prepared on non-judicial stamp paper of Rs 100/- duly attested by notary.
AFFIDAVIT FOR WORKS IN HAND

This is to certify that the status of the present works in hand as on date of submission of bid
for which either order(s) are received or the work is under execution but which are still not
completed is as under:
(Amount Rs in Lacs)
S Brief WO Authorit Stipulat Stipulate Time left Cost of Cost of Balance Remaining
No descript No./ y ed date d date of for awarded work Cost of un cost of work to
ion of dt. of start completi execution work executed executed be executed in
work on as on as on work as on next 12
date (in date date Months on
months) proportional
basis
1 2a 2b 2c 3 4 5 6 7 8=6-7 Col 9= Col 8,

for Col 5 ≤ 12
months
Col 9= Col 8 x
12/Col 5
for Col 5 >12
Months
Total (total of column 9 to be used as "B" for calculation of bidding capacity)
This is certified that the information submitted above is true in all respect and can be used
for calculation of the bidding capacity as per the formula given in ITT .This is also certified
that there is no any other order(s) under execution that shall materially affect our bidding
capacity.
Company Seal Tenderer’s Authorised

Signature
VOLUME-I PAGE 50
Schedule – 5 UNDERTAKING AND DEVIATIONS

5.1. Undertaking
Undertaking in respect of the Tender for “Work of Providing, laying, testing and
commissioning of DI / HDPE pipe line, Construction of RCC OHSR with allied
civil works with Defect Liability of One year and O&M for 5 years after Defect
Liability Period under Conversion of TSS into Piped Water Supply Scheme, Sanjay
Nagar, Tehsil Khetri, District Jhunjhunu on SPR Turnkey basis..”as per NIT No. :
/ 2018-19 (to be filled by the tenderer)
• I/We hereby agree to all terms and conditions, scope of work, specifications except to
the deviation given in schedule 5.2 and 5.3. We undertake that the contents of the
submitted tenders, the write-up given, the designs attached herein and the
figures/components shown in the drawings submitted with the tender, do not
provide any deviations from the terms and conditions, scope of work and
specifications.
• I/we agree to withdraw all such deviations which indicates any deviation from the
terms and conditions, scope of work and specifications other than those given in
Schedule 5.2 and 5.3, which can be interpreted from the write up, attached designs,
schedules, drawings etc. given in the submitted tender
• I/we also agree to provide the equipment / material specified in the approved
vendor list / tender document without any additional cost for completion of the
work.
• I/We understand that the Department can ask us to provide any additional
equipment as shown in the drawings or as written in the tender document without
any additional cost. I/We also understand that the department may also opt to
provide any of the equipment of other makes / specifications quoted by us in the
tender document without providing us any opportunity to change the financial offer,
without having any effect on the Department right to ask us to supply material of
specifications and makes as per the tender document.
• I/We also agree that irrespective to the designs and drawings given in this tender
offer, we shall execute the work as per the designs and drawings approved by the
Engineer in Charge during execution, in consideration to the provisions of the Tender
Document.
Company Seal Tenderer’s Authorised Signature
VOLUME-I PAGE 51
5.2. DEVIATIONS FROM TECHNICAL SPECIFICATION

All deviations from Technical Specifications shall be filled in by the Tenderer, clause by
clause, in this Schedule. It may be noted that the Specifications given in the Vol.-I of
Tender Document are the minimum acceptable; the tenderers are free to quote standards
that are better / higher than the ones referred to in the Tender Document.
Clause Ref. Specification Deviation Standard to Which offered

of Vol- I material / equipment
confirms
The tenderer hereby certifies that the above mentioned are the only deviations from
Technical Specifications of the Tender and he accepts all the remaining scope and
specifications contained in Vol.-II of the Tender document.
VOLUME-I PAGE 52
5.3. DEVIATIONS FROM CONDITIONS OF CONTRACT
All deviations from the Conditions of Contract (General Conditions of Contract and
Special Conditions) shall be filled in by the Tenderer, clause by clause in this Schedule
Clause Ref. of Vol. - I Deviation
The Tenderer hereby certificates that the above mentioned are the only deviations from
the Conditions of Contract of Vol.-I and he agrees with all remaining conditions.
VOLUME-I PAGE 53
Form CON : Historicial Contract Non-Performance

(Following table shall be filled in for the Bidder and for each member of a JV)
Date (Insert day,month,year)
Bidder's Legal name (Insert full name)
Bidder's party Legal Name (Insert full name)
Page (Insert page number) of (Insert total number) pages
1. History of Non-Performing Contracts
Non Performing Contracts

• Conctract non-performance did not occur during the last 2 years prior to the dead line for
Bid submission, in accordance with the Pre-qualification criteria.
OR
• Contract(s) not performed durint the last 2 years prior to the deadline for Bid submission.
In accordance with the Pr-qualification criteria, is (are) indicated below :
Year Non-performed portion Contract Identification Total Contract Amount

of contract (current value)
(Insert (Insert amount and Contract Identification : (Insert complete (Insert amount)
year) percentage) contract name, number, and any other
identification)
Name of Employer : (Insert full name)
Address of Employer (Insert
street/city/country)
Reason(s) for non-performance [Indicate
main reason(s)]
2. Failure to Sign Contract
Failure to Sign Contract

• No failure to sign a contract in accordance with the Pre-qualification criteria
OR
• Failure to sign a contract in accordance with the Pre-qualification criteria is (are)
indicated below :
Year Contract identification Total Reasons for failure to

Contract sign the contract
Amount
(Insert Contract identification : ( indicate complete (Insert
year) contract name, number, and any other amount)
identification)
Name of institution (insert full name)
Address of institution (insert
street/city/Country)
VOLUME-I PAGE 54
3. Pending Litigation
Pending Litigation
• No pending litigation in accordance with the Pre-qualification criteria
OR
• Pending litigation in accordance with the prequalification criteria is (are) indicated
below :
Year of Amount in Outcome as Contract Identification Total Contract

dispute dispute percentage of Amount
net worth
(Insert year) (Insert (Insert Contract identification : (Insert amount)
amount) percentage) (indicate complete contract name,
number, and any other
identification ) Name
of Employer : (Insert Full name)
Address of Employer : (insert
street/city/country)
Matter in dispute :(indicate main
issues in dispute)
Status of dispute (Indicate if it is
being treated by the Adjudicator,
under Arbitration or being dealt
with by the Judiciary)
VOLUME-I PAGE 55
Amended upto 25.08.2006

(“Copy of appendix XI of PWF&AR, Govt. of Rajasthan effective from 01.07.99 and subsequent
addendum dated 19.03.2001 & 29.03.2001 and other amendments up to date. In case of any
typographical error or omission or alteration the original version of the same shall be valid.”)
GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS
1. All works, proposed for execution by contract, will be notified in a form of Invitation to tender
pasted on public places and on a board hung up in the office and signed by the Chief Engineer
or other duly Authorized Engineer.
The form of invitation to tender will state the work to be carried out, as well as the date for
submitting and opening of tenders, and the time allowed for carrying out the work; also the
amount of Earnest Money to be deposited with the tender, and the amount of the Security
Deposit to be deposited by the successful tenderer and the percentage, if any, to be deducted
from bills. Copies of the specifications, Designs and drawings and Estimated rates/Scheduled
rates and any other documents required in connection with the work signed for the purpose of
identification by the Executive Engineer, shall also be open for inspection by the contractor at
the office of the Chief Engineer or other duly authorized Engineer during office hours.
2. In the event of the tender being submitted by a firm, it must be signed separately by each
partner, thereof, or in the event of the absence of any partner, it must the signed on his behalf,
by a person holding a power of attorney, authorizing him to do so. Such power of Attorney
will be submitted with the tender and it must disclose that the firm is duly registered under
Indian Partnership Act, by submitting the copy of registration certificate.
3. Receipts for payments, made on account of a work when executed, by a firm must also be
signed by the several partners, except where the contractors are described in their tender as a
firm, in which case the receipts must be signed in the name of the firm by one of the partners
or by some other person having authority to give effectual receipts for the firm.
4. Any person, who submits percentage rate tender, shall fill up the usual printed form stating at
how much percent, above or below the rates specified in scheduled G, he is willing to
undertake the work. Only one rate of percentage more or less on all the Estimated rates/
Scheduled rates shall be mentioned. Tenders, which propose any alteration in the work
specified in the said form of invitation to tender, or in the time allowed for carrying out the
work, or which contain any other conditions of any sort, will be liable to rejection. No single
tender shall include more than one work, but contractors who wish to tender for two or more
works shall submit a separate tender for each work. Tenders shall have the name and number
of the work, to which they refer, written outside the envelope.
5. The Chief Engineer or other duly authorized Engineer will open the tenders in the presence of
any tendering contractor(s) or their authorized representatives who may be present at the
time, and will announce and enter the rates/amounts of all tenders in the register of Opening
of tenders, (Form RPWA 20A). In the event of the tender being accepted, a receipt for the
Earnest Money deposited shall be given to the contractor, who shall sign copies of the
specifications and other documents mentioned in Rule 1. In the event of a tender being
rejected, the earnest money forwarded with such unaccepted tenders shall, be returned to the
Contractor making the same.
6. The Chief Engineer or other duly authorized Engineer shall have the right of rejecting all or
any of the tender without assigning any reason.
VOLUME-I PAGE 56
7. The receipt of an Accountant, Cashier or any other official, not authorized to receive such
amount, will not be considered as an acknowledgement of payment to the Chief Engineer or
other duly authorized Engineer.
8. The memorandum of work tendered for, the memorandum of materials and of Tools and
Plants to be supplied by the Department and their rates, shall be filled in and completed in the
office of the Chief Engineer or duly authorized Engineer before the tender form is issued.
9. If it is found that the tender is not submitted in proper manner, or contains too many
corrections and or unreasonable rates or amounts, it would be open for the Engineer-in-charge
not to consider the tender, forfeit the amount of earnest money and/or delist the contractor.
10. The tenderer shall sign a declaration under the Official Secrets Act for maintaining secrecy of
the tender document, drawings or other records connected with the work given to him in
form given below. The unsuccessful tenderer shall return all the drawings given to them.
Declarations
“I/We hereby declare that I/We shall treat the tender documents, drawings and other records,
connected with the work, as secret confidential documents, and shall not communicate
information derived there from to any person other than a person to whom I/We am/are
authorized to communicate the same or use the information in any manner prejudicial to the
safety of the same.”
11. Any percentage rate tender containing item-wise rates, and any item rate tender containing
percentage rate below or above estimated/scheduled rates, will be summarily rejected.
However, if a tenderer voluntarily offers a rebate for payment within a stipulated period, this
may be considered.
12. On acceptance of the tender, the name of the accredited representative(s) of the Contractor
(with a photograph and signature attested), who would be responsible for taking instructions
from the Engineer in charge, shall be communicated to the Engineer-in-charge.
13. Sales tax or any other tax on materials, or Income Tax in respect of the contract shall be
governed by Clause 36 A, B and C and D of the Conditions of Contract. Deduction of Income
Tax at source will be made as per provisions of the Income Tax Act, in force from time to
time.
14. The tender to work shall not be witnessed by a Contractor or Contractors who
himself/themselves has/have tendered or who may and has/have tendered for the same
work. Failure to observe the secrecy of the tenders will render tenders of the contractors,
tendering as well as witnessing the tender, liable to summary rejection.
15. If on check, there are discrepancies, the following procedure shall be followed:-
(i) Where there is a difference between the rates in figures and words, lower of the two rates shall
be taken as valid and correct rate.
(ii) When the rate quoted by the contractor in figures and in words tallies, but the amount is not
worked out correctly, the rate quoted by the contractor shall be taken as correct and not the
amount worked out.
(iii) While quoting rates, if rate/rates against any item or items are found to be omitted, the rate
given in the Schedule ‘G’ by the department for such items will be taken into account while
preparing comparative statement and contractor shall be bound to execute such item on ‘G’
Schedule rates.
(iv) In case where percentage is given but the ‘above’ or ‘below’ not scored, the tender will be
non-responsive.
VOLUME-I PAGE 57
16. The Contractor shall comply with the provisions of the Apprenticeship Act, 1961, and the
rules and orders issued, there under, from time to time. If he fails to do so, his failure will be
breach of the contract and the original sanctioning authority in his discretion may cancel the
contract. The Contractor shall also be liable for any pecuniary liability arising on account of
violations by him of the provisions of the Act.
17. The Contractor shall read the specifications and study the working drawings carefully before
submitting the tender.
18. The site for execution of the work will be made available as soon as the work is awarded. In
case, it is not possible for the Department to make the entire site available on the award of the
work, the Contractor shall arrange his working programme accordingly. No claim,
whatsoever, for not giving the site in full on award of the work or for giving the site
gradually in parts will be tenable. The contractor may satisfy himself regarding site,
acquisition of land, approach roads etc.
19. The tender documents show already the specific terms and conditions on which tenders are
required by the Government. Hence, all tenders should be in strict conformity with the tender
documents and should be fulfilled in, wherever necessary, and initialed. Incomplete tenders
are liable to be rejected. The terms and conditions of the tender documents are firm, as such
conditional tenders are liable to be rejected.
20. The tenderer, while submitting tender, must provide adequate information regarding his
financial, technical and organizational capacity and working experience to execute the work
of the nature and magnitude.
21. The Chief Engineer or other duly authorized Engineer reserves the right to ask for submission
of samples as in respect of materials for which the tenderer has quoted his rates before the
tender can be considered for acceptance. If the tenderer, who is called upon to do so, does not
submit within seven days of written order to do so, the Engineer-in-charge shall be at liberty
to forfeit the said earnest money absolutely.
22. The Contractor shall submit the list of the works, which are in hand (progress), in the
following form:-
Name of Name and particular of Amount Position of works Remarks
work the Sub-Division / of work in progress
Division, where work is
being executed
1 2 3 4 5
23. The Contractor should quote his rates only in one language i.e. either in Hindi or English.
Rates should be quoted in figures as well as in words. In case a Contractor has quoted rates in
both the languages, and the rates so quoted differ, then the lower of the two shall be treated
as the rate quoted by the Contractor.
24. All additions, deletions, corrections and overwriting, must be serially numbered and attested
by the Contractor at every page, so also by the officer opening the tenders, so as to make
further disputes impossible on this score.
25. After acceptance of the tender, the Contractor or all partners (in the case of partnership firm),
will append photographs and signatures duly attested, at the time of execution of Agreement.
VOLUME-I PAGE 58
26. If any contractor, who having submitted a tender does not execute the agreement or start the
work or does not complete the work and the work has to be put to retendering, he shall stand
debarred from participating in such retendering in addition to forfeiture of Earnest
Money/Security Deposit and other action under agreement.
27. The tender documents shall be issued to those contractors only having valid enlistment as on
the date of issue of documents.
28. (a) If a tenderer reduces the rates voluntarily after opening of the tenders/negotiations, his
offer shall stand cancelled automatically, his earnest money shall be forfeited and action for
debarring him from business shall be taken as per enlistment rules.
(b) If a non-tenderer offers lower rates after opening of tenders, action for debarring him
from business shall be taken as per enlistment rules.
29. Contractors shall submit only unconditional tenders. Conditional tenders are liable to be
rejected summarily.
VOLUME-I PAGE 59
Tender for Works
I/We hereby tender for the “Work of Providing, laying, testing and commissioning of DI /
HDPE pipe line, Construction of RCC OHSR with allied civil works with Defect Liability
of One year and O&M for 5 years after Defect Liability Period under Conversion of TSS
into Piped Water Supply Scheme, Sanjay Nagar, Tehsil Khetri, District Jhunjhunu on
SPR Turnkey basis.” for the Governor of the State of Rajasthan of the work specified in the
underwritten memorandum within the time specified in such memorandum at Lump Sum
amount specified in the Schedule attached in tender document. I/We have visited the site of
work and am/are fully aware of all the difficulties and conditions likely to affect carrying out
the work. I/We have fully acquainted myself/ourselves about the conditions in regard to
accessibility of site and quarries/kilns, nature and the extent of ground, working conditions
including stacking of materials, installation of tools & Plant, conditions effecting accommodation
and movement of labour etc required for the satisfactory execution of contract.
Memorandum
General description of work.- “Work of Providing, laying, testing and commissioning of DI
/ HDPE pipe line, Construction of RCC OHSR with allied civil works with Defect
Liability of One year and O&M for 5 years after Defect Liability Period under
Conversion of TSS into Piped Water Supply Scheme, Sanjay Nagar, Tehsil Khetri,
District Jhunjhunu on SPR Turnkey basis.”
(a) Estimated Cost Rs 276.67 Lacs.
(b) Earnest Money Rs 5,53,340.0 @ 2%
(c) Security Deposit:
(i) “The security deposit @ 10% of the gross amount of the running bill shall be deducted
from each running bill and shall be refunded as per rules on completion of the
contract as per terms and conditions. In case of successful bidder, the amount of
EMD may be adjusted in arriving at the amount of Security Deposit, or refunded,
if successful bidder furnishes full amount of security deposit.
A contractor may, however, elect to furnish bank guarantee or any acceptable form of
security for an amount equal to the full amount of security deposit @ 10% of the work
order before or at the time of executing the agreement. In that case earnest money
may be refunded only after furnishing of the bank guarantee as above. During the
execution of the work or after completion of the work also a contractor may replace
the security deposit by furnishing bank guarantee for an equal amount. However,
during execution of the work if cost of work exceeds as shown at the time of
furnishing bank guarantee, balance security deposit shall be deducted from the
Running Account Bills."
If the contractor during the course of execution of the work or after completion of the
work desires to replace the security deposit paid in cash or deducted from running
bills by bank guarantee, he may be allowed to furnish a bank guarantee in the
prescribed form for the required amount and period and after accepting of such bank
guarantee the amount of such security deposit earlier deposited/deducted may be
refunded.
(ii) Bank Guarantee shall in all cases be payable at the headquarter of the Division or the
nearest District Headquarters.
VOLUME-I PAGE 60
(d) Time allowed for the completion of work (to be reckoned from the 10th day after the date of
written order to commence the work) is 12 months. Should this tender be accepted in whole
or in Part, I/We hereby agree to abide by and fulfill all the terms and provisions of the
conditions of contract annexed hereto and of the detailed notice for technical and financial
bids, or in default thereof, to forfeit and pay to the Governor of Rajasthan or his successors in
office, the sum of money mentioned in the said conditions.
A sum of Rs. ……..Lacs is forwarded herewith in the form of Cash, Bank Draft, Bankers Cheque
as Earnest Money. This amount of earnest money shall absolutely be forfeited to the Governor of
Rajasthan or his successor in office without prejudice to any other right or remedies of Governor
of Rajasthan or his office, should I/We fail to commence the work specified in the above
memorandum.
Signature of Witness Signature of

Contractor
Witness's address & occupation Address of Contractor
Date
The above tender is hereby accepted by me on behalf of the Governor of Rajasthan
Dated the _____________ Engineer-in-charge
(“Copy of appendix XI of PWF&AR, Govt. of Rajasthan effective from 01.07.99 and subsequent
addendum upto date. In case of any typographical error or omission or alteration the original
version of the same shall be valid.”)
VOLUME-I PAGE 61
GENERAL CONDITIONS OF CONTRACT

Clause 1: Security Deposit
“The security deposit @ 10% of the gross amount of the running bill shall be deducted from each
running bill and shall be refunded as per rules on completion of the contract as per terms and
conditions. The earnest money deposited shall however be adjusted while deducting security
deposit from the first running bill of the contractor. There will be no maximum limit of security
deposit.
A contractor may, however, elect to furnish bank guarantee or any acceptable form of security for
an amount equal to the full amount of security deposit @ 10% of the work order before or at the
time of executing the agreement. In that case earnest money may be refunded only after
furnishing of the bank guarantee as above. During the execution of the work or after completion
of the work also a contractor may replace the security deposit by furnishing bank guarantee for
an equal amount. However, during execution of the work if cost of work exceeds as shown at the
time of furnishing bank guarantee, balance security deposit shall be deducted from the Running
Account Bills."
If the contractor during the course of execution of the work or after completion of the work
desires to replace the security deposit paid in cash or deducted from running bills by bank
guarantee, he may be allowed to furnish a bank guarantee in the prescribed form for the required
amount and period and after accepting of such bank guarantee the amount of such security
deposit earlier deposited/deducted may be refunded.
All compensation or other sums of money payable by the Contractor to Government under the
terms of his contract may be deducted from or paid by the sale of a sufficient part of his Security
Deposit, or from interest arising there from, or from any sums, which may be due or may become
due to the Contractor by the Government on any account whatsoever, and in the event of his
Security Deposit being reduced by reason of any such deduction or sale as aforesaid, the
Contractor shall within ten days thereafter, make good in cash or Bank Guarantee of
Nationalized/Scheduled bank, as aforesaid, any sum or sums which may have been deducted
from or raised by sale of his Security Deposit or any part thereof.
In case of Bank Guarantee of any Nationalized/Scheduled Bank is furnished by the Contractor to
the Government, as part of the Security Deposit and the bank goes into liquidation or, for any
reason is unable to make payment against the said Bank Guarantee, the loss caused thereby shall
fall on the Contractor and the Contractor shall forthwith, on demand, furnish additional security
to the Government to make good the deficit.
The liability or obligation of the bank under the Guarantee Bond shall not be affected or
suspended by any dispute between the Engineer-in-Charge and the Contractor, and the payment,
under the Guarantee Bond by the bank to the Government shall not wait till disputes are decided.
The bank shall pay the amount under the Guarantee, without any demur, merely on a demand
from the Government stating that the amount claimed is required to meet the recoveries due or
likely to be due from the Contractor. The demand, so made, shall be conclusive as regards to
amount due and payable by the bank, under the guarantee limited to the amount specified in the
Guarantee Bond. The guarantee will not be discharged due to the change in the constitution of
the Bank or the Contractor.
The Bank Guarantee shall remain valid upto the specified date unless extended on demand by
the Engineer-in-Charge which shall include the period of completion of the contract and the
defect removal period as per terms of the Agreement. Bank’s liability shall stand automatically
discharged unless a claim in writing is lodged with the Bank within the period stated in the Bank
Guarantee including the extended period. After satisfactory completion of the contract and
VOLUME-I PAGE 62
clearance of all dues by the Contractor, the Chief Engineer or duly authorized Engineer will
discharge the Bank Guarantee after expiry of the original or the extended period, as the case may
be. In case the date of expiry of the Bank Guarantee is a holiday, it will be deemed to expire on
the close of the next working day.
Government is not concerned with any interest accruing to the Contractor on any form of
Security (primary or collateral) lodged by him with the bank or any sums payable to sureties
obtained by the Bank as counter guarantee to secure its own position. These will be the matters
between the Bank and the Contractor.
Clause 2: Compensation for delay
The time allowed for carrying out the work (9 Months), as entered in the tender, shall be strictly
observed by the Contractor and shall be reckoned from the 10th day after the date of written
order to commence the work is given to the Contractor. If the Contractor does not commence the
work within the period specified in the work order, he shall stand liable for the forfeiture of the
amount of Earnest Money and Security Deposit. Besides, appropriate action may be taken by the
Engineer-in-Charge/competent authority to debar him from taking part in future tenders for a
specified period or black list him. The work shall, throughout the stipulated period of completion
of the contract, be proceeded with all due diligence, time being essence of the contract, on the part
of the Contractor. To ensure good progress during the execution of work, the contractor shall be
bound, in all cases in which the time allowed for any work exceeds one month (save for special
jobs), to complete 1/8th of the whole of the work before 1/4th of the whole time allowed under
the contract has elapsed, 3/8th of the work before ½ of such time has elapsed and 3/4th of work
before 3/4th of such time has elapsed. If the contractor fails to complete the work in accordance
with this time schedule in terms of cost in money, and the delay in execution of work is
attributable to the contractor, the contractor shall be liable to pay compensation to the
Government at every time span as below: -
A. Time Span of 1/4th 1/2th 3/4th Full

full stipulated
period
B. Work to be 1/8th 3/8th 3/4th Full

completed in
terms of money (Rs……….) (Rs. ….….) (Rs. …….) (Rs. …….)
C. Compensation Delay up to one fourth period of the prescribed time span – 2.5% of
payable by the the work remained unexecuted
contractor for
Delay exceeding one fourth period but not exceeding half of the
delay
prescribed time span – 5% of the work remained unexecuted.
attributable to
contractor at Delay exceeding half of the period but not exceeding three fourth of
the stage of : the prescribed time span – 7.5% of the work remained unexecuted
Delay exceeding three fourth of the prescribed time span – 10% of

the work remained unexecuted
VOLUME-I PAGE 63
Note: In case delayed period over a particular span is split up and is jointly attributable to
Government and contractor, the competent authority may reduce the compensation in
proportion of delay attributable to Government over entire delayed period over that span
after clubbing up the split delays attributable to Government and this reduced compensation
would be applicable over the entire delayed period without paying any escalation.
Following illustrations is given:-
(i) First time span is 6 months, delay is of 30 days which is split over as under:-
5 days (attributable to Government) + 5 days (attributable to contractor) + 5 days
(attributable to Government) + 5 days (attributable to contractor) + 5 days (attributable to
Government) + 5 days (attributable to contractor)
Total delay is thus clubbed to 15 days (attributable to Government) and 15 days (attributable
to contractor).
The normal compensation of 30 days as per clause 2 of agreement is 2.5%, which can be
reduced as 2.5*15/30-1.25% over 30 days without any escalation by competent authority.
Note : The compensation, levied as above, shall be recoverable from the Running Account Bill to
be paid immediately after the concerned time span. Total compensation for delays shall not
exceed 10 percent of the total value of the work.
The contractor shall, further, be bound to carry out the work in accordance with the date and
quantity entered in the progress statement attached to the tender.
In case the delay in execution of work is attributable to the contractor, the span wise
compensation, as laid down in this clause shall be mandatory. However, in case the slow
progress in one time span is covered up within original stipulated period, then the amount of
such compensation levied earlier shall be refunded. The Price escalation, if any, admissible under
clause 45 of Conditions of Contract would be admissible only on such rates and cost of work, as
would be admissible if work would have been carried out in that particular time span. The
Engineer-in-Charge shall review the progress achieved in every time span, and grant stage wise
extension in case of slow progress with compensation, if the delay is attributable to contractor,
otherwise without compensation.
However, if for any special job, a time schedule has been submitted by the Contractor before
execution of the agreement, and it is entered in agreement as well as same has been accepted by
the Engineer-in-charge, the Contractor shall complete the work within the said time schedule. In
the event of the Contractor failing to comply with this condition, he shall be liable to pay
compensation as prescribed in forgoing paragraph of this clause provided that the entire amount
of compensation to be levied under the provisions of this Clause shall not exceed 10% of the
value of the contract. While granting extension in time attributable to the Government, reasons
shall be recorded for each delay.
Clause 3: Risk & Cost Clause
The Engineer-in-charge or the Competent Authority defined under rules may, without prejudice
to his rights against the Contractor, in respect of any delay or inferior workmanship or otherwise,
or any claims for damages in respect of any breaches of the contract and without prejudice to any
rights or remedies under any of the provisions of this Contract or otherwise, and whether the
date for completion has or has not elapsed, by notice in writing, absolutely determine the
Contract in any of the following cases:
(i) If the Contractor having been given by the Engineer-in-charge, a notice in writing to
rectify, reconstruct or replace any defective work or that the work is being performed in
any inefficient or otherwise improper or un-workman like manner shall omit to comply
VOLUME-I PAGE 64
with the requirements of such notice for a period of seven days, thereafter, or if the
Contractor shall delay or suspend the execution of the work so that either in the judgment
of the Engineer-in-charge (which shall be final and binding) he will be unable to secure
completion of the work by the date for completion or he has already failed to complete
the work by that date,
(ii) If the Contractor, being a company, shall pass a resolution or the court shall make an
order that the company shall be wound up or if a receiver or a manager, on behalf of a
creditor, shall be appointed or if circumstances shall arise, which entitle the court or
creditor to appoint a receiver or a manager or which entitle the court to make a winding
up order,
(iii) If the contractor commits breach of any of the terms and conditions of this Contract,
(iv) If the contractor commits any acts mentioned in, clause 19 thereof.
When the Contractor has made himself liable for action under any of the cases aforesaid, the
Engineer-in charge on behalf of the Governor of Rajasthan shall have powers: -
(a) To determine or rescind the contract, as aforesaid (of which determination or rescission notice
in writing to the Contractor under the hand of the Engineer-in charge shall be conclusive
evidence), upon such determination or rescission, the earnest money, full security deposit of the
contract shall be liable to be forfeited and shall be absolutely at the disposal of Government.
(b) To employ labour paid by the Department and to supply materials to carry out the work or
any part of the work, debiting the Contractor with the cost of the labour and the price of the
materials (of the amount of which cost and price certified by the Engineer-in-charge shall be final
and conclusive against the contractor) and crediting him with the value of the work done in all
respects in the same manner and at the same rates, as if it had been carried out by the Contractor
under the terms of this Contract. The certificate of the Divisional Officer, as to the value of the
work done, shall be final and conclusive evidence against the Contractor provided always that
action under the sub-clause shall only be taken after giving notice in writing to the Contractor.
Provided also that; if the expenses incurred by the Department are less than the amount payable
to the Contractor at his agreement rates, the difference shall not be paid to the Contractor.
(c) After giving notice to the contractor to measure up the work of the contractor and to take such
part thereof, as shall be unexecuted out of his hands, and to give it to another contractor to
complete, in which case any expenses which may be incurred in excess of the sum which would
have been paid to the original contractor, if the whole work had been executed by him (of the
amount of which excess, the certificate in writing of the Engineer-in-charge shall be final and
conclusive) shall be borne and paid by the original Contractor and may be deducted from any
money due to him by Government under this contract or on any other account whatsoever, or
from his Earnest Money, Security Deposit, Enlistment Security or the proceeds of sales thereof, or
a sufficient part thereof, as the case may be. In the event of any one or more of the above courses
being adopted by the Engineer-in-charge, the Contractor shall have no claim to compensation for
any loss sustained by him by reason of his having purchased or procured any materials or
entered into any engagements or made any advances on account or with a view to the execution
of the work or the performance of contract. And, in case action is taken under any of provisions
aforesaid, the Contractor shall not be entitled to recover or be paid, any sum for any work thereof
or actually performed under this contract unless and until the Engineer-in-charge has 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.
VOLUME-I PAGE 65
Clause 4: Contractor remains liable to pay compensation, if action not taken under
clause 3
(i) In any case in which any of the powers conferred by clause 3 hereof, shall have become
exercisable and the same shall have not been exercised, the non-exercise, thereof, shall not
constitute waiver of any of the conditions hereof, and such power shall, not withstanding, be
exercisable in the event of any future case of default by the Contractor for which, by any clause or
clauses hereof, he is declared liable to pay compensation amounting to the whole of his Security
Deposit /Earnest Money/Enlistment security and the liability of the Contractor for past and
future compensation shall remain unaffected.
Powers to take possession of, or require removal, sale of Contractor’s plant
(ii) In the event of the Engineer-in-Charge putting in force, powers vested in him under the
preceding Clause 3 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 thereof, paying or allowing
for the same in account, at the contract rates or, in case of these not being applicable, at current
market rates, to be certified by the Chief Engineer or duly authorized Engineer (whose certificate
thereof, shall be final and conclusive), otherwise the Engineer-in-Charge may, by notice in
writing to the contractor or his clerk of the works, foreman or other authorized agent, require him
to remove such tools, plant, materials or stores from the premises (within a time to be specified in
such notice), and in the event of the contractor failing to comply with any requisition, the Chief
Engineer or other duly authorized Engineer may remove them at the contractor’s expenses, sell
them by auction or private sale on account of the Contractor and at his risk in all respects, and the
certificate of the Chief Engineer or other duly authorized Engineer, as to the expense of any such
removal, and the amount of the proceeds and expense of any such sale shall be final and
conclusive against the Contractor.
Clause 5: Extension of time
If the contractor shall desire an extension of the time for completion of the work on the ground of
his having been unavoidably hindered in its execution or on any other grounds, he shall apply, in
writing, to the Engineer-in-Charge within 30 days of the date of the hindrance, on account of
which he desires such extension as aforesaid, and the Authority Competent to grant extension
under the rules/delegations of power or other duly authorized Engineer shall, if in his opinion,
(which shall be final) reasonable grounds be shown therefore, authorise such extension of time, if
any, as may, in his opinion, be necessary or proper, if the period of completion of contract expires
before the expiry of the period of one month provided in this clause, the application for extension
shall be made before the expiry of the period stipulated for completion of the contract. The
competent authority shall grant such extension at each such occasion within a period of 30 days
of receipt of application from contractor and shall not wait for finality of work. Such extensions
shall be granted in accordance with provisions under clause (2) of this agreement.
Clause 5 A: Monthly Return of Extra Claims
Contractor has to submit a return every month for any work claimed as extra. The Contractor
shall deliver the return in the office of the Executive Engineer and obtain Receipt Number of the
Receipt Register of the day on or before 10th day of every month during the continuance of the
work covered by this contract, a return showing details of any work claimed as extra by the
contractor which value shall be based upon the rates and prices mentioned in the contract or in
the Schedule of Rates in force in the District for the time being. The contractor shall be deemed to
have waived all claims, not included in such return, and will have no right to enforce any such
claims not included, whatsoever be the circumstances.
VOLUME-I PAGE 66
Clause 6: Final Certificate

On completion of the work, the contractor shall send a registered notice to the Engineer-in-
charge, giving the date of completion and sending a copy of it to the officer accepting the
contract, on behalf of the Governor and shall request the Engineer-in-charge to give him a
certificate of completion, but no such certificate shall be given nor shall the work be considered to
be complete until the contractor shall have removed from the site on which the work shall be
executed, all scaffolding, surplus materials and rubbish and cleared off the dirt from all wood
work, doors, walls, floors, or other parts of any building in, upon or about which the work is to
be executed or of which he may have possession for the execution thereof, he had filled up the
pits. 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 and filling of pits on or before the
date fixed for completion of the work, the Engineer-in-charge may, at the expense of the
contractor, remove such scaffolding, surplus materials, and the rubbish and dispose of the same,
as he thinks fit, and clean off such dirt and fill the pits, as aforesaid, and the contractor shall
forthwith pay the amount of all expenses, so incurred, and shall have no claim in respect of any
such scaffolding or surplus materials, as aforesaid, except for any sum actually realized by the
sale thereof. On completion, the work shall be measured by the Engineer-in-charge himself or
through his subordinates, whose measurements shall be binding and conclusive against the
contractor. Provided that, if subsequent to the taking of measurements by the subordinate, as
aforesaid, the Engineer-in-charge had reason to believe that the measurements taken by his
subordinates are not correct, the Engineer-in-charge shall have the power to cancel the
measurements already taken by his subordinates and acknowledged by the Contractor and to
take measurements again, after giving reasonable notice to the Contractor, and such re-
measurements shall be binding on the Contractor.
Within thirty days of the receipt of the notice, Engineer-in-charge shall inspect the work and if
there is no visible defects on the face of the work, shall give the Contractor, a certificate of
completion. If the Engineer-in-charge finds that the work has been fully completed, it shall be
mentioned in the certificate so granted. If, on the other hand, it is found that there are certain
visible defects to be removed, the certificate to be granted by Engineer-in-charge shall specifically
mention the details of the visible defects along with the estimate of the cost for removing these
defects. The final certificate of work shall be given after the visible defects pointed out as above
have been removed.
Clause 7: Payment on Intermediate Certificate to be regarded as advance
No payments shall be made for works estimated to cost less than rupees twenty five thousand, till
after the whole of the works shall have been completed and a certificate of completion given. But
in the case of works estimated to cost more than rupees twenty five thousand, the Contractor
shall on submitting the bill therefore, be entitled to receive a monthly payment proportionate to
the part, thereof, then approved and passed by the Engineer-in-charge, whose certificate of such
approval and passing of sum, so payable, shall be final and conclusive. Running Account Bill
shall be paid within 15 days from presentation. But all such intermediate payments shall be
regarded as payments by way of advance against the final payment 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 re-constructed or re-erected, or
considered as an admission of the due performance of the contract, or any part thereof, in any
respect, or the accruing of any claim, nor shall it conclude, determine, or effect in any way the
powers of the Engineer-in-charge under these conditions or any of them to the final settlement
and adjustment of the accounts or otherwise or in any other way vary or affect the contract. The
final bill shall be made/submitted by the Contractor within one month of the date fixed for
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completion of the work, otherwise the Engineer-in-charge’s certificate of the measurement and of
the total amount payable for the work accordingly shall be final and binding on all parties.
Clause 7A: Time Limit for Payments of Final Bills
The final bill shall be paid within 3 months on presentation by the contractor after issuance of
final completion certificate in accordance with clause 6 of the conditions of contract. If, there shall
be any dispute about any item(s) of the work, then the undisputed item(s) only, shall be paid
within the said period of 3 months. If a final bill (which contains no disputed item or disputed
amount of any item) is not paid within the period of three months from presentation of final bill
or 6 months from the date of receipt of registered notice regarding completion of work in
accordance with clause 6 of the conditions of the contract, the defects, if any, shall be brought to
the notice of the higher authority. The period of 3 months shall commence from the date of
rectification of the defects. The higher authority shall ensure that in no case final bill should be
left unpaid after 9 months from the receipt of registered notice regarding completion of work.
The contractor shall submit a memorandum of the disputed items along with justification in
support within 30 days from the disallowance thereof, and if he fails to do so, his claims shall be
deemed to have been fully waived and absolutely extinguished.
Clause 8: Bills to be submitted monthly
A bill shall be submitted by the Contractor each month on or before the date fixed by the
Engineer-in-charge for all work executed in the previous month and the Engineer-in-charge shall
take or cause to be taken the requisite measurement for the purpose of having the same verified
and the claim, as far as admissible, authorized or paid, if possible, before the expiry of ten days
from the presentation of the bill. If the Contractor does not submit the Bill within the time fixed,
as aforesaid, the Engineer-in-charge may depute a subordinate to measure up the said work in
the presence of the Contractor, whose signature in the Measurement Book will be sufficient
warrant and the Engineer-in-charge may prepare a bill from such Measurement Book, which
shall be binding on the contractor in all respects.
Clause 8A: Contractor to be given time to file objection to the Measurements recorded by
the Department
Before taking any measurement of any work, as have been referred to in preceding Clauses 6, 7 &
8, the Engineer-in-charge or a subordinate, deputed by him, shall give reasonable notice to the
Contractor. If the Contractor fails to be present at the time of taking measurements after such
notice or fails to sign or to record the difference within a week from the date of measurement in
the manner required by the Engineer-in-charge, then in any such event, the measurements taken
by the Engineer-in-charge or by the subordinates deputed by him, as the case may be, shall be
final and binding on the Contractor and the Contractor shall have no right to dispute the same.
Clause 8B: Recovery of Cost of Preparation of the Bill
In case of contractor of class A and AA do not submit the bill within time fixed, the Engineer in
Charge may prepare the bill as per the provision of clause 8 of the general conditions of the
contract but @ 0.5 % of amount of such a bill shall be made and credited to the general revenue on
account of preparation of bill.
Clause 9: Bills to be on printed forms
The Contractor shall submit all bills on the printed forms, to be had on application, at the office of
the Engineer-in-charge and the charges in the Bills shall always be entered at the rates specified in
the tender or in the case of any extra work ordered in pursuance of these conditions, and not
mentioned or provided for in the tender, at the rates hereinafter provided for such work.
Clause 9A: Payments of Contractor’s Bills to Banks
Payments due to the Contractor may if so desired by him, be made to this Bank instead of direct
to him, provided that the contractor has furnished to the Engineer-in-Charge(I)an authorization
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in the form of a legally valid document, such as a Power of Attorney conferring authority on the
Bank to receive payments, and (ii) his own acceptance of the correctness of the account made out,
as being due to him, by Government, or his signature on the bill or other claim preferred against
Government before settlement by the Engineer-in-Charge of the account or claim, by payment to
the Bank. While the receipt given by such bank shall constitute a full and sufficient discharge for
the payment, the Contractor should, whenever possible, present his bill duly receipted and
discharged through his Banker. Nothing, herein contained, shall operate to create in favour of the
Bank any rights vis-a-vis the Governor.
Clause 10: Stores supplied by Government
If the specification or estimate of the work provides for the use of any special description of
material, to be supplied from Engineer-in-charge’s stores, or if, it is required that contractor shall
use certain stores to be provided by the Engineer-in-charge, specified in the schedule or
memorandum hereto annexed, the contractor shall be bound to procure and shall be supplied
such materials and stores as are, from time to time, required to be used by him for the 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 or memorandum, may be set off or which may be deducted
from any sum, then due or thereafter become due, to the Contractor under the Contract or
otherwise or against or from the Security Deposit or the proceeds of sale, if the same is held in
Government securities, the same or sufficient portion thereof being in this case, sold for this
purpose. All materials supplied to the contractor, either from Departmental stores or with the
assistance of Government, shall remain the absolute property of Government. The Contractor
shall be trustee of the Stores/ Materials, so supplied/ procured, and these shall not, on any
account, be removed from the site of work and shall be, all times, open to inspection by the
Engineer-in Charge. Any such material, unused and in perfectly good condition at the time of
completion or determination or rescinding of the contract, shall be returned to the Divisional
officer’s Stores, if, by a notice in writing under his hand, he shall so require, and if on service of
such notice, the contractor fails to return the materials, so required, he shall be liable to pay the
price of such materials in accordance with provision of clause 10 B ibid. 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. For the stores returned by the
contractor, he shall be paid for, at the price originally charged excluding storage charges, in case
of materials supplied from departmental stores and actual cost including freight, cartage, taxes
etc., paid by the Contractor, in case of supplies received with the assistance of Government,
which, however, should in no case exceed market rate prevailing at the time the materials are
taken back. The decision of the Engineer-in-charge, as to the price of the stores returned, keeping
in view its condition etc., shall be final and conclusive. In the event of breach of the aforesaid
condition, the Contractor shall, in addition to throwing himself open to account for contravention
of the terms of the license or permit and/or for criminal breach of trust, pay to the Government,
all advantages or profits resulting, or which in the usual course, would result to him by reason of
such breach. Provided that the Contractor shall, in no case be entitled to any compensation or
damage on account of any delay in supply, or non–supply thereof, all or any such materials and
stores.
Clause 10A: Rejection of materials procured by the Contractor
The Engineer-in-Charge shall have full powers to require the removal from the premises of all
materials which in his opinion, are not in accordance with the specifications and, in case of
default, the Engineer-in-Charge shall be at liberty to employ other person(s) to remove the same
VOLUME-I PAGE 69
without being answerable or accountable for any loss of damage, that may happen or arise to
such materials to be substituted thereof, and in case of default, Engineer-in-Charge may cause the
same to be supplied and all costs, which may attend such removal and substitution, are to be
born by the Contractor.
Clause 10B: Penal rate in case of excess consumption
The Contractor shall also be charged for the materials consumed in excess of the requirements
calculated on the basis of standard consumption approved by the department, at double of the
issue rate including storage and supervision charges or market rate, whichever is higher. A
Material Supply and Consumption Statement, in prescribed Form RPWA 35A shall be submitted
with every Running Account Bill, distinguishing material supplied by the Government and
material procured by the Contractor himself. The recovery for such material shall be made from
Running Account Bill next after the consumption and shall not be deferred. Certificate of such
nature shall be given in each Running Account Bill.
Clause 10 C: Hire of Plant and Machinery
Special Plant and Machinery, required for execution of the work, may be issued to the Contractor,
if available, on the rates of hire charges and other terms and conditions as per departmental
Rules, as per Schedule annexed to these conditions. Rates of such Plant & Machinery shall be got
revised periodically so as to bring them at par with market rate.
Clause 11: Works to be executed in accordance with specifications, Drawings, Orders etc.
The Contractor shall execute the whole and every part of the work in the most substantial and
satisfactory manner and both as regards materials and otherwise in every respect, in strict
accordance with the Specifications. The Contractor shall also conform exactly fully and faithfully
to the designs, drawings (either designed by department or designed by contractor and approved
by Engineer-in-charge during additional execution) 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 or on the site of the work for the purpose of inspection
during office hours and the Contractor shall, if he so require, be entitled, at his own expense, to
make or cause to be made copies of specifications and of all such designs, drawings and
instructions, as aforesaid. A certificate of executing works as per approved design, specifications
etc. shall be given on each Running Account Bill.
The specifications of work, material, and methodology of execution, drawings and designs shall
be signed by the Contractor and Engineer-in-charge while executing agreement and shall form
part of agreement.
Clause 12:
The Engineer–in–charge shall have power to make any alterations, omissions or additions to or
substitutions for the original specifications, drawings, designs and instructions, that may appear
to him to be necessary during the progress of the work and the contractor shall carry out the
work in accordance with any instructions which may be given to him in writing signed by the
Engineer–in-charge and such alterations, omission, additions or substitutions shall not invalidate
the contract and any altered, additional or substituted work, which the contractor may be
directed to do in the manner above specified as part of the work, shall be carried out by the
contractor on the same conditions in all respects on which he agreed to do the main work. The
time for the completion of the work shall be extended in the proportion that the altered,
additional or substituted work bears to the original contract work, and the certificate of the
Engineer-in-charge shall be conclusive as to such proportion. The rates for such additional,
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altered or substituted work under this clause shall be worked out in accordance with the
following provisions in their respective order:
(i) If the rates for the additional, altered or substituted work are specified in the contract for
the work, the contractor is bound to carry out the additional, altered or substituted work
at the same rates as are specified in the contract for the work.
(ii) If the rates for the additional, altered or substituted work are not specifically provided in
the contract for the work, the rates will be derived from the rates for a similar class of
work as are specified in the contract for the work.
(iii) If the rates for the altered, additional or substituted work can not be determined in the
manner specified in the sub-clauses (i) to (ii) above, then the rates for such composite
work item shall be worked out on the basis of the concerned Schedule of Rates of the
District/area specified above minus/plus the percentage which the total tendered
amount bears to the estimated cost of the entire work put to tender. Provided always that
if the rate for a particular part or parts of the item is not in the Schedule of Rates, the rate
for such part or parts will be determined by the Engineer-in-Charge on the basis of the
prevailing market rates when the work was done.
(iv) If the rates for the altered, additional or substituted work item can not be determined in
the manner specified in sub-clauses (i) to (iii) above, then the contractor shall within 7
days of the date of receipt of 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 supported by
analysis of the rate or rates claimed and the Engineer-in-Charge shall determine the rate
or rates on the basis of prevailing market rates, and pay the contractor accordingly.
However, the Engineer-in-Charge, by notice in writing, will 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. But under no circumstances, the contractor shall suspend the
work on the plea of non-settlement of rates on items falling under the clause.
(v) Except in case of items relating to foundations, provisions contained in sub-clauses(i ) to
(iv) above shall not apply to contract or substituted items as individually exceed the
percentage set out in the tender documents under clause12.A.
For the purpose of operation of clause 12 (v) the following works shall be treated as
work relating to foundations :-
(a) For buildings, compound wall plinth level or 1.2 meters (4 ft.) above ground level
whichever is lower, excluding items above flooring and D.P.C. but including base
concrete below the floors.
(b) For abutments, piers, retaining wall of culverts and bridges, walls of water reservoir and
the bed of floor level.
(c) For retaining walls, where floor levels is not determinate 1.2 meters above the average
ground level or bed level.
(d) For roads, all items of excavation and filling including treatment of sub base and soling
work.
(e) For water supply lines, sewer lines under ground storm water drains and similar work,
all items of work below ground level except items of pipe work for proper masonry work.
(f) For open storm water drains, all items of work except lining of drains.
(g) Any other items of similar nature which Engineer-in-Charge may decide relating to
foundation.
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The rate of any such work, except the items relating to foundations, which is in excess of the
deviation limit shall be determined in accordance with the provisions contained in Clause 12A.
Clause 12A:
The quantum of additional work for each item shall not exceed 50% of the original quantity given
in the agreement and the total value of additional work shall not exceed 20% of the total contract
value, unless otherwise mutually agreed by the Engineer-in-charge and the Contractor. This limit
shall not be applicable on items relating to foundation work which shall be executed as per
original rates or provision of clause 12 (i) to (iv).
In case of contract substituted items or additional items, which results in exceeding the deviation
limit laid down in this clause except items relating to foundation work, which the contractor is
required to do under clause 12 above, the contractor shall within 7 days from the receipt of order,
claim revision of the rate supported by proper analysis in respect of such items for quantities in
excess of the deviation limit notwithstanding the fact that the rates for such items exist in the
tender for the main work or can be derived in accordance with the provision of sub clause (ii) of
clause 12 and the Engineer-in-Charge, may revise their rates having regard to the prevailing
market rates and the contractor shall be paid in accordance with the rates so fixed. The Engineer-
in-Charge shall, however, be at liberty to cancel his order to carry out such increased quantities of
work by giving notice in writing to the contractor and arrange to carry it out in such manner as
he may consider advisable. But under no circumstances, the contractor shall suspend the work on
the plea of non-settlement of rates of items failing under this Clause.
All the provisions of the preceding paragraph shall equally apply to the decrease in rates of items
for quantities in excess of the deviation limit notwithstanding the fact that the rates for such items
exist in the tender for the main work or can be derived in accordance with the provisions of sub-
clause(ii) of the preceding clause 12 and the Engineer-in-Charge may revise such rates having
regard to the prevailing market rates unless otherwise mutually agreed by the Engineer-in-
Charge and the Contractor..
Clause 13: No compensation for alteration in or restriction of work to be carried out.
If, at any time after the commencement of the work the Government shall, for any reason,
whatsoever, not require the whole work, 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 payments 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 of alterations having been made in the original
specifications, drawings, and design, and instructions, which shall involve any curtailment of the
work, as originally contemplated. Provided, that the Contractor shall be paid the charges for the
cartage only, of materials actually brought to the site of the work by him for bonafide use and
rendered surplus as a result of the abandonment or curtailment of the work or any portion
thereof, and taken them back by the Contractor, provided however, that the Engineer-in-charge
shall have, in all such cases, the option of taking over all or any such materials at their purchase
price or at local market rates whichever may be less. In the case of such stores, having been issued
from Government Stores, charges recovered, including storage charges, shall be refunded after
taking into consideration any deduction for claim on account of any deterioration or damage
while in the custody of the contractor, and in this respect the decision of the Engineer-in-charge
shall be final.
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Clause 14: Action and compensation payable in case of bad work

If, it shall appear to the Chief Engineer or any authorized authority or the Engineer-in-charge or
his subordinates in-charge of the work, or to the committee of the retired officers/officers
appointed by the State Government for the purpose that any work has been executed with
unsound, imperfect or unskillful workmanship, or with material 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, or otherwise not in accordance with contract, the Contractor
shall on demand in writing from the Engineer-in-charge, specifying the work/materials or
articles complained of, notwithstanding that the same may have been inadvertently passed,
certified and paid for, will rectify or remove and reconstruct the work, so specified, in whole or
in part, as the case may be, remove the materials or articles, so specified, and provide other
proper and suitable materials or articles at his own 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 as aforesaid, then the
Contractor shall be liable to pay compensation at the rate of one percent, on the tendered amount
of work for every week not exceeding ten percent, 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 the risk and expense, in all respects of the contractor.
Clause 15: Work to be open to inspection: Contractor or his responsible Agent to be
present
All work, under or in course of execution or executed in pursuance of the contract shall, at all
times, be opened to inspection and supervision of the Engineer-in-charge and his superior officers
e.g. Superintending Engineer, Additional Chief Engineer, Chief Technical Engineer, Chief
Engineer, and his subordinates and any other authorized agency of the Government 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 and any other
authorized agency of Government or committee of retired officers/officers appointed by the State
Government for the purpose to visit the works shall have been given to the Contractor, either
himself be present to receive orders and instructions or have a responsible agent duly accredited
in writing, present for the purpose. 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 16: Notice to be given before any work is covered up
The Contractor shall give not less than 7 days 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, and correct dimensions there
of, 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 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 the Contractor’s expense or in default, there of, no payment or
allowance shall be made for such work, or for the materials with which the same was executed.
Clause 17: Contractor liable for damage done and for imperfections
If the Contractor or his work people or servants shall break, deface, injure or destroy any part of a
building, in which they may be working or any building, road, fence, enclosure, or cultivated
ground contiguous to the premises on which the work or any part of it is being executed, or if any
damage shall happen to the work, while in progress, from any cause, whatsoever, or any
VOLUME-I PAGE 73
imperfections become apparent in it, within a period specified in clause 37, after a certificate, final
or otherwise of its completion, shall have been given by the Engineer-in-charge, may cause the
same to be made good by other workmen and deduct the expense (of which the certificate of the
Engineer-in-charge shall be final) from any sums that may be then, or at 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.
Clause 18: Contractor to supply plant, ladders, scaffolding etc.
The Contractor shall arrange and supply, at his own cost, all material (except such special
materials, if any, as may, in accordance with the contract, be supplied from the Engineer-in-
charge’s stores), plants, tools, appliances, implements, ladders, cordage, tackle, scaffolding and
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 Contract, or referred to in these conditions, or not, or which may be necessary for the
purpose of satisfying or complying with the requirements of the Engineer in- Charge, as to any
matter as to which, under these conditions, he is entitled to be satisfied or which he is entitled to
require, together with carriage thereof, to and from the work. The Contractor shall also arrange
and supply, without charge, the requisite number of persons with the means and materials,
necessary for the purpose of setting out work and counting, weighting and assisting in the
measurement or examination at any time and from time to time of the work, or materials. Failing
his so doing, the same may be provided by the Engineer-in-charge, at the expense of the
Contractor, and the expenses may be deducted from any money due to the Contractor under the
Contract, or from his Security Deposit or the proceeds of sale thereof, or a sufficient portion
thereof. The Contractor shall also provide all necessary fencing and lights required to protect the
public from accident and shall be bound to bear the expenses of defence of every suit, action or
other proceeding at law, that may be brought by any person for injury sustained owing to neglect
of the above precautions, and to pay any damages and costs which may be awarded in any such
suit, action proceeding to any such person or which may, with the consent of the Contractor, be
paid to compromise any claim by any such person.
Clause 19: Work not to be sub-let, Contract may be rescinded and Security Deposit and
Performance Forfeited for sub-letting, bribing or if Contractor becomes
insolvent.
The Contractor shall not be assigned or sublet without the written approval of the Chief Engineer,
and if the contractor shall assign or sublet his contract or attempt so to do, or become insolvent,
or commence any insolvency proceedings or mark any composition with his creditors, or attempt
so to do, or if any bribe, gratuity, gift, loan, requisite 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 office or employment, or if, any such officer or person shall become, in any
way, directly or indirectly, interested in the contract, the Chief Engineer may, thereupon, by
notice, in writing, rescind the contract and 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 3 hereof, and in addition the
Contractor shall not be entitled to recover or be paid for any work therefore, actually performed
under the Contract.
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Clause 20: Sums payable by way of compensation to be considered as reasonable

compensation without reference to actual loss
All sums payable by way of compensation under any of these conditions shall be considered as
reasonable compensation to be applied to the use of Government without reference to the actual
loss or damage sustained and whether or not any damage shall have been sustained.
Clause 21: Changes in constitution of firm
Where the Contractor is a partnership firm, the previous approval, in writing, of the Engineer-in-
charge shall be obtained before any change is made in the constitution of the firm. Where the
Contractor is an individual or a Hindu undivided family business concern, such approval, as
aforesaid, shall likewise be obtained before the Contractor enters into any partnership agreement
there under the partnership firm would have the right to carry out the work thereby undertaken
by the Contractor. If, previous approval, as aforesaid, is not obtained, the Contract shall be
deemed to have been assigned in contravention of Clause 19 hereof, and the same action may be
taken, and the same consequences shall ensure, as provided in the said clause 19.
Clause 22: Work to be under direction of Engineer-in-charge
All the works, to be executed under the contract, shall be executed under the direction and
subject to the approval, in all respect, of the Engineer-in-charge of the Government of Rajasthan
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 23: Standing Committee for Settlement of Disputes
If any question, difference or objection, whatsoever shall arise in any way, in connection with or
arising out of this instrument, or the meaning of operation of any part thereof, or the rights,
duties or liabilities of either party then, save in so far, as the decision of any such matter, as herein
before provided for, and been so decided, every such matter constituting a total claim of Rs.
50,000/- or above, whether its decision has been otherwise provided for and whether it has been
finally decided accordingly, or whether the Contract should be terminated or has been rightly
terminated, and as regards the rights or obligations of the parties, as the result of such
termination, shall be referred for decision to the empowered Standing Committee, which would
consist of the followings:-
(i) Administrative Secretary concerned.
(ii) Finance Secretary or his nominee, not below the rank of Deputy Secretary.
(iii) Law Secretary or his nominee, not below the rank of Joint Legal Remembrancer.
(iv) Chief Engineer-cum-Addl. Secretary of the concerned department.
(v) Chief Engineer concerned (Member-Secretary).
The Engineer-in-charge, on receipt of application along with non-refundable prescribed fee, (the
fee would be two percent of the amount in dispute, not exceeding Rs. one Lac) from the
Contractor, shall refer the disputes to the committee, within a period of one month from the date
of receipt of application.
Procedure and Application for referring cases for settlement by the Standing Committee shall be,
as given in Form RPWA 90.
Clause 23A: Contractor to indemnify for infringement of Patent or design
Contractor shall fully indemnify the Governor of Rajasthan against any action, claim or
proceeding, relating to infringement or use of any patent or design, or any alleged patent or
design, rights, and shall pay any royalties, which may be payable in respect of any article or part
VOLUME-I PAGE 75
thereof, included in the contract, in the event of any claims made under or action brought against
Government. In respect of any such matters, as aforesaid, the Contractor shall be, immediately,
noticed thereof, and the Contractor shall be at liberty, at his own expense, to settle any dispute or
to conduct any litigation, that may arise there from provided that the Contractor shall not be
liable to indemnify the Governor of Rajasthan, if the infringement of the patent or design or any
alleged patent or design, right is the direct result of an order passed by the Engineer-in-Charge in
this behalf.
Clause 24: Imported Store articles to be obtained from Government
The contractor shall obtain from the stores of the Engineer-in-charge, all imported store articles
which may be required for the work or any part thereof, or in making up articles required
thereof, or in connection therewith, unless he has obtained permission, in writing, from the
Engineer-in-charge, to obtain such stores and articles from else-where. The value of such stores
and articles, as may be supplied to the Contractor by the Engineer-in-charge, will be debited to
the Contractor, in his account, at the rates shown in the schedule attached to the contract, and if
they are not entered in the schedule, they will be debited at cost price, which for the purposes of
this contract, shall include the cost of carriage and all other expenses, whatsoever, which shall
have been incurred in obtaining delivery of the same at the stores aforesaid plus storage charges.
Clause 25: Item/Percentage/Lump-sum rates in estimates
When the estimate, on which a tender is made includes item/Percentage/lump sums rates, in
respect of parts of the work, the Contractor shall be entitled to payment in respect of the item of
work involved, or the part of the work in question at the same rates, as are payable under the
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 at his discretion pay the lump
sum amount entered in the estimate and the certificate in writing of the Engineer-in-charge shall
be final and conclusive with regard to any sum or sums payable to him under the provisions of
this clause.
Clause 26: Action where no Specification
In case of any Class of work for which there is no such specification as is mentioned in the
contract document referred in ITB Clause 4.1, such work shall be carried out in accordance with
the detailed specification of the department and also in accordance with the instructions and
requirement of the Engineer-in-charge.
Clause 27: Definition of work
The expression “works” or “work” where used in these conditions, shall, unless there be some
thing either in 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 27A: Definition of Engineer-in-charge
The term “Engineer-in-charge” means the Divisional officer who shall supervise and be in charge
of the work and who shall sign the contract on behalf of the Governor.
Clause 28:
It can not be guaranteed that the work will be started immediately after the tenders have been
received. No claims for increase of rate will be entertained, if the orders for starting work are
delayed.
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Clause 29: Payments at reduced rates on account of items of work not accepted and not
completed to be at the discretion of the Engineer-in-charge
The rates for several items of works, estimated to cost more than Rs. 1,000/-, agreed within, will
be valid only when the item concerned is accepted as having been completed fully in accordance
with the sanctioned specifications. In cases, where the items of work are not accepted, as so
completed, the Engineer-in-charge may make payment on account of such items, at such reduced
rates, as he may considers reasonable, in the preparation of final or on account bills, and his
decision in the matter shall be final and binding.
Clause 29A: Payments at part rates
The rates for several items of works may be paid at part rates provisionally in running bills in
proportion to the quantum of items executed at the discretion of Engineer-in-charge. In case of
item rates, if the rate quoted for certain items are very high in comparison to the average/overall
tendered premium, then the payment at running stages shall not be made more than the average
sanctioned premium. The deferred payment, will however be released after successful
completion of the work.
Clause 30: Contractor’s percentage, whether applied to net or gross amount of bills
The percentage referred to in the “Tender of works” will be deducted/added-from/to the gross
amount of the bill before deducting the value of any stock issued.
Clause 31: Contractor to adhere to labour laws/regulation
The Contractor shall adhere to the requirements of the Workmen's Compensation Act and Labour
Legislation in force from time to time and be responsible for and shall pay any compensation to
his workmen which would be payable for injuries under the Workmen's Compensation Act, here-
in-after called the said Act. If such compensation is paid by the State as Principal employer under
Sub Section (1) of section 12 of the said Act, on behalf of the Contractor, it shall be recoverable by
the State from the Contractor under Sub Section (2) of the said section. Such compensation shall
be recovered in the manner laid down in clause 1 of the Conditions of Contract.
Clause 32: Withdrawal of work from the Contractor
If the Engineer-in-charge shall at any time and for any reasons, whatever, including inability to
maintain prorate progress, think any portion of the work should not be executed or should be
withdrawn from the Contractor, he may, by notice in writing to that effect, require the Contractor
not to execute the portion of the work specified in the notice, or may withdraw from the
Contractor the portion of work, so specified, and the Contractor shall not be entitled to any
compensation, by reason of such portion of work having been withdrawn from him. The
Engineer-in-charge may supplement the work by engaging another agency to execute such
portion of the work at the cost of the original contractor, without prejudice to his rights under
clause 2. He shall also be competent to levy compensation for delay in progress. The recovery of
excess cost shall be made from next available running bill or any other claim and shall not be
deferred.
Clause 33:
The Contract includes clearance, leveling and dressing of the site within a distance of 15 meters of
the building on all sides except where the building adjoins another building.
Clause 34: Protect works
The Contractor shall arrange to protect, at his own cost, in an adequate manner, all cut stone
work and other work, requiring protection and to maintain such protection, as long as work is in
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progress. He shall remove and replace this protection, as required by the Engineer-in-Charge,
from time to time. Any damage to the work, so protected, no matter how it may be caused, shall
be made good by the Contractor free of cost.
All templates, forms, moulds, centering, false works and models, which in the opinion of the
Engineer-in-Charge, are necessary for the proper and workman like execution of the work, shall
be provided by the Contractor free of cost.
Clause 35: Contractor liable for settlement of claims caused by his delays
If the progress of the work has fallen so much in arrears as to prevent other contractors on the
work, from carrying out their part of the work within the stipulated time, he will be liable for the
settlement of any claim, put in by any of these contractors for the expenses of keeping their
labour unemployed, to the extent considered reasonable by the Engineer-in-Charge.
Clause 36A:
The liability, if any, on account of quarry fees, royalties, Octroi and any other taxes and duties in
respect of materials actually consumed on public work, shall be borne by the Contractor.
Clause 36B:
The cost of all water connections, necessary for the execution of work, and the cost of water
consumed and hire charges of meters and the cost of electricity consumed in connection with the
execution of work, shall be paid by the Contractor, except where otherwise specifically indicated.
Clause 36C: Payment of Sales Tax, and any other Taxes
Royalty or other tax on materials, issued in the process of fulfilling contract, payable to the
Government under rules in force, will be paid by the Contractor himself.
Clause 36D:
In respect of goods and materials procured by the Contractor, for use in works under the
contract, sales tax will be paid by the Contractor himself. But in respect of all such goods
manufactured and supplied by the Contractor and works executed under the contract, the
responsibility of payment of sales tax would be that of the Engineer-in-charge.
Clause 37: Refund of Security Deposit
The Security Deposit will be refunded after the expiry of the period, as prescribed below: -
(a) In case of contracts relating to hiring of trucks and other T&P, transportation including
loading, unloading of materials and the amount of Security Deposit is refundable along with
the final bill.
(b) Supplies of material: As per provisions of G.F.& A.R.
(c) Ordinary repairs: 3 months after completion of the work provided the final bill has been
paid.
(d) Original works/special repairs/renewal works: Six months after completion except in case of
works, such as building works, bridge works, cross drainage works, Dams, Canals, water
supply and sewerage schemes (except where provided otherwise in any specified case) etc.,
the Security Deposit will be refunded 6 months after completion, or expiry of one full rainy
season or after expiry of defect liability period, whichever is later, provided the final bill has
been paid.
Clause 38: Fair Wage Clause
(a) The Contractor shall pay not less than fair wages/minimum wages to laboures engaged
by him on the work as revised from time to time by the Government, but the Government
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shall not be liable to pay any thing extra for it except as stipulated in price escalation
clause (clause 45) of the agreement.
Explanation: “Fair Wage” means minimum wages for time or piece work, fixed or
revised, by the State Government under Minimum Wages Act, 1948.
(b) The Contractor shall, notwithstanding the provisions of any contract to the contrary,
cause to be paid 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
have been immediately or directly employed by him.
(c) In respect of all labourers immediately or directly employed on the work, for the purpose
of the Contractor's part of this agreement, the Contractor shall comply with or cause to be
complied with the Public Works Department Contract’s Labour Regulations made, or that
may be made by the Government, from time to time, in regard to payment of wages,
wages period, deductions from wages, recovery of wages not paid, and unauthorized
deductions, maintenance of wages register, wage card, publication or scale of wages and
other terms of employment, inspection and submission of periodical returns and other
matters of a like nature.
(d) The Engineer-in-charge shall have 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 reasons of non-fulfillment of the conditions of the contract, for the
benefit of the worker or workers, non-payment of wages or of deductions made there
from, which are not justified by the terms of the contract, or as a result of non-observance
of the aforesaid regulations.
(e) Vis-a-Vis the Government of Rajasthan, the Contractor shall be primarily liable for all
payments to be made and for the observance of the regulations aforesaid, without
prejudice to his right to claim indemnity from his sub-contractors.
(f) The regulations, aforesaid, shall be deemed to be part of this contract and any breach,
thereof, shall be deemed to be breach of the Contract.
Clause 39: Contractor to engage technical staff
The Contractor shall engage the technical staff, as follows, on the contract works:
(a) For works costing Rs. 100 Lac and above – One Graduate Engineer
(b) For works costing between Rs. 50 Lac to Rs. 100 Lac - One qualified diploma holder
having experience of not less than 3 years.
(c) For works costing between Rs. 15 Lac and Rs. 50 Lac - One qualified diploma holder
The technical staff should be available at site, whenever required by Engineer-in-charge to take
instructions.
Clause 39 A:
The Contractor shall comply with the provisions of the Apprenticeship Act, 1961, and the Rules
and Orders issued, there under, from time to time. If he fails to do so, his failure will be a breach
of contract. The Contractor shall also be liable for any pecuniary liability arising on account of
any violation by him of the provisions of the said Act.
Clause 40: Safety code
The Contractor shall follow the safety code (s) of the department and as specified in special
conditions of contract.
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Clause 41: Near Relatives barred from tendering

The Contractor shall not be permitted to tender for works in Circle, in which his near relative is
posted as Divisional Accountant or as an officer in any capacity between the grades of the
Superintending Engineer and Assistant Engineer (both inclusive). He shall also intimate the
names of persons, who are working with him in any capacity, or are subsequently employed by
him and who are near relatives to any gazetted officer in the Organization/Department. Any
breach of this condition by the Contractor would render him liable to be removed from the
approved list of contractors of the Department. If such facts is noticed (a) before sanction of
tender, his offer shall be declared invalid and earnest money shall be forfeited, (b) after sanction
of the tender then the tender sanctioning authority may at his discretion forfeit his earnest
money, security deposit and enlistment deposit and work/remaining work may allot to any
registered contractor on the same rates as per rules.
Note: By the term "near relative" is meant wife, husband, parents, and grand-parents, children
and grand children, brothers and sisters, uncles and cousins and their corresponding in-laws.
Clause 42: Retired Gazetted Officers barred for 2 years
No Engineer of Gazetted rank or other Gazetted officer, employed in Engineering or
Administrative duties in an Engineering Department of the Government of Rajasthan, is allowed
to work as a Contractor for a period of 2 years of his retirement from Government service
without the previous permission of Government of Rajasthan. This contract is liable to be
cancelled, if either the Contractor or any of his employees is found, at any time, to be such a
person, who had not obtained the permission of Government, as aforesaid, before submission of
the tender or engagement in the contractor's service, as the case may be.
Clause 43: Quality Control
The Government shall have right to exercise proper Quality Control measures. The Contractor
shall provide all assistance to conduct such tests.
Clause 43 A:
The work (whether fully constructed or not) and all materials, machines, tools and plant,
scaffolding, temporary buildings and other things connected therewith, shall be at the risk of the
contractor until the work has been delivered to the Engineer-in-charge, and a certificate from him,
to the effect, obtained.
Clause 44: Death of Contractor
Without prejudice to any of the rights or remedies under the contractor, if the Contractor dies, the
legal heirs of the Contractor or the Chief Engineer or duly authorized Engineer shall have the
option of terminating the contract without any compensation.
45 Price variation clauses:
45.1 If, during the progress of the contract of value exceeding Rs. 100.00 Lac (accepted
tendered amount minus cost of material supplied by the department), and where stipulated
completion period is more than 12 months (both the conditions should be fulfilled), the price, of
any materials/ bitumen/ diesel and petrol / cement / steel incorporated in the works (not being
materials to be supplied by the department) and / or wages of labour increases or decreases, as
compared to the price and / or wages prevailing at the date of opening of tender or date of
negotiations for the work, the amounts payable to contractors for the work shall be adjusted for
increase or decrease in the rates of materials (excepting those materials supplied by the
department) / labour / bitumen / diesel and petrol / cement / steel. If negotiated rates have
been accepted, prices as on the date of negotiation shall be considered for price adjustment.
VOLUME-I PAGE 80
Similarly, if rates received on the date of opening of tenders have been accepted, then prices on
the date of opening of tender shall be considered for price adjustment.
Increase or decrease in the cost of labour / material / bitumen /diesel and petrol / cement / steel
shall be calculated quarterly in accordance with the following formula.
Labour :
PL (I - I )
VL = 0.75 x x L1 L0
100 IL0
VL = Increase or decrease in the cost of work during the quarter under consideration due to
change in rates for labour.
IL0 = The average consumer price index for industrial workers (whole-sale prices) for the
quarter in which tenders were opened / negotiated (as published in Reserve Bank of India
Journal / labour Bureau Simla, for the area).
IL1 = The average consumer price index for industrial workers (whole-sale prices) for the
quarter of calendar year under consideration (as published in Reserve Bank of India Journal /
labour Bureau Simla, for the area).
PL = Percentage of labour components.
Note: In case of revision of minimum wages by the Department or other competent authority,
nothing extra would be payable except the price escalation permissible under this clause.
(A) Material (excluding material supplied by the department)
PM (L - LM0 )
VM = 0.75 x x M1
100 LM0
VM = Increase or decrease in the cost during the quarter under consideration due to change in
rates of material.
LM0 =The average wholesale price index (all commodities) for the quarter in which tender were
opened / negotiated (as published in Reserve Bank of India Journal / labour Bureau Simla,
for the area).
LM1 =The average wholesale price index (all commodities) for the quarter under consideration
(as published in Reserve Bank of India Journal / labour Bureau Simla, for the area).
PM = Percentage of material component (excluding materials supplied by the Department).
(B) Bitumen :
Pb (B1 - B0)
Vb = 0.75 x x
100 B0
Vb = Increase or decrease in the cost during the quarter under consideration due to change in
the rate for bitumen.
B0=The wholesale price for bitumen on the day of opening of tenders/negotiation, as published
by the Economic Adviser to Govt. of India, Ministry of Industry.
B1 =The average wholesale price index for bitumen for the quarter under consideration (as
published by the Economic Adviser to Govt. of India, Ministry of Industry.
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Pb = Percentage of bitumen component excluding supplied by the Department (Specified in

the sanctioned estimate of the work).
(C) Petroleum :
Pf (F - F )
Vf = 0.75 x xR 1 0
100 F0
Vf = Increase or decrease in the cost of work during the quarter under consideration due to
change in the rates for fuel and lubricants.
R= The value of the work done in rupees during the quarter under consideration excluding
the cost of materials supplied by the department and excluding other items as mentioned in this
clause.
F0 = The average wholesale price Index of High Speed Diesel (HSD) as published by the
Economic Adviser to the Govt. of India, Ministry of Industry on the day of opening of tender /
negotiations.
F1 = The average wholesale price index of H.S.D. for the quarter under consideration as
published weekly by the Economic Adviser to Govt. of India, Ministry of Industry for the
quarter under consideration.
Pf = Percentage of fuel and lubricants component excluding fuel and lubricants supplied by
the Department (Specified in the sanctioned estimate for the work).
R= Total work done during the quarter as prescribed under this clause.
Note: For application of this clause price of HSD is chosen to indicate fuel and lubricant component.
(D) Cement :
Pf (F1 - F0)
Vf = 0.75 x xR
100 F0
VC = Increase or decrease in the cost of work during the quarter under consideration due to
change in rates for cement.
the cost of cement supplied by the department and excluding other items as mentioned in
this clause.
IC0 = The average wholesale price index for the quarter in which tenders were opened /
negotiated (as published by the Economic Advisor to Government of India , Ministry of
Industries.).
IC1 = The average wholesale price index for the quarter under consideration (as published by
the Economic Advisor to Government of India, Ministry of Industries).
PC = Percentage of cement components (excluding cement supplied by the Department).
(E) Steel :
Pf (F1 - F0)
Vf = 0.75 x xR
100 F0
VS = Increase or decrease in the cost of work during the quarter under consideration due to
change in rates for steel.
the cost of steel supplied by the department and excluding other items as mentioned in this
clause.
VOLUME-I PAGE 82
IS0 = The average wholesale price index for the quarter in which tenders were opened /
negotiated (as published by the Economic Advisor to Government of India , Ministry of
Industries.).
IS1 = The average wholesale price index for the quarter under consideration (as published by
the Economic Advisor to Government of India, Ministry of Industries).
PS = Percentage of steel components (excluding steel supplied by the Department).
45A Price variation in – installation of elevators, supply/ installation of centrally air
conditioning and central evaporating cooling works:
45A.1 In all cases of contracts for installation of elevators, supply/installation of Central Air
Conditioning and Central Evaporating Cooling Works, the price quoted shall be based on the
Indian Electrical and Electronics Manufacturers Association (IEEMA) price variation clause
based on the cost of raw materials / components and labour cost as on the date of quotation /
tender, and the same is deemed to be related to wholesale price index number of metal products
and All India Average consumer price index number of industrial workers as specified below. In
case of any variation in these index numbers, the prices shall be subject to adjustment up or
down in accordance with following formula.
P0 MP W (D) Wo (I)
P= 15+55 + 15 0 + 15
100 MP0 Wo Wo
Where:
P= Price payable as adjusted in accordance with the above price variation formula.
P0 = Price quoted / confirmed
MP0 = Wholesale Price Index Number for metal products as published by the office of the
Economic Adviser, Ministry of Industry, DEPARTMENT of India in their weekly bulletin,
Revised Index Number of Wholesale Prices (Base : 1981-82=100) for the week ending first
Saturday of the relevant calendar month. The relevant month shall be that in which price was
offered or negotiated whichever is later.
W0 = All India Average Consumer Price Index Number for Industrial workers (Base : 1982 =
100) as published by Labour Bureau, Ministry of Labour, DEPARTMENT of India, for
relevant calendar month. The relevant month shall be that in which price was offered or
negotiated whichever is later.
The above index number MPo & We are those published by IEEMA as prevailing on the first
working day of the calendar month FOUR months prior to the date of tendering.
MP = Wholesale Price Index Number of Metal Products as published by the office of Economic
Adviser, Ministry of Industry, DEPARTMENT of India, in their weekly bulletin Revised index
number of wholesale prices (Base : 1981-82 = 100). The applicable wholesale price Index
Number for Metal Products as prevailing on Ist Saturday of the month covering the date FOUR
months prior to the date of delivery and would be as published by IEEMA.
W0 (D) = All India Average Consumer Price Index Number for Industrial workers prevailing for
the month covering the date FOUR months prior to the date of delivery of manufactured material
and would be as published by IEEMA.
W0 (I) = All India Average Consumer Price Index Number for Industrial workers (Base :
1982=100) as published by Labour Bureau, Ministry of Labour, DEPARTMENT of India. The
applicable All India Consumer Price Index Number of Industrial workers prevailing for the
FOUR months prior to the date of completion of installation / progress parts of installation and
would be as published by IEEMA. The date of delivery shall be the date on which the
VOLUME-I PAGE 83
manufactured material is actually supplied at site. The date of completion of installation (or
progress part of installation shall be the date on which the work is notified as being completed
and is available for inspection / duly tested. In the absence of such notification, the date of
completion is not intimated; such completion shall be considered by the Engineer-in-charge
which shall be final.
Note-1 The Wholesale Price Index Number for Metal Products is published weekly by the office of the
Economic Adviser, but if there are any changes, the same are incorporated in the issue appearing in the
following week. For the purpose of this Price Variation Clause, the final index figures shall apply.
Note-2 The sole purpose of the above stipulation is to arrive at the entire contract under the various
situations. The above stipulation does not indicate any intentions to sell materials under this contract as
movables.
Note-3 The indices MP & Wo are regularly published by IEEMA in monthly basic price circulars based on
information bulletins from the authorities mentioned. These will be used for determining price variation
and only IEEMA Circulars will be shown as evidence, if required.
General Conditions for admissibility of Escalation
1. The exact percentage of labour/ material (excluding materials to be supplied by the
department/bitumen/diesel and petrol/cement/steel component and labour component for
the work shall be approved by the authority while sanctioning the detailed Estimates.
2. The break-up of components of labour/materials (excluding materials to be supplied by the
department)/bitumen/diesel and petrol, Cement/steel as indicated in Clause 45 have been
predetermined as below:
SN MS+DI Option MS+GRP+DI Option
(a) Labour 30% 33%
(b) Bitumen 0% 0%
(c) Petroleum 0% 0%
(d) Steel 58% 33%
(«) Cement 5% 3%
(f) Material (excluding other items 7% 34%
mentioned at SN (b). (c). (d) & (e))
3. While allowing price escalation the following shall be deducted from the value of work
done (R):
(a) Cost of material supplied by the Department.

(b) Cost of services rendered as per clause 34.
(c) Secured Advance/any advance added earlier but deducted now after work is measured
(d) Cost of extra items, the rates for which have been worked out based on market
rates/mutually agreed rates.
4. The first statement of escalation shall be prepared at the end of three months in which the
work was awarded and the work done from the date of start to the end of this period shall
be taken into account. For subsequent statement, cost of work done during every quarter
shall be taken into account. At the completion of work, the work done during the last quarter
or fraction, thereof, shall be taken into account
5. For the purpose of reckoning the work done during any period, the bills prepared during the
period shall be considered. The dates of recording measurements in the Measurement Book
by the Assistant Engineer shall be the guiding factor to decide the Bills relevant to any
VOLUME-I PAGE 84
period. The date of completion, as finally reordered by the competent authority in the
Measurement Book, shall be the criterion.
6. The index relevant to any quarter, for which such compensation is paid, shall be the
arithmetical average of the indices relevant of the calendar month
7. Price adjustment clause shall be applicable only for the work that is carried out within the
stipulated time, or extension thereof, as are not attributable to the contractor.
8. If during the progress in respect of contract works stipulated to cost Rs. 50 Lac or less, the
value of work actually done excluding cost of material supplied by the Department, exceeds
Rs. 50 Lac and completion period is more than 6 months, then escalation would be payable
only in respect of value of work in excess over Rs. 50 Lac from the date of satisfying both the
conditions.
9. Where originally stipulated period is 6 months or less but actual period of execution exceeds
beyond 6 months on account of reasons not attributable to contractor, escalation amount
would be payable only in respect of extended period if amount of work is more than Rs 50
Lac
10. In case the contractor does not make prorata progress in the first or another time span and
the short fall in progress is covered up by him during subsequent time span within original
stipulated period then the price escalation of such work expected to be done in the previous
time span shall be notionally give based upon the price index of that quarter in which such
work was required to be done
11. No claims for price adjustment other than those provided herein, shall be entertained.
12. If the period of completion including extended period attributable to Government exceeds
six months but cost does not exceeds more than Rs 50 Lac, no escalation is admissible
13. Similarly, if cost of works increases more than Rs. 50 Lac but completion period including
extended period attributable to government is less than 6 months, no escalation is
admissible.
14. No provisional escalation is payable on the basis of indices of the previous quarter in
absence of non publication of indices for concerned quarter by the RBI
15. Escalation is always payable quarterly and no provisional escalation is payable monthly for
fortnightly.
16. In case at the time of executing agreement, both the conditions (completion period 6 months
and amount of work Rs 50 Lac) for admissibility of price escalation are not fulfilled and
subsequently due to additional work and extension of time attributable to Government, both
the conditions become fulfilled, in that case the escalation shall be payable from the date of
satisfying both the conditions and only for work done beyond Rs 50 Lac and in period of
work beyond 6 months.
17. The contractor shall for the purpose of this conditions keep such books of account and other
documents as are necessary to show the amount of any increase climbed or reduction
available and shall allow inspection of the same by a duly authorized representative of
Government and further shall at the request of the Engineer-in-charge furnish, verified in
such a manner as the Engineer-in-Charge may require any documents so kept and such
other information as the Engineer-in-Charge may require.
Clause 46: Force-Majeure
Neither party shall be liable to each other, for any loss or damage, occasioned by or arising out of
acts of God such as unprecedented floods, volcanic eruptions, earthquake or other invasion of
nature and other acts.
VOLUME-I PAGE 85
Clause 47: General Discrepancies and Errors

In case of percentage rate tenders, if there is any typographical or clerical error in the rates shown
by Department in the "G" Schedule, the rates as given in the Basic Schedule of Rates of the
Department for the area shall be taken as correct.
Clause 48: Post payment Audit & Technical Examination
The Government shall have right to cause an audit and technical examination of the works, and
the final bills of the contractor, including all supporting vouchers, abstracts, etc., to be made
within 2 years after payment of the final bill, and if, as a result of such audit and technical
examination, any sum is found to have been over paid in respect of any work done by the
Contractor under the contract, or any work claimed by him to have been done by him under the
Contract and found not to have been executed or executed below specifications, the Contractor
shall be liable to refund the amount of over payment, and it shall be lawful for Department to
recover the same from him in the manner prescribed in Clause 50 or in any other manner legally
permissible, and if it is found that the Contractor was paid less than what was due to him under
the contract in respect of any work executed by him under it, the amount of such under-payment
shall be duly paid by the Government to the Contractor.
Clause 48A: Pre Check or Post Check of Bills
The Government shall have right to provide a system of pre-check of Contractor’s bill by a
specified Organization, and payment by an Engineer or an Accounts Officer/sr. Accounts
Officer/ chief Accounts Officer/ financial Advisor, as the Government may in its absolute
discretion prescribe. Any over-payments excess payments detected, as a result of such pre-check
or post-check of Contractor’s bills, can be recovered from the Contractor’s bills, in the manner,
herein before provided, and the Contractor will refund such over/excess payments.
Clause 48B: Check Measurements
The department reserves to itself, the right to prescribe a scale of check measurement of work, in
general, or specific scale for specific works, or by other special orders (about which the decision
of the department shall be final). Checking of measurement by superior officer shall supersede
measurements by the subordinate officer, and the former will become the basis of the payment.
Any over/excess payments detected, as a result of such check measurement or otherwise at any
stage up to the date of completion and the defect removal period specified elsewhere in this
contract, shall be recoverable from the Contractor, as any other dues payable to the Government.
Clause 49: Dismantled materials
The Contractor, in course of the work, should understand that all materials e.g. stone, bricks, steel
and other materials obtainable in the work by dismantling etc. will be considered as the property
of the Government and will be disposed off to the best advantage of the Government, as per
directions, of the Engineer-in-charge.
Clause 50: Recovery from Contractors
Whenever any claim against the Contractor for the payment of a sum of money arises out of or
under the contract, the Department shall be entitled to recover such sum by appropriating, in part
or whole of the Security Deposit, Security Deposit at the time of enlistment of the Contractor. In
the event of the security being insufficient, or if no security has been taken, then the balance or
the total sum recoverable, as the case may be, shall be deducted from any sum, then due or which
at any time, thereafter, may become due to the Contractor, under this or any other contract with
the Governor of Rajasthan. Should this sum be not sufficient to cover the full amount recoverable,
the Contractor shall pay to the Department on demand the balance remaining dues.
VOLUME-I PAGE 86
The department shall, further, have the right to effect such recoveries under Public Demand
Recovery Act.
Clause 51: Jurisdiction of Court
In the event of any dispute arising between the parties hereto, in respect of any of the matters
comprised in this agreement, the same shall be settled by a competent Court having jurisdiction
over the place, where agreement is executed and by no other court, after completion of
proceedings under Clause 23 of this Contract.
Note: The standard format as given above is as per PWF&AR and the provisions of Special
Conditions shall overrule the provisions of these General Conditions of Contract.
Schedule of Materials to be supplied by the Department, if available

(Referred to in clause 10)
S.No. Particulars Quantity, Rates Place of

meters Delivery
Unit Rupees
1.
2.
3.
Schedule of Machinery/T&P to be supplied by the Department

The following Machinery/T&P shall be supplied by the Department, if available, to the
Contractor, on hire as per “Rules of the Department for supply for machinery and T&P to the
Contractor on hire”
(Referred in Clause 10 C)
S.No. Item Rate Place of Delivery and

Return
Progress Statement referred to in Clause 2 of Conditions of Contract
Name of Work Date from which Date by which the Monthly rate of
the work should work should be Progress
be commenced completed
1 2 3 4
VOLUME-I PAGE 87
The contractor has been informed that his tender has been accepted
Dated Signature of Engineer- in -charge Dated signature of Contractor
Notes:- For Filling in the Progress Statement Form
1. Columns 2,3, and 4 must be initialled and dated by the Contractor

2. Column 4 must be initialled and dated by the Chief Engineer or other duly authorised
Engineer also.
3. The date in column 2 should correspond to the date on which the order to commence
work is given to the contractor read with Clause 2 of the conditins of contract.
4. The date in column 3 must correspond to the period stated in Sub clause(e) of the
Memorandum below “Tender for works”.
5. Column 4. This will ordinarily be worked out proportionately; thus if Rs. 24,000/- is the
cost of the whole or portion of work tendered for, and six months period of completion,
then the monthly rate of progress should be Rs. 4,000. If necessary, quantities may also be
specified in this column at the discretion of the Chief Engineer.
6. The Certificate as to intimation of acceptance of tender printed at the foot of the form,
must be signed and dated both by the Chief Engineer or other duly authorised Engineer
and the Contractor.

VOLUME-I PAGE 88
Annexure to Appendix XI
RAJASTHAN PUBLIC WORKS DEPARTMENT CONTRACTORS LABOUR REGULATIONS
1. Short Title: These regulations may be called "The Rajasthan public Works Department
Contractors-
Labour Regulations."
2. Definition : 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 :-
3. "Labour" means workers employed by a Rajasthan P.W. Department contractors directly
or indirectly through a sub contractor or other person by an agent on his behalf
4. "Fair Wage" means minimum wages for time or piece work fixed or revised by the state
Government under the minimum wages Act 1948
5. "Contractor" shall include every person whether sub-Contractor or headman or Agent
employing labour on the work taken on Contract.
6. "Wages" shall have the same meaning as defined in the payment of Wages Act and
includes time and price rate wages.
7. Display of Notice regarding wages etc. : The contractor shall (a) before he commences his
work on contract, display and inconspicuous places on the work notices in English and
the correctly maintain in Hindi by the majority of the workers giving the rate of wages
which have been certified by the Executive Engineer, Superintending Engineer, the Chief
Engineer or Labour Commissioner, as fair wages and the hours of works for which such
wages are earned, and (b) send a copy of such notices to the Certifying Officers.
8. Payment of Wages :
(i) Wages due to every worker shall be paid to him direct.
(ii) All wages shall be paid in current coin or currency or in both
9. Fixation of wage periods :
(i) The contractor shall fix the wage periods in respect of which the wages shall be
payable
(ii) No wage period shall exceed one month
(iii) Wages of every workman employed on the contract shall be paid before the expiry
of ten days the last day of the wage period in respect of which the wages are
payable.
(iv) 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.
(v) All payments of the wages shall be made on a working day except when the work
is completed before the expiry of the wage period, in which case, final payments
shall be made within 48 hours of the last working day
Note: The term "working day" means a day on which the labour is employed in progress.
10. Wage Book and Wage Slips etc.
(i) The Contractor shall maintain a Wage Book of each worker in such form 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 during wage period
(d) Total amount payable for the work during each wage period
VOLUME-I PAGE 89
(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
(ii) The contractor shall also main in a wage slip for each worker employed on the
work
(iii) The Executive Engineer may grant an exemption from the maintenance of the
wage books and wages slips to a contractor who, in his opinion, may not directly
or indirectly employ more than 50 persons on the work.
(iv) Fines and deductions which may be made from wages:
(v) The wages of a worker shall be paid to him without any deductions of any kind
except those authorized, namely the following
(vi) Fines.
(vii) 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 deduction shall be in
proportion to the period for which he was absent
(viii) (c) Deductions for damages to or loss of goods expressly entrusted to the employed
person for custody or for loss or any other deductions of money, which he is
required to account where such damages or losses are directly attributable to his
neglect or default.
(ix) (i-a) The Rajasthan Government may, from time to time, allow deductions other
than those specified in clause I above.
(x) No fines shall be imposed on a worker and no deductions for damage or loss shall
be made until worker has been given an opportunity of showing cause against
each fine or deductions.
(xi) The total amount of fines, which may be imposed in any one wage period on a
worker, shall not exceed an amount equal to three paise in rupee of the wage
payable to him in respect of that wage period.
(xii) 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.: The contractor shall maintain a register of fines and of all deductions
for damage or loss. Such register shall mention the reasons for which fine was imposed or
deduction for damage or loss was made.
The contractor shall maintain both in English and local Indian Language, a list approved
by the» Labour, Commissioner clearly stating the acts and omission for which penalty of
fine may be imposed on a workman and display it in a good condition in conspicuous
place on the work.
9. Preservation of Register: The wage registers the wage card and the register fines
deduction; required to be maintained under these regulations, shall be preserved for 6
months after the date of the first entry made in them.
10. Powers of Labour Welfare Officer to make investigation of enquiry: The Labour Welfare
Officer or any other person, authorized by the State Government on their behalf, shall
have power to make enquiries with a view to ascertaining and enforcing due and proper
observance of the fair wage clauses and provisions of the regulations. He shall investigate
into any complaint regarding default made by the Contractor or Sub-Contractor in regard
to such provisions
11. Report of Labour Welfare Officer: The Labour Welfare Officer or other person, authorized
as aforesaid, shall submit report of the result of his investigation or enquiry to the
Executive Engineer concerned indicating the extent, if any. to which the default has been
VOLUME-I PAGE 90
committed with a note that necessary deductions from the contractors bill be made and
the wage and other dues be- paid to the labour concerned in case an appeal is made by
contractor under clause 12 of these regulations, actual payment to Labors will be made by
the Executive Engineer after the Labour Commissioner had given decision on such
appeal.
12. Appeal against the decision of Labour Welfare Officers : Any person aggrieved by the
decision and recommendation of the Labour Welfare Officer or other persons, so
authorized, may appeal against Such decision to the Labour Commissioner within 30
days from the date of decision forwarding simultaneously a copy of his appeal to
Executive Engineer concerned but subject to such appeal the decision of the Officer shall
be final and binding upon the contractor
12-A. No party shall be allowed to be represented by a lawyer during any investigation,

enquiry, appeal or any other proceedings
13. Inspection of Wage Books and Slips : The contractor shall allow inspection of the wage
books and wage slips and register of fines and deductions to any of his workers or to his
agent at a convenient time and place after due notice is received or to the Labour Welfare
Officer or any other person authorized by the State Government on his behalf
14. Submission of Returns : The Contractor shall submit periodical returns, as may be
specified from time to time
15. Amendments. The State Government may, from time to time, add to or amend these
regulations and on any questions as to the application, interpretation effect of these
regulations, the decision of the Labour Commissioner to the Government of Rajasthan or
any other person authorized by the State Government in that behalf, shall be final.
VOLUME-I PAGE 91
Schedule of Fair Wages to be Given by Executive Engineer

LIST OF ACTS AND COMMISSION FOR WHICH FINE CAN BE IMPOSED
(1) Willful insubordination or disobedience whether alone or in combination with another. (2)
The fraud or dishonesty in connection with the contractors business of property of the Rajasthan
P.W.D. (3) Taking or giving bribes or any illegal gratification. (4) Habitualate attendance. (5)
Drunkenness, fighting riot or disorderly or indecent behavior. (6) Habitual negligence. (7)
Smoking near or around the area where combustible or other materials are stocked. (8) habitual
indiscipline. (9) Causing damage work in progress or to property of the Rajasthan P.W.D. or the
contractor. (10) Sleeping on duty. (11) Malingering or sowing down work. (12) Giving of false
information regarding name, age, father's name. (13) Habitual loss of wage cards supplied by the
employers. (14) Unauthorized use of employer's property or manufacturing or making of
unauthorized articles at the work places. (15) Bad workmanship in construction and maintenance
by skilled workers which is not approved by the department and for which contractors are
compelled to undertake rectification. (16) Making false complaints and/or misleading statement.
(17) Engaging, in trade within the remises of the establishment. (18) Any delinquency of business
affairs of the employers. (19) Collection or canvassing for the collection of an money within the
premises of an establishment unless authorized by the employer. (20) Holding meeting inside the
premises without previous sanction of the employer. (21) Threatening or intimidating any
workman or employee during the working hours within the premises
Schedule showing (approximately) materials to be supplied from the Public Works Store for work
contracted to be executed and the rates of which they are to be charged for
Particulars Rates which the materials will Place of

be charged to the contractor delivery
Unit Rs. NP.
Doors, with Chowkhats

------ do
------ do
Windows with chowkhats
------ do
------ do
Steel Shapes
------ do
------ do
Bars Mild Steel Sheets Plain, G.I
----- do Corrugated G.I. sheets,
Wire
Belts Tower
------ do
Locks, Mortise
------ do Rim
Hinges, Butt
------ do
Hinges, Spring Cement, Portland
VOLUME-I PAGE 92
Note : The person or firm submitting the tender should see that the rates in the above schedule
are filled up by the Engineer-in-charge on the issue of the form prior to the
submission to the tender.
(Signature of Contractor) (Signature of Engineer)
Progress Statement referred to in Clause 3 of Conditions of Contract
Name of Works Date from which Date by Which the Monthly Rate of
work should be work should be progress
commenced completed
1 2 3 4
The contractor has been informed that his tender has been accepted.
Date: Date
Engineer-in-charge Contractor
NOTES FOR FILLING IN THE PROGRESS STATEMENT FORM ON THE LAST PAGE
1. Columns 2,3 and 4 must be initialed and dated by the contractor.

2. Column 4 must be initialed and dated by the Chief Engineer or other duly authorized
Engineer also
3. The date in column 2 should correspond to the date on which the order to commence
work is given to the contractor, specified in line 3, clause 2, page 3 of the "condition of
contract".
4. The date in column 3 must correspond to the period stated in clause (f) page 2 of the
tender
5. Column 4. This will ordinarily be worked out proportionately; thus if Rs. 24,000/- is
the cost of the whole or portion of work tendered for, and six months period of
completion, then the monthly rate of progress should be Rs. 4,000/-. If necessary
quantities may also be specified in this column at the discretion of the Chief Engineer
6. The certificate as to intimation acceptance of tender printed at the foot of the form,
must be signed and dated both by the Chief Engineer or other duly authorized
engineer and the contractor.
VOLUME-I PAGE 93
Statement of Payment & Recoveries to be attached with the agreement of works
Recoveries Dated
C.B. Vr. No. & Date

Net Amount of Payment
S.No. of Bill
Gross Amount of Bill
Progressive Total Amount of Bill

Initial
Of
Other Recoveries
Total Recoveries
D.A.O.
Material & T&P
Quantity Hours
Income Tax Deduction
Royalty
EE
Amount
Sales Tax
SD
1 2 3 4(a) 4(b 4(c 4(d 4(e) 4(f) 4(g 4(h 4(i 5 6 7 8

) ) ) ) ) )
VOLUME-I PAGE 94
SPECIAL CONDITIONS OF CONTRACT
1. DEFINITIONS
“Department” means the Public Health Engineering Department of the Government of

Rajasthan. It is the Executing Agency of the Project.
Additional Chief Engineer means Additional Chief Engineer , PHED, Region-I, Jaipur
Rajasthan.
"Materials" means things of all kinds (other than equipment) intended to form or forming
part of the permanent works, including the supply of materials to be supplied by the
contractor under the contract.
"Equipment" means the apparatus, machinery, articles and things of all kinds to be provided
by the contractor under the contract or intended to form or forming part of the permanent
works.
"Contractor’s Documents" means the calculations, computer programs and other software,
drawings, manuals, models and other documents of the technical nature supplied by the
contractor].
"Specifications" means the specifications according to which the works are to be executed as
referred to in the agreement documents and any other specifications agreed thereon.
“Contract price” means the sum quoted in the tender subject to such additions thereto or
deduction there from as may be made under the provisions contained in the contract or due
to change in scope of work for pipeline & reservoirs as defined in tender Document.
“Capital Works Cost” means the Contract Price without the cost of O&M.
2. COMMUNICATION BETWEEN THE PHED AND THE CONTRACTOR
Addresses for notices

Notices with legal and contractual issues shall be addressed to the Additional Chief Engineer,
PHED, Region-I, Jaipur or other authorized officer”. Notices with technical issues shall be
addressed to the respective Engineer(s) in Charge and copy to Superintending Engineer,
PHED, Circle Jhunjhunu“.
Any notice given by the Contractor to the Additional Chief Engineer, PHED, Region-I, Jaipur
or the Engineer in Charge under the terms of the Contract shall be sent by post, courier, cable,
telex, or fax to or left at the office of the Error! Reference source not found. or the Engineer in
Charge only or the addresses as shall be indicated for this purpose only.
All certificates, notices or instructions to be given to the Contractor by the Error! Reference
source not found. or the Engineer in Charge under the terms of the Contract shall be sent by
post, courier, cable, telex, or fax to or left at the Contractor's principal address or the
addresses as the Contractor shall indicate for this purpose only.
It shall be essential for the contractor to obtain a receipt of authorized officer otherwise the
notice shall be treated as “null & void”.
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3. CONTRACT
Type of Contract
The works described in this tender document is considered to be a turn key job for Work of
Providing, laying, testing and commissioning of DI / HDPE pipe line, Construction of
RCC OHSR with allied civil works with Defect Liability of One year and O&M for 5
years after Defect Liability Period under Conversion of TSS into Piped Water Supply
Scheme, Sanjay Nagar, Tehsil Khetri, District Jhunjhunu on SPR Turnkey basis.
Priority of contract
The documents forming part of the agreement are to be taken as mutually explanatory
documents of one another. However, if the stipulation in the various units of the tender
documents are found to be at variance in any respect, one will override other (but only to the
extent these are at variance) in the order of precedence as given in the list hereinafter i.e. any
stipulation in the unit will take precedence over stipulation in all other units lower down the
list. In case of discrepancies they shall be explained and adjusted by the Engineer in Charge.
The priority of the Contract documents shall be as follows:
(i) Letter of award
(ii) Special Conditions of Contract Part A & Part B (with addenda)
(iii) General Conditions of Contract
(iv) Instructions to Bidders
(v) Scope of Work
(vi) Technical specifications
(vii) Drawings
(viii) Schedule of prices
(ix) The addenda issued in the tender document in relevant above sections shall be read
with the respective section while giving priority.
4. AUTHORITIES
Additional Chief Engineer, PHED, Region-I, Jaipur, Engineer in Charge, Representatives

The project shall be implemented by the Additional Chief Engineer, PHED, Region-I, Jaipur.
He shall appoint Engineer(s) in Charge as Representatives who shall carry out such duties or
any authority as decided by the Government.
5. MONTHLY REPORTS AND MEETINGS
Monthly Reports
Monthly progress reports shall be prepared by the Contractor and submitted to the
Department in 3 copies. The first report shall cover the period up to the end of the first
calendar month following the commencement date. The EIC may also ask for additional daily
progress reports with respect to progress of pipeline work.
Reporting shall continue until the contractor has completed all work, which is known to be
outstanding at the completion date as stated in these conditions.
Each monthly Report shall include the following but shall not be limited to:
• charts and detailed descriptions of progress, including each stage of design Contractor’s
Document, procurement, manufacturing, delivery to site of construction, direction,
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testing, commissioning and the trial operation;

• photographs showing status of manufacture and of progress on the site;
• for the manufacture of each main item of equipment and materials, the name of the
manufacturer, manufacture location, percentage progress, and the actual or expected
dates of:
• commencement of manufacturing;
• contractor inspections,
• tests and
• shipment and arrival at the site;
• copies of quality assurance documents, test results and certificates of materials;
• Comparisons of actual and planned progress, with the details of any events or
circumstances which may jeopardize the completion in accordance with the contract,
and the measures being (or to be) adopted to overcome delays.
Meetings
Meetings shall be held in the office of Additional Chief Engineer / EIC or at other places as
mutually fixed in advance. The proposed agenda for the meetings shall be exchanged at least
1 week in advance. It is required that a decision-maker of the Contractor is present at the
meetings so that binding decisions can be taken about outstanding issues. Generally, the
following issues shall be discussed:
• Progress of the work, difficulties
• Revision of time schedule
• Payment issues
• Disputes
• Claims
6. RIGHT OF ACCESS TO THE SITE DURING EXECUTION
The Department shall give the contractor right of access to all parts of the site. The site for
execution of the work will be made available as soon as the work is awarded. In case, it is not
possible for the Department to make the entire site available on the award of the work, the
Bidder shall arrange his working program accordingly. No claim, whatsoever, for not giving
the site in full on award of the work or for giving the site gradually in parts will be tenable.
However, if and to the extent that the Department's failure was caused by any error or delay
by the contractor, including an error in, or delay in the submission of, any of the contractor's
documents, the contractor shall not be entitled to such extension of time.
7. THE CONTRACTOR
Contractor's general obligations

The contractor shall conduct survey & verify the levels of the proposed reservoirs and lengths
and alignments of the pipelines. The Contractor shall review the designs of the department
before execution to satisfy himself about the correctness, soundness and the safety of the
designs. Finally, the contractor shall be responsible for the correctness, safety & soundness of
the hydraulic system & structures built under the contract so as to provide required quantity
of water in the command area. If required, the staging of the reservoirs, pumping head of
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pumps, discharge of pumps, etc. shall be revised by the contractor so as to achieve the
objective of the work to deliver the required quantity of water at consumers end.
The contractor shall confirm the feasibility of the system proposed by the department. The
confirmation of the feasibility of the system proposed by the department is necessary as the
final responsibility to provide water of designed demand to the consumer end and it shall be
deemed that the cost of such eventuality has been accounted for in the lump sum offer.
In addition to the above, the contractor is also required to confirm the availability of the
material required for the contract in the time schedule given herein after, so as to complete
the job within the prescribed time. No time extension shall be provided on this account. If
required under such circumstances, the contractor after prior approval of Department shall be
allowed to use superior type of material so as to complete the job within the prescribed time.
No additional payments shall be made on account of use of superior quality material, on this
account.
The Contractor shall provide the equipment and Contractor's Documents specified in the
contract, and all Contractor's personnel, goods, consumables and other things and services,
whether of a temporarily or permanent nature, required in and for this design, execution,
completion and defect liability period of 1 year after completion of the work.
The works shall include any work, which is necessary to satisfy the Department's
requirements, or is implied by the contract, and all works, which (although not mentioned in
the contract) are necessary for the completion and commissioning, and/or safe and proper
operation of the works.
The Contractor shall be responsible for the adequacy, stability and the safety of all site
operations, of all methods of construction and of all the works.
The Contractor shall provide all facilities required for quality control tests, tests for material,
equipment(s), and/or all other facilities otherwise referred in the conditions of contract(s)
and/or otherwise necessary to complete the works with due supervision of Engineer-in-
charge. The testing of material, quality control tests, etc. may be got done through recognized
labs after approval of Engineer-in-charge.
The Contractor shall, whenever required by the Department, submit details of the
arrangements and methods, which the contractor proposes to adopt for execution of the
works. No significant alteration to the arrangements and methods shall be made without this
having previously been notified to the Department.
Contractor's representative
The contractor shall appoint the Contractor's Representative and shall give them all authority
necessary to act on the contractor's behalf under the contract.
Unless the Contractor's Representative is named in the Contract, the Contractor shall, prior to
the Commencement Date, submit to the Department for consent the name and particulars of
the person the Contractor proposes to appoint as Contractor's Representative. If consent is
withheld or subsequently revoked, or if the appointed person fails to act as the Contractor's
Representative, the Contractor shall similarly submit the name and particulars of another
suitable person for such appointment.
The Contractor shall not, without the prior consent of the Department, revoke the
appointment of the Contractor's Representative or appoint a replacement.
The Contractor's Representative shall, on behalf of the Contractor, receive instructions.
The Contractor's Representative may delegate any powers, functions and authority to any
person, and may at any time revoke the delegation. Any delegation or revocation shall not to
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take effect until the Department has received prior notice signed by the Contractor's
Representative, naming the person and specifying the powers, functions and authority being
delegated or revoked.
Setting out
The contractor shall set out the works in relation to original points, lines and levels of
reference specified in the contract. The contractor shall be responsible for the correct
positioning of all parts of the works, and shall rectify any error in the positions, levels, the
dimensions or alignment of the works.
The safety procedures
The contractor shall:
(a) Comply with all applicable safety regulations,
(b) Take care for the safety of all person's entitled to be on the site,
(c) Choose reasonable efforts to keep the site and work clear of unnecessary obstruction
so as to avoid danger to these persons,
(d) Provide fencing, lighting, guarding and watching of the works until completion and
its taking over by the department at end of O & M.
(e) Provide any temporary works (including roadways, foot-ways, guards and fences)
which may be necessary, because of the execution of works, for the use and protection
of the public and of owners and occupy a server adjacent land.
Quality Assurance
In addition to the provisions of clause 43 of General conditions of contract, the contractor
shall constitute a quality assurance system to demonstrate compliance with requirements of
the contract. The system shall be in accordance with the details stated in the contract and the
Quality Assurance Program will be got approved from the competent authority. The
Departments shall be entitled to audit any aspect of the system.
Details of all procedures, if adopted other than those laid down in the tender document, and
compliance documents shall be submitted to the Department for information before each
design and revocation stage is commenced. When any document of a typical nature is
submitted to the Department, evidence of the prior approval by the contractor himself shall
be apparent on the document itself.
Compliance with the quality assurance system shall not relieve the contractor of any of his
duties, obligations or responsibilities under the contract.
8. SITE DATA & DEPARATMENTAL DESIGN & DRAWINGS
The contractor shall be responsible for verifying, conducting confirmative surveys and
interpreting all departmental site data, department drawings & designs. The department shall
have no responsibility for accuracy, sufficiency or completeness of such data.
Un-Foreseeable Difficulties:
a. The contractor shall be deemed to have obtained all necessary information as to risk,
contingencies and other circumstances that may influence or affect the works;
b. By signing the contract, the contractor accepts total responsibility for having sustained all
difficulties and costs of successfully completing the works: and
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c. The contract price shall not be adjusted to take account of any unforeseen difficulties or
costs.
Rights of Way and Facilities
The Contractor shall bear all costs and charges for special and/or temporary rights of Way,
which he may require, including those for access to the site. The contractor shall also obtain,
at his own risk and costs, any additional facilities outside the site that he may require for
further purposes of the works.
Avoidance of Interference
The contractor shall not interfere unnecessarily or improperly with:

a. the convenience of the public, or
b. in the access to and use and occupation of all roads and other land, irrespective of
whether they are public or in the possession of the Department or others.
The contractor shall indemnify and hold the Department harmless against and from all
damages, losses and expenses (including legal fees and expenses) resulting from any such
unnecessary or improper interference.
Security of the Site
Unless otherwise stated in particular conditions:

a. The contractor shall be responsible for keeping unauthorized persons off the site, offices,
campus etc. within the scope of work and
b. Authorized person's shall be limited to the Contractor personnel and the Department's
personnel; and to any other personnel notified to the Contractor, by (or on behalf of) the
Department, and
c. Providing adequate manpower for the security of the material brought to the site.
9. Contractor’s Operations On-site
The Contractor shall confine his operations to the site, and to any additional areas that may
be obtained by the Contractor and agreed by the Department as working areas. The
Contractor shall take all necessary precautions to keep Contractor’s equipment and
Contractor personnel within the site and these additional areas, and to keep them off adjacent
land.
During the execution of the works, the Contractor shall keep the site free from all unnecessary
obstruction, and shall store or dispose of any Contractor’s equipment or surplus materials.
The Contractor shall clear away and remove from the site any wreckage, rubbish and
temporary works that are no longer required.
10.Land for the Work and For the Contractor’s Establishment
The land or the land rights for the sites of the permanent Work will be provided by PHED
according to the progress of work.
For the purpose of constructing Contractor’s yard, godown, site office, staff quarters, etc. the
contractor may utilize the land and existing buildings / structures allocated to him by PHED
after obtaining requisite permission from the Engineer in Charge. All expenses in connection
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with purchase or construction or maintenance or removal etc. of such items shall be borne by
the Contractor.
PHED may allocate the land and buildings for use by the Contractor according to its
possibilities only. If the land or buildings are not available or are insufficient for the purposes
of the Contractor’s establishment, additional land or buildings will have to be
procured/rented by the Contractor himself at his own cost and expenses as per his
requirement.
Recovery of rent towards the use of building by contractor for office/store/residence
provided by the department shall be done on fair rent assessment basis.
11.ORGANIZATION ON THE SITE
Contractor’s office
The Contractor shall have an office(s) near the site(s), and shall during office hours on all
working days have a clerk or some other authorized person always present at such office,
upon whom a notice may be served. Service of any notice left with such clerk or authorized
person shall be deemed good, served upon the Contractor. The contractor shall bear all
expenses for such offices.
The contractor shall also establish and maintain the office of the supervisory department staff
at the site during the entire execution period for which the contractor shall bear all costs
including electricity. The office established shall have reasonable facilities for office
establishment, sanitation, etc.
Contractor's staff
The Contractor shall employ for the execution of work only such persons as are skilled and
experienced in all activities required for the Completion of the Works, from reconnaissance,
design, manufacturing, execution and testing to commissioning. The Engineer in Charge shall
be at liberty to object to and require the Contractor to remove from the Work any person who
in the opinion of the Engineer in Charge misconducts himself or is incompetent or negligent
in the proper performance of his duties. Such person shall not again be employed without
permission of the Engineer in Charge.
The Contractor shall employ labour in sufficient number to maintain the required rate of
progress and quality to ensure workmanship of the degree specified in the Contract.
Site books
For the purpose of quick communication between the Engineer in Charge and the Contractor,
site books shall be maintained at all sites, where work is being carried out, so as to be readily
available. Any instructions or order which the Engineer in Charge or his representative may
like to issue to the Contractor may be recorded by him in the site book and two copies thereof
taken by him for his record.
12. DESIGN AND DRAWINGS
GENERAL DESIGN OBLIGATIONS

The Contractor shall be deemed to have scrutinized, prior to submission of bid, the
Department's requirements (including designs & drawings & calculations, if any) for their
correctness, accuracy, structural safety and soundness. The Contractor shall be responsible
for the correctness, accuracy of all designs and for safety & soundness of all structures
constructed under this contract.
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The department shall not be responsible for any error, in accuracy or permission of any kind
in the Department’s requirements as originally included in the contract. Any data or
information received by the Contract, from the department or otherwise, shall not relieve the
Contractor from his responsibility for the design and execution of the works
The details of materials indicated in the tender document and drawings are the minimum
requirement, and no reduction/alteration shall be permissible unless the Engineer-in-charge
is satisfied that such changes are necessary for the safety of the structure. All changes
proposed in the given drawings & designs should be notified & got approved from the
Engineer-in-charge.
13. CONTRACTOR'S DOCUMENTS & SUBMISSION PROCEDURE FOR DETAILED

DESIGN & EXECUTION DRAWINGS
The contractor is required to review the department design & drawings (if available) &
submit the designs and execution drawings such as site plans, general arrangement drawings,
hydraulic design including pipe distribution network from OHSR, L-sections, plans,
architectural, structural drawings and working drawings of all civil, mechanical and electrical
engineering works. He will also submit the detailed system and working drawings as well as
performance curves and data for all hydraulic, mechanical, electro-mechanical and electrical
equipment. Prior to the commencement of work on the basis of designs & drawings of the
department, the contractor shall submit duly signed & accepted designs & drawings in 6
copies to the department.
If any changes are desired by contractor in the given design parameters viz increase (no
decrease allowed) in size of pipe / ESR stagging etc due to change in hydraulics, leading
increase in cost shall wholly be borne by the contractor and should be submitted with a
detailed note justify the proposed changes duly approved from MNIT, Jaipur or IIT, New
Delhi or any other recognized institute (as approved by EIC) for approval to EIC.
The drawings shall be sufficient in details and the scale has to be chosen accordingly in co-
ordination with the engineer in charge in six copies for issuance for execution
14. APPROVAL PROCEDURES
The submission of designs, working drawings and other documents etc shall be done as per
the requirement of the tender documents to the competent authority or his authorized
representative. The department shall progressively review them for an approval within 15
days. The period of review will be counted after all observations/ queries are replied
satisfactorily. The schedule should be such so as not to obstruct the actual construction work.
The following shall be the procedure for submission and approval of modified designs,
execution drawings & contractor’s documents:
The Contractor shall submit three copies of design/ drawings/ contractor’s documents to the
Engineer in Charge along with related IS codes, manuals & soft copy used for design. All the
submitted papers are to be signed by the Contractor or his authorized representatives.
The Engineer in Charge will review the submissions and if found fit for approval, will
approve them and return one copy to the Contractor within 15 days duly signed in token of
approval.
In case the design/drawings etc. are not found fit for approval, the Engineer in Charge will
mark the comments on them and return two copies to the Contractor within 15 days and the
same shall be repeated till the submissions are finally approved. The contractor in such cases
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shall submit the revised and corrected submissions within 15 days of the receipt of comments
from Engineer-In-Charge.
On request of the Engineer in Charge, the Contractor shall depute the design engineer
responsible for the particular submission to discuss with the Engineer in Charge or his
Representative.
On receipt of approved submissions as per sub-clause above, the Contractor shall submit four
(4) additional copies of the approved submissions (designs, drawings, data sheets etc.) to the
PHED for reference and records.
No designs / drawings with corrections made after taking the prints will be accepted.
The approval along with alterations in drawings/designs by the Engineer in Charge shall not
relieve the Contractor of his sole responsibility in terms of the Contract for correctness and
soundness of the designs and drawings and for the structural safety and stability of all the
components of the Work.
15.DISCREPANCIES BETWEEN DRAWINGS AND SPECIFICATIONS
In case of discrepancies between drawings and specifications or data sheets arising from the
meaning, dimensions or quality of the materials and equipment for the due and proper
execution of the Work, the discrepancy shall be explained by the Engineer in Charge. His
explanation shall be the final decision and the Contractor shall execute the Work accordingly
without any extra payment.
16.CONTRACTOR'S UNDERTAKING
The design, the Contractor’s Documents, the execution and the completed works shall
comply with the relevant standards, building, construction and environmental laws, law as
applicable to the product being produced from the works, and other standards specified in
the Volume II “Scope of Work & Technical Specifications” applicable to the works, or defined
by the applicable laws.
All these laws, in respect of the works shall be, the laws prevailing at the time of letter of
invitation. References in the contract to published standards shall be understood to be
references to the edition applicable on the date of supply / execution as the case may be.
Whenever there are contradictory provisions in applicable Indian Standards, the most
stringent of the provisions shall apply unless specifically mentioned otherwise.
17.SUPPLY OF MATERIAL
All material required for the execution of the work, testing, commissioning, trial run,
operation, routine and preventive maintenance and repairs/ replacement/, if any
necessitated, during the entire Operation and Maintenance period shall be arranged by the
Contractor himself.
18.SAMPLES & INSPECTION
The contractor shall submit samples whenever required (except for items for which pre-
dispatch inspection is required) to the department for review in accordance with the
procedure for Contractor's Documents. Each sample should be labeled as to in and intended
use in the works.
The Department’s Personnel or authorized representative shall at all reasonable times:
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(a) Have full access to all parts of the site and to all places from which natural materials are
being obtained, and
(b) During production and construction (at the site, factory and, to the extent specified in the
contract, elsewhere), be entitled to examine, inspect, measure and test the
materials/equipment and workmanship, and to take the progress of manufacture of
equipment and production and manufacture of materials.
The Contractor shall give the Department’s personnel full opportunity to carry out these
activities, including providing access the facilities, promises and safety equipment. No such
activities shall relieve the Contractor from any obligation or responsibility.
19. THE DEPARTMENT MAY OPT FOR THIRD PARTY INSPECTION, IN ADDITION TO
ABOVE.
Equipment of similar kind to be used in the contract shall be of same make unless specifically
approved by the Engineer-in-Charge. Unless specific approval of the Engineer-in-Charge is
obtained, all equipment of one kind, to be used in the project, shall be offered for inspection
in one lot. If such equipment are offered in different piece meal lots, the cost of inspection of
material/equipment in smaller lots will be recovered from the contractor, and the delay
caused to the project on this ground, shall solely be attributed to the account of the contractor.
20. INSPECTION CHARGES
The inspection charges for all Equipment(s) and material(s) required for execution of the
work, the arrangement for inspection and expenses thereto shall be borne by the contractor.
The charges of third party inspection agency, if any, shall be borne by the department, for
which initial payment of inspection fee to the inspection agency appointed by the department
shall be made by the contractor. This will be reimbursed to the contractor upon submission of
proof of payment and satisfactory inspection reports. During inspection and testing of any
material or equipment being done by department’s personnel and/or by a third party, the
contractor’s authorized representative should necessarily be also present at the factory to
witness and verify the test reports.
21. APPROVAL AND TESTING OF PIPES AND EQUIPMENT
The fact that the Contractor has agreed to provide the material prescribed in the Tender
Documents does not relieve him to ask for the final approval of the equipment and material
to be used for the Work. The specifications and drawings of each item to be supplied shall be
individually scrutinized and the Engineer in Charge shall verify its conformity with the
technical specifications and the standards.
Prior to ordering any material and equipment such as specials, measuring equipment’s,
mechanical and electro-mechanical equipment, electrical and instrumentation equipment,
etc., the Contractor has to supply the detailed specification, drawings, performance curves
and data sheets, operation instructions, etc., to the Engineer in Charge. If equipment or
material which the Contractor submitted first is refused in the approval process he has to
submit documents of such equipment which corresponds to the specifications of the Tender
Documents and which is likely to be approved.
Only after approval of the material and equipment, the Contractor can place the order or start
the manufacturing or purchasing procedures.
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Four weeks prior to packing and shipping the Contractor must inform the Engineer in Charge
when the material/equipment is ready for inspection and testing. At this date, the Contractor
shall supply the results of all manufacturer’s own tests made during or after manufacturing
and his own quality control certificates. The Engineer in charge will decide whether he or his
representative will inspect and test the material/ equipment or whether he will approve it on
the basis of the supplied documentation.
Inspection of bought out items i.e., Butterfly valves, Sluice valves, Kinetic Air Valves, Zero
velocity valves and pressure reducing Valves or any other electro-magnetic, electrical and
mechanical equipment(s) shall be done by department representative(s) and/or a third party
appointed by the department. The inspection charges shall be paid as per the provision
above. However, the department may ask the contractor for pre-dispatch inspection of any
other equipment also without any extra payment.
The Engineer in charge will provide an authorization for packing and shipment after
inspection and/or approval of the material/equipment.
If the Contractor packs and ships material/ equipment without approval or authorization of
the Engineer-in-Charge, it can be refused if it is not matching with the specifications of the
Contract. All costs resulting from this are to be borne by the Contractor. The Contractor has
then to provide the material/ equipment, which is matching with the Contract.
The fact that the material and equipment has been inspected tested and authorized for
dispatching does not relieve the contractor from his liabilities and responsibilities in terms of
the contract. No claims can be made if tested/ inspected equipment has to be replaced or
modified during execution, testing and commissioning and during defect liability period
because it does not meet the specifications.
22. TESTING OF MATERIAL, ETC
The Contractor shall provide all apparatus, assistance, documents and other information,
electricity, equipment, fuel, consumables, estimates, labour, materials, and suitably qualified
and experienced staff in relation to testing of supplied material (such as cement, steel,
building material, concrete and other miscellaneous items) as are necessary to carry out the
specified test efficiently. The department may also ask the contractor to get some of the tests
done by an approved laboratory, for which no additional payment shall be made to the
contractor. The Contractor shall agree, with the Department, the time and place for the
specified testing of any equipment, materials and other parts of the works.
The Department may, vary the location or details of specified test, or instruct the Contractor
to carry out additional tests. If these varied or additional tests show that the tested
equipment, materials or other workmanship is not in accordance with the contract that cost
of carry out in this variation shall be borne by the contractor, notwithstanding other
provisions of the contract.
The Contractor shall promptly forward to the Department duly certified reports of the tests.
When the specified test has been passed, the Department shall endorse the Contractor's test
certificate, or issue a letter of approval to him, to that effect.
23. REJECTION
If as a result of an examination, inspection, measurement or testing, any equipment,

materials, workmanship is found to be defective or otherwise not in accordance with the
contract, the Department may reject the equipment, materials, designs or workmanship by
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giving notice to the Contractor, with reasons. The Contractor shall then promptly make
good that defect and ensure that the rejected items finally comply with the contract
requirements.
If the rejection and re-testing cause the Department to incur additional costs, the Contractor
shall pay these costs to the Department.
24. COST OF WATER AND ELECTRICITY FOR TESTING
For all sectional testing(s) in the contract, the contractor shall be liable for all payments
against the arrangements for such sectional testing(s), including the cost of water.
Water and electricity required for testing of CWR and OHSR shall be arranged by the
contractor at his own cost.
Water and Electricity for the tests of “Commissioning of System” shall be arranged by the
department as given herein after. The water and electricity for this test(s) will be provided
free of cost by the department. All other charges for the lubricants, operational and
maintenance staff or any other direct or indirect charges incurred by the Contractor for such
test, shall not be paid by the Department and if the test is performed during O & M period in
operation, no deduction shall be made on this account.
25. COMPLETION OF THE WORK
Time for completion

The whole of the Work, including mobilization, reconnaissance, investigations, design,
manufacturing, transportation, construction, installation & testing, commissioning & trial
runs, and demobilization has to be completed within a period of 12 months calculated from
the commencement date, which is 10 days after the written order to commence the Work.
The duration of the trial runs and tests is included in the completion period, defined in
Clause 2 of General Conditions of Contract. The operation & maintenance shall be done
during the period of defect liability period of 1 year as per the provisions. The contractor
shall submit a detailed time schedule for all the activities to be completed under the contract.
This schedule shall be updated in each monthly meeting. However, this time schedule shall
not bear any implications on the provisions of clause 2 of General Conditions of Contract.
26. SECTIONAL AND TOTAL PHYSICAL COMPLETION
The part of work or section thereof shall be treated as physically completed when the work
or part of work or section thereof as envisaged in the Contract and essential as per site
conditions, is complete and has been successfully tested sectionally or entirely under non-
operation conditions to the satisfaction of the Engineer in Charge. He shall issue a Sectional
Completion Certificate to the Contractor in which he shall certify the date on which the
work, part of work, or section thereof has been physically completed to the satisfaction of the
Engineer in Charge.
Certificate for Total Physical Completion shall be issued when all the works as envisaged in
the contract and essential as per the site conditions are completed in all respect to the
satisfaction of Engineer-in-Charge and the pipeline, pumping stations, reservoirs and all
other ancillary systems are sectionally tested successfully, test gaps are closed and
interconnections/ connectivity made as required.
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The issuance of the Sectional Completion Certificate or Total Physical Completion does not
relieve the Contractor from his duties to maintain the work in the condition as on dates of
sectional or total physical completion, till the end of the defect liability period.
27. COMPLETION OF WORK AND FULLY COMMISSIONING
Immediately after the physical completion, the work of testing and commissioning the entire
system on design conditions as per the procedure of test given in “Scope of Work &
Technical Specifications” shall be taken up. Once the entire system has been successfully
tested and commissioned as per the conditions of tests of commissioning referred in “Scope
of Work & Technical Specifications”, the trial run period shall commence. After successful
completion of the trial run period of one month, and removal of all visible defects to the
satisfaction of Engineer-in-Charge, the work shall be treated as “Completed”.
Unless otherwise provided in the contract, after the successful completion of the testing,
commissioning and trial runs for the entire system, the Engineer-in-charge shall issue a
certificate of “Completion of Work”. The date of Certificate notifying “Completion of Work”
will be used for the final payment as per clause 6 and 7 of General Conditions of Contract.
From this date of certificate for “Completion of Work”, the Operation & Maintenance during
defect liability period shall commence.
28. DEFECTS LIABILITY PERIOD
The defect liability period shall be of 12 months, from the date of issue of the certificate for
Completion of works. The Contractor shall be responsible for satisfactory performance of all
the components of the work & the system as a whole under all design and operation
conditions for the duration of the defects liability period, except for damage due to
unprecedented natural calamities.
Any constructional defect as pointed out by the Engineer in Charge, such as defects due to
premature use of materials, works not executed in accordance with the Contract, defects
arising due to improper & inefficient construction and /or operation & maintenance, hidden
faults in material and equipment not discovered during inspection and testing,
manufacturing, transportation, erection/construction and in commissioning and as pointed
out by Engineer-in-charge shall be rectified by the Contractor at his own cost within the
provisions of payments under the contract for execution of the work. The cost of repair
material, spare parts, transport, repairs, tests and repair staff shall have to be borne by the
contractor. If the Contractor fails to rectify the defect within a period of 15 days after
notification, the Engineer in Charge may forfeit the security deposit or an amount thereof
required for the rectification through a third party without prejudice to any other right the
Department may have against the Contractor in respect of his failure to remedy such defects.
In the case of delayed “Completion of Work” not caused by the Contractor, the defects
liability period shall be extended accordingly but not more than two (2) years after the total
physical completion of the entire Work, whichever is earlier.
29. AS-BUILT DRAWINGS
The submission of the as-built drawings of the works is the precondition for the final
payment of execution part. The final drawings shall be submitted in one reproducible set and
5 copies on linen bound in an album of an approved size. The contractor shall submit all the
completion drawings and approved design calculations on CD ROM / DVD in two copies
with proper directory structure. The in-build drawings would mark the size and length of
VOLUME-I PAGE 107

the pipeline, location of valves, type of pipeline both old and new one with nodes marked on
it.
The contractor shall prepare, and keep up to date, a complete set of "as built" records of the
execution of the works, showing the exact as built locations, sizes and details of the works as
executed. The records shall be kept on the site and shall be used exclusively for the purpose
of this sub clause. Two copies shall be supplied to the Department before the
commencement of the tests on completion.
In addition, the contractor shall supply to the Department as built drawings of the works,
showing all works as executed, and submit them to the Department for review under sub
clause [Contractors Documents]. The Contractor shall obtain the consent of the Department
as to their size, the references system, and other relevant details.
Prior to the issue of Completion of works certificate, the contractor shall provide to the
Department the specified numbers and types of copies of the relevant 'As-Built' drawings, in
accordance with the Department’s requirements. The Completion of works shall not be
considered until the Department has received the 'As Built' Drawings.
30. PROGRESS OF WORK
All components of works shall ensure a logical sequence of execution, construction, supply,
installation, testing, and commissioning. If any supply / construction of a material / unit is
made, not in conformity to the logical sequencing of the work component, no payments will
be entitled against such supplies and installations.
There has to be a continuous chain of work to ensure that pipes & other material provided by
the contractor are laid/ installed promptly and those laid/ installed pipes are sectionally
tested in the field without any delay.
It will be the responsibility of contractor to maintain simultaneous pro-rata progress of
works.
31. DOCUMENTS REQUIRED FOR PAYMENT:
The contractor shall submit the following documents in duplicate along with the
invoice/bill.
✓ Invoice indicating details of equipments, material manufactured, supplied and
installed or work carried out, supply value of such material or equipment or value
of such work carried out and amount claimed.
✓ Inspection reports/ test reports/ reports certifying completion of activity with
acceptable results as per PHED or any other agency representing PHED.
✓ Report/certificate of inspections /tests carried out by the supplier of the
contractor or by the contractor himself.
✓ Any other such details/documents as may be reasonably specified by the
Engineer-in-Charge from time to time during execution of the contract.
✓ Proof of insurance of equipments, as required.
✓ Certificates, as prescribed, regarding payment of Sales Tax, duties etc. leviable on
supplies made.
✓ Colour photographs of the work executed during the period for which the invoice
has been raised.
✓ Other documents required by the Engineer-in-charge.
VOLUME-I PAGE 108

32. DEDUCTIONS
Statutory deductions
The Department is required to make statutory deductions at source from all running bills
and final bill as in force through relevant statutes in force from time to time at the rates
prescribed therein.
Other deductions
Any other deductions to recover any reduction in rates or any other Department's claims
accrued as per the contract or in respect to any other liabilities arising, shall be deducted
from subsequent interim payments or final payments or from the securities with the
Department.
33. NON APPLICABLE CLAUSES OF GENERAL CONDITIONS OF CONTRACT
The clauses of General conditions of contract bearing nos 10C, 12A, 24, 25, 36(D), 37, 45, 45
“A” & 47 and table for schedule of material to be supplied by the Department, if available (
referred in clause 10 of General Conditions of Contract) shall not be applicable.
34. TAXES AND DUTIES
All taxes, duties, levies applicable by any act of the Government of India and/or State of
Rajasthan and/or of the local bodies on the company or its personnel, during the period of
work in progress shall be paid by the Contractor.
For all goods manufactured / procured and supplied by the contractor and the work
executed under this contract, responsibility of payment of GST, surcharge and any other tax
and levies in force, responsibility of payment of all taxes, duties, levies shall be of the
contractor.
35. DEPARTMENT’S RIGHT TO RECTIFY
The Department retains the right, at the cost of Contractor, to perform any of these materials
or work obligations on default of the Contractor.
36. REFUND OF SECURITY DEPOSIT OF CAPITAL WORKS
The security deposit in lieu of capital works will be refunded after satisfactory completion of
defect liability period provided the final bill has been paid for all types of works including
capital works.
37. SCHEDULE OF PAYMENTS
Sequence of events shall be decided in the monthly review meetings and material
requirement for subsequent 3 months shall be decided and made part of the monthly reports.
Payment for supply of items in consonance with the agreed sequencing of material will only
be made, so that material does not remain unutilized for more than 3 months, for which
payment of supply has been made.
Payment of material and equipment shall be done for the price quoted for respective items in
the “Schedule of Prices” of the tender document and as per provisions given herein after.
All payments related to the execution part of the project, shall be made on the principle
mentioned below.
VOLUME-I PAGE 109

(i) ELECTRICAL, MECHANICAL & INSTRUMENTATION (centrifugal pumps, Feeder

panels, valves and flow meters and other equipments)
a. 60 % Payment
On receipt of material in good condition at site after conducting all the required
tests at the manufacturer premises, acceptance of the inspection report, other
papers/warranties, required as per the conditions of contract.
b. 30 % Payment
After installation and erection of material at site
c. 10 % Payment
After successful pre-commissioning tests as per the provisions given in the Chapter
“Testing, Commissioning and Trial run” in volume II.
(ii) FOR PIPE LINE WORK
a. 90% on receipt of pipes and specials in good condition at site, and conducting all
the requited tests at the manufacturer premises, acceptance of the inspection and
testing reports, other papers/warranties, required as per the condition of
contract, on prorate progress, after excavation and laying and jointing, sectional
testing, refilling of trench road restoration & site clearance of the pie line of pipes
in trench with specials.
b. 10% of the quoted price on prorate progress, after complete commissioning, final
site clearance and complete trial run.
There has to be continuous chain of work to ensure that pipes provided are laid
promptly and those laid are sectional tested in the field without any delay.
(iii) for construction of RCC ESR

Following is payment break up of cost of lump sum tender for RCC OHSR
(i) 5 % of the quoted cost for the reservoir on completion of earth work &
P.C.C work.
(ii) 10 % of the quoted cost for the reservoir on completing RCC works
upto ground level as per approved design & drawings.
(iii) 20 % of the quoted cost for the reservoir on completing RCC works
upto bottom of ring beam below bottom dome as per approved design
& drawings.
(iv) 25 % of the quoted cost for the reservoir on completing RCC works
upto ring beam below top dome as per approved design & drawings
(v) 5 % of the quoted cost for the reservoir on completing RCC works of
top dome as per approved design & drawings.
(vi) 15 % of the quoted cost for the reservoir on supply of all material to be
used for piping, equipments etc.
(vii) 10 % on installation of all equipments, completion of all piping work,
plinth protection work, interconnections and other ancillary works.
(viii) 5 % on successful completion of leakage test.
(ix) 5 % on successful commissioning of the system
(iv) For Construction of RCC CWR/GLSR

(i) 5 % of the quoted cost for the reservoir on completion of earth work &
P.C.C work.
(ii) 25 % of the quoted cost for the reservoir on completing RCC works
upto floor slab.
VOLUME-I PAGE 110

(iii) 25 % of the quoted cost for the reservoir on completing RCC works
upto top ring beam, as per approved design & drawings.
(iv) 15 % of the quoted cost for the reservoir on completing RCC works of
roof slab / top dome as per approved design & drawings.
(v) 10 % of the quoted cost for the reservoir on supply of all material to be
used for piping, equipments & accessories etc.after completion of RCC
work of Roof slab/Top dome.
(vi) 10 % on installation of all instruments, completion of all piping work,
plinth protection work, interconnections and other ancillary works.
(vii) 5 % on successfully completion of leakage test.
(viii) 5 % on successful commissioning of the system.
(v) FOR CONSTRUCTION OF CIVIL WORKS

Civil work structure payment shall be made according to G-Schedule. The stage wise
payments as indicated above shall be treated as advance payments and shall be adjusted
to the final lump sum price offered for the job as per the terms and conditions of the
contract.
Successful bidder shall submit breakup of payment for other different units/components
of the work for approval of the department. The breakup shall have not more than 10
stages.
38. STANDING COMMITTEE FOR SETTLEMENT OF DISPUTES
If any question, difference or objection, whatsoever shall arise in any way, in connection
with or arising out of this instrument, or the meaning of operation of any part thereof, or
the rights, duties or liabilities of either party then, save in so far, as the decision of any such
matter, as herein before provided for, and been so decided, every such matter constituting a
total claim of Rs. 50,000/- or above, whether its decision has been otherwise provided for
and whether it has been finally decided accordingly, or whether the Contract should be
terminated or has been rightly terminated, and as regards the rights or obligations of the
parties, as the result of such termination, shall be referred for decision to the empowered
Standing Committee, which would consist of the followings:-
i. Principle Secretary PHED.
ii. Finance Secretary or his nominee, not below the rank of Dy. Secretary..
iii. Law Secretary or his nominee, not below the rank of Joint Legal Remembrancer.
iv. Secretary PHED.
v. Chief Engineer concerned (Member-Secretary).
The Engineer-in-charge, on receipt of application along with non-refundable prescribed fee,
(the fee would be two percent of the amount in dispute, not exceeding Rs. one Lac) from
the Contractor, shall refer the disputes to the committee, within a period of one month from
the date of receipt of application.
Procedure and Application for referring cases for settlement by the Standing Committee
shall be, as given in Form RPWA 90.
39. Makes of Equipment
The Equipment(s) used by the bidder for the project shall be one of the makes given for
each equipment, in Annexure “A” to this section of the special conditions of contract and as
VOLUME-I PAGE 111

approved by Technical Committee of RWSSMB, Jaipur. The makes of other

equipments/material to be used shall be got approved from EIC.
40. Time Schedule for Contract activities
For completion of the job in the prescribed time it is essential to maintain a timely and
logical sequencing of the contract activities. In view of the above the contractor shall submit
an Action Plan/Execution Schedule to the department. The plan should be sufficient in
detail so as to facilitate monthly monitoring of targets and achievements of various major
components.
To adhere to the execution schedule approved by the department, the contractor shall also
deploy the required T&P as directed by Engineer in Charge. The time schedule so provided
and approved by competent authority shall have no bearing on clause 2 of General
Conditions of Contract.
41. ACCIDENT OR INJURY TO CONTRACTOR’S EMPLOYEES
The PHED shall not be liable for, or in respect of any damages or compensation payable by
law in respect of, or in consequence of any accident or injury to any person in the
employment of the contractor (other than accident or injury as may be attributable to the
PHED or its employees) & the contractor shall indemnify the PHED against all such
damages and compensations and against all actions, suits, claims, cost or expenses arising
there from. The contractor shall insure against such liabilities and shall continue such
insurance during the whole of the time that any persons are employed by him on the
works.
42. Defects liability period:
The defects liability period shall be of 12 months (1 year) from the date of issue of the
certificate for completion of works. The Contractor shall be responsible for operation,
maintenance and satisfactory performance of the work under all design & operation
condition for the duration of the defects liability period.
VOLUME-I PAGE 112

SPECIAL CONDITIONS OF CONTRACT –PART “B”

1. DEFINITIONS
1.1 Adverse Operating Period
The period, during which clear water and/or electricity are/is not
provided by the department.
1.2 Billing Period
Billing Period means each calendar month, except:
(1) For the first Billing Period shall begin on the Date commencement of
contract below and shall continue till the last day of the respective
month;
(2) The last Billing Period shall start on the first date of the month of expiry
of contract and end on the date of expiry of contract.
However, no payment, against O&M, shall be made during the Defect
Liability Period, which is the first year of the O&M period.
Any computation made on the basis of a Billing Period shall be adjusted
on a pro rata basis to take into account any Billing Period of less than the
actual number of days in the month to which such Billing Period relates.
*Alternative Consumption Norms
Consumption Norms for other consumables and man power, for the
period during which Alternative Output Standards prevail.
*Alternative Output Standards/Flow rates
The output standards for the treated water and alternative flow rates at the
outlet of treatment plant that are determined by an authorized
authority/committee of the department after consideration the reasonable
courses of event forcing alternative output standard.
1.3 Commencement of O&M Period
From the date of Completion of works of Special Conditions of contract
Part ‘A’.
However, O&M for additional period to the part/ section(s) as defined in
special conditions of contract Part ‘A’ shall also be under taken by the
contractor for which he would not be entitled to claim for any extra
payment towards it.
1.4 Operation and Maintenance Contract Period
Five (05) years excluding one year defect liability period from the
commencement of O&M period.
1.5 Date of Issue of Taking Over Certificate
After the completion of Period, for contract, provided that the contractor
has fulfilled all the provision of this contract.
1.6 Good Engineering Practice
In respect of the Contractor, its subcontractors, and all other such third
party agents of the Contractor, practices, methods, techniques and
standards, as changed from time to time, that are generally accepted for
use internationally for water treatment facility, pump house along with its
electrical &-mechanical equipment(s), all type of pipe line and pipe
appurtenances, all type of meters and control equipment(s), power sub-
VOLUME-I PAGE 113

stations, and all other facility during construction, development,

operations and maintenance, taking into account conditions in India. Good
engineering practice shall also mean attaining qualitative parameters of
treated water as well as its disinfections including use of chemicals in
consideration to he quality of raw water and norms for availability of
residual; chlorine at the end point. In this regard water supply manual and
directions of EIC with respect to any contingency shall also be applicable.
1.7 Non-conformance Event
Any occasion on which the Contractor does not supply the notified per
day flow to the respective supply system.
1.8 Operations and Maintenance Services
All Services which are the responsibility of the Contractor and are
required to fulfil the obligation as detailed in “scope of work” given in
Vol. II of bid document and/or in the approved operation and
maintenance manual and as defined in any other clauses of this contract.
2. Extension & Expiry of Contract
2.1 Extension of Operation and Maintenance Period
The Operations & Maintenance Period can be extended for a period
further based on such terms as acceptable to both Parties (“The
Contractor” and the “Department”)
In such an event, either Party (“The Contractor” or the “Department”)
shall notify its intention to extend the Operations & Maintenance Period at
least six months before its expiry and commence discussions with the
other Party to arrive at a mutually agreed basis of terms and conditions for
the extended period.
2.2 Expiry of the Operation and Maintenance Period & Taking Over By the
Department
Six months prior to the expiry period, the Department will notify the
contractor, the maintenance required for the facilities including all
structures and road, plants, materials and equipment(s) therein, so that the
facilities may be taken over in an acceptable physical conditions (physical
conditions in reference to the initial physical condition at the start of O&M
period, after accounting reasonable wear and tear during operation) and in
operation conditions.
Not withstanding to the notification done by department as per clause 0
above, the contractor shall repair, maintain and operate the facilities as per
the terms and conditions of this contract, till 12.00 Noon up to the date of
expiry of contract period.
The contractor, shall be liable for all defects, faults, break-downs etc
occurred or noticed prior to the 12.00 Noon, up to the date of expiry of
contract, even if the facilities are taken over by the department
subsequently, due to expiry of contract period, as per clause 0 above.
However, the Department has to notify all such defects/liabilities of
contractor within 30 days of taking over of facilities.
VOLUME-I PAGE 114

Till the date of expiry of contract period, the contractor shall do all routine
and periodic/break-down maintenance as prescribed in the O&M manual,
in force, at the time of expiry of contract.
On expiry of contract (execution period), the contractor shall hand over all
spares, tools and for which he has been paid.
After, expiry of the contract, the contractor shall provide 3 copies of the
updated O&M manual. The components of communication system used
during O&M period in operating condition, the T&P required for
maintenance of facilities. The logbooks and all the other records prepared
during the O&M period shall be handed over to the Department, in
acceptable electronic formats and in hard copies, within 15 days of expiry
of contract. Copy of the log books related to performance of units shall be
provided every month.
If the contractor does not comply with any of the provisions above, or any
other requirement in pursuance of Good Industrial Practices, the Engineer
–In-charge shall estimate the cost of liabilities due to violation of any of the
provisions of this contract. Such estimates made by Engineer-In-Charge
shall be final and binding for the contractor. However in a reasonable
endeavour, such estimates shall be communicated to the contractor, within
30 days of expiry of the contract. The contractor shall be given an
opportunity to rectify the damages through his staff/agents, or for supply
of required material provided such rectification of defects on maintenance
do not require any shut down of the system, within 60 days of such
notification of estimates by department.
Within 120 days of expiry of the contract period, the Department shall
prepare the final estimates for recovery from the contractor and shall
prepare the final bill for the work.
If the recoveries to be done by Department are more than the final bill to
be paid, the contractor shall deposit the required amount to be recovered
from contractor or this amount shall be recovered from the
securities/guarantees etc. with the department as deemed suitable.
After the date of expiry of contract and recoveries of all dues payable by
the contractor, the Engineer-In-Charge shall issue a "Certificate of Taking
over."
3. PAYMENTS
3.1 Basic Service Charge(BS)
The Basic Service Charges shall comprise all expenses for operation and
maintaining the Facilities, as provided in the scope of work for O&M in
Volume – II of “Scope of Work and Technical Specifications” of bid
document. In addition to the cost of material/equipment spares,
repair/replacement of equipment and labour, chemicals, consumables and
all other expenses such as expenses for patrolling, administration and
management, permanent & temporary staff, running office, maintenance
of all structures, updating of operation and maintenance manual etc. and
all other incidental and indirect expenses for the works detailed in “Scope
of Work for O&M” in Vol-II or for works otherwise required as per good
engineering practices for Operation and Maintenance of the entire system,
VOLUME-I PAGE 115

(except for the cost of electricity and chemicals required) are included in
this Basic Service Charges. The Basic Service Charge shall be a lump sum
charge to be quoted by Contractor at the time of bidding in Schedule of
prices in Volume IV of bid document. All chemicals like bleaching
powder, etc. used for treating the water at pumping stations under
operations shall be provided by the Department..
4. Reduction OF RATES (RR)
Measurement of Flows For Reduction In Rates
I. For this clause, the day shall mean the duration between 12.00 noon of
preceding day and 12.00 noon of the day in question.
II. The flow rate for the day in question will be calculated by dividing the
total flow during the day by the duration of operation of system
within that day.
III. For this clause, whenever required, the % error between the readings
of two meters shall be calculated by dividing the difference of
readings between the two meters to the lower quantity of flow
recorded by either of the two meters. (Calibration meter shall be
provided by the contractor).
IV. For the purposes of the payment of Reduction in rates, Metering is of
utmost importance in this contract. For flow measurements, meters
shall be installed. The total Clear water delivered shall be taken as per
the totaliser reading of meter installed on manifold near pump house.
The receiving flow shall be considered as per the reading of flow
meter installed at ESR/GLSR. The metering shall be done
continuously at all the points.
V. If doubt is raised by any of the party, in reference to the correctness of
meters, an ultra-sonic flow meter shall be installed in series and the
reading of the meter under question shall be compared with other
available flow meter which has been calibrated earlier with working
meters (the ultra-sonic meter shall be provided by the contractor). If
the difference is within ± 4%, no change of meter will be done. If it is
beyond this limit, the meter must be repaired within 24 hours by the
contractor. If no meter is functional at terminal points, the flow as per
historical trends shall be calculated by Engineer-in-Charge, his
assessment of flow shall be treated final.
VI. At all times, the contractor will ensure that sufficient spares for meters
are available, so as to keep meters in use for the maximum time at
each location.
VII. If any of the main meter(s) are not functioning for a continuous period
of more than 96 hours, shall warrant a reduction in rates of Rs. 500 per
day per meter.
VIII. The daily flow rates recorded as above shall be used for reduction in
rates as per clause given below.
VOLUME-I PAGE 116

IX. In event of Break Down or shutdown due to other reasons or due to

other circumstances, if the flow has been maintained for part of the
day, than the average flow rate for such “part day” flows, shall be
calculated as referred above.
Reduction in rates for supply of less Quantity of Water and for high
percentage of leakages
I. The total losses in the clear water mains, estimated on the basis of flow
meters installed pumping station, shall be limited as 3% of the total
flow released from the pump house. For losses more than 3% of the
flow, the reduction in rates @ Rs. 5 per KL of water in excess of
permissible 3% shall be levied. The rate of reduction i.e. Rs. 5 per KL
shall be increased by 12.5% every year, during the O & M period.
Reduction in rates for not maintaining power factor

The contractor shall maintain the power factor for respective motor and
complete system as specified. If low power factor leads to any surcharge
by the power supply companies, the contractor shall be liable for
deduction equivalent to the surcharge/ penalties / levies etc. imposed by
the power supply company for not maintaining the required power factor.
However, benefit of incentive if accrued will not be credited to the
contractor.
5. Billing and Payment procedure
Commencing with the first Billing Period of the Operations &
Maintenance period and for each Billing Period thereafter during the
Operations & Maintenance Period, the Department shall pay the
Contractor a Service Fee for the services provided by the Contractor under
the terms of this Conditions of Contract for Operation and Maintenance.
The Contractor shall prepare and submit to the Department, for each
Billing Period, invoice for payments receivable by the Contractor with all
supporting documents. The calculations shall be submitted between the
first and fifth working day of the month for the preceding month.
THE PAYMENT SHALL BE IN ACCORDANCE WITH THE FOLLOWING FORMULA:
SF = BS - RR
Where:
SF = Service Fee
BS = Basic Service Charges
RR = Reduction in Rates or any other deduction as per terms and
conditions of contract
The Fee payable shall be computed in accordance with this Clause and
shall be adjusted from time to time, as per provisions in the contract. The
Service Fee is and shall be considered to be a Single Fee payable for O&M
of the system. The Department shall pay the Contractor the Service Fee
with respect to each Billing Period during the Operations & Maintenance
Period, but shall have no obligation to pay the Service Fee till the
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commencement of O&M period. The Service Fee constitutes the entire

compensation of the Contractor for performing the Operation &
Maintenance Services, as per the scope of work and other obligations due
to this contract. The Department shall pay to the Contractor the Basic
Service Charge, whether and irrespective of the availability of Water in
CWR and electricity to the Contractor for transmission hereunder, as
provided in related clauses of tender document..
6. Taxes and Duties
The Contractor shall be responsible for paying all taxes/duties including
service tax, cess or any other levies imposed by the Government and
assessed as due and payable by the Contractor associated with the
carrying out of the services. Notwithstanding the provisions of any Clause
of this Conditions of Contract for Operation and Maintenance, the
Department shall be entitled to withhold or deduct from payment to the
Contractor any amount demanded by the competent authority.
All statutory deductions shall be made from all the payments done to the
contractor.
7. Security Deposit
The provisions of Clause 1 of General Conditions of Contract shall apply
for the deductions to be made in reference to the Security Deposit.
8. Refund of Security Deposit
An amount equal to 10% of department's estimated cost of O&M or the
contract value of O&M, whichever is higher, shall be retained on account
of Security Deposit for O&M work from Security Deposit for execution of
Work, while refunding such Security Deposit. The Security Deposit with
the Department shall be released after successful completion of the defect
liability period as per Special conditions of contract ( Part-A) for execution
part & after taking over certificate issued in pursuance of Special condition
of contract (Part-B) for O & M.
9. ACCIDENT OR INJURY TO CONTRACTOR’S EMPLOYEES
The PHED shall not be liable for, or in respect of any damages or
compensation payable by law in respect of, or in consequence of any
accident or injury to any person in the employment of the contractor (other
than accident or injury as may be attributable to the PHED or its
employees) & the contractor shall indemnify the PHED against all such
damages and compensations and against all actions, suits, claims, cost or
expenses arising there from. The contractor shall insure against such
liabilities and shall continue such insurance during the whole of the time
that any persons are employed by him on the works.
10. OPERATIONS
PERSONNEL
The Contractor shall appoint the minimum staff defined in scope of work
of O&M in Volume - II, before the date of issue of Certificate for
Completion of work under special condition of contract part “A”. The
appointed staff must have the minimum qualification and experience as
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defined in the Chapter of “Specifications for Operation and Maintenance”

of Volume-II. The names along with the qualifications and experience of
the minimum staff to be provided as per the conditions of contract shall be
got approved from the Department. If during the O&M period any
personals earlier approved by Department are required to be changed, the
bidder shall provide CV’s of personals of similar or more experience than
that of the person to be replaced for approval of Department. Only after
such approvals, the bidder shall appoint the person on job.
The Contractor’s Representative shall be authorized and empowered to act
for and on behalf of the Contractor on all matters relating to the rights and
obligations of the Contractor during the O &M Period. In all such matters,
the Contractor shall be bound by the written communications, directions,
requests and decisions given or made by the Contractor’s Representative.
The Contractor’s Representative will direct and manage the Contractor’s
resources and have full responsibility for the operation, maintenance and
administration of the Facility.
The Contractor shall identify, interview and hire sufficient number of
qualified and trained (and if required, licensed) personnel to perform its
obligations during the O &M Period.
All Contractor’s personnel employed at any time during the O &M period
will be provided by the Contractor. The Department is not liable for
personnel in any way and cannot be held responsible in the event of
litigation of any sort between the Contractor and members of plant
personnel or their representatives or non-performance of obligations due
to any strike or other industrial action by the Contractor’s workmen
(including those of its subcontractors, suppliers etc).
The Contractor undertakes to comply with applicable legislation and the
code of labour law on matters of health, hygiene and safety, and shall
assume responsibility for works required in the event of any change in
applicable regulations and shall also require its subcontractors to comply
with this clause.
If the Contractor fails to provide the minimum personnel responsible for
O&M of the Facility as defined in scope of work, given in volume-II, the
Basic Service Charge payable for each year may be reduced
proportionately to the schedule of deployment of personnel proposed by
the contractor or as per the actual expenditure incurred by the Department
to fulfill the duties and liabilities of the Contractor under this contract,
which ever is more, at Department’s discretion.
MAINTENANCE, REPAIRS AND REPLACEMENTS
The Contractor at its own cost and expense shall maintain and repair the
Facility in good working condition, in a neat & orderly way including the
cleanup of litter and debris on a daily basis or more frequently, shall
maintain a spare parts inventory necessary to performance maintenance
required as per the Operation and Maintenance Manual and/or scope of
work, and shall maintain the aesthetic quality of the Facility as originally
constructed and in accordance with the Technical Specifications, with due
allowance for reasonable wear and tear and depreciation. The Contractor
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shall provide or make provisions for all labour, materials, and equipment
which are necessary for the normal operation and maintenance of the
Facility and shall conduct the required predictive and preventive
maintenance of the Facility consistent with the Operation and
Maintenance Manual and/or scope of work. The Contractor shall
maintain maintenance logs in accordance with the preventive maintenance
plan set forth in the Operations and Maintenance Manual and as defined
in scope of work and shall produce monthly copies of the same to
department.
Additions/Modifications to the Facility
Any additions to the Facility sought by the Department, over and above
those required to meet the Contractor’s obligations under this Contract,
including but not limited to expansion of the Facility, shall be carried out
by the Contractor at the expense of the Department on mutually agreed
terms and conditions. Such agreement will cover the costs of maintenance
of the additional facilities also. The Department shall also bear any
incremental expenses (along-with the percentage fee for the Contractor)
required to maintain such additions during the O&M Period. The
Department may opt for other sources for construction and maintenance
for such additions.
Department’s rights
INSPECTION
The Department may periodically check the operation of the Facility or
designate an organisation of its choice at the cost of Department to carry
out inspections of the Facility to satisfy itself that the Contractor is
performing its obligations with due diligence.
Any assistance required for such inspection of the Facility shall be
provided by the Contractor at its own cost.
The Department representative can inspect the facility at any moment
during the O&M period.
Water Audit
There are considerable losses in the water produced and distributed which
leads to reduction in the income of the utility. Some of these losses are
physical leakage of water and some are revenue losses. Hence a water
audit will be required to be done to get fairly accurate figures of the
following - Water production, Water assessed, Losses both Physical and
revenue. Contractor should carry out the water audit during O&M period
as per norms & specifications, fixed by the department time to time. All
cost toward this shall be born by the contractor.
Technical Audit
The Department has the right to conduct a technical audit of the Facility
and to perform any analysis or inspection it deems necessary. Before any
such inspection, the Department shall give a prior written notice of three
days to the Contractor. The Contractor shall at the Contractor’s sole cost
and expense provide all assistance the Department requires to complete
VOLUME-I PAGE 120

these inspections. Such audits may cover all or any of the obligations of
the Contractor, including but without limitation to,
a. Verification of the system capacity save for normal wear and tear
during the O&M Period
b. Verification of the performance standards and useful life of the
individual assets of the Facility, save for normal wear and tear during
the O&M Period
c. Testing and verification of the water losses
d. Efficiency at which pumps are being operated to ascertain energy
consumption
Facility Visits
At the end of each twelve-month period, or at the initiative of the
Department, a visit shall be organized so that both Parties can check the
condition of the installations at the Facility.
A report shall be drawn up to record the opinions of both Parties. The
Department reserves the right to call in equipment manufacturers or
specialised technicians for these visits.
These visits shall provide an opportunity for examining maintenance
programs and operating procedures and improvements requiring
additional investments.
Responsibilities of THE DEPARTMENT
The Department will provide:
Power shall be supplied to the Facility at PS, as per designed pumping
hours. Power shall be supplied to the Contractor solely for the purpose of
pumping of water, and for other utilities within the pumping station and
for the other utilities desired by the Department and not for any other
purpose.
Sub Contracts
The Contractor shall not delegate its responsibilities hereunder nor
subcontract any part of the services to be provided by him. The Contractor
cannot create a charge on any assets of the Department or the assets
purchased under the Contract.
BREAK DOWNS
Contractor Action and liabilities
In event of break down, resulting in suspension of supplies and also
endangering life and / or property, the contractor shall take such action as
may be reasonable and necessary at his cost and expenses, to prevent,
avoid, or mitigate injury damage and / or loss as soon as possible and
rectify the defects / repair the facilities at his own cost, so as to commence
the supplies at the earliest possible. The contractor must report all such
incidences, indicating the cause and contractor's response thereto, to the
Department.
VOLUME-I PAGE 121

The contractor shall utilize its personnel and all his resources to take such
action as may be reasonable and necessary in the event of a break down.
The contractor must incur all expenditure and take all measures, which are
necessary (in accordance with good industrial practice) in case of break
down, effecting the facilities and / or to safeguard lives or property.
The contractor shall be liable to pay all type of claims arising and raised
for any loss of lives / property attributed to such break down, unless such
break down has resulted due to force majeure.
Time for Rectification of Defects:
Not limiting to any events listed below the contractor shall be charged for
delayed commissioning of the system, after a break down. The reduction
in rates for delayed commissioning of events listed below, shall generally
be applicable, but can be condoned by the Additional Chief Engineer after
considering the grounds for delay. For events not listed below, the
Additional Chief Engineer shall decide the reduction in rates on the merit
of case and after considering the action taken by the contractor, The
decision of Additional Chief Engineer, shall be binding on the contractor.
Reduction in Rates
(a) Repair for Burst in pipe line:-
In case of any leak which otherwise could be repaired by a clamp or
during routine maintenance, the contractor shall not be allowed to shut
down the system for these repairs. In case, where the transmission of
water is impossible, without the repair of pipeline and when such repairs
warrant a shutdown, the contractor shall be allowed to have a shut down
for 8 hrs to effect such repairs \ charges
If duration of break down is within 8 hrs, no compensation will be
imposed. The delay beyond 8 hrs shall attract a compensation of 0.5 times
of daily Basic Service Charges payable (for material and labour) (Basic
Service Charges for the month divided by 30) for subsequent delay up to 6
hrs or part thereof, the same rate of reduction shall be applicable for each
additional delay of 6 hours or part thereof (e.g. for repair period of 22 hrs.
total compensation shall be 1.5 times the daily basic service charges.
(b) Un-attended Leakages in water mains
A token compensation of Rs. 200/- per day for unattended leakage shall be
leviable if the delay in satisfactory completion of leakage / repair is
beyond 24 hours from the time of each notice by the department. The
contractor shall also bear all the direct and indirect loss to the Government
arising due to litigations / claims etc.
11. TERMINATION
Contractor’s default
The Department shall be entitled to terminate this Contract for the
following reasons attributable to the Contractor, unless arising as a result
VOLUME-I PAGE 122

of a Force Majeure Event, or any cause related to the obligations of the

Department
a. Non-performance of material obligations or failure to perform material
obligations under this Contract.
b. If the treated water quality falls below the Maximum Permissible
Output Standard.
c. Repudiation of this Contract by the Contractor or the evidencing of an
intention by the Contractor not to be bound by the terms of this
Contract.
d. Appointment of a provisional liquidator in providing for winding up
of the Contractor unless such appointment has been set aside
within 45 days.
The Contractor is ordered to be wound up by a court or files a petition for
voluntary winding up except for the purpose of amalgamation or
reconstruction provided that such amalgamation or reconstruction does
not adversely affect the ability of the amalgamated or reconstructed entity
to perform its obligations under this Contract, the successor has assumed
in writing unconditional responsibility for the performance of the
Contractor’s obligations and the technical, financial and operating
capability of the successor is satisfactory to the Department.
a. The Contractor abandons the operation of the Facility.
b. Under conditions expressly mentioned in any Clause of this
Conditions of Contract for Operation and Maintenance.
c. Consequences of Termination by Department
If the Department, with reasonable grounds, terminates the contract, the
Secured Advances, and any other sums of the contractor with the
Department, shall be fortified and action shall be taken against him as per
clause 3 of General Conditions of Contract, if deemed appropriate.
12. INDEMNIFICATION
The Contractor to indemnify the Department against the following:
a. The Contractor shall at its own expense make good any physical loss or
damage to the Facility occasioned by it in the course of the
performance of its obligations under this Contract if and to the extent
such loss or damage is caused by the willful misconduct or failure to
follow Good Engineering Practices of the Contractor, any sub-
contractor or their respective agents or employees.
b. The Contractor shall indemnify, defend and hold harmless the
Department and its officers, employees, agents and affiliates against
any and all claims of loss, damage and expense of whatever kind and
nature, including all related costs and expenses incurred in connection
therewith, in respect of personal injury to or death of third parties and
in respect of loss of or damage to any third party to the extent that the
same arises out of:
i) Any breach by the Contractor of its obligations hereunder;
VOLUME-I PAGE 123

ii) Any negligent act or omission on the part of the Contractor, its
subcontractors or their respective agents or employees; and
iii) Any wilful misconduct or breach of statutory duty on the part of
the Contractor, its subcontractors or their respective agents and
employees.
iv) Any other event where such indemnification has been expressly
mentioned in this Conditions of Contract for Operation and
Maintenance.
c. The Contractor shall indemnify, defend and hold harmless the
Department and its, officers, employees, agents and affiliates against
any and all claims of loss, damage and expense of whatever kind and
nature, including all related costs and expenses incurred in connection
therewith in respect of the death or injury to any person employed by
the Contractor or its subcontractors in connection with the performance
of the Contractor’s obligations.
d. The Contractor shall indemnify the Department against all losses and
claims in respect of:
i) Death of or injury to any person, or,
ii) Loss of or damage to any property (other than the Works).
which may arise out of / in consequence of the Operation and
Maintenance of the Facility and the remedying of any defects therein,
and against all claims proceedings, damages, costs, charges and
expenses whatsoever in respect thereof or in relation thereto, subject to
the exceptions below
i) The permanent use or occupation of land by the Facility, or any part
thereof.
ii) The right of the Department to execute the Facility, or any part
thereof, on, over, under, in or through any land.
iii) Damage to property, which is the unavoidable result of the
execution and completion of the Works, or the remedying of any
defects therein, in accordance with the contract.
13. Defect liability period
All the provisions of Special condition of contract Part “B” shall also be
applicable during 12 month defect liability period. During defect liability
period, no payment is payable to contractor, therefore the compensations
applicable during defect liability period shall be recorded and the same
shall be deducted from running 1st bills for O&M period.
14. INTELLECTUAL PROPERTY
All Intellectual Property conceived, originated, devised, developed or
created by the Contractor specifically for the Facility or the carrying out of
the obligations under this Contract shall vest in the Department as sole
beneficial owner and shall be disclosed to the Department upon its [the
Intellectual Properties coming into existence.
VOLUME-I PAGE 124

Source code for computer programmers and associated documentation,

storage media shall be made available to the Department by the
Contractor free of cost
Any Intellectual Property of the Department that is required in connection
with the performance of the obligations of the Contractor shall be made
available to the Contractor free of charge for the purposes of this Contract
alone
The Contractor shall, at its own cost and expense, ensure availability at all
times during the Term of this Conditions of Contract for Operation and
Maintenance, of any proprietary spares/consumables/equipment that it
may have sourced for purposes of ensuring proper functioning of the
Facility as per this Conditions of Contract for Operation and Maintenance.
The Contractor shall, as far as practicable, use its best efforts
To procure that Intellectual Property owned or developed by third parties
and utilised by the Contractor in connection with the performance of its
obligations under this Contract for the production of treated water from
the Facility and otherwise for the Facility but for no other purpose on
reasonable terms
To ensure that no Intellectual Property of a third party is otherwise used in
the performance of the Contractor’s obligations under this Contract
without the approval from the Department.
On Termination of this Conditions of Contract for Operation and
Maintenance, the Contractor shall transfer all such Intellectual Property
whatsoever to the Department and/or to the Successor Operator at the
discretion of the Department.

PHED, Region-I, Jaipur
VOLUME-I PAGE 125

Annexure ‘A’ (Format of site book)
PUBLIC HEALTH ENGINEERING DEPARTMENT

SITE BOOK
1. Name of Circle:
2. Name of Division:
3. Name of Work:
4. Location of site:
5. Name of Contractor:
6. Agreement no. & Date:
7. Date of Commencement of Work:
8. Stipulated date of Completion:
9. Details of In-charge of work:

Designation Name Period
SE
EE
AE
JE
VOLUME-I PAGE 126

HINDRANCE AND DELAYS

Date of Details of Date on Responsibility Signature of
occurrence hindrance which of hindrance site in-charge
of hindrance with
hindrance was designation
overcome
(i) (ii) (iii) (iv) (v)
VOLUME-I PAGE 127

Inspection notes & orders of Touring Officer
Date of Notes and orders Signature Subsequent Signature of

Inspection with signature and of action taken site in-charge
designation of contractor with
officer making the or his designation
entry authorised
agent
(i) (ii) (iii) (iv) (v)
VOLUME-I PAGE 128

Annexure ‘B’ (Format of display board at site)
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dk;Zdkuke----------------------------------------------------------------------------------------------------------------------------
dk;ZLFkydkuke------------------------------------------------------------------------------------------------------------------
Lohd`rykxr---------------------------------------------------------------------------------------------------------------------------
dk;ZizkjEHkgksusdhfrfFk----------------------------------------------------------------------------------------------------
dk;Ziw.kZgksusdhfrfFk--------------------------------------------------------------------------------------------------------
Bsdsnkjdkuke o irk-------------------------------------------------------------------------------------------------------
dk;Zdk la{ksifooj.k----------------------------------------------------------------------------------------------------------
VOLUME-I PAGE 129

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Government of Rajasthan

Public Health Engineering Department

Work of Providing, laying, testing and commissioning of DI / HDPE pipe line,

Office of Additional Chief Engineer

Telephone no. 0141-2740170 Email: [email protected]

1. Tender Issuing Form

S.No. ITEM Particulars

1. Name of Work Work of Providing, laying, testing and

2. NIT No. NIT No 10/2018-19

3. NIT Cost Rs. 276.67 Lakhs

4. Tender Fee Rs 5000/-

5. Earnest Money Rs 5,53,340.00

6. Time period for completion 12 Months

7. Defect Liability Period 12 months

8. O&M Period 60 Months after completion of Defect Liability Period

9. Date and Time of From 19.09.2018 to 16.10.2018 up to 06.00 PM.

10. Last date and Time of 16.10.2018 up to 6:00 PM

11. Date of opening of the 18.10.2018 at 11:30 AM

12. Date & Time for physical 18.10.2018 at 11:00 AM

OFFICE OF ADDITIONAL CHIEF ENGINEER, PHED,

NOTICE INVITING TENDERS FOR WORKS

1. NIT No. 10 / 2018-19

Region-I, in sealed envelope physically in the tender

S. N. Events Date & Time Website / Location

b) Date & time for online 16.10.2018 up to 06.00 http://www.eproc.rajasthan.gov.i

undertaking/organization equivalent to appropriate class of Rajasthan shall also be

S.N. Parameters Prequalification Criteria

2. Historical Contract Non Performance:

S.N. Parameters Prequalification Criteria

disputes in total, shall not represent more

(i) Non performance shall include all contracts:

a. Where non performance was not challenged by the contractor,

Non performance shall not include contracts where Employers

(ii) Parameters of history of non performing contract and pending

5. The bidders will have to register themselves on website

Additional Chief Engineer,

Tenderers, liable to summary rejection

4. Pre- QUALIFICATION PARAMETERS

4.2.1 Bidding Bidding Capacity of the bidder calculated as

S.N. Parameters Prequalification Criteria

4.4 Historical Contract Non Performance:

S.N. Parameters Prequalification Criteria

deadline for bid submission

a. Where non performance was not challenged by the

Non performance shall not include contracts where

(i) Parameters of history of non performing contract and

Scope of work and Technical Specification

7.4 Tenderer is requested, to submit all clarifications in writing or by mail/fax, to

7.5 NO JOINT VENTURE IS PERMISSIBLE

8.3 In order to provide prospective Tenderers reasonable time to take the

of material than those asked in the specifications, a statement of deviations

Makes and 10.4 MAKES AND ORIGIN OF THE EQUIPMENT

14.6 The Earnest Money may be forfeited

the department, or fails to commence the work in the specified period/fails to

16.3 Financial offer shall be submitted on line on the web site

of attorney for the person authorized to sign, issued by the partners or

Contents of 17.4 Cover-3 Financial Bid

• Clarification and substantiation required to assess the quality of the offer,