Topo Docs
Topo Docs
Topo Docs
Draft eNIT
(Containing 1 to 198 pages)
Approved by
(Ajay Singh)
AGM (Engg-Civil)
Name of work: Construction of New Terminal
Building, Apron Extension, Runway Extension
and other associated works at LBSI Airport,
Varanasi. SH :Topographical Survey, Contour
Maps, Quantity Computation etc.
Certified that this e-tender document contains pages from 01 to 198 as described above.
la-l- % Hkkfoizk@okjk@vfHk-@Vksiks@bZ,uvkbZVh&113@ fnukad% 22-11-2023
Ref No.: AAI/VNS/ENGG/Topo/eNIT-113/ Date: 22.11.2023
Earnest Money Deposit (EMD) of Rs. 32,000.00 will be required to be paid online on
CPP portal only.
1 2 3 4
S. Qualifying criterion Supporting Document must have the Enclosure
No. following salient information which AAI Check-list
would like to note
1.0 General
1.1 Name and registered office
address of the Applicant
Contractor / Firm
Name, Address, Telephone Name :
no.,
Mobile No., Fax No., e-mail Address :
address of the authorized Ph. No.:
contact person of the agency
for further Mobile No.:
Communication.
Fax No.:
E-mail ID :
1.2 Authorized Signatory (Name
& Designation)
1.3 Tender Processing Fee. Rs.1180/- (i/c GST), non-
refundable will be required to be Yes / No
paid online on CPP portal only.
1.4 Earnest Money Deposit (EMD) Rs. 32,000.00 will be required to be
paid online on CPP portal only. Yes / No
PR- 1
iii) Scanned copy of ‘Undertaking’ regarding Blacklisting / Debarment Copy enclosed:
on Bidder’s Letter Head (As per Annexure-II) Yes / No
iv) Scanned copy of Form- A - details of similar works completed Copy enclosed:
Yes / No
during last seven with completion certificate issued by client.
v) Scanned copy of Form- B - Financial Information. Copy enclosed:
Yes / No
vi) Scanned copy of Form- C – Net Worth. Copy enclosed:
Yes / No
vii) Bidder shall submit scanned copy of ‘Undertaking’ on Company’s
Letter Head that I/ We will deploy sufficient plant and machinery as
per the requirement of work in consultation with the Engineer-in- Copy enclosed:
Yes / No
Charge (E-I-C) to achieve the milestones/targets and overall
completion within the time period. (As per Annxure-V)
viii) Bidders other than propriety firm shall submit, scanned copy of
Authorization Letter/Power of Attorney along with copy of Certificate
of Incorporation of the Company under Companies Act showing
CIN/LLPIN/Name of Directors of the Company & Copy of Board Copy enclosed:
Resolution regarding Authority to assign Power of Attorney. Yes / No
PR- 2
Whether experience from Tenderers showing work experience TDS certificate
enclosed:
Govt. organizations or private certificate from non- Yes / No
clients? government/non-PSU organizations
should submit copy of tax deduction
at sources (TDS) certificate(s)
alongwith a certificate issued by
registered Chartered Accountant,
clearly specifying the name of work,
total payment received against the
work and TDS amount for the work.
ii) TURNOVER
Average Annual Financial Year Turnover (In Lakhs) Proof of turn over
enclosed
Turnover of Rs. 4.80 lakhs 2021-22 (Abridged
during last three years balance sheet &
ending 31st March of the 2022-23 profit & loss A/C)
Copy enclosed:
previous financial year. The Yes / No
Financial Information shall 2023-24
be submitted in the given
format – Form-B Average:
iii) Net worth
The tenderer should have a minimum net worth of Rs. 2.40 lakhs, Copy enclosed:
Yes / No
issued by certified Chartered Accountants. The Certificate should
be submitted in the given format- Form-C.
Envelope-II: - The Financial e-Bid through CPP Portal:
BOQ Uploaded:
Financial bid through CPP portal. Yes / No
Any other information
Remarks
Place:
PR- 3
FORM “A”
Note: The contractor should give list of only of eligible category works of
requisite amount with supporting documents issued from client.
PR- 4
FORM-B
FINANCIAL INFORMATION
1. Financial Analysis - Details to be furnished profit and loss account for the last five
years duly certified by the Chartered Accountant as submitted by the applicant to the
Income
- Tax Department
1 Gross Annual
Turnover
2 Turn-Over on
Construction
Works
3 Profit/loss after
Taxes
(consolidated)
4 Profit/loss after
Taxes
(standalone)
PR- 5
Form ‘C’
This is to certify that as per the audited balance sheet and profit & loss account during
the financial year …………….……, the Net worth of M/s ………………….………………
(Name & registered address of Individual /Firm/Company), as on ………………. (the
relevant date) is Rs…………………….. after considering all liabilities. It is further
certified that the Net Worth of the company has not eroded by more than 30% in the last
three years ending on (the relevant date)”
PR- 6
FORM-D
FINANCIAL DATA
Sl. Description Financial Data for Last Five Audited Financial years
No. FY…. FY…. FY…. FY…. FY….
1. Maximum value of
Civil Engineering
Works executed in
any one year during
the last 5 (five) years
(updated the
completed works to
current costing level
of enhancing at a
simple rate of interest
@ 7% per annum.)
Note:
a. All such documents reflect the financial data of the tenderer or member in case of
JV/Consortium, and not that of sister or parent company.
PR- 7
FORM-E
WORKS IN HAND
PR- 8
Annexure -I
TENDER ACCEPTANCE LETTER
(To be given on Contractor’s Letter Head)
Date:
To,
AGM Engg(Civil)
Airports Authority of India
LBSI Airport,
Varansi-221006
PR- 9
Annexure- II
(i) Our firm is not restrained/ debarred/ blacklisted by Airports Authority of India (AAI)/ Ministry
of Civil Aviation(MoCA)/ Dept. of Expenditure(DoE), Ministry of Finance and the debarment/
blacklisting/ restrainment is not in force as on last date of opening of tender (Envelope-I,
normally called as technical bid).
(ii) None of Proprietor /Partners /Board Members /Directors of M/s……………………… (Name
of firm) has remained Proprietor /Partner /Board Member /Director in any firm which stands
debarred /blacklisted/restrained by AAI/ MoCA/ DoE and the debarment/ blacklisting/
restrainment is not in force as on last date of opening of tender (Envelope-I, normally called
as technical bid).
(iii) Our firm understands that if our firm either debarred before the date of opening of tender
(first bid, normally called as technical bid, in case of two packet/two stage bidding) or
debarred before the date of contract by AAI/ MoCA/ DoE (Debarment applicable for all
Ministries/ Departments), our bid is liable to be rejected at that stage.
(iv) Our firm understands that at any stage, if above statements are found to be false, our firm
shall be liable for debarment from bidding in AAI, apart from any other appropriate
contractual legal action including debarment/ blacklisting/ restrainment, termination of the
contract etc. as deemed fit.
Date :
Place :
PR- 10
Annexure- III
AFFIDAVIT
DEPONENT
---------------------------------------------------------------------------------------------------
Note: This affidavit of valid date i.e. after publishing of tender is to be attested by
a First Class Magistrate / Notary Public on non-judicial stamp paper of
Rs.100/-.
PR- 11
Annexure- IV
To,
Sir,
3. That, in case of non-compliance of GST provisions and blockage of any input credit;
we shall be responsible to indemnify Airports Authority of India for the loss, if any,
incurred by AAI.
4. That all input credits related to this work will be passed on to Airports Authority of
India.
Yours faithfully,
Signature : …...…………………..
Name : ………...……………..
Designation : ……………...………..
Name of Agency :
…………………...…..
PR- 12
Annexure –V
I / we have gone through the tender documents and drawings in its entirety, visited the
site and have understood the nature of work to be executed.
I / we have submitted the details of T&P owned by us and undertake to procure or take
on lease the balance T&P for the work as per requirement of the work matching with the
work programme.
I / we will abide by any instructions by AAI for such procurement / arrangement of T&P
on lease as is considered necessary for efficient / timely execution of work.
Place:
PR- 13
Annexure-VI
UNDER TAKING
Date : ……………........
Place :…………………
Name….……………………………….
Address………………………………….
…………….……………………………..
…….……………………………………..
Mobile No…………………………….....
PR- 14
AIRPORTS AUTHORITY OF INDIA
ENGINEERING WING (CIVIL)
Bidders have to read the instructions to the bidders given in the e-tender portal of CPP and take immediate steps
to:
a) Tender Document: - The prospective bidder shall download the tender documents on-line from
CPP’s e-Procurement portal and upload digitally signed entire tender document on CPP e-tender
portal. Besides, whenever tenderer signatures are earmarked in the tender documents shall put his
signature and upload scan copies of the same.
b) Amendment to Tender Document: - At any time, prior to scheduled date of submission of bids,
AAI if it deems appropriate to revise any part of this tender or to issue additional date to clarify
the interpretation of provisions of this tender, it may issue addendum/corrigendum to this tender.
Any such Addendum/ Corrigendum shall be deemed to be incorporated by this reference into this
tender and binding on the bidders. Addendum/Corrigendum will be notified through CPP’s
Website/Portal only.
No correspondence shall be entertained from the tenderer after opening of tenders, other than asked by AAI
for any clarifications if required
AIRPORTS AUTHORITY OF INDIA
Instructions for Online Bid Submission
The bidders are required to submit soft copies of their bids electronically on the CPP Portal,
using valid Digital Signature Certificates. The instructions given below are meant to assist the
bidders in registering on the CPP Portal, prepare their bids in accordance with the requirements
and submitting their bids online on the CPP Portal.
More information useful for submitting online bids on the CPP Portal may be obtained at:
https://etenders.gov.in/eprocure/app.
REGISTRATION
1) Bidders are required to enroll on the e-Procurement module of the Central Public
Procurement Portal (URL: https://etenders.gov.in/eprocure/app) by clicking on the link
“Online bidderEnrollment” on the CPP Portal which is free of charge.
2) As part of the enrolment process, the bidders will be required to choose a unique username
and assign a password for their accounts.
3) Bidders are advised to register their valid email address and mobile numbers as part of the
registration process. These would be used for any communication from the CPP Portal.
4) Upon enrolment, the bidders will be required to register their valid Digital Signature
Certificate (Class II or Class III Certificates with signing key usage) issued by any
Certifying Authority recognized by CCA India (e.g. Sify / nCode / eMudhra etc.), with
their profile.
5) Only one valid DSC should be registered by a bidder. Please note that the bidders are
responsible to ensure that they do not lend their DSC’s to others which may lead to
misuse.
6) Bidder then logs in to the site through the secured log-in by entering their user ID /
password and the password of the DSC / e-Token.
1) There are various search options built in the CPP Portal, to facilitate bidders to search
active tenders by several parameters. These parameters could include Tender ID,
Organization Name, Location, Date, Value, etc. There is also an option of advanced search
for tenders, wherein the bidders may combine a number of search parameters such as
Organization Name, Form of Contract, Location, Date, Other keywords etc. to search for a
tender published on the CPP Portal.
2) Once the bidders have selected the tenders they are interested in, they may download the
required documents / tender schedules. These tenders can be moved to the respective ‘My
Tenders’ folder. This would enable the CPP Portal to intimate the bidders through SMS /
e-mail in case there is any corrigendum issued to the tender document.
PREPARATION OF BIDS
1) Bidder should take into account any corrigendum published on the tender document before
submitting their bids.
2) Please go through the tender advertisement and the tender document carefully to
understand the documents required to be submitted as part of the bid. Please note the
number of covers in which the bid documents have to be submitted, the number of
documents – including the names and content of each of the document that need to be
submitted. Any deviations from these may lead to rejection of the bid.
3) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the
tender document / schedule and generally, they can be in PDF / XLS / RAR / DWF/JPG
formats. Bid documents may be scanned with 100 dpi with black and white option which
helps in reducing size of the scanned document.
To avoid the time and effort required in uploading the same set of standard documents
which are required to be submitted as a part of every bid, a provision of uploading such
standard documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has
been provided to the bidders. Bidders can use “My Space” or ‘’Other Important
Documents’’ area available to them to upload such documentsand keep it as a repository
Note: My Documents space is only a repository given to the Bidders to ease the uploading
process. If Bidder has uploaded his Documents in My Documents space, this does not
automatically ensure these Documents being part of Technical Bid.
SUBMISSION OF BIDS
1) Bidder should log into the site well in advance for bid submission so that they can upload
the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any
delay due to other issues.
2) The bidder has to digitally sign and upload the required bid documents one by one as
indicated in the tender document.
3) Bidder has to select the payment option as “Pay online” to pay the tender fee / EMD as
applicable and enter details of the instrument.
4) Bidder has to click “Pay online” when bidder reach on desired page while online bid
submission. Click “Confirm to Pay” to proceed with the payment gateway. Verify that
the Tender fee and EMD shown are correct, as per tender document. Then, select the
payment option SBI MOPS and submit. Bidder has to check and follow the Terms and
Conditions, and then Submit. Bidder may choose the type of transaction and process for
payment. Once the Payment type is selected it navigates to the respective landing page.
i) Bidders with SBI account may click SBI option to proceed to its Net Banking
Page.
ii) Bidders may enter SBI net Banking user ID and Password and click on Login to
proceed.
iii) Before proceeding further bidder has to ensure sufficient balance in his account. After
checking the same, click Confirm button, to transfer payment. After account debit,
MOPS gateway will automatically re-direct to the e-Procurement System, with the
Success transaction.
iv) Bidder will receive bank response immediately by verifying the payment status, whether
Success or not. In case, payment was debited from account and further, Payment
Failure is shown, immediately contact the e-Procurement helpdesk, for resolution,
before tender closing time.
v) Please ensure that the Pay Online option is not shown after successful payment, for
confirmation. From here, Bidders may proceed with Encrypt and Upload to upload
tender documents, and further submission process.
b) Other Bankers :
i) Bidders with other account may click Other Bank option to proceed to SBI Net
Banking Page. Bidder may select the appropriate Bank from selection page.
ii) After selecting appropriate Bank, click Make Payment Button to proceed to its internet
banking page. Further steps may depend on the Bank Procedure.
iii) After, successful payment, system will direct you to payment confirmation page.
iv) Bidder will receive bank response immediately by verifying the payment status, whether
Success or Not. In case, payment was debited from account and further, Payment
Failure is shown, immediately contact the e-Procurement helpdesk, for resolution,
before tender closing time.
v) Please ensure that the Pay Online option is not shown after successful payment, as
below, for confirmation. From here, Bidders may proceed with Encrypt and Upload to
upload tender documents, and further submission process.
c) NEFT/RTGS :
i) Bidders may choose the type of transaction and proceed for payment.
ii) Please click the check the Box to proceed to the payment and click on the Confirm
Button.
iii) Before proceeding further bidder has to ensure sufficient balance in his account. After
checking the same, Click Confirm button, to transfer payment.
5) Bidders are requested to note that they should necessarily submit their financial bids in the
format provided and no other format is acceptable. If the price bid has been given as a
standard BOQ format with the tender document, then the same is to be downloaded and to
be filled by all the bidders. Bidders are required to download theBOQfile, open it and
complete the white coloured (unprotected) cells with their respective financial quotes and
other details (such as name of the bidder). No other cells should be changed. Once the
details have been completed, the bidder should save it and submit it online, without
changing the filename. If theBOQfile is found to be modified by the bidder, the bid will be
rejectedand EMD shall be forfeited.
6) The server time (which is displayed on the bidders’ dashboard) will be considered as the
standard time for referencing the deadlines for submission of the bids by the bidders,
opening of bids etc. The bidders should follow this time during bid submission.
7) All the documents being submitted by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed
by unauthorized persons until the time of bid opening. The confidentiality of the bids is
maintained using the secured Socket Layer 128 bit encryption technology. Data storage
encryption of sensitive fields is done. Any bid document that is uploaded to the server is
subjected to symmetric encryption using a system generated symmetric key. Further this
key is subjected to asymmetric encryption using buyers/bid opener’s public keys. Overall,
the uploaded tender documents become readable only after the tender opening by the
authorized bid openers.
8) The uploaded tender documents become readable only after the tender opening by the
authorized bid openers.
9) Upon the successful and timely submission of bids (i.e. after Clicking “Freeze
BidSubmission” in the portal), the portal will give a successful bid submission message &
a bid summary will be displayed with the bid no. and the date & time of submission of the
bid with all other relevant details.
10) The bid summary has to be printed and kept as an acknowledgement of the submissionof
the bid. This acknowledgement may be used as an entry pass for any bid opening
meetings.
ASSISTANCE TO BIDDERS
1) Any queries relating to the tender document and the terms and conditions contained
therein should be addressed to the Tender Inviting Authority for a tender or the relevant
contact person indicated in the tender.
2) Any queries relating to the process of online bid submission or queries relating to CPP
Portal in general may be directed to the 24x7 CPP Portal Helpdesk.
1) Item rate Tenders are invited through e-tendering portal on behalf of the Airports
Authority of India for the work of “ “Construction of New Terminal Building,
Apron Extension, Runway Extension and other associated works at LBSI
Airport, Varanasi. SH :Topographical Survey, Contour Maps, Quantity
Computation etc”” from the eligible contractors. The estimated cost of the work
is Rs. 16.00lakhs (excluding GST) with period of completion of 30days.
2) The Tenders shall be in the prescribed Form are invited in two bid system:
Bid Envelope-I: Tender processing fee, EMD, Technical Bid and Pre-qualification
Bid Envelope-II: Financial/Price Bid.
3) Not more than one Tender shall be submitted by a contractor or by a firm. No two
or more concerns in which an individual is interested, as Proprietor and/or partner
shall tender for the execution of the same works. If they do so, all such Tenders
shall be liable to be rejected.
5) 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 to be uploaded with the tender and it must disclose
that the firm is duly registered under the Indian Partnership Act, 1952.
7) Tenderers are advised to inspect and examine the site and its surroundings and
satisfy themselves before submitting their Tenders as to the nature of the ground &
sub-soil form the nature of the site, the means of access to the site, the
accommodation they may require, working conditions including space for stacking
of materials, rates of various materials to be incorporated in works.
10) All rates shall be quoted in the respective section in CPP e-tender portal (Price
Bid i.e. envelope– II). All rates shall be quoted Indian Rupees in the CPP portal
https://etenders.gov.in/eprocure/app.
11) Tenders shall be received through CPP e-tendering portal as mentioned in eNIT
and Envelope-I shall be opened on as mentioned in eNIT respectively for the
bidders who have submitted their bids.
12) The tenderer should study the complete tender document. In order to facilitate AAI
to prepare responses, the interested tenderers are requested to submit their
queries if any, in e-tender portal only, up till the stipulated date and time. The
tenderers queries will be replied through e-portal only.
b) The name and designation of the person or persons of the company who is
authorized to sign shall be clearly indicated in the Authority letter.
15) Notification of Award of contract will be made in writing to the successful bidder
by the Accepting Authority or his representative. The contract will normally be
awarded to the qualified and responsive Bidder offering lowest evaluated bid in
conformity with the requirements of the specifications and contract documents
and the Accepting Authority shall be the sole judge in this regard. The Accepting
Authority does not bind himself to accept the lowest or, any tender or to give any
reason for his decision. A responsive bidder is one who submits priced Tender
and accepts all terms and conditions of the specifications and contract
documents. A Tenderer shall submit a responsive bid, failing which his Tender
will be liable to be rejected.
16) The Accepting Authority does not bind itself to accept lowest or any tender and
reserves to himself the right of accepting the whole or any part of the Tender
and Tenderer shall be bound to perform the same at his quoted rates. No claim
whatsoever will be entertained on this account.
17) The Tenderer shall not be permitted to tender for works in Airports Authority of
India Engineering Department, responsible for award and execution of contracts,
in which his near relative is posted as Manager (Finance & Accounts) or Sr.
Officer or as an engineer in any capacity. 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 officer in Airports Authority of India.
Any breach of this condition by the contractor would render him liable to be
debarred from Tendering for next 2 years.
18) The contractors shall give a list of AAI employees related to him.
20) The Tender for the work shall remain open for acceptance for a period of Ninety
days (90) days from the date of opening of Price Bid (i.e. Envelope-II). If any
Tenderer withdraws his tender before the said period or makes any
modifications in the terms and conditions of the Tender which are not acceptable
to the Department, then Airports Authority of India shall without prejudice to any
22) A tenderer shall submit the tender which satisfies each and every condition laid
down in this notice failing which the Tender will be liable to be rejected. Also if
the credential submitted by the firm found to be incorrect or have some
discrepancy which disqualifies the firm then the AAI shall take the following
action:
(b) Debar the firm for minimum three years to tender for AAI in any name/style
apart from any other appropriate contractual/legal actions.
24) All tendered rates shall be inclusive of all taxes and levies payable under
respective statutes but exclusive of GST. GST shall be paid to the agency
against a valid Tax Invoice of concerned department. However, pursuant to
the Constitution (46th Amendment) Act. 1982, if any further tax or levy is
imposed by Statute, after the last stipulated date for the receipt of tender
including extensions if any and the contractor thereupon necessarily and
properly pays such taxes / levies, the contractor shall be reimbursed the amount
so paid, provided such payments, if any, is not, in the opinion of the Engineer-In-
Charge (whose decision shall be final and binding on the contractor) attributable
to delay in execution of work within the control of the contractor.
b) The contractor shall, within a period of 30 days of the imposition of any such
further tax or levy, pursuant to the Constitution (46th amendment) Act 1982,
give a written notice thereof to the Engineer-In-Charge that the same is
Tender for the present work shall be submitted online through CPP e-tendering
portal in two bids (i.e. Envelope I&II) system as detailed below:
i) Scanned copy of Tender Acceptance Letter on Bidder’s Letter head (as per
Annexure-I).
ii) Scanned copy of Permanent Account Number (PAN) and GST Registration
Number.
iii) Scanned copy of ‘Undertaking’ regarding Blacklisting / Debarment on Bidder’s
Letter Head (as per Annexure-II).
iv) Scanned copy of Form- A - details of similar works completed during last seven
with completion certificate issued by client.
v) Scanned copy of Form- B - Financial Information.
vi) Scanned copy of Form- C – Net Worth.
vii) Bidder shall submit scanned copy of ‘Undertaking’ on Company’s Letter Head that
I/ We will deploy sufficient plant and machinery as per the requirement of work in
consultation with the Engineer-in-Charge (E-I-C) to achieve the milestones/targets
and overall completion within the time period.
viii) Bidders other than propriety firm shall submit, scanned copy of Authorization
Letter/Power of Attorney along with copy of Certificate of Incorporation of the
Company under Companies Act showing CIN/LLPIN/Name of Directors of the
Company & Copy of Board Resolution regarding Authority to assign Power of
Attorney.
Proprietary firm shall submit scanned copy of Authorization Letter/Power of
Attorney only if the tender is processed by a person other than proprietor.
ix) Duly filled PQ Performa (As per Annexure-1A).
30) This notice of Tender shall form part of the contract documents. The successful
Tenderer/consultant, on acceptance of his Tender by the Accepting Authority,
shall within15days from the date of award of work, sign the contract consisting of
Notice inviting Tenders, Conditions of contract, drawings and specifications, or
any other tender conditions as issued at the time of invitation of Tender and
acceptance thereof with any correspondence leading thereto.
31) The tender for the work shall not be witnessed by a contractor or contractors who
himself / themselves has/have tendered or who may have tendered for the same
work. Failure to observe this condition would render tender of the contractor
tendering as well as witnessing the tender, liable to summarily rejection.
32) Tenderer are advised to inspect and examine the site and its surroundings before
submitting the tenders so as to access the nature of the work.
Signature:
Designation:
Date:
Address Date
2017
INDEX
2. Tender forms 3
v) Model Rules 82
GENERAL GUIDELINES
Airport:
(A) Tender for the work of: “Construction of New Terminal Building, Apron Extension, Runway
Extension and other associated works at LBSI Airport, Varanasi. SH :Topographical
Survey, Contour Maps, Quantity Computation etc”.
(i) To be submitted/uploaded upto hours on in NIC CPP Portal.
Issued to --------------------------------------------------------------------------------------- *
Signature of officer issuing documents --------------------------------------------------- *
Designation ------------------------------------------------------------------------------------ *
Date of issue ----------------------------------------------------------------------------------- *
TENDER
I/We have read and examined the notice inviting tender, schedule, A, B, C, D, E & F, Specifications
applicable, Drawings & Designs, General Rules and Directions, Conditions of Contract, Clauses of
contract, Special conditions, Schedule of Rates & other documents and Rules referred to in the
conditions of contract and all other contents in the tender document for the work.
I / We hereby tender for the execution of the work specified for the Chairman Airports Authority of
India within the time specified in Schedule 'F', viz., schedule of quantities and in accordance in all
respects with the referred to in Rule-1 of General Rules and Directions and in Clause 11 of the
Conditions of contract and with such material as are provided for, by and in respects in accordance
with, such conditions so far as applicable.
We agree to keep the tender open for Ninety (90) days from the date of opening of financial bid in 3/2
bid system and not to make any modifications in its terms and conditions.
I / We undertake and confirm that for eligibility of similar work(s) has / have not been got executed on
back to back basis through another contractor. Further that, if such a violation comes to the notice of
AAI, then I/We shall accept the decision of AAI if we are debarred for tendering in AAI in future
works. Also, if such a violation comes to the notice of AAI before date of start of work, the Engineer-
in-Charge shall be free to forfeit the entire amount of Earnest Money Deposit / Performance
Guarantee.
I / We further undertake and confirm that information/ documents submitted by us are genuine, and if
at any stage such documents/ information found false, then we shall be liable for debarment from
tendering in AAI, and any other appropriate legal action.
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 State.
(* To be deleted which are not applicable)
Occupation:
ACCEPTANCE
The above tender (as modified by you as provided in the letters mentioned hereunder) is accepted by
competent authority on behalf of the Chairman, Airports Authority of India for sum of Rs.
(Rupees ).
The letters referred to below shall form part of this contract Agreement:-
(i)
(ii)
(iii) (iii)
For & on behalf of Chairman, Airports
Authority of India
Signature----------------------
Designation--------------------
Date-----------------------------
1. General All work proposed for execution by contract are notified in a form of invitation to
Rules tender pasted in public places /NIC CPP Portal and signed by the officer inviting
& Directions tender or by publication in Newspapers and posted on AAI web-site and NIC
CPP Portal http://etenders.gov.inand www.aai.aero(for reference only).
This form will state the work to be carried out, as well as the date for submitting
and opening tenders and the time allowed for carrying out the work, also the
amount of earnest money to be deposited with the tender, and the amount of the
security deposit and Performance guarantee to be deposited by the successful
tenderer and the percentage, if any, to be deducted from bills. Copies of the
specifications, designs and drawings and any other documents required in
connection with the work signed for the purpose of identification by the officer
Inviting tender shall also be open for inspection by the contractor at the office
of Officer inviting tender during office hours.
2. In the event of the e-tender being submitted by a firm, it must be digitally signed.
Such tender will be treated as signed tender. For physical tender 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 to be produced with the tender, and it must
disclose that the firm is duly registered under the Indian Partnership Act, 1952.
2. (A) In case of the tender submitted by a Joint Venture / Consortium, a copy of joint
venture / consortium agreement in the specified proforma defining the lead
partner should be submitted. The lead partner shall sign all the documents in
respect of the works. The documents signed by any other person or firm other
than the lead partner shall not be entertained.
3. Receipts for payment made on account of work, when executed by a firm, must
also be signed by all the partners, except where 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 due authority to give
effectual receipts for the firm. Bank details shall be furnished by the firm through
an application duly signed by all partners for payment to the firm through bank
transfer.
4. Applicable Any person who submits a tender shall fill up the usual printed form, stating at
for item what rate he is willing to undertake each item of the work. Tenderers, which
Rate Tender propose any alteration in the work specified in the said form of invitation to
only. tender, or in the time allowed for carrying out the work, or which contain any
other conditions of any sort, including conditional rebates, will be summarily
rejected. No single tender shall include more than one work, but contractors who
wish to tender for two or more works shall submit separate tender for each.
Tender shall have the name and number of the works to which they refer, written
on the envelopes.
The rate(s) must be quoted in decimal coinage. Amount must be quoted in full
Rupees by ignoring 50 paise and considering more than 50 paise as Rupee one.
In case the lowest tendered amount (worked out on the basis of quoted rate of
Individual items) of two or more contractors is same, then such lowest
contractors will be asked to submit revised offer quoting rate of each item of the
schedule of quantity for all sub sections/sub heads as the case may be, but the
revised quoted rate of each item of schedule of quantity for all sub sections/sub
heads should not be higher than their respective original rate quoted already at the
time of submission of tender. The lowest tender shall be decided on the basis of
revised offer.
If the revised tendered amount (worked out on the basis of quoted rate of
individual items) of two or more contractors received in revised offer is again
found to be equal, then the lowest tender, among such contractors, shall be
decided by draw of lots in the presence of Jt. GM (Engg) / DGM (Engg) / AGM
(Engg) / Sr. Manager (Engg) in-Charge of major and minor component(s) work
and the lowest contractors those have quoted equal amount of their tenders.
In case of any such lowest contractor in his revised offer quotes rate of any item
more than their respective original rate quoted earlier at the time of submission of
tender, then such revised offer shall be treated invalid. Such case of revised offer
of the lowest contractor or case of refusal to submit revised offer by the lowest
contractor shall be treated as withdrawal of his tender before acceptance and 50%
of his earnest money shall be forfeited.
In case all the lowest contractors those have same tendered amount (as a result of
their quoted rate of individual items), refuse to submit revised offers, then tenders
are to be recalled after forfeiting 50% of EMD of each lowest contractors.
Contractor, whose earnest money is forfeited because of non-submission of
revised offer, or quoting higher revised rate(s) of any item(s) than their respective
original rate quoted already at the time of submission of his bid shall not be
allowed to participate in the retendering process of the work.
Note: Till the time software supports the above provisions, revised offers from
tenderers forming the tie shall be obtained and procedure prescribed for
“Restricted call of tenders” shall be adopted (fore-tenders).
4. (A) Applicable In case of Percentage Rate Tenders, tenderer shall fill up the usual printed form,
for stating at what percentage below/above (in figures as well as in words) the total
Percentage estimated cost given in Schedule of Quantities at Schedule-A, he will be willing
Rate Tender to execute the work. The tender submitted shall be treated as invalidif;
only. 1. The contractor dose not quote percentage above/below on the total amountof
tender or any section/sub-head of the tender.
2. The percentage above / below is not quoted in figures &words both on the
total amount of tender or any section / sub-head of thetender.
3. The percentage quoted above/below is different in figures and words onthe
total amount of tender or any section / sub-head of thetender.
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 including conditional rebates, will be
summarily rejected.
No single tender shall include more than one work, but contractors who wish to
tender for two or more works shall submit separate tender for each. Tender shall
have the name and number of the works to which they refer, written on the
envelopes.
In case the lowest tendered amount (estimated cost + amount worked on the basis
of percentage above/below) of two or more bidders is same, such lowest bidders
will be asked to submit revised offer in the form of letter mentioning percentage
above/ below on estimated cost of tender including all sub sections/sub heads as
the case may be, but the revised percentage quoted above / below on tendered
cost or on each sub section/ sub head should not be higher than the percentage
quoted at the time of submission of tender. The lowest tender shall be decided on
the basis of revised offers. In case any of such contractor refuses to submit
revised offer, then it shall be treated as withdrawal of his tender before
acceptance and 50% of earnest money shall be forfeited.
If the revised tendered amount of two more bidders received in revised offer is
again found to be equal , the lowest tender, among such bidders, shall be decided
by draw of lots in the presence of Jt. GM (Engg) / DGM (Engg) / AGM (Engg) /
Sr. Manager (Engg) in-Charge of work & the lowest bidders those who have
quoted equal amount of their tenders. In case all the lowest bidders those have
quoted same tendered amount, refuse to submit revised offers, then tenders are to
be recalled after forfeiting 50% of EMD of each bidder.
Bidders, whose earnest money is forfeited because of non-submission of revised
offer, shall not be allowed to participate in the re-tendering process of the work.
Note: Till the time software supports the above provisions, revised offers
from tenderers forming the tie shall be obtained and procedure prescribed
for “Restricted call of tenders” shall be adopted.
4. (B) In case the lowest tendered amount (estimated cost + amount worked on the basis
of percentage above/below) of two or more contractor is same, such lowest
contractor will be asked to submit sealed revised offer in the form of letter
mentioning percentage above/below on estimated cost of tender including all sub
section/sub heads as the case may be, but the revised percentage quoted
above/below on tendered cost or on each sub section /sub head should not be
higher than the percentage quoted at the time or submission of tender. The lowest
tender shall be decided on the basis of revised offers.
In case any of such contractor refuses to submit revised offer, then it shall be
treated as withdrawal of his tender before acceptance and 50% of earnest money
shall be forfeited.
If the revised tendered amount of two more contractors received in revised offers
is again found to be equal, the lowest tender, among such contractor, shall be
decided by draw of lots in the presence of Jt.GM (Engg) / DGM (Engg), AGM
(Engg) / Sr. Manager (Engg) in -Charge of major & minor component(s) of work
& the lowest bidders those who have quoted same tendered amount of their
tenders.
In case all the lowest contractors those have quoted same tendered amount, refuse
to submit revised offers, then tenders are to be recalled after forfeiting 50% of
EMD of each bidder.
Bidders, whose earnest money is forfeited because of non- submission of revised
offer, shall not be allowed to participate in the re-tendering process of the work.
5. The officer inviting tender or his duly authorized representative, will open tenders
in the presence of any intending bidders who may be present at the time, and will
enter the amounts of the several tenders in a comparative statement in a suitable
form. In the event of a tender being accepted, a receipt for the earnest money
shall thereupon be given to the contractor who shall thereupon for the purpose of
identification sign copies of the specifications and other documents mentioned in
Rule –I.
In the event of a tender being rejected, the earnest money shall thereupon be
returned to the contractor remitting the same, without any interest.
6. The officer inviting tenders shall have the right of rejecting all or any of the
tenders and will not be bound to accept the lowest or any other tender.
7. The receipt of an accountant or clerk for any money paid by the bidder towards
tender fee will not be considered as any acknowledgement or payment to the
officer inviting tender and the bidder shall be responsible for seeing that he
procures a receipt signed by the officer inviting tender or a duly authorised
cashier.
8. The memorandum of work tendered for and the schedule of materials to be
supplied by the department and their issue-rates, shall be filled and completed in
the office of the officer inviting tender before the tender form is issued. If a form
is issued to an intending bidder without having been so filled in and incomplete,
he shall request the officer to have this done before he completes and delivers his
tender.
9. The bidders shall sign a declaration under the officials Secret Act 1923, for
maintaining secrecy of the tender documents drawings or other records connected
with the work given to them. The unsuccessful bidders shall return all the
drawings given to them.
9(A). Use of correcting fluid anywhere in tender document is not permitted. Such
tender is liable for rejection. If there is any correction it should be cut with a
straight line and should be initialed and cello tape to be provided on all the rates
quoted in case of physical tenders.
10. Applicable In the case of Item Rate Tenders, only rates quoted shall be considered. Any
for Item tender containing percentage below / above the rates quoted is liable to be
Rate Tender rejected. Rates quoted by the bidder in item rate tender in figures and words shall
Only. be accurately filled in so that there is no discrepancy in the rates written in figures
and words. However,
i. If a discrepancy is found between rates in figures and in words, then the
rates which correspond with the amount worked out by the bidder shall
unless otherwise proved be taken as correct.
ii. If the amount of an item is not worked out by the bidder or it does not
correspond with the rates written either in figures or in words, then the
rates quoted by the contractor in words shall be taken as correct.
iii. Where the rates quoted by the bidder in figures and in words tally, but the
amount is not worked out correctly, the rates quoted by the contractor will
unless otherwise proved be taken as correct and not the amount.
iv. In event no rate has been quoted for any item(s) leaving space blank both
in figure(s) and word(s) or cancelled the quoted rate in figure(s), and
word(s) but the amount corresponding to the item(s) is worked out by the
bidder and added to the grand total, then rate(s) of the items(s) shall be
derived from the amount(s) quoted by the contractor against such item(s).
v. In event no rate has been quoted for any item(s), leaving space both in
figure(s), word(s), and amount blank, it will be presumed that the bidder
has included the cost of this/these item(s) in other items and rate for such
item(s) will be considered as zero and work will be required to be executed
accordingly.
vi. Sub Para i to iv above shall not be applicable in case of e-tendering.
Applicable In case of percentage Rate Tenders only percentage quoted shall be considered.
for Any tender containing item rates is liable to be rejected Percentage quoted by the
percentage bidder in percentage rate tender shall be accurately filled in figures and words, so
rate tender that there is no discrepancy.
only. However, if the bidder has worked out the amount of the tender and if any
discrepancy is found in the percentage quoted in words and figures,
i. The percentage which corresponds with the amount worked out by the
bidder shall, unless otherwise proved, be taken as correct.
ii. If the amount of the tender is not worked out by the bidder or it does not
correspond with the percentage written either in figures or in words, then
the percentage quoted by the bidder in words shall be taken as correct.
iii. Where the percentage quoted by the bidder in figures and in words tally but
the amount is not worked out correctly, the percentage quoted by the bidder
will, unless otherwise proved, be taken as correct and not the amount.
11. In the case of any tender where unit rate of any item / items appear unrealistic,
such tender will be considered as unbalanced and in case the tenderer is unable to
provide satisfactory explanation, such a tender is liable to be disqualified and
rejected.
12. Applicable All rates shall be quoted on the tender form. The amount for each item should be
for Item worked out and requisite totals given. Special care should be taken to write the
Rate Tender rates in figures as well as in words and the amount in figures only, in such a way
only. that interpolation is not possible. The total amount should be written both in
figures and in words. In case of figures, the word ‘Rs’ should be written before
the figure of rupees and word ‘P’ after the decimal figures, e.g. ‘Rs. 2.15 P’ and
in case of words, the word ‘Rupees’ should precede and the word ‘Paise’ should
be written at the end. Unless the rate is in whole rupees and followed by the word
‘only’ it should invariably be upto two decimal places. While quoting the rate in
schedule of quantities, the word ‘only’ should be written closely following the
amount and it should not be written in the next line.
12(A). Applicable In Percentage Rate Tender, the tenderer shall quote percentage below / above (in
for figures as well as in words) at which he will be willing to execute the work. He
percentage shall also work out the total amount of his offer and the same should be written in
rate tender figures as well as in words in such a way that no interpolation is possible. In case
only. of figures, the word ‘Rs’ should be written before the figure of rupees and work
‘P’ after the decimal figures, e.g. ‘Rs. 2.15 P’ and in case of words, the word
‘Rupees’ should precede and the word ‘Paise’ should be written at the end.
(quoting of rates in Paise is not applicable in e-tenders)
13 Acceptance Wherever the price of the lowest bidder is lower than the justified cost by more
of than 25%, lowest bid can be termed as Abnormally Low Quoted Bid (ALQB).
abnormally Processing of such bid shall be as follows:
low quoted i) The bid processing Manager shall seek from lowest bidder, a Bank
bid (Capital Guarantee amounting to 10% of the difference between 75% of the justified
& Revenue cost and the cost quoted by the bidder. This bank guarantee shall be termed
Expenditure as Quality Protection Bank Guarantee (QPBG) and shall be over and above
Contract) the normal bank guarantee and shall be valid up to the completion of the
work.
ii) The lowest bidder has to submit the QPBG within 10 days of issue of letter
from Bid Manager.
iii) On receipt of QPBG from the lowest bidder, the bid processing Manager
shall submit the case to the officer competent to accept the tender as per
delegation of powers.
iv) In case of Percentage Rate Tenders, QPBG shall be asked for 10% of the
difference between 75% of the justified cost and the corresponding cost
worked out on the basis of percentage quoted by lowest bidder.
v) This QPBG for any tender shall be a fixed amount as one time measure and
will not vary at any stage during the currency of the work or contract.
vi) The justified cost worked out by AAI shall be final and binding on the
contractor.
vii) In case of labour intensive ALQB like MESS, Annual Maintenance Contract
for supply of labourers, Operation & Maintenance Contract and other
similar works, contractor shall transfer / deposit salary of the individual
worker to their bank account which should be linked with AADHAR and a
statement is to be submitted to AAI along with each running and finalbill.
viii) In case the lowest bidder fails to submit QPBG within stipulated time, as
decided by Bid Manager or contractor does not transfer / deposit salary of
the individual worker to his / her bank account which should be linked with
AADHAR and do not submit statement to AAI as the case may be the
tender shall be rejected / foreclosed and EMD / SD collected till date shall
be forfeited.
ix) In case of non-execution / completion of the work, QPBG and EMD /SD
collected till date shall be forfeited.
ii. The bidder, whose tender is accepted, will also be required to furnish by way
of Security Deposit for the fulfillment of his contract, an amount equal to 5%
of the contract amount of the work.
iv. The Security deposit (under ii & iii above) will be collected by deductions
from the running bills of the contractor at the rates mentioned above and the
earnest money deposited at the time of tenders, will be treated as a part of the
Security Deposit.
16. 1. Rates to be quoted by the parties should be inclusive of all taxes, duties,
CESS, fee, royalty charges etc. levied under any statute but exclusive of GST
for all the items.
2. However GST, as applicable, shall be paid to the contractor, for any taxable
supply / services / construction rendered by the agency to AAI, against a valid
GST invoice as per terms and conditions of the contract.
17. The contractor/ bidder shall give a list of AAI employees related to him.
18. The tender for the work shall not be witnessed by a contractor or contractors /
bidders who himself / themselves has / have tendered or who may and has / have
tendered for the same work. Failure to observe this condition would render,
tenders of the contractors tendering, as well as witnessing the tender, liable to
summary rejection.
Note: In such case para 23 below may be deleted by NIT approving authority
23 If complete site is not available for taking up the work, the same shall be made
available in phases. The scope of work covered in each phase, time for
completion of work in each phase and methodology of taking over completed
work in phased manner has been specified under special conditions of contract.
The completion time for each phase shall be applicable as indicated in tender
documents. The work shall also be taken over by Engineer-In-Charge in phases.
The warranty for the works executed in each phase shall be applied independently
w.e.f. date of completion /taking over of individual phase.
Note: In such case para 22 above may be deleted by NIT approving authority
CONDITIONS OF CONTRACT
Definitions:
1. The contract means the documents forming the tender and acceptance thereof and
the formal agreement / agreements executed between the competent authority(s) on
behalf of the Chairman, Airports Authority of India and the Contractor, together
with the documents referred to therein including these conditions, the
specifications, designs, drawings and instructions issued from time to time by the
Engineer-in-Charge and all these documents taken together, shall be deemed to
form one contract / two contracts and shall be complimentary to one another.
Contractor has to sign two agreements, one consisting BOQ for Civil works and
another one for SITC and O&M /AMC / AICMC part. Engineer-in charge could be
common for both the agreements. Separate invoices for the civil /construction
works and SITC / O&M / AICMC / AMC works have to be raised by the agency
referring to the respective agreements to facilitate AAI to claim input tax credit on
such SITC / O&M / AICMC / AMC works as mentioned in Schedule 'F' para2(v).
2. In the contract, the following expressions shall, unless the context otherwise
requires, have the meanings, hereby respectively assigned to them :-
i. The expression works or work shall, unless there be something either in the
subject or context repugnant to such construction, be construed and taken to mean
the works by or by virtue of the contract contracted to be executed whether
temporary or permanent, and whether original, altered, substituted or additional.
ii. The site shall mean the land / or other places on, into or through which work is to
be executed under the contract or any adjacent land, path or street through which
work is to be executed under the contract or any adjacent land, path or street
which may be allotted or used for the purpose of carrying out the contract.
iii. The Contractor / tenderer / bidder shall mean the individual, firm or company
whether incorporated or not, Joint Venture / Consortium undertaking the works
and shall include the legal personal representative of such individual or the
persons constituting such firm or company, or the successors of such firm or
company and the permitted assignees of such individual, firm or company.
iv. The Chairman means the Chairman Airports Authority of India and his
Successors.
v. The Engineer-in-Charge means the Engineering Officer who shall supervise and
be in charge of the work and who shall sign the contract on behalf of the
Chairman, Airports Authority of India as mentioned in Schedule ‘F’ hereunder.
vi. AAI or Airports Authority of India shall mean the Chairman Airports Authority
of India.
vii. The terms Member (Planning) means the head of Department of Engineering,
Airports Authority of India.
viii. Accepting Authority shall mean the authority mentioned in Schedule‘F’.
ix. Excepted Risk are risks due to riots (other than those on account of contractor’s
employees), war (whether declared or not) invasion, act of foreign enemies,
hostilities, civil war, rebellion revolution, insurrection, terrorism, military or
usurped power, any acts of Airports Authority of India, damages from aircraft,
acts of God, such as earthquake, lightening and unprecedented floods, and other
causes over which the contractor has no control and accepted as such by the
Accepting Authority or causes solely due to use or occupation by Airports
Authority of India of the part of the works in respect of which a certificate of
completion has been issued or a cause solely due to Airports Authority of India’s
faulty design of works.
x. Market Rate shall be the rate as decided by the Engineer-in-Charge on the basis
of the prevailing cost of materials and labour at the site where the work is to be
executed plus the percentage mentioned in Schedule ‘F’ to cover, all overheads
and profits. Provided that no extra overheads and profits shall be payable on the
parts of works assigned to other agency(s) by the contractor as per terms of
contract.
A.A.I. C……I…….O……. Page 12
Conditions of Contract AIRPORTSAUTHORITYOFINDIA
8.2 If there are varying or conflicting provisions made in any one document forming
part of the contract, the Accepting Authority shall be the deciding authority with
regard to the intention of the document and his decision shall be final and binding
on the contractor.
8.3 Any error in description, quantity or rate in Schedule of Quantities or any
omission therefrom shall not vitiate the Contract or release the Contractor from
the execution of the whole or any part of the works comprised therein according
to drawings and specifications or from any of his obligations under the contract.
8.4 Payment for If the contractor has quoted different rates for the same item appearing in
similar items two or more subheads, then the lowest of the rates quoted shall only be
with different considered for payments during execution of work. In case of deviation of
quoted rates quantity of such item, payments shall be made at the lowest quoted rate for
in different quantity executed upto the deviation limit specified in the contract.
subheads of
Beyond the deviation limit the rate shall be derived as per relevant contract
the contract
agreement provision.
9. Reverse AAI may opt for reverse auction in case of purchase tender if value of supplies
Auction for put to tender is more than Rs.2Cr.
purchase
tenders
10. Signing of The successful tenderer / contractor, on acceptance of his tender by the Accepting
Contract Authority, shall, within 15 days from the stipulated date of start of the work, shall
sign either single or Two agreements , as the case may be, one consisting BOQ
for Civil works and another one for SITC and O&M / AMC / AICMC part.
i) i. The notice inviting tender, all the documents including drawings, if any,
forming the tender as issued at the time of invitation of tender and
acceptance thereof together with any correspondence leading thereto.
iii. No payment for the work done will be made unless contract in form of
agreement is signed by the contractor.
CLAUSES OF CONTRACT
CLAUSE 1
Performance This clause is applicable for the works for which the estimated cost put to tender
Guarantee is more than Rs.5 crores.
i. The contractor shall submit an irrevocable Performance Guarantee of 5% (Five
percent) of the Tendered amount in addition to other deposits mentioned
elsewhere in the contract for his proper performance of the contract
agreement, (not withstanding and/or without prejudice to any other
provisions in the contract) within period specified in Schedule ‘F’ from the
date of issue of award letter. This guarantee shall be in the form of Fixed
Deposit Receipts or Guarantee Bonds of any Scheduled bank but not Co-
operative or Gramine bank in accordance with the form annexed
hereto.(Appendix-XI) In case a fixed deposit receipts of any Bank is
furnished by the contractor to the AAI as part of the performance guarantee
and the Bank is unable to make payment against the said fixed deposit
receipts or Guarantee Bonds, the loss caused thereby shall fall on the
contractor and the contractor shall forthwith on demand furnish additional
security to make good the deficit.
ii Performance guarantee should be furnished within 30 days of issue of award
letter. In case the contractor fails to deposit performance guarantee within
the stipulated period, no payment will be released to the contractor for the
work done in respect of 1st running account bill. Moreover, interest @10%
per annum on performance guarantee amount would be levied (non-
refundable) for delayed period of submission.
iii. The Performance Guarantee shall be initially valid upto the stipulated date of
completion plus 180 days beyond that. In case the time for completion of
work gets enlarged, the contractor shall get the validity of Performance
Guarantee extended to cover such enlarged time for completion of work.
After recording of the completion certificate for the work by the competent
authority, the performance guarantee shall be returned to the contractor,
without any interest. However, in case of contracts involving maintenance of
buildings and services / any other work thereafter, 50% of Performance
Guarantee shall be retained as Security Deposit as per contract conditions.
The same shall be returned on successful completion of commitment year
wise proportionately.
iv. The Engineer-in-Charge shall not make a claim under the performance
guarantee except for amounts to which the AAI is entitled under the contract
(not withstanding and/or without prejudice to any other provisions in the
contract agreement) in the event of:
a. Failure by the contractor to extend the validity of the Performance
Guarantee as described herein above, in which event the Engineer-in-
Charge may claim the full amount of the Performance Guarantee.
b. Failure by the contractor to pay the Chairman, AAI any amount due,
either as agreed by the contractor or determined under any of the
Clauses / Conditions of the agreement, within 30 days of the service of
notice to this effect by Engineer-in-Charge.
v. In the event of the contract being determined or rescinded under provision of
any of the Clause/Condition of the agreement, the performance guarantee
shall stand forfeited in full and shall be absolutely at the disposal of the
Chairman, AAI.
CLAUSE 1 A
Recovery of The person/persons whose tender(s) may be accepted (hereinafter called the
Security contractor) shall permit AAI at the time of making any payment to him for work
Deposit done under the contract to deduct a sum at the rate of 5% of the gross amount of
each running and final bill till the sum deducted alongwith the sum already
deposited as earnest money, will amount to security deposit of 5% of the tendered
value of the work. Earnest money shall be adjusted first in the security deposit
and further recovery of security deposit shall commence only when the update
amount of security deposit starts exceeding the earnest money. Such deductions
will be made and held by way of Security Deposit unless he/they has/have
deposited the amount of Security at the rate mentioned above in the form of fixed
deposit receipts or guarantee bonds of any Scheduled Bank but not Co-operative
or Gramin Bank. In case a fixed deposit receipts or Guarantee Bonds of any Bank
is furnished by the contractor to the AAI as part of the security deposit and the
Bank is unable to make payment against the said fixed deposit receipt or
Guarantee Bond, the loss caused thereby shall fall on the contractor and the
contractor shall forthwith on demand furnish additional security to the AAI to
make good the deficit. In works where condition of submission of performance
guarantee is not applicable, the security deposit at the rate of 10% (Ten Percent)
of gross amount of each running bill shall be deducted instead of 5%, till the sum
along with the sum already deposited as earnest money will amount to security
deposit of 10% of the contract value of work. Other conditions shall remain same
as stated above. All compensations or the other sums of money payable by the
contractor under the terms of this contract may be deducted from, or paid by the
sale of a sufficient part of his security deposit or from the interest arising
therefrom, or from any sums which may be due to or may become due to the
contractor by AAI on any account whatsoever and in the event of his Security
Deposit being reduced by reason of any such deductions or sale as aforesaid, the
contractor shall within 10 days make good in fixed deposit receipts or Guarantee
Bonds tendered by the Scheduled Banks (but not any Co-operative or Gramin
bank) (if deposited for more than 12 months) endorsed in favour of the Airports
Authority of India, any sum or sums which may have been deducted from, or
raised by sale of his security deposit or any part thereof. The security deposit
shall be collected from the running bills of the contractor at the rates mentioned
above and the Earnest money deposited at the time of tenders will be treated as
part of the Security Deposit. The security deposit as deducted above can be
released against bank guarantee issued by any Scheduled Bank (but not from Co-
operative / Gramin Bank), on its accumulations to a minimum of Rs. 5 lakh
subject to the condition that amount of such bank guarantee, except last one, shall
not be less than Rs. 5lakh.
Note 1: Provided further that the validity of Bank Guarantee including the one
given against the earnest money shall be in conformity with provisions contained
in the clause 17 which shall be extended from time to time depending upon
extension of contract under provision of Clause 2 & Clause 5.
Note 2: Note 1 above shall be applicable for both clause 1 and 1 A.
Clause 2
AIRPORTSAUTHORITYOFINDIA
Compensation If the contractor fails to maintain the required progress in terms of clause 5 or to
for Delay complete the Work and clear the site on or before the contract or justified
extended date of completion as per clause 5(excluding any extension under clause
5.5) as well as any extension granted under clause 12 and 15, he shall, without
prejudice to any other right or remedy available under the law to the AAI on
account of such breach, pay as compensation the amount calculated at the rates
stipulated below as the authority specified in schedule ‘F’ may decide on the
amount of Tendered Value of the work for every completed day/month (as
determined) that the progress remains below that specified in Clause 5 or that the
work remains incomplete. This will also apply to items or group of items for
which a separate period of completion has been specified.
i) Compensation for delay If the completion of work is delayed due to
of work reasons attributed to contractor, AAI shall be
entitled for compensation for delay as detailed
below:
Provided always that the total amount of compensation for delay to be paid under
this condition shall not exceed 10% of the Tendered Value of work or of the
Tendered Value of the Sectional part of work as mentioned in schedule ‘F’ for
which a separate period of completion is originally given.
In case no compensation has been decided by the authority in Schedule ‘F’ during
the progress of work, this shall be no waiver of right to levy compensation by the
said authority if the work remains incomplete on final justified extended date of
completion. If the Engineer in Charge decides to give further extension of time
allowing performance of work beyond the justified extended date, the contractor
shall be liable to pay compensation for such extended period. If any variation in
amount of contract takes place during such extended period beyond justified
extended date and the contractor becomes entitled to additional time under clause
12, the net period for such variation shall be accounted for while deciding the
period for levy of compensation. However, during such further extended period
beyond the justified extended period, if any delay occurs by events under
sub clause 5.2, the contractor shall be liable to pay compensation for such
delay.
Provided that compensation during the progress of work beyond the justified
extended date of completion for delay under this clause shall be for non-
achievement of sectional completion or part handing over of work on stipulated /
justified extended date for such part work or if delay affects any other works /
services. This is without prejudice to right of action by Engineer-in- Charge under
clause 3 for delay in performance and claim of compensation under that clause.
In case action under clause 2 has not been finalized and the work has been
determined under clause 3, the right of action under this clause shall remain post
determination of contract but levy of compensation shall be for days the progress
is behind the schedule on date of determination, as assessed by the authority in
schedule ‘F’, after due consideration of justified extension. The compensation for
delay, if not decided before the determination of contract, shall be decided after
of determination of contract.
The amount of compensation may be adjusted or set-off against any sum payable
to the’ Contractor under this or any other contract with AAI. In case, the
contractor does not achieve a particular milestone mentioned in schedule F, or the
re-scheduled milestone(s) in terms of Clause 5.4, the amount shown against that
milestone shall be withheld, to be adjusted against the compensation levied as
above. With-holding of this amount on failure to achieve a milestone, shall be
automatic without any notice to the contractor. However, if the contractor catches
up with the progress of work on the subsequent milestone(s), the withheld
amount shall be released. In case the contractor fails to make up for the delay in
subsequent milestone(s), amount mentioned against each milestone missed
subsequently also shall be withheld. However, no interest, whatsoever, shall be
payable on such withheld amount.
Clause2A
Incentive for In case, the contractor completes the work ahead of stipulated date of completion,
early a bonus @ 1 % (one per cent) of the tendered value per month computed on per
completion day basis, shall be payable to the contractor, subject to a maximum limit of 5%
(five per cent) of the tendered value. The amount of bonus, if payable, shall be
paid along with final bill after completion of work. Provided always that
provision of the Clause 2A shall be applicable only when so provided in
‘Schedule F’. This clause shall be applicable for the work which estimated cost
puttotenderisRs.50.00Cr.andaboveforpavementworkandRs.100.00Cr.
and above for building work.
Clause2B
Release of Withheld amount towards compensation for delay over and above Rs. 50.00 lacs,
withheld can be released against Bank Guarantee (on the format given at Appendix-1) or in
amount against the form of fixed deposit receipts or guarantee bonds of any Scheduled Bank but
compensation not Co-operative or Gramin Bank, pending finalization of case of extension of
for delay. time by competent authority as per delegation of powers. Concerned Executive
Director (Engg) will authorize such action on receipt of proposal from the
Engineer-In-Charge through proper channel.
Clause 3
When Contract Subject to other provisions contained in this clause, the Engineer-in-Charge may,
can be without prejudice to his any other rights or remedy against the contractor in
Determined respect of any delay, inferior workmanship, any claims for damages and / or
any other provisions of this contract or otherwise, and whether the date of
completion has or has not elapsed, by notice in writing absolutely determine the
contract in
A.A.I. C……I…….O……. Page 18
Clauses of Contract AIRPORTSAUTHORITYOFINDIA
CLAUSE 3 A
In case, the work cannot be started due to reasons not within the control of the
contractor within 1/8th of the stipulated time for completion of work or one
month whichever is higher, either party may close the contract by giving notice to
the other party stating the reasons. In such eventuality, the Earnest Money
Deposit and the Performance Guarantee of the contractor shall be refunded within
30days.
Neither party shall claim any compensation for such eventuality. This clause is
not applicable for any breach of the contract by either party.
CLAUSE 3 B
Debarment of (i) Contractor may be debarred if it is determined under breached the
Contractor Integrity Pact of clause 41(a) and Code of Integrity of clause 41(b).
(ii) Contractor can also be debarred for the reasons like supply of sub-
standard material, non-supply of material, abandonment of work,
sub-standard quality of work, poor/ unsatisfactory performance.
(iii) The period of debarment shall be upto two years.
CLAUSE4
AIRPORTSAUTHORITYOFINDIA
Contractor In any case in which any of the powers conferred upon the Engineer-in-Charge
liable to pay by Clause-3 thereof, shall have become exercisable and the same are not
compensation exercised, the non-exercise thereof shall not constitute a waiver of any of the
even if action conditions hereof and such powers shall notwithstanding be exercisable in the
not taken under event of any future case of default by the contractor and the liability of the
Clause-3 contractor for compensation shall remain unaffected. In the event of the Engineer-
in-Charge putting in force all or any of the powers vested in him under the
preceding clause he may, if he so desires after giving a notice in writing to the
contractor, take possession of (or at the sole discretion of the Engineer-in-Charge
which shall be final and binding on the contractor) use as on hire (the amount of
the hire money being also in the final determination of the Engineer-in-Charge)
all or any tools, plant, materials and stores, in or upon the works, or the site
thereof belonging to the contractor, or procured by the contractor 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 the case of these not being
applicable, at current market rates to be certified by the Engineer-in-Charge,
whose certificate thereof shall be final, and binding on the contractor, clerk of the
works, foreman or other authorised agent to remove such tools, plant, materials,
or stores from the premises (within a time to be specified in such notice) in the
event of the contractor failing to comply with any such requisition, the Engineer-
in-Charge may remove them at the contractor’s expense or sell them by auction
or private sale on account of the contractor and his risk in all respects and the
certificateoftheEngineer-in-Chargeastotheexpensesofanysuchremovaland
the amount of the proceeds and expenses of any such sale shall be final and
conclusive against the contractor.
CLAUSE5
Time and The time allowed for execution of the Works as specified in the Schedule ‘F’ or
Extension for the extended time in accordance with these conditions shall be the essence of the
Delay Contract. The execution of the works shall commence from such time period as
mentioned in schedule ‘F’ or from the date of handing over of the site whichever
is later. If the Contractor commits default in commencing the execution of the
work as aforesaid, AAI shall without prejudice to any other right or remedy
available in law, be at liberty to forfeit the earnest money & performance
guarantee absolutely.
5.1 After the Contract is awarded, within 15 days, the Contractor shall submit a
Time and Progress Chart for each mile stone and get it approved by the
Engineer-in-charge. The Chart shall be prepared in direct relation to the time
stated in the Contract documents for completion of items of the works. It shall
indicate the forecast of the dates of commencement and completion of various
trades of sections of the work and may be amended as necessary by agreement
between the Engineer-in-Charge and the Contractor within the limitations of
time imposed in the contract documents, and further to ensure good progress
during the execution of the work, the contractor shall in all cases in which the
time allowed for any work, exceeds one month (save for special jobs for which a
separate programme has been agreed upon) complete the work as per mile
stones given in Schedule ‘F’.
Project Management shall be done.
a. For works costing upto Rs. 5.00 Cr. -- CPM/ PERT Chart
b. Works costing more than Rs. 5.00 Cr. -- By using Project Management
Software like Primavera /MS
Project or any other software
with the approval of
Engineer-in-charge.
c. Contractor shall submit monthly progress reports (2 copies)
highlighting status of various activities and physical completion of
work.
PROGRAMME CHART
iii. If at any time, it appears to the Engineer-in-Charge that the actual progress of
work does not conform to the approved programme referred above or after
rescheduling of milestones, the contractor shall produce a revised
programme within 7 (seven) days, showing the modifications to the
approved programme to ensure timely completion of the work. The modified
schedule of programme shall be approved by the Engineer in Charge. A
recovery of Rs. 2500/- (for works costing upto Rs.5.00 Crores) / Rs. 5000/-
(for works costing more than Rs.5.00 Crores) shall be made on per day basis
in case of delay in submission of the modified programme.
iv. The submission for approval by the Engineer-in-Charge of such programme
or such particulars shall not relieve the contractor of any of the duties or
responsibilities under the contract. This is without prejudice to the right of
Engineer-in-Charge to take action against the contractor as per terms and
conditions of the agreement.
v. The contractor shall submit the progress report using MS Project / Primavera
software with base line programme referred above for the work done during
previous month to the Engineer-in-charge on or before 5th day of each
month failing which a recovery Rs. 2500/ - (for works costing upto Rs.5.00
Crores) / Rs. 5000/- (for works costing more than Rs.5.00 Crores) shall be
made on per day basis in case of delay in submission of the monthly
A.A.I. C……I…….O……. Page 22
Clauses of Contract AIRPORTSAUTHORITYOFINDIA
progress report.
5.2 If the work(s) be delayed by:-
i. Force majeure, or an act of terrorism
ii. Abnormally bad weather, or
iii. Serious loss or damage by fire, or
iv. Civil commotion, local commotion of workmen, strike or lockout, affecting
any of the trades employed on the work, or
v. Delay on the part of other contractors or tradesmen engaged by Engineer-in-
Charge for executing work not forming part of the Contract, or
vi. Non-availability of stores, which are the responsibility of AAI to supply or
vii. Non-availability or break down of tools and Plant to be supplied or supplied
by AAI or
viii. Any other cause which, in the absolute discretion of the Engineer-in-Charge
is beyond the Contractor’s control.
then upon the happening of any such event causing delay, the contractor
shall immediately give notice thereof in writing to the Engineer-in-Charge
but shall nevertheless use constantly his best endeavors to prevent or make
good the delay and shall do all that may be reasonably required to the
satisfaction of the Engineer-in-charge to proceed with the works.
All correspondence with the agency and concerned stakeholders during
execution of works will be taken into consideration for evaluation of
hindrances causing delay, for grant of extension of time by the Competent
Authority.
5.3 Request for rescheduling of Milestones and extension of time, to be eligible for
consideration, shall be made by the contractor in writing within fourteen days of
the happening of the event causing delay on the prescribed form to the authority
indicated in schedule ‘F’. The contractor may also, if practicable, indicate in
such a request the period for which extension is desired.
5.4 In any such case the Engineer-in-Charge with the approval of authority indicated
in Schedule ‘F’ may give a fair and reasonable extension of time and reschedule
the Milestones for completion of work. Such extension or re- scheduling of the
milestone shall be communicated to the contractor by the Engineer-in-charge in
writing, within 1 month or 4 weeks of the date of receipt of such request
respectively. Non-application by the contractor for extension of time / re-
scheduling of milestones shall not be a bar for giving a fair and reasonable
extension / re-scheduling of milestones by the Engineer-in-charge with the
approval of authority indicated in schedule ‘F’ and this shall be binding on the
contractor.
CLAUSE 6
Measurements Engineer-in-charge shall, except as otherwise provided, ascertain and determine
of Work by measurement, the value in accordance with the contract of work done.
Done All measurement of all items having financial value shall be entered in
Measurement Book and/or level field book so that a complete record is obtained
of all works performed under the contract.
All measurements and levels shall be taken jointly by the Engineer-in-Charge or
his authorised representative and by the contractor or his authorised
representative from time to time during the progress of the work and such
measurements shall be signed and dated by the Engineer-in-Charge and the
contractor or their representatives in token of their acceptance. If the contractor
objects to any of the measurements recorded, a note shall be made to that effect
with reason and signed by both the parties.
If for any reason the contractor or his authorised representative is not available
and the work of recording measurements is suspended by the Engineer-in-
Clause 6 A
Computerize Computerized measurement is mandatory for works costing more than Rs 5.00
d Lacs. However in case of works costing lesser than Rs. 5.00 Lacs Engineer-in-
Measurement Charge may decide for adopting computerized measurement if required, except
Book as otherwise provided, ascertain and determine by measurement the value of
work done in accordance with the contract. All measurements of all items
having financial value shall be entered by the contractor and compiled in the
shape of the Computerized Measurement Book having pages ofA-4 size as per
the format of the department so that a complete record is obtained of all the
items of works performed under the contract.
All such measurements and levels recorded by the contractor or his authorised
representative from time to time, during the progress of the work, shall be got
checked by the contractor from the Engineer-in-Charge or his authorised
representative as per interval or program fixed in consultation with Engineer-in-
Charge or his authorised representative. After the necessary corrections made by
the Engineer-in- Charge, the measurement sheets shall be returned to the
contractor for incorporating the corrections and for resubmission to the
Engineer-in-Charge for the dated signatures by the Engineer-in-Charge and the
contractor or their representatives in token of their acceptance.
Whenever bill is due for payment, the contractor would initially submit draft
computerized measurement sheets and these measurements would be got
checked/test checked from the Engineer-in-Charge and/or his authorized
representative. The contractor will, thereafter, incorporate such changes as may
be done during these checks/test checks in his draft computerized
measurements, and submit to the department a computerized measurement book,
duly bound, and with its pages machine numbered. The Engineer-in-Charge
and/or his authorised representative would thereafter check this MB, and record
the necessary certificates for their checks / test checks.
The final, fair, computerized measurement book given by the contractor, duly
bound, with its pages machine numbered, should be 100% correct, and no
cutting or overwriting in the measurements would thereafter be allowed. If at all
any error is noticed, the contractor shall have to submit a fresh computerized
MB with its pages duly machine numbered and bound, after getting the earlier
MB cancelled by the department. Thereafter, the MB shall be taken in the
records of Engineer-in-charge, and allotted a number as per the Register of
Computerized MBs. This should be done before the corresponding bill is
submitted to the Engineer-in-charge for payment. The contractor shall submit
two spare copies of such computerized MB’s for the purpose of reference and
record by the various officers of the department.
The contractor shall also submit to the department separately his computerized
Abstract of Cost and the bill based on these measurements, duly bound, and its
pages machine numbered along with two spare copies of the “bill. Thereafter,
this bill will be processed by the Engineer-in-charge and allotted a number as
per the computerized record in the same way as done for the measurement book
meant for measurements.
The contractor shall, without extra charge, provide all assistance with every
appliance, labour and other things necessary for checking of measurements /
levels by the Engineer-in-charge or his representative.
Except where any general or detailed description of the work expressly shows to
the contrary, measurements shall be taken in accordance with the procedure set
forth in the specifications notwithstanding any provision in the relevant
Standard Method of measurement or any general of local custom. In the case of
item which are not covered by specifications, measurements shall be taken in
accordance with the relevant standard method of measurement issued by the
Bureau of Indian Standards and if for any item no such standard is available
then a mutually agreed method shall be followed.
The contractor shall give not less than seven days’ notice to the Engineer-in-
Charge or his authorized representative of the work before covering up or
otherwise placing beyond the reach of checking and / or test checking the
measurement of any work in order that the same be checked and / or test
checked and correct dimensions thereof be taken before the same is covered up
or placed beyond the reach of checking and / or test checking measurement and
shall not cover up and place beyond reach of measurement any work without
CLAUSE 7
Payment on No payment shall be made for work, estimated to cost Rs. One lac or less till
Intermediate after the whole of the work shall have been completed and certificate of
Certificate to be completion given. For works estimated to cost over Rs. One lac, the interim or
regarded as running account bills shall be submitted by the contractor for the work executed
Advances on the basis of such recorded measurements on the format of the Department in
triplicate on or before the date of every month fixed for the same by the
Engineer-in-Charge. The contractor shall not be entitled to be paid any such
interim payment if the gross work done together with net payment/ adjustment
of advances for material collected, if any, since the last such payment is less
than the amount specified in Schedule ‘F’, in which case the interim bill shall be
prepared on the appointed date of the month after the requisite progress is
achieved. Engineer-in- Charge shall arrange to have the bill verified by taking or
causing to be taken, where necessary, the requisite measurements of the work.
In the event of the failure of the contractor to submit the bills, Engineer-in-
Charge shall prepare or cause to be prepared such bills in which event no claims
whatsoever due to delays on payment including that of interest shall be payable
to the contractor. Payment on account of amount admissible shall be made by
the Engineer-in-Charge certifying the sum to which the contractor is considered
entitled by way of interim payment at such rates as decided by the Engineer-in-
Charge. The amount admissible shall be paid by 10th working day after the day
of presentation of the bill by the Contractor to the Engineer-in-Charge or his
Asstt. Manager / Manager (Engg.) together with the account of the material
issued by the department, or dismantled materials, if any. In the case of works
outside the headquarters of the Engineer- in-Charge, the period of ten working
days will be extended to fifteen working days.
All such interim payments shall be regarded as payment by way of advances
against final payment only and shall not preclude the requiring of bad, unsound
and imperfect or unskilled work to be rejected, removed, taken away and
reconstructed or re-erected. Any certificate given by the Engineer-in-charge
relating to the work done or materials delivered forming part of such payment,
may be modified or corrected by any subsequent such certificate(s) or by the
final certificate and shall not by itself be conclusive evidence that any work or
materials to which it relates is are in accordance with the contract and
specifications. Any such interim payment, or any part thereof shall not in any
respect conclude, determine of affect in any way powers of the Engineer-in-
charge under the contract or any of such payments be treated as final settlement
and adjustment of accounts or in any way vary or affect the contract.
Pending consideration or extension of date of completion, interim payments
shall continue to be made as herein provided without prejudice to the right of the
department to take action under the terms of this contract for delay in the
completion of work, if the extension of date of completion is not granted by the
competent authority.
The Engineer-in-Charge in his sole discretion on the basis of a certificate from
the Asstt Manager / Manager (Engg) to the effect that the work has been
completed up to the level in question make interim advance payments without
detailed measurements for work done (other than foundations, items to be
covered under finishing items) up to lintel level (including sunshade etc.) and
slab level, for each floor working out at 75% of the assessed value. The advance
payments so allowed shall be adjusted in the subsequent interim bill by taking
detailed measurements thereof.
CLAUSE 8
Completion Within ten days of the completion of the work, the contractor shall give notice
Certificate and of such completion to the Engineer-in-Charge and within thirty days of the
Completion receipt of such notice, the Engineer-in-Charge shall inspect the work and if there
Plans is no defect in the work, shall furnish the contractor with a final certificate of
completion, otherwise a provisional certificate of physical completion indicating
defects (a) to be rectified by the contractor and/or (b) for which payment will be
made at reduced rates, shall be issued. But no final certificate of completion
shall be issued, nor shall the work be considered to be complete for ‘Civil
Construction Works’ until the contractor shall have removed from the premises
on which the work shall be executed all scaffolding, surplus materials, rubbish
and all huts and sanitary arrangements required for his/their work people on the
site in connection with the execution of the works as shall have been erected or
constructed by the contractor(s) and cleaned off the dirt from all wood work,
doors, windows, walls, floor or other parts of the building, in, upon, or about
which the work is to be executed or of which he may have had possession for
the purpose of the execution; thereof, and not until the work shall have been
measured by the Engineer-in-charge. If the contractor shall fail to comply with
the requirements of this Clause as to removal of scaffolding, surplus materials
and rubbish and all huts and sanitary arrangement as aforesaid and cleaning off
dirt on or before the date fixed for the completion of work, the Engineer-in-
charge may at the expense of the contractor remove such scaffolding, surplus
materials and rubbish etc., and dispose of the same as he thinks fit and clean off
such dirt as aforesaid, and the contractor shall have no claim in respect of
scaffolding or surplus materials as aforesaid except for any sum actually realized
by the sale thereof.
a. For electrical and mechanical capital works: The contractor shall remove the
rubbish from the site. Following conditions must be met before recording
completion certificate:
Submits completion plan, maintenance manual, manufactures catalogue
and gives performance test for system.
b. For repair works: The performance of the repaired system has been tested
and found satisfactory.
c. For AMC work: The system has been tested for its performance /
completeness and taken over by AAI/next agency for operation and
maintenance.
CLAUSE 8A
Contractor to When the annual repairs and maintenance of works are carried out, the splashes
keep site clean and droppings from white washing colour washing, painting etc., on walls, floor,
windows etc. shall be removed and the surface cleaned simultaneously with the
completion of these items of work in the individual rooms, quarters or premises
etc.
Where the work is done without waiting for the actual completion of all the
other items of work in the contract, in case the contractor fails to comply with
the requirements of this clause, the Engineer-in-charge shall have the right to get
this work done at the cost of the contractor either departmentally or through any
other agency. Before taking such action, the Engineer-in-charge shall give ten
days notice in writing to the contractor.
CLAUSE 8B
Completion The contractor shall submit completion plan as required vide General
Plans to be Specifications for Electrical works (Part-I internal) 2013 and (Part -II External)
Submitted by 1994 or latest available specifications, as applicable within thirty days of the
the Contractor completion of the work.
The contractor shall submit completion plan for building works, all services, and
obtain occupancy certificate from local bodies on the basis of completion
drawings within a period of 30 days from the date of completion.
The contractor shall also submit catalogues of all equipment’s and maintenance
manual for the complete E & M systems. If contractor fails to submit
completion plans of all works, he shall be liable to pay compensation @ 0.5% of
the tendered value of works costing up to Rs. 5 Crores subject to maximum of
Rs. 1.00 Lac and 0.25% for works costing more than Rs. 5 crores subject to
maximum of Rs. 1.5.Lac. The decision of Project-in-charge in this regard shall
be final and binding on the contractor.
.
CLAUSE 9
Payment of The corrected final bill shall be submitted by the contractor in the same manner
final bill asspecifiedininterimbillswithinthreemonthsofphysicalcompletionofthe work or
within one month of the date of the final certificate of completion
furnished by the Engineer-in-charge whichever is earlier. No further claims shall
be made by the contractor after submission of the final bill and these shall be
deemed to have been waived and extinguished. Payments of those items of the
bill in respect of which there is no dispute and of items in dispute, for quantities
and rates as approved by Engineer-in- charge, will, as far as possible be made
within the period specified herein under, the period being reckoned from the
date of receipt of the bill by the Engineer-in charge or his authorised Asstt.
Manager / Manager (Engg.), complete with account of materials issued by the
Department and dismantled materials.
Sl. Value of work Time limit
1 If the Tendered value of work is up to Rs. 50 2 months
lac
2 If the Tendered value of work is more than 3 months
Rs.50 lac and up to Rs. 2.5 Crore:
3 If the Tendered value of work exceeds Rs. 6 months
2.5 Crore:
In case of delay in payment of final bills after prescribed time limit, a simple
interest @ 5% per annum shall be paid to the contractor from the date of expiry
of prescribed time limit which will be compounded on yearly basis, provided the
final bill submitted by the contractor found to be in order.
The Final bill shall be prepared for all bidders for all tendered items
(excluding Extra Items based on market rate) and payment shall be made on the
basis of lower of all the bidders.
CLAUSE 9 A
Payment of Payments due to the contractor and refund of various nature may, if so desired
contractor’s by him and wherever possible in banks be made through electronic payment
bills to Banks mechanism instead of direct to him, provided that the contractor furnishes to the
Engineer-in-Charge.
i. Informations as per proforma attached.
ii. An authorization in the form of a legally valid document such as power of
attorney conferring authority on the bank to receive payments and
iii. His own acceptance of the correctness of the amount made out as being
due to him by Authority or his signature on the bill or other claim preferred
against Authority before settlement by the Engineer-in-charge of the account
or claim by payment to the bank. While the receipt given by such banks
shall constitute a full and sufficient discharge for the payment, the contractor
shall whenever possible present his bills duly receipted and discharged
through his bank.
Nothing herein contained shall operate to create in favour of the bank any rights
or equities vis-à-vis the Airports Authority of India.
CLAUSE 10
Materials Materials which Authority will supply are shown in Schedule ‘B’ which also
supplied by stipulates quantum, place of issue and rate(s) to be charged in respect thereof.
Authority The contractor shall be bound to procure them from the Engineer-in-charge.
As soon as the work is awarded, the contractor shall finalise the programme for
the completion of work as per clause 5 of this contract and shall give his
estimates of materials required on the basis of drawings/ or schedule of
quantities of the work. The contractor shall give in writing his requirement to the
Engineer-in-charge, which shall be issued to him keeping in view the progress
of work as assessed by the Engineer-in- Charge in accordance with the agreed
phased programme of work indicating monthly requirements of various
materials. The contractor shall place his indent in writing for issue of such
materials at least 7 days in advance of his requirement.
Such materials shall be supplied for the purpose of the contract only and the
value of the materials so supplied at the rates specified in the aforesaid schedule
shall be set off or deducted, as and when materials are consumed in items of
work (including normal wastage) for which payment is being made to the
contractor, form any sum then due or which may therefore become due to the
contractor under the contract or otherwise or from the security deposit. At the
time of submission of bills, the contractor shall certify that balance of materials
supplied is available at site in original good condition.
The contractor shall submit along with every running bill (on account or interim
bill) material-wise reconciliation statements supported by complete calculations
CLAUSE 10 A
AIRPORTSAUTHORITYOFINDIA
Materials to be 1. The contractor shall, at his own expense, provide all materials, required for
provided by the the works other than those which are stipulated to be supplied by the
contractor Authority.
and Mandatory 2. The contractor shall, at his own expense and without delay; supply to the
Tests Engineer in- charge samples of materials to be used on the work and shall
get these approved in advance. All such materials to be provided by the
contractor shall be in conformity with the specifications laid down or
referred to in the contract. The contractor shall, if requested by the
Engineer-in-charge furnish proof, to the satisfaction of the Engineer-in-
charge that the materials so comply. The Engineer-in-charge shall within
thirty days of supply of samples or within such further period as he may
require intimate to the Contractor in writing whether samples are approved
by him or not. If samples are not approved, the Contractor shall forthwith
arrange to supply to the Engineer-in charge for his approval, fresh samples
complying with the specifications laid down in the contract. When
materials are required to be tested in accordance with specifications,
approval of the Engineer-in-charge shall be issued after the test results are
received.
3. The contractor shall at his risk and cost submit the samples of materials to
be tested or analyzed and shall not make use of or incorporate in the work
any materials represented by the samples until the required tests or analysis
have been made and materials finally accepted by the Engineer-in-charge.
4. If any additional tests apart from mandatory tests specified in the contract
are required to be carried out at the instance of AAI or any other advisory
body, to ensure conformity of the item to the contract specifications, the
cost of such tests shall be borne by AAI. In case the material / equipment
fails in the above tests, the expenditure incurred by AAI on testing of such
material or equipment along with incidental charges borne by AAI (if any)
shall be recovered from the dues of the contractor and action shall be taken
under Clause 16 and other relevant clauses of the contract.
5. The contractor shall not be eligible for any claim or compensation either
arising out of any delay in the work or due to any corrective measures
required to be taken on account of and as a result of testing of materials.
6. The contractor shall, at his risk and cost, make all arrangements and shall
provide all facilities as the Engineer-in-charge may require for collecting
and preparing the required number of samples for such tests at such time
and to such place or places as may be directed by the Engineer-in-charge
and bear all charges and cost of testing unless specifically provided for
otherwise elsewhere in the contract or specifications. The Engineer-in-
charge or his authorised representative shall at all times have access to the
works and to all workshops and places where work is being prepared or
from where materials manufactured, articles or machinery are being
obtained for the works and the contractor shall afford every facility and
every assistance in obtaining the right to such access.
7. 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 at the expense of the contractor, other persons to
remove the same without being answerable or accountable for any loss or
damage that may happen or arise to such materials. The Engineer-in-charge
shall also have full powers to require other proper materials to be
substituted thereof and in case of default, the Engineer-in-charge may cause
the same to be supplied and all costs which may be attracted for such
removal and substitution shall be borne by the Contractor.
8. The contractor shall at his own expense, provide a material testing lab at
the site for conducting routine field tests. The lab shall be equipped at least
with the testing equipment as specified in Schedule F.
9. Details in respect of all mandatory tests shall be maintained in the desired
format and attached with each Running Account Bill.
CLAUSE 10 B
(1) Secured 1. The Contractor, on signing an indenture in the form to be specified by the
Advance on Engineer-in- charge, shall be entitled to be paid during the progress of the
Nonperishable execution of the work upto 75% of the assessed value of any materials
materials which are in the opinion of the Engineer-in-charge nonperishable, non-
fragile and noncombustible and are in accordance with the contract and
which have been brought on the site in connection therewith and are
adequately stored and / or protected against damage by weather or other
causes but which have not at time of advance been incorporated in the
works. When materials on account of which an advance has been made
under this sub-clause are incorporated in the work, the amount of such
advance shall be recovered/ deducted from the next payment made under
any of the clause or clauses of this contract.
The secured advance shall also be payable against items brought at site for
use in electrical and mechanical systems. Such secured advance shall be
paid on submission of Collateral Bank Guarantee submitted by the vendor
against the payment in case equipment / system fails to perform on testing
and commissioning. Normally secured advance is paid up to 75% of the
assessed value of items but in any case it shall not exceed 80% of cost of
items indicated for supply of equipment.
(II) Mobilization 2. Mobilization advance not exceeding 10% of the tendered value shall be paid
Advance for the works costing more than Rs 5.00 Cr, subject to the availability of
funds and if requested by the contractor in writing within period as
indicated below.
a. For the works costing between Rs. 5 crores – Rs.100 crores the
application for the issue of mobilization advance must be received in
writing within 30 days of handing over of the site.
b. For the works costing more than Rs. 100 crores the application
for the issue of mobilization advance must be received in writing within
45 days of handing over of the site.
c. The contractor shall execute a Bank Guarantee Bond from any
Scheduled Bank but not Co-operative or Gramin Bank as specified by
Engineer-in-charge for 110% of value of installment of mobilization
advance before such advance is released. The first installment should
not exceed Rs.20.00 Cr. for the work for which the estimated cost is
kept as Rs.500.00 Cr. or more. The No. of installments shall be
CLAUSE 10 C
AIRPORTSAUTHORITYOFINDIA
Payment on If after submission of the tender, the price of any material incorporated in the
Account of works (excluding the materials covered under Clause 10CA and not being a
Increase in material supplied from the Engineer-in-charge’s stores in accordance with
Prices/ Clause 10 thereof) and/ or wages of labour increases as a direct result of the
Wages due coming into force of any fresh law or statutory rule or order (but not due to any
to Statutory variation of rates in GST applicable on such materials being considered under
Order(s) this clause) beyond the prices / wages prevailing at the time of last stipulated
date for receipt of the tenders including extensions, if any, for the work, during
contract period including the justified period extended under the provisions of
the Clause 5 of the Contract without any action under Clause 2, then the amount
of the contract shall accordingly be varied.
If after submission of the tender, the price of any material incorporated in the
works (excluding the material covered under clause 10CA and not being a
material supplied from the Engineer-in-charge’s stores in accordance with
clause 10 thereof) and / or wages of labour as prevailing at the time of last
stipulated date of receipt of tender including extensions, if any, is decreased as a
direct result of the coming into force of any fresh law or statutory rule or order
(not due to any changes in GST /Custom duty). Authority shall in respect of
materials incorporated in the works (excluding the material covered under
clause 10CA and not being materials supplied from the Engineer-in-charge’s
stores in accordance with Clause 10 hereof) and/ or labour engaged on the
execution of the work after the date of coming into force of such law, statutory
rule or order be entitled to deduct from the dues of the contractor, such amount
as shall be equivalent to the difference between the prices of the materials and/
or wages as prevailed at the time of the last stipulated date for receipt of tenders
including extensions if any for the work and the prices of materials and/ or
wages of labour on the coming into force of such law, statutory rule or order.
This will be applicable for the contract period including the justified period
extended under the provisions of clause 5 of the contract without any action
under clause2.
Engineer-in-charge shall call books of account and other relevant documents
from the contractor to satisfy himself about reasonability of increase in prices of
materials and wages. The contractor shall, within a reasonable time of his
becoming aware of any alteration in the price of any such materials and/ or
wages of labour, give notice thereof to the Engineer-in-charge stating that the
same is given pursuant to this condition together with all information relating
thereto which he may be in position to supply.
For this purpose, the labour component of 85% of the value of the work
executed during period under consideration shall not exceed the percentage as
specified in Schedule F, and the increase / decrease in labour shall be
considered on the minimum daily wages in rupees of any unskilled mazdoor,
fixed under any law, statutory rule or order.
The cost of work for which escalation applicable (w) is same as cost of work
done as worked out as indicated in clause 10 CC minus the amount of full
assessed value of secured advances.
CLAUSE 10 CA
Payment due If after submission of the tender, the price of materials specified in Schedule-F
to variation in increases/ decreases beyond the base price(s) as indicated in schedule F for the
prices of work, then the amount of the contract shall accordingly be varied and provided
materials after further that any such variations shall be effected for stipulated period of contract
receipt of tender including the justified period extended under the provisions of clause 5 of the
contract without any action under Clause 2.
V = P x Q x Cl-Cl0
Cl0
where,
Q = Quantity of material brought at site for bonafide use in the works since
previous bill excluding any such quantity consumed in the deviated
quantity of items beyond deviation limit and extra/substituted item, paid/to
be paid at rates derived on the basis of market rates under clause12.2
Q = Quantity of material brought at site for bonafide use in the works since
previous bill including any such quantity consumed in the deviated quantity
of items beyond deviation limit paid at agreement rates and
extra/substituted item being scheduled items, but excluding nonscheduled
extra/substituted item paid/to be paid at market rates under clause 12.2
as issued by the DG, CPWD and corresponding to the time of base price of
respective material indicated in schedule ‘F’. For other items, if any
provided in Schedule ‘F’, All India Wholesale Price Index for the material
as published by the Economic Advisor to Government of India, Ministry
of Industry and Commerce and corresponding to the time of base price of
respective material indicated in Schedule ‘F’.
Cl = Price index for cement, steel reinforcement bars, structural steel and POL
as issued under the authority of DG, CPWD for period under
consideration. For other items, if any, provided in Schedule ‘F’ All India
Wholesale Price Index for the material for the period under consideration
as published by Economic Advisor to Government of India, Ministry of
Industry and Commerce.
If actual purchase price of material is less than base price P and
CI ≥ CIo then, this clause shall not be applicable.
Note:
i. In respect of justified period extended under the provisions of Clause 5 of
the contract without any action under clause 2, the index prevailing at the
time of updated stipulated date of completion considering the effect of
extra work (extra time to be calculated on prorata basis only as cost of
extra work X stipulated period/ tendered cost) shall be considered.
Payment due If the prices of materials (not being materials supplied or services rendered at
to fixed prices by the Department in accordance with clause 10 &34 thereof) and/ or
Increase/ wages of labour required for execution of work increase, the contractor shall be
Decrease in compensated for such increase as per provisions detailed below and the amount of
Prices / the contract shall accordingly be varied, subject to the condition that such
Wages compensation for escalation in prices and wages shall be available only for the
(excluding work done during the stipulated period of the contract including the justified
material period extended under the provisions of clause 5 of the contract without any
covered action under clause2.
under
clause 10CA) No such compensation shall be payable for a work for which the stipulated period
after Receipt of completion is equal to or less than the time as specified in Schedule ‘F’. Such
of compensation for escalation in the prices of materials and labour, when due, shall
Tender for be worked out based on the following provisions:
works.
i. The base date for working out such escalation shall be the last stipulated date
of the receipt of tenders including extension, if any.
ii. The cost of work on which escalation will be payable shall be
reckoned as below:
a. Gross value of work done upto this quarter(A)
b. Gross value of work done upto the last quarter (B)
c. Gross value of work done since previous quarter (A-B)(C)
d. Full assessed value of secured advance (excluding material covered
under clause 10CA) fresh paid in this quarter(D)
e. Full assessed value of secured advance (excluding material covered
under clause 10CA) recovered in this quarter(E)
f. Full assessed value of secured advance for which escalation is payable
In this quarter (D-E)(F)
g. Advance payment made during this quarter(G)
h. Advance payment recovered during this quarter(H)
i. Advance payment for which escalation is payable in this quarter (G-H)
(I)
j. Extra items/ deviated quantities of items paid as per clause 12 based (J)
on prevailing market rates during this quarter:
Then, M=(C+F+I-J)
N= 0.85 M
k. Less cost of material supplied by the department as per clause 10 and
recovered during the quarter(K)
l. Less cost of services rendered at fixed charges as per Clause 34 and
recovered during the quarter(L)
Vm = W x Xmx Ml-Ml0
100 Ml0
Vm= Variation in material cost i.e. increase or decrease in the amount in
rupees to be paid or recovered.
W = Cost of work done, worked out as indicated in sub para (ii)of Clause10
CC
Xm = Component of ‘materials’ (except cement, structural steel,
reinforcement bars, POL and other materials covered under clause10 CA)
expressed as percent of the total value of work.
Ml = All India wholesale price index for civil component/ electrical component*
of construction material as worked out on the basis of All India Wholesale Price
Index for Individual Commodities / Group Items for the period under
consideration as published by the Economic Advisor to Government of
India, Ministry of Industry & Commerce and applying weightage to the
Individual Commodities/ Group Items(in respect to the justified period extended
under the provisions of clause 5 of the contract without any action under Clause
2, the index prevailing at the time of updated stipulated date of completion
considering the effect of extra work(extra time to be calculated on prorate basis
only as cost of extra work x stipulated period/tendered cost, shall be considered.)
Ml0 = All India wholesale price index for civil component/ electrical component*
of construction material as worked out on the basis of All India Wholesale Price
Index for Individual Commodities / Group Items valid on the last stipulated date
of receipt of tenders including extensions, if any, as published by the Economic
Advisor to Government of India, Ministry of Industry and Commerce and
applying weightage to the Individual Commodities / Group Items.
* Note: relevant component only will be applicable
VF =W xZx Fl-Fl0
100 Fl0
VF = Variation in cost of Fuel, Oil & Lubricant i.e. increase or decrease in the
amount in rupees to be paid or recovered.
W = Cost of work done, worked out as indicated in sub para (ii) of Clause 10 CC
Z = Component of Fuel, Oil and Lubricant expressed as a percentage of the total
value of the work
Fl = All India wholesale price index for Fuel, Oil and Lubricant for the period
under consideration as published by the Economic Advisor to Government
of India, Ministry of Industry & Commerce (in respect to the justified period
extended under the provisions of clause 5 of the contract without any
action under Clause 2, the index prevailing at the time of updated stipulated
date of completion or the prevailing index of the period under consideration,
whichever is less, shall be considered)
Fl0 = All India wholesale price index for Fuel, Oil and Lubricant valid on the
last stipulated date of receipt of tenders including extensions, if any.
v. The following principles shall be followed while working out the indices
mentioned in above Para
a. The compensation for escalation shall be worked out at quarterly intervals
and shall be with respect to the cost of work done as per bills paid during
the three calendar months of the said quarter. The dates of preparation of
bills as finally entered in the measurement book/date of submission of bill
finally by the contractor to the department in case of computerized
measurement book shall be the guiding factor to decide the bills relevant
to the quarterly interval. The first such payment shall be made at the end
of three months after the month (excluding the month in which the tender
was accepted) and thereafter at three months’ interval. At the time of
completion of the work, the last period for payment might become less
than 3 months depending on the actual date of completion.
b. The index (MI/FI etc.) relevant to any quarter/ period for which such
compensation is paid shall be the arithmetical average of the indices
relevant to the three calendar months. If the period up to date of
completion after the quarter covered by the last such installment of
payment is less than three months, the index MI and FI shall be the
average of the indices for the months falling within that period.
Note: Updated stipulated date of completion ( period of completion plus extra time
for extra work for compensation under clause 10C, 10CA and 10CC, the
factor of 1.25 taken into account for calculating the extra time under clause
12.1 for extra time shall not be considered while calculating the updated
stipulated date of completion for this purpose in clause 10C. clause 10 CA,
and clause 10CC.
The date of preparation of bill shall be as finally entered in the measurement
book by AM / Mgr. / SM / AGM or the date of submission of bill by the
contractor to the Department. This shall be the guiding factor to decide the
bill relevant to that period in case of computerized billing.
CLAUSE 10 D
Dismantled The contractor shall treat all materials obtained during dismantling of a structure,
Material excavation of the site for a work etc. as property of AAI and such materials shall
AAI be disposed of to the best advantage of Authority according to the instructions in
Property writing issued by the Engineer-in-charge.
CLAUSE11
Work to be The contractor shall execute the whole and every part of the work in the most
executed in substantial and workmanlike manner both as regards materials and otherwise in
accordance every respect in strict accordance with the specifications. The contractor shall
with also conform exactly, fully and faithfully to the design, drawings and instructions
specifications, in writing in respect to the work signed by the Engineer in charge and the
drawings, contractor shall be furnished free of charge one copy of the contract documents
orders etc. together with specifications, designs, drawings and instructions as are not
included in the standard specifications of Central Public Works Department
specified in Schedule F or in any Bureau of Indian Standard or any other
published standard or code or Schedule of Rates or any other printed publication
referred to elsewhere in the contract. The contractor shall comply with the
provisions of the contract and with the care and diligence execute and maintain
the works and provide all labour and materials, tools and plants including for
measurements and supervision of all works, structural plans and other things of
temporary or permanent nature required for such execution and maintenance in so
far as the necessity for providing these, is specified or is reasonably inferred from
the contract. The contractor shall take full responsibility for adequacy suitability
and safety of all the works and methods of construction.
CLAUSE12
Deviations / The engineer-in-charge shall have power (i) to make alteration in, omissions
variations from, additions to, or substitutions for the original specifications, drawings,
extent and designs and instructions that may appear to him to be necessary or advisable
pricing during the progress of the work, and (ii) to omit a part of the works in case of
non-availability of a portion of the site or for any other reasons and the contractor
shall be bound to carry out the works in accordance with any instructions given to
him in writing signed by the Engineering- charge and such alterations, omissions,
additions or substitutions shall form part of the contract as if originally provided
therein and any altered, additional or substituted work which the contractor may
be directed to do in the manner specified above as part of the works, shall be
carried out by the contractor on the same conditions in all respects including price
on which he agreed to do the main work except as hereafter provided.
12.1 The time for completion of the works shall, in the event of any deviations
resulting in additional cost over the tendered value being ordered, be extended, if
requested by the contractor, as follows:
i. In the proportion which the additional cost of the altered, additional or
substituted work, bears to the original tendered value plus
ii. 25% of the time calculated in (i) above or such further additional time as
may be considered reasonable by the engineer-in-charge.
12.2 Deviation, In the case of extra item(s) (items that are completely new, and in addition to the
Extra Items items contained in the contract) the contractor may within fifteen days of receipt
and Pricing of order or occurrence of the item(s) claim rates, supported by proper analysis, for
the work and the Engineer-in-charge shall within Six weeks of the receipt of the
claims supported by analysis, after giving consideration to the analysis of the rates
submitted by the contractor, determine the rates on the basis of the market rates and
the contractor shall be paid in accordance with the rates so determined.
Deviation, In the case of substituted items (items that are taken up with partial
substituted substitution or in lieu of items of work in the contract), the rate for the
items pricing agreement item (to be substituted) and substituted item shall also be
determined in the manner as mentioned in the following para.
(i) If the market rate for the substituted item so determined is more than the
market rate of the agreement item (to be substituted), the rate payable to
the contractor for the substituted item shall be the rate for the agreement
item (to be substituted) so increased to the extent of the difference
between the market rates of substituted item and the agreement item (to
be substituted).
(ii) If the market rate for the substituted item so determined is less than the
market rate of the agreement item (to be substituted), the rate payable to
the contractor for the substituted item shall be the rate for the agreement
item (to be substituted) so decreased to the extent of the difference
between the market rates of substituted item and the agreement item (to
be substituted).
Deviation, In the case of contract items, substituted items, contract cum substituted items,
Deviated which exceed the limits laid down in schedule F, the contractor may within
Quantities, fifteen days of receipt of order or occurrence of the excess, claim revision of
Pricing the rates, supported by proper analysis for the work in excess of the above
mentioned limits, provided that if the rates so claimed are in excess of the
rates specified in the schedule of quantities, the Engineer-in-Charge shall
within prescribed time limit of receipt of the claims supported by analysis,
after giving consideration to the analysis of the rates submitted by the
contractor, determine the rates on the basis of the market rates and the
contractor shall be paid in accordance with the rates so determined.
12.3 The provisions of the preceding paragraph shall also apply to the decrease in
the rates of items for the work in excess of the limits laid down in Schedule F,
and the Engineer-in-Charge shall after giving notice to the contractor within
one month of occurrence of the excess and after taking into consideration any
reply received from him within fifteen days of the receipt of the notice, revise
the rates for the work in question within one month of the expiry of the said
period of fifteen days having regard to the market rates.
12.4 The contractor shall send to the Engineer-in-Charge once every three months,
an upto date account giving complete details of all claims for additional
payments to which the contractor may consider himself entitled and of all
additional work ordered by the Engineer-in-Charge, which he has executed
during the preceding quarter failing which the contractor shall be deemed to
have waived his right. However, the Executive Director Engineering may
authorize consideration of such claims on merits.
12.5 For the purpose of operation of Schedule F, the following works shall be treated
as works relating to foundation unless & otherwise defined in the contract:
i. For Buildings: All works up to 1.2 meters above ground level or up to floor
1 level whichever is lower.
ii. For abutments, piers and well staining: All works up to 1.2 m above the
bed level.
iii. For retaining walls, wing walls, compound walls, chimneys, overhead
reservoirs/tanks and other elevated structures: All works up to 1.2 m above
the ground level.
iv. For roads, apron, runway & taxi track all items of excavation, filling GSBC
and including treatment of sub-base.
v. For reservoirs/tanks (other than overhead reservoirs/tanks): All works upto
1.2 meters above the ground level.
vi. For basement: All works up to 1.2 m above ground level or up to floor 1
level whichever is lower.
12.6 Any operation incidental to or necessarily has to be in contemplation of tenderer
while filing, tender, or necessary for proper execution of the item included in the
Schedule of quantities or in the schedule of rates mentioned above, whether or
not, specifically indicated in the description of the item and the relevant
specifications, shall be deemed to be included in the rates quoted by the tenderer
or the rate given in the said schedule of rates, as the case may be. Nothing extra
shall be admissible for such operations.
CLAUSE 13
Foreclosure of If at any time after acceptance of the tender or during the progress of work the
contract due purpose or object for which the work is being done changes due to any
to supervening cause and as a result of which the work has to be abandoned or
Abandonment reduced in scope the Engineer-in-Charge shall give notice in writing to that
or Reduction effect to the contractor and the contractor stating the decision as well as the
in cause for such decision and the contractor shall act accordingly in the matter.
Scope of Work The contractor shall have no claim to any payment of compensation or otherwise
whatsoever, on account of any profit or advantage which he might have derived
from the execution of the works in full but which he did not derive in
consequence of the foreclosure of the whole or part of the works. The contractor
shall be paid at contract rates, full amount for works executed at site and, in
addition, a reasonable amount as certified by the Engineer-in-Charge for the
items hereunder mentioned which could not be utilized on the work to the full
extent in view of the foreclosure;
ii. AAI shall have the option to take over contractor’s materials or any part
thereof either brought to site or of which the contractor is legally bound to
accept delivery from suppliers (for incorporation in or incidental to the
work) provided, however AAI shall be bound to take over the materials or
such portions thereof as the contractor does not desire to retain. For
materials taken over or to be taken over by AAI, cost of such materials as
detailed by Engineer-in- Charge shall be paid. The cost shall, however,
take into account purchase price, cost of transportation and deterioration
or damage which may have been caused to materials whilst in the custody
of the contractor.
iii. If any materials supplied by AAI are rendered surplus, the same except
normal wastage shall be returned by the contractor to AAI at rates not
exceeding those at which these were originally issued, less allowance for
any deterioration or damage which may have been caused whilst the
materials were in the custody of the contractor. In addition, cost of
transporting such materials from site to AAI stores, if so required by AAI,
shall be paid.
CLAUSE 14
b. The Engineer- in-Charge without invoking action under clause 3 may, without
prejudice to any other right or remedy against the contractor which have either
accrued or accrue thereafter to AAI, by a notice in writing to take the part
work / part incomplete work of any item(s) out of his hands and shall have
powers to:
i. Take possession of the site and any materials, constructional
plant, implements, stores, etc., thereon; and/or
ii. Carry out the part work / part incomplete work of any item(s) by any
means at the risk and cost of the contractor.
d. In determining the amount, credit shall be given to the contractor with the
value of work done in all respect in the same manner and at the same rate as if
it had been carried out by the original contractor under the terms of his
contract, the value of contractor's materials taken over and incorporated in the
work and use of plant and machinery belonging to the contractor. The
certificate of the Engineer-in-Charge as to the value of work done shall be
final and conclusive against the contractor provided always that action under
this 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 payable to the contractor.
e. Any excess expenditure incurred or to be incurred by AAI in completing the
part work/ part incomplete work of any item(s) or the excess loss of damages
suffered or may be suffered by AAI as aforesaid after allowing such credit
shall without prejudice to any other right or remedy available to AAI in law or
per as agreement be recovered from any money due to the contractor on any
account, and if such money is insufficient, the contractor shall be called upon
inwritingandshallbeliabletopaythesamewithin30days.
f. If the contractor fails to pay the required sum within the aforesaid period of 30
days, the Engineer-in-Charge shall have the right to sell any or all of the
contractors' unused materials, constructional plant, implements, temporary
building at site etc. and adjust the proceeds of sale thereof towards the dues
recoverable from the contractor under the contract and if thereafter there
remains any balance outstanding, it shall be recovered in accordance with the
provisions of the contract/ provisions of law.
CLAUSE 15
Suspension i. The contractor shall, on receipt of the order in writing of the Engineer-in-
of Work Charge, (whose decision shall be final and binding on the contractor) suspend
the progress of the works or any part thereof for such time and in such manner
as the Engineer-in- Charge may consider necessary so as not to cause any
damage or injury to the work already done or endanger the safety thereof for
any of the following reasons:
a. on account of any default on the part of the contractor or;
b. for proper execution of the works or part thereof for reasons other than the
default of the contractor; or
c. For safety of the works or part thereof.
The contractor shall, during such suspension, properly protect and secure the
works to the extent necessary and carry out the instructions given in that behalf
by the Engineer-in-Charge.
ii. If the suspension is ordered for reasons (b) and (c) in sub-para (i) above (but
not attributed to contractor):
CLAUSE 15 A
Compensatio The contractor shall not be entitled to claim any compensation from AAI for the
n in case of losses suffered by him on account of delay by AAI in the supply of materials in
delay due to Schedule ‘B’ where such delay is covered by the difficulties relating to supply of
late supply of wagons, force majeure or any reasonable cause beyond the control of AAI.
stipulated
material by This clause 15 A will not be applicable for works where no material is stipulated
AAI. for issue by AAI.
CLAUSE16
CLAUSE17
Contractor If the contractor or his working people or servants shall break, deface, injure or
Liable for destroy any part of building in which they may be working, or any building, road,
Damages, road kerb fence, enclosure, water pipe, cables, drains, electric or telephone post
defects or wires, trees, grass or grassland, or cultivated ground contiguous to the
during premises on which the work or any part is being executed, or if any damage shall
maintenance happen to the work while in progress, from any cause whatever or if any defect,
period shrinkage or other faults appear in the work within twelve months (six months in
the case of work costing Rs. Ten lacs and below except road work) after a
certificate final or otherwise of its completion shall have been given by the
CLAUSE 18
Contractor The contractor shall provide at his own cost all materials (except such special
to Supply materials, if any, as may in accordance with the contract be supplied from the
Tools & Engineer-in charge’s stores) machinery, tools & plants as specified in Schedule F.
Plants etc. in addition to this, appliances, implements, other plants, ladders, cordage, tackle,
scaffolding and temporary works required for the proper execution of the work,
whether original, altered or substituted and whether included in the specifications
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 therefor to and from the work. The contractor shall
also supply without charge the requisite number of persons with the means and
materials, necessary for the purpose of setting out works, and counting, weighing
and assisting the measurement for 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 this contract or otherwise
and / or from his security deposit or the proceeds of sale thereof, or of a sufficient
portions thereof.
CLAUSE 18 A
Recovery of In every case in which by virtue of the provisions sub-section(i) of Section 12, of
Compensatio the Workmen’s Compensation Act, 1923, AAI is obliged to pay compensation to
n a workman employed by the contractor, in execution of the works, AAI will
paid to recover from the contractor, the amount of the compensation so paid, and,
Workmen without prejudice to the rights of the AAI under sub-section(2) of Section 12, of
the said act, AAI shall be at liberty to recover such amount or any part thereof by
deducting it from the security deposit or from any sum due by AAI tothe
contractorwhetherunderthiscontractorotherwise.AAIshallnotbeboundto
contest any claim made against it under subsection(1) of Section 12, of the said
Act, except on the written request of the contractor and upon his giving to AAI
full security for all costs for which AAI might become liable in consequence of
contesting such claim.
CLAUSE 18 B
Ensuring In every case in which by virtue of the provisions of the Contract Labour
Payment and (Regulation and Abolition) act 1970, and the Contract Labour (Regulation and
Amenities to Abolition) Central Rules, 1971, AAI is obliged to pay any amounts of wages to a
Workers if workman employed by the contractor in execution of the works, or to incur any
Contractor expenditure in providing welfare and health amenities required to be provided
fails under the above said Act and the rules under Clause 19H or under the AAI
Contractor’s Labour Regulations or under the Rules framed by AAI from time to
time for the protection of health and sanitary arrangements for workers employed
by AAI Contractors, AAI will recover from the contractor the amount of wages
so paid or the amount of expenditure so incurred and without prejudice to the
rights of the AAI under sub section (2) of Section 20, sub section (4) of Section
21, of the Contract Labour (Regulation and Abolition) Act, 1970, AAI shall be at
liberty to recover such amount or any part thereof by deducting it from the
security deposit or from any sum due by AAI to the contractor whether under this
contract or otherwise AAI shall not be bound to contest any claim made against it
under sub section (1) of Section 20, sub section (4) of Section 21, of the said Act,
except on the written request of the contractor and upon his giving to the AAI full
security for all costs for which AAI might become liable in contesting such claim.
CLAUSE 19
Labour The contractor shall obtain a valid license under the contract labour (R&A) Act,
laws to be 1970 and the Contract Labour (Regulation and Abolition) Central Rules, 1971,
complied before the commencement of the work, and continue to have a valid license until
by the the completion of the work. The contractor shall also abide by the provisions of
Contractor the Child Labour (Prohibition and Regulation) Act, 1986.
The contractor shall also comply with the provisions of the building and other
construction workers (Regulation of Employment & Conditions of Service) Act,
1996 and the building and other Construction Workers Welfare Cess Act, 1996.
Any failure to fulfill these requirements shall attract the penal provisions of this
contract arising out of the resultant non execution of the work.
CLAUSE 19A
No labour below the age of fourteen years shall be employed on the work.
CLAUSE 19B
v. The contractor shall comply with the provisions of the Payment of wages Act,
1936, Minimum Wages Act, 1948, Employees Liability Act, 1938,
Workmen’s Compensation Act, 1923, Industrial Disputes Act, 1947,
Maternity Benefits Act, 1961, and the Contractor’s Labour (Regulation and
Abolition) Act 1970, or the modifications thereof or any other laws relating
thereto and the rule made thereunder from time to time.
vi. The contractor shall indemnify and keep indemnified Authority against
payments to be made under and for the observance of the laws aforesaid and
the AAI Contractor’s Labour Regulations without prejudice to his right to
claim indemnity from his sub-contractors.
vii. The laws aforesaid shall be deemed to be a part of this contract and any
breach thereof shall be deemed to be a breach of this contract.
viii. Whatever is the minimum wage for the time being, or if the wage payable
is higher than such wage, such wage shall be paid by the contractor to the
workmen directly without the intervention of Jamadar and that Jamadar shall
not be entitled to deduct or recover any amount from the minimum wage
payable to the workmen as and by way of commission or otherwise.
CLAUSE 19C
In respect of all labour directly or indirectly employed in the work for the
performance of the contractor’s part of this contract, the contractor shall at his
own expense arrange for the safety provisions as per AAI Safety Code framed
from time to time and shall at his own expense provide for all facilities in
connection therewith. In case the contractor fails to make arrangement and
provide necessary facilities as aforesaid, he shall be liable to pay a penalty of Rs.
200/- for each default and in addition, the Engineer-in charge shall be at liberty to
make arrangement and provide facilities as aforesaid and recover the
costs incurred in that behalf from the contractor.
CLAUSE 19D
The contractor shall submit by the 4th and 19th of every month, to the Engineer-
in charge a true statement showing in respect of the second half of the preceding
month and the first half of the current month respectively:
i. the number of labourers employed by him on the work,
ii. their working hours,
iii. the wages paid to him,
iv. the accidents that occurred during the said fortnight showing the
circumstances under which they happened and the extent of damage and
injury caused by them, and
v. the number of female workers who have been allowed maternity benefit
according to Clause 19F and the amount paid to them Failing which the
contractor shall be liable to pay to AAI, a sum not exceeding Rs. 200/- for
each default or materially incorrect statement. The decision of the Engineer-
in-charge shall be final in deducting from any bill due to the contractor; the
amount levied as fine and shall be binding on the contractor.
CLAUSE 19E
In respect of all labour directly or indirectly employed in the works for the
performance of the contractor’s part of this contract, the contractor shall comply
with or cause to be complied with all the rules framed by AAI from time to time
for the protection of health and sanitary arrangements for workers employed by
the AAI and its contractor.
CLAUSE 19F
Leave and pay during leave shall be regulated as follows:
1. Leave:
i. In the case of delivery - maternity leave not exceeding 8 weeks, 4
weeks upto and including the day of delivery and 4 weeks following that
day.
ii. In the case of miscarriage - upto 3 weeks from the date of miscarriage.
2. Pay:
i. In the case of delivery – leave pay during maternity leave will be at the rate
of women’s average daily earnings, calculated on total wages earned on the
days when full time work was done during a period of three months
immediately preceding the date on which she gives notice that she expects to
be confined or at the rate of Rupee one only a day whichever is greater.
ii. In the case of miscarriage – leave pay at the rate of average daily earning
A.A.I. C……I…….O……. Page 51
Clauses of Contract AIRPORTSAUTHORITYOFINDIA
calculated on the total wages earned on the days when full time work was
done during a period of three months immediately preceding the date of such
miscarriage.
CLAUSE 19 G
In the event of the contractor (s) committing a default or breach of any of the
provisions of the Airports Authority of India Contractor’s Labour Regulations
and Model Rules for the protection of health and sanitary arrangements for the
workers as amended from time to time or furnishing any information or
submitting or filling any statement under the provisions of the above Regulations
and Rules which is materially incorrect, he / they shall, without prejudice to any
other liability, pay to the AAI a sum not exceeding Rs.200/- for every default,
breach or furnishing, making, submitting, filing such materially incorrect
statements and in the event of the contractor(s) defaulting continuously in this
respect, the penalty may be enhanced to Rs.200/- per day for each day of default
subject to a maximum of 5 per cent of the estimated cost of the work put to
tender. The decision of the Engineer-in-Charge shall be final and binding on the
parties.
Should it appear to the Engineer-in-Charge that the contractor (s) is / are not
properly observing and complying with the provision of the AAI Contractor’s
Labour Regulations and Model Rules and the provisions of the Contract Labour
(Regulation and Abolition ) Act 1970, and the Contract Labour (R&A) Central
Rules 1971, for the protection of health and sanitary arrangements for work –
people employed by the contractor (s) (hereinafter referred as “the said Rules”)
the Engineer-in-Charge shall have power to give notice in writing to the
contractor
(s) requiring that the said Rules be complied with and the amenities prescribed
therein be provided to the work-people within a reasonable time to be specified in
the notice. If the contractor (s) shall fail within the period specified in the notice
to comply with and/ observe the said Rules and to provide the amenities to the
work-people as aforesaid, the Engineer-in-Charge shall have the power to provide
the amenities hereinbefore mentioned at the cost of the contractor (s). The
contractor (s) shall erect, make and maintain at his / their own expense and to
approved standards all necessary huts and sanitary arrangements required for his /
their work –people on the site in connection with the execution of the works, and
if the same shall not have been erected or constructed, according to approved
standards, the Engineer-in-Charge shall have power to give notice in writing to
the contractor (s) requiring that the said huts and sanitary arrangements be
remodeled and / or reconstructed according to approved standards, and if the
contractor (s) shall fail to remodel or reconstruct such huts and sanitary
arrangements according to approved standards within the period specified in the
notice, the Engineer-in-Charge shall have the power to remodel or reconstruct
such huts and sanitary arrangements according to approved standards at the cost
of the contractor (s).
CLAUSE 19 H
The contractor (s) shall at his / their own cost provided his / their labour with a
sufficient number of huts (hereinafter referred to as the camp) on the following
specifications on a suitable plot of land to be approved the Engineer-in-Charge.
i. Facility to be provided
a. The minimum height of each hut at the eaves level shall be 2.10m (7ft.) and
the floor area to be provided will be at the rate of 2.7 sq.m. (30 sq.ft.) for
each member of the worker’s family staying with the labourer.
b. The contractor shall in addition construct suitable cooking places having a
minimum area of 1.80m x 1.50m (6’ x 5’) adjacent to the hut for each
family.
c. The contractor(s) shall also construct temporary latrines and urinals for the
use of the labourers each on the scale of not less than four per each one
hundred of the total strength, separate latrines and urinals being provided
for women.
d. The contractor (s) shall construct sufficient number of bathing and
washing places one unit for every 25 persons residing in the camp. These
bathing and washing places shall be suitably screened.
ii. Specifications
a. All the huts shall have walls of sun-dried or burnt-bricks laid in mud mortar
or other suitable local materials as may be approved by the Engineer-in-
Charge in case of sun-dried bricks, the walls should be plastered with mud
gobri on both sides. The floor may be kutcha but plastered with mud gobri
and shall be at least 15 cm (6”) above the surrounding ground. The roofs
shall be laid with the thatch or any other materials as may be approved by
the Engineer-in-Charge and the contractor shall ensure that throughout the
period of their occupation, the roofs remain water –tight.
b. The contractor (s) shall provide each hut with proper ventilation.
c. All doors, windows and ventilators shall be provided with suitable leaves
for security purposes.
d. There shall be kept an open space of at least 7.2 m (8 yards) between the
rows of huts which may be reduced to 6m (20 ft.) according to the
availability of site with the approval of the Engineer-in-Charge. Back to
back construction will be allowed.
iii. Water Supply
The contractor (s) shall provided adequate supply of water for the use of
labourers. The provisions shall not be less than two gallons of pure and
wholesome water per head per day for drinking purposes and three gallons of
clean water per head per day for bathing and washing purposes. Where piped
water supply is available supply shall be at stand posts and where the supply is
from wells or river, tanks which may be of metal or masonry, shall be provided.
The contractor (s) shall also at his / their own cost make arrangements for laying
pipe lines for water supply to his / their labour camp from the existing mains
wherever available and shall pay all fees and charges therefor.
iv. The site selected for the camp shall be high ground, removed from jungle.
v. Disposal of Excreta:
The contractor (s) shall make necessary arrangement for the disposal of excreta
from the latrines by trenching or incineration which shall be according to the
requirements laid down by the Local Health Authorities. If trenching or
incineration is not allowed, the contractor (s) shall make arrangements for the
removal of the excreta through the Municipal Committee / authority and inform it
about the number of labourers employed so that arrangements may be made by
such Committee / authority for the removal of excreta. All charges on this
account shall be borne by the contractor and paid direct by him to the
Municipality / authority. The contractor shall provide one sweeper for every eight
seats in case of dry system.
vi. Drainage
The contractor (s) shall provide efficient arrangements for draining away sullage
water so as to keep the camp neat and tidy.
vii. The contractor (s) shall make necessary arrangements for keeping the
camp area sufficiently lighted to avoid accidents to the workers.
viii. Sanitation
The contractor(s) shall make arrangements for conservancy and sanitation in the
labour camps according to the rules of the Local Public Health and Medical
Authorities.
CLAUSE 19I
The Engineer-in-Charge may require the contractor to dismiss or remove from the
site of the work any person or persons in the contractors’ employ upon the work
who may be incompetent or misconduct himself and the contractor shall forthwith
comply with such requirements. In respect of maintenance/repair or renovation
works etc. where the labour have an easy access to the individual work premises,
the contractor shall issue identity cards to the labourers, whether temporary or
permanent and he shall be responsible for any untoward action on the part of such
labour. Assistant Manager/Junior Executive will display a list of contractors
working in the colony/Blocks on the notice board in the colony and
also at the service center, to apprise the residents about the same.
CLAUSE 19J
It shall be the responsibility of the contractor to see that the building under
construction is not occupied by anybody unauthorized during construction, and is
handed over to the Engineer-in-Charge with vacant possession of complete
building. If such building though completed is occupied illegally, then the
Engineer-in-Charge shall have the option to refuse to accept the said
building/buildings in that position. Any delay in acceptance on this account will
be treated as the delay in completion and for such delay, a levy upto 5% of
tendered value of work may be imposed by the General Manager Engg. Whose
decision shall be final both with regard to the justification and quantum and be
bindingonthecontractor.However,theExecutiveDirectorEngg.,througha
notice may require the contractor to remove the illegal occupation any time on or
before construction and delivery.
CLAUSE 19 K
Employment The contractor shall at all stages of work deploy skilled / semi-skilled tradesmen
of skilled / who are qualified and possess certificate in particular trade from CPWD Training
semiskilled Institute / Industrial Training Institute/National Institution of Construction
workers Management and research (NICMAR) National Academy of Construction, CIDC
or any similar reputed and recognized Institute managed / certified by State /
Central Government. The number of such qualified tradesmen shall not be less
than 20% of total skilled / semi-skilled workers required in each trade at any
stage of work. The contractor shall submit number of man days required in
respect of each trade, its scheduling and the
list of qualified tradesmen along with requisite certificate from recognized
Institute to Engineer in charge for approval. Notwithstanding such approval, if
the tradesmen are found to have inadequate skill to execute the work of
respective trade, the contractor shall substitute such tradesmen within two days of
written notice from Engineer –in- Charge. Failure on the part of contractor to
obtain approval of Engineer-in-Charge or failure to deploy qualified tradesmen
will attract a compensation to be paid by contractor at the rate of Rs.100 per such
tradesman per day. Decision of Engineer in Charge as to whether particular
tradesman possesses requisite skill and amount of compensation in case of default
shall be final and binding.
Provided always, that the provision of this clause shall not be applicable for
works with estimated cost put to tender being less than Rs.5crores.
CLAUSE 19 L
Registration The ESI and EPF contributions on the part of employer in respect of this contract
with EPFO shall be paid by the contractor. These contributions on the part of the employer
and ESIC paid by the contractor shall be reimbursed by the Engineer-in-charge to the
contractor on actual basis.
CLAUSE 19 M
CLAUSE 20
Minimum The contractor shall comply with all the provision of the Minimum Wages Act,
Wages 1948, and Contract Labour (Regulation and Abolition) Act, 1970 amended from
Act to be time to time and rules framed thereunder and other labour laws affecting contract
Complied labour that may be brought into force from time to time.
with
CLAUSE 20(A)
Employees The Contractor shall comply with all the provisions of the Employees Provident
Provident Fund & Misc. Provisions Act, 1952/ Jammu & Kashmir Employees Provident
Fund Funds (and Miscellaneous Provisions) Act, 1961 and ESI Act, 1948, amended
&Miscellaneou from time to time and rules framed thereunder. Some of the provisions are given
s Provision below:
Act a. The contractor shall intimate his PF Account Code No. allotted by Regional PF
1952/Jammu Commissioner and ESI Registration No. allotted by ESI Corporation after
& Kashmir award of work and shall continue to have valid PF Account Code No. and ESI
Employees Registration No. till actual completion of the contract.
Provident b. The contractor shall provide a list of contract Workers engaged for
Funds (and contract work along with their PF Account No. & ESI Registration No.
Miscellaneous c. The contractor by 20th of every month shall provide a monthly statement
s Provisions) showing recoveries of contribution and proof of remittance of provident fund
Act, 1961and contribution to RPFC and ESI contributions to ESI Corporation in respect of
State Workers engaged in contract work.
Insurance d. The contractor shall provide copies of PF & ESI challans of monthly
(ESI) Act, contributions in respect of contract workers engaged for contract work on
1948. month to month basis.
AAI reserves the right to withhold minimum amount as detailed under, from the
running account payments, if PF / ESI contributions are not paid by the contractor
and proof to that effect have not been produced regularly on due dates. To
withhold 3% for building work & 1.5% for road/pavement work of the total
amount of work done during the period considered.
ESI & EPF amount paid to the statutory authorities by the contractor shall be
reimbursed on actual basis on submission of documentary evidence.
CLUASE21
Work not to The contract shall not be assigned or sublet without the written approval of
be sublet. Engineer-in-Charge. And if the contractor shall assign or sublet his contract, or
Action in attempt to do so, or become insolvent or commence any insolvency proceedings
case of or make any composition with his creditors or attempt to do so, or if any bribe,
insolvency gratuity, gift, loan, perquisite, reward or advantage pecuniary or otherwise, shall
either directly or indirectly, be given, promised or offered by the contractor, or
any of his servants or agent to any public officer or person in the employ of AAI
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
Engineers in Charge on behalf of the AAI shall have power to adopt the course
specified in Clause 3 hereof in the interest of AAI and in the event of such course
being adopted, the consequences specified in the said Clause 3 shall ensue.
CLUASE22
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 AAI without
reference to the actual loss or damage sustained and whether or not any damage
shall have been sustained.
CLAUSE23
Changes in Where the contractor is a partnership firm, the previous approval in writing of the
firm’s Engineer-in-Charge shall be obtained before any change is made in the
Constitution constitution of the firm. Where the contractor is an individual or a Hindu
to undivided family business concern such approval as aforesaid shall likewise be
be intimated obtained before the contractor enters into any partnership agreement where under
the partnership firm would have the right to carry out the works hereby
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 21
hereofandthesameactionmaybetakenandthesameconsequencesshallensue
as provided in the said Clause 21.
CLAUSE24
All works to be executed under the contract shall be executed under the direction
and subject to the approval in all respects of the Engineer-in-Charge 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 25
Dispute All disputes or differences which may arise out of or in connection with or
Resolution incidental to the Agreement(s) including any dispute or difference regarding the
interpretation of terms and conditions of any clause(s) thereof shall be dealt
with as provided hereinafter:
(i) Through Mediation: All dispute(s), at the first instance, shall be referred to
the Mediation Committee of Independent Experts (MCIE) or individual
mediator for mediation as per AAI Mediation Policy and applicable laws. All
cost of mediation, shall be borne equally by the parties.
In case either party withdraws from the Mediation or the dispute(s) is not
resolved within 120 days of reference to the Mediation, then the aggrieved party
may invoke arbitration through sub para (ii) within 30 days from the date of
receipt of Partial Settlement Agreement or Failure Report.
Unless the contract has already been repudiated or terminated, the parties
shall, in every case, continue to proceed to perform their respective obligations
under the agreement.
Fee payable to the Arbitrator(s) shall be as per Schedule-IV of the Arbitration &
Conciliation Act, 1996 and shall be borne by both the parties equally.
CLAUSE 26
Contractor to The contractor shall fully indemnify and keep indemnified the Chairman AAI
indemnify against any action, claim or proceeding relating to infringement or use of any
AAI against patent or design or any alleged patent or design rights and shall pay and royalties
Patent Rights which may be payable in respect of any article or part thereof included in the
contract. In the event of any claims made under or action brought against AAI in
respect of any such matters as aforesaid, the contractor shall be immediately
notified 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 AAI 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.
CLAUSE27
Lump sum When the estimate on which a tender is made, includes lump sum in respect of
Provisions parts of the work, the contractor shall be entitled to payment in respect of the
in Tender items of work involved or the part of the work in question at the same rates as are
payable under this contract for such items ,or if the part of work in question is
not, in the opinion of the Engineer-in-Charge payable 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 against the contractor with regard to any sum or sums payable to
him under the provision of the clause.
CLAUSE28
Action where In the case of any class of work for which there is no such specifications as
no referred to in Clause 11, such work shall be carried out in accordance with the
specifications Bureau of Indian Standards Specifications. In case there are no such
are specified specifications in Bureau of Indian Standards, the work shall be carried out as per
manufacturers’ specifications.
In case there are no such specifications as required above, the work shall be
carried out in all respects in accordance with the instructions and requirements of
the Engineer-in-Charge.
CLAUSE29
With-holding i. Whenever any claims for payment of a sum of money arises out of or under
and lien in the contract or against the contractor, the Engineer-in-Charge or the AAI shall
respect of be entitled to withhold and also have a lien to retain such sum or sums in
sums due from whole or in part from the security, if any deposited by the contractor and for
contractor the purpose aforesaid, the Engineer-in-Charge or the AAI shall be entitled to
withhold the security deposit if any, furnished as the case may be and also
have a lien over the same pending finalization or adjudication of any such
claim. In the event of the security being insufficient to cover the claimed
amount or amounts or if no security has been taken from the contractor, the
Engineer-in-Charge or the AAI shall be entitled to withhold and have lien to
retain to the extent of such claimed amount or amounts referred to above
from any sum or sums found payable or which may at any time thereafter
become payable to the contractor under the same contract or any other
contract with the Engineer-in Charge of the AAI or any contracting person
through the Engineer-in-Charge pending finalization of adjudication of any
such claim.
It is an agreed term of the contract that the sum of money or moneys so
withheld or retained under the lien referred to above by the Engineer-in-
Charge or AAI will be kept withheld or retained as such by the Engineer-in-
Charge or AAI till the claim arising out of or under the contract is determined
by the arbitrator. (if the contract is governed by the arbitration clause) or by
the competent court, as the case may be and that the contractor will have no
claim for interest or damages whatsoever on any account in respect of such
withholding or retention under the lien referred to above and duly notified as
such to the contractor. For the purpose of this clause, where the contractor is a
partnership firm or a limited company, the Engineer-in-Charge or the AAI
shall be entitled to withhold and also have a lien to retain towards such
claimed amount or amounts in whole or in part from any sum found payable
to any partner/limited company as the case may be, whether in his individual
capacity or otherwise.
ii. AAI shall have the right to cause an audit and technical examination of the
works and the final bills of the contractor including all supporting vouchers,
abstract, etc,. to be made after payment of the final bill and if as a result of
such audit and technical examination any sum is found to have been overpaid
in respect of any work done by contractor under the contract or any work
claimed to have been done by the him under the contract and found not to
have been executed, the contractor shall be liable to refund the amount of
over payment and it shall be lawful for AAI to recover the same from him in
the manner prescribed in sub-clause (i) of this clause 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 AAI to
the contractor, without any interest there on whatsoever.
Provided that the AAI shall not be entitled to recover any sum overpaid, nor
the contractor shall be entitled to payment of any sum paid short where such
payment has been agreed upon between the Executive Director Engineering /
General Manager Engineering on the one hand and the contractor on the other
under any term of the contract permitting payment for work after assessment
by the Executive Director Engineering / General Manager Engineering.
CLAUSE 29 A
Lien in respect i. Any sum of money due and payable to the contractor (including the security
of claims in deposit refundable to him) under the contract may be withheld or retained by
other Contracts way of lien by the Engineer-in-Charge or the AAI or any other contracting
person or persons through Engineer-in-Charge against any claim of the
Engineer-in-Charge or AAI or such other person or persons in respect of
payment of a sum of money arising out of or under any other contract made
by the contractor with the Engineer-in-Charge or the AAI or with such other
person or persons.
ii. It is an agreed term of the contract that the sum of money so withheld or
retained under this clause by the Engineer-in-Charge or the AAI will be kept
withheld or retained as such by the Engineer-in-Charge or the AAI or till his
claim arising out of the same contract or any other contract is either mutually
settled or determined by the arbitration clause or by the competent court, as
the case may be and that the contractor shall have no claim for interest or
damages whatsoever on this account or on any other ground in respect of any
sum of money withheld or retained under this clause and duly notified as such
to the contractor.
CLAUSE 30
Employment of i. The contractor shall not employ coal mining or controlled area labour falling
coal mining or under any category whatsoever or in connection with the work or recruit
controlled area labour from area within a radius of 32 km (20 miles) of the controlled area.
labour not Subject as above the contractor shall employ imported labour only i.e.,
permissible deposit imported labour or labour imported by contractors from area, from
which import is permitted.
ii. Where ceiling price for imported labour has been fixed by State or Regional
Labour Committees not more than that ceiling price shall be paid to the
labour by the contractor.
iii. The contractor shall immediately remove any labourer who may be pointed
CLAUSE 31
Unfiltered The contractor(s) shall make his/their own arrangements for water required for
water supply the work and nothing extra will be paid for the same. This will be subject to the
following conditions.
i. That the water used by the contractor (s) shall be fit for construction purposes
to the satisfaction of the Engineer-in-Charge.
ii. The Engineer-in-Charge shall make alternative arrangements for supply of
water at the risk and cost of contractor (s) if the arrangements made by the
contractor (s) for procurement of water are in the opinion of the Engineer-in-
Charge, unsatisfactory.
CLAUSE 31A
Departmental Water if available may be supplied to the contractor by the department subject to
water supply, if the following conditions:-
available i. The water charges @1% shall be recovered on gross amount of the work
done.
ii. The contractor(s) shall make his/their own arrangement of water connection
and laying of pipelines from existing main of source of supply.
iii. The Department do not guarantee to maintain uninterrupted supply of water
and it will be incumbent on the contractor (s) to make alternative
arrangements for water at his/their own cost in the event of any temporary
break down in the AAI’s water main so that the progress of his/their work is
not held up for want of water. No claim of damage or refund of water charges
will be entertained on account of such break down.
CLAUSE 32
Alternate water i. Where there is no piped water supply arrangement and the water is taken by the
arrangements contractor from the wells or hand pump constructed by the AAI, no charge
shall be recovered from the contractor or that account. The contractor shall,
however, draw water at such hours of the day that it does not interfere with the
normal use for which the hand pumps and well are intended. He will also be
responsible for all damage and abnormal repairs arising out of his use, the cost
of which shall be recoverable from him. The Engineer-in-Charge shall be
the final authority to determine the cost recoverable from the
contractor on this account and his decision shall be binding on the contractor.
ii. The contractor shall be allowed to construct temporary wells in AAI land for
taking water for construction purposes only after he has got permission of the
Engineer-in-Charge in writing. No charges shall be recovered from the
contractor on this account but the contractor shall be required to provide
necessary safety arrangements to avoid any accidents or damage to adjacent
buildings, roads and service lines. He shall be responsible for any accidents or
damage caused due to construction and subsequent maintenance of the wells
and shall restore the ground to its original condition after the wells are
dismantled on completion of the work.
CLAUSE33
Return of Notwithstanding anything contained to the contrary in this contract, where any
Surplus materials for the execution of the contract are procured with the assistance of
materials AAI either by issue from AAI stocks or purchase made under orders or permits or
licenses issued by AAI, the contractor shall hold the said materials economically
and solely for the purpose of the contract and not dispose of them without the
written permission of the AAI and return, if required by the engineer-in-Charge,
all surplus or unserviceable materials that may be left with him after the
completion of the contract or at its termination for any reason whatsoever on
being paid or credited such prices as the Engineer-in-Charge shall determine
having due regard to the condition of the materials. The price allowed to the
contractor however shall not exceed the amount charged to him excluding the
element of storage charges. The decision of the Engineer-in-Charge shall be final
and conclusive. In the event of breach of the aforesaid condition, the contractor
shall in addition to throwing himself open to action for contravention of the terms
of the license or permit and / or for criminal breach of trust, be liable to AAI for
allmoneys,advantagesorprofitsresultingorwhichintheusualcoursewould
have resulted to him by reason of such breach.
CLAUSE34
Hire of plant & i. The Contractor shall arrange at his own expense all tools, plant, machinery and
Machinery equipment(hereinafter referred to as T&P) required for execution of the work
except for the Plant & Machinery listed in Schedule ‘C’ and stipulated for
issue to the contractor. If the contractor requires any item of T&P on hire from
the T&P available with the AAI over and above the T&P stipulated for issue,
the AAI will, if such item is available, hire it to the contractor at rates to be
agreed upon between him and the Engineer-in-charge. In such a case, all the
conditions hereunder for issue of T & P shall also be applicable to such T&P
as is agreed to be issued.
ii. Plant & Machinery when supplied on hire charges shown in Schedule ‘C’ shall
be made over and taken back at the departmental equipment yard / shed shown
in Schedule ‘C’ and the contractor shall bear the cost of carriage from the
place of issue to the site of work and back. The contractor shall be responsible
to return the plant and machinery with condition in which it was handed over
to him, and he shall be responsible for all damage caused to the said plant and
machinery at the site of work or elsewhere in operation and otherwise during
transit including damage to or loss of plant and for all losses due to his failure
to return the same soon after the completion of the work for which it was
issued. The Engineer-in-charge shall be the sole judge to determine the
liability of the contractor and its extent in this regard and his decision shall be
final and binding on the contractor.
iii. The plant and machinery as stipulated above will be issued as and when
available and if required by the contractor. The contractor shall arrange his
programme of work according to the availability of the plant and machinery
and no claim, whatsoever, will be entertained from him for any delay in supply
by the department.
iv. The hire charges shall be recovered at the prescribed rates from and inclusive
of the date the plant and machinery made over upto and inclusive of the date of
the return in good order even though the same may not have been working for
any cause except major breakdown due to no fault of the contractor or faulty
use requiring more than three working days continuously (excluding
intervening holidays and Sundays) for bringing the plant in order. The
contractor shall immediately intimate in writing to the Engineer-in-charge
when any plant or machinery gets out of order requiring major repairs as
aforesaid. The Engineer-in- charge shall record the date and time of receipt of
such intimation in the log sheet of the plant or machinery. Based on this if the
breakdown before lunch period or major breakdown will be computed
considering half a day’s breakdown on the day of complaint. If the breakdown
occurs in the post lunch period of major breakdown will be computed starting
from the next working day. In case of any dispute under this clause, the
decision of the Executive Director (Engg) /General Manager (Engg) shall be
final and binding on the contractor.
v. The hire charges shown above are for each day of 8 hours (inclusive of the one
hour lunch break) or part thereof.
vi. Hire charges will include service of operating staff as required and also supply
of lubricating oil and stores for cleaning purposes. Power fuel of approved
type, firewood, kerosene oil etc. for running the plant and machinery and also
the full time chowkidar for guarding the plant and machinery against any loss
or damage shall be arranged by the contractor who shall be fully responsible
for the safeguard and security of plant and machinery. The contractor shall on
or before the supply of plant and machinery sign an agreement indemnifying
the Department against any loss or damage caused to the plant and machinery
either during transit or at site of work.
vii. Ordinarily, no plant and machinery shall work for more than 8 hours a day
inclusive of one hour lunch break. In case of an urgent work however, the
Engineer-in charge may, at his discretion, allow the plant and machinery to
be worked for more than normal period of 8 hours a day. In that case, the
hourly hire charges for overtime to be borne by the contractor shall be 50%
more than the normal proportionate hourly charges (1/8th of the daily
charges) subject to a minimum of half day’s normal charges on any
particular day. For working out hire charges for over time, a period of half
an hour and above will be charged as one hour and a period of less than half
an hour will be ignored.
viii. The contractor shall release the plant and machinery every seventh day for
periodical servicing and / or wash out which may take about three to four
hours or more. Hire charges for full day shall be recovered from the
contractor for the day of servicing / wash out irrespective of the period
employed in servicing.
ix. The plant and machinery once issued to the contractor shall not be returned
by him on account of lack of arrangements of labour and materials, etc. on
his part, the same will be returned only when they are required for major
repairs or when in the opinion of the Engineer-in-charge, the work or a
portion of work for which the same was issued is completed.
x. Log Book for recording the hours of daily work for each of the plant and
machinery supplied to the contractor will be maintained by the Department
and will be countersigned by the contractor or his authorised agent daily. In
case the contractor contests the correctness of the entries and / or fails to sign
the Log Book, the decision of the Engineer-in-charge shall be final and
binding on him. Hire charges will be calculated according to the entries in
the Log Book and will be binding on the contractor. Recovery on account of
hire charges for road rollers shall be made for the minimum number of days
worked out on the assumption that a roller can consolidate per day and
maximum quantity of materials or area surfacing as noted against each in the
annexed statement (see attached annexure).
xi. In the case of concrete mixers, the contractors shall arrange to get the hopper
cleaned and the drum washed at the close of the work each day or each
occasion. (a) In case rollers for consolidation are employed by the contractor
himself, log book for such rollers shall be maintained in the same manner as
is done in case of departmental rollers, maximum quantity of any items to be
consolidated for each roller-day shall also be same as in Annexure to Clause
34(x). For less use of rollers, recovery for the less roller days shall be made
at the stipulated issue rate.
xii. The contractor shall be responsible to return the plant and machinery in the
condition in which it was handed over to him and he shall be responsible for
all damage caused to the said plant and machinery at the site of work or
elsewhere in operation or otherwise or during transit including damage to or
loss of parts, and for all losses due to his failure to return the same soon after
the completion of the work for which it was issued. The Engineer-in-charge
shall be the sole judge to determine the liability of the contractor and its
extent in this regard and his decision shall be final and binding on the
contractor.
xiii. The contractor will be exempted from levy of any hire charges for the
number of days he is called upon in writing by the Engineer-in-charge to
suspend execution of the work, provided AAI’s plant and machinery in
question have, in fact, remained idle with the contractor because of the
suspension.
xiv. In the event of the contractor not requiring any item of plant and machinery
issued by AAI though not stipulated for issue in Schedule ‘C’ any time after
taking delivery at the place of issue, he may return it after two days written
notice or at any time without notice if he agrees to pay hire charges for two
additional days without, in any way, affecting the right of the Engineer-in-
charge to use the said plant and machinery during the said period of two
days as he likes including hiring out to a third party.
CLAUSE 35
Condition i. The contractor undertakes to make arrangement for the supervision of the
relating to use work by the firm supplying the tar or bitumen used.
of asphaltic ii. The contractor shall collect the total quantity of tar or bitumen required for
materials the work as per standard formula, before the process of painting is started
and shall hypothecate it to the Engineer-in-Charge. If any bitumen or tar
remains unused on completion of the work on account of lesser use of
materials in actual execution of for reasons other than authorised changes of
specifications and abandonment of portion of work, a corresponding
deduction equivalent to the cost of unused materials as determined by the
Engineer-in-Charge shall be made and the material return to the contractors.
Although the materials are hypothecated to AAI, the contractor undertakes
the responsibility for their proper watch, safe custody and protection against
all risks. The materials shall not be removed from site of work without the
consent of the Engineer-in-Charge in writing.
iii. The contractor shall be responsible for rectifying defects noticed within a
year from the date of completion of the work and the portion of the security
deposit relating asphaltic work shall be refunded after the expiry of this
period.
CLAUSE 36
ii. The contractor shall provide and employ on the site only such technical
assistants as are skilled, and experienced in their respective fields and such
foremen and supervisory staff as are competent to give proper supervision to
the work. The contractor shall provide and employ skilled, semi-skilled and
unskilled labour as is necessary for proper and timely execution of the work.
The Engineer-in-Charge shall be at liberty to object to and require the
contractor to remove from the works any person who in his opinion
misconducts himself, or is incompetent or negligent in the performance of
his duties or whose employment is otherwise considered by the Engineer-in
Charge to be undesirable. Such person shall not be employed again at works
site without the written permission of the Engineer-in-Charge and the
persons so removed shall be replaced as soon as possible by competent
substitutes.
iii. The contractor shall not change his engineer/supervisory staff after approval
of the Engineer-In-Charge. If Contractor wants to replace any of his staff
due to unavoidable circumstances, he will seek permission of Engineer-In-
Charge indicating reasons for such change, qualification and experience of
the alternative employee suggested by him. The qualification and experience
of the alternative staff shall not be inferior to the person employed earlier.
CLAUSE 37
Levy/Taxes/ 1. Taxes:
Royalty/ Land
a. Rates to be quoted by the parties should be inclusive of all taxes, duties,
License fee
CESS, fee, royalty charges etc. levied under any statute but exclusive of
payable by
GST for all the items
Contractor
b. However GST, as applicable, shall be paid to the contractor, for any
taxable supply / services / construction rendered by the agency to AAI,
against a valid GST invoice as per terms and conditions of the contract.
c. In case supplies / services / works involve imports; the same should be
identified separately. Basic Custom Duty & IGST will be paid directly by
AAI by utilizing EPCG license / Duty Credit Scrip under Service Export
from India Scheme (SEIS) of Govt. of India.
2. Royalty:
a. The contractor shall at his own expense, provide all materials required for
the works other than those which are to be supplied by AAI. The
contractor shall deposit royalty and obtain necessary permit for
collection of stone, sand, red bajri, kankar etc. from the local authority in
the matter and will abide by the notification issued by Central Govt. /
State Government / Local State Authorities as applicable from time to
time in this regard. The contractor is also bound to allow deduction from
his bills any difference in statutory taxes/royalty and penalty proposed by
Local State Authorities to AAI till finalization of settlement of all
demands in this regard by Central / State Govt.
b. This will also be applicable to forest produce.
c. If pursuant to or under any law, notification or order any royalty, cess or
the like becomes payable by the AAI and does not any time become
payable by the contractor to the State Government. Local authorities in
respect of any material used by the contractor in the works then in such a
case, it shall be lawful to the AAI and it will have the right and be
entitled to recover the amount paid in the circumstances as aforesaid
from dues of the contractor.
3. License fee for land
a. Land/space (paved/unpaved/Covered-AC or Non-AC), to the extent allotted to
contractor during execution of work for the purpose of installation of plants,
labour camps cement godown, site office, stacking of materials shall be
provided at free of cost upto defect liability period/maintenance period.
b. A Security deposit at the rate of Rs. 500/- per sqm in the form of DD/BG shall
be deposited by the contractor. In case contractor do not deposit security deposit
same shall be deducted from 1st Running Account Bill.
c. Such security deposit shall be released only after allotted land has been fully
vacated by the contractor to entire satisfaction of Engineer-in- Charge. If
contractor fails to vacate the allotted land/space (paved/unpaved/covered-
AC/Non-AC) after Defect Liability Period/Maintenance period of the work
shall be charged as per prevailing license fee of the airport plus 25% penalty
over that.
CLAUSE 38
Conditions for 1.Rates to be quoted by the parties should be inclusive of all taxes, duties, CESS,
reimbursement fee, royalty charges etc. levied under any statute applicable on last stipulated
of levy/taxes if date of receipt of tender including extension if any but exclusive of GST. No
levied after adjustment i.e. increase or decrease shall be made for any variation in the rate of
receipt of GSI Building and Other Construction Workers Welfare Cess or any tax, levy or
tenders Cess applicable on inputs.
However, effect of variation, as per Govt. order after the last date of receipt of
tender including extension if any, in rates of GST or Building and Other
Construction Workers Welfare Cess or imposition or repeal of any other tax, levy
or Cess applicable on output of the works contract shall be adjusted on either side,
increase or decrease.
Provided further that for Building and Other Construction Workers Welfare Cess
or any tax (other than GST), levy or Cess varied or imposed after the last date of
receipt of tender including extension if any, any increase shall be reimbursed to
the contractor only if the contractor necessarily and properly pays such increased
amount of taxes / levies / Cess.
Provided further that such increase in tax / levy / Cess including GST shall not
reimbursed if made in the extended period of contract for which the contractor
2. The contractor shall keep necessary books of accounts and other documents for
the purpose of this condition as may be necessary and shall allow inspection of
the same by a duly authorised representative of AAI or the Engineer-in-Charge
and further shall furnish such other information /document as the Engineer-in-
Charge may require from time to time.
3. The contractor shall, within a period of 30 days of the imposition of any such
further tax or levy or Cess, give a written notice thereof to the Engineer-in-
charge that the same is given pursuant to the condition, together with all
necessary information / documents relating thereto.
CLAUSE39
Termination of Without prejudice to any of the rights or remedies under this contract, if the
contract on contractor dies, the Engineer-in-charge on behalf of the AAI shall have the option
death of of terminating the contract without compensation to the contractor.
contractor
CLAUSE40
If relative The contractor shall not be permitted to tender for works in AAI wherein his near
working in AAI relative is posted as an Officer responsible for award and execution of work. He
then the shall also intimate the names of persons who are working with him in any
contractor not capacity or / are subsequently employed by him and who are near relatives to any
allowed to officer of AAI. Any breach of this condition by the Contractor would render him,
tender. the contract liable to be rejected at any stage.
NOTE: By the term “near relatives” is meant wife, husband, parents and grand
parents, children and grandchildren, brothers and sisters, uncles, aunts and
cousins and their corresponding in-laws.
CLAUSE41
CLAUSE 41(a)
Integrity Pact Signing of Integrity Pact (As per Appendix XVIII) is mandatory for every
and bidder/contractor if provided so in Schedule F.
Independent All tenderers shall have to submit an undertaking as per Appendix XVIII along
External with tender documents. AAI shall appoint Independent External Monitor(s) to
Monitor. oversee effective implementation of Integrity Pact for such works / supplies. For
this purpose, a panel of Independent External Monitors shall be constituted by the
Authority in concurrence with Central Vigilance Commission (CVC).
i. The Contractor / Supplier shall have to act in accordance with theconditions
laid down in the integritypact.
a. Signing of Integrity Pact is mandatory for every Bidder / Contractor in
this procurement / bid process the signed original pact to be send to
the office of Bid Manager and should reach before the due date
mentioned inNIT.
b. The Bidder / contractor shall commit itself to ensure taking all
measures necessary to prevent corrupt practices, unfair means and
illegal activities during any stage of its bid or during any pre-contract
or post-contract stage as specified in section 3 of the integritypact.
c. Any breach of the aforesaid provisions by the Bidder or any one
employed by it or acting on its behalf (whether with or without the
knowledge of the Bidder) shall entitle the authority to take all or any
one of the action as specified in section 6 of the integritypact.
ii. In case any violation of above conduct is established, AAI reserves right to
take followingactions.
a. If contractor commits a violation of its commitments and obligations
under the Integrity Pact Program during bidding process, he shall be
liable for disqualification from tender process and forfeiture of his
Earnest Money Deposit / BidSecurity.
b. In case of violation of the Integrity Pact after award of the contract,
Authority is entitled to terminate the contract and shall be entitled to
demand and recover from the contractor damages equivalent to 5% of
the contract value or the amount equivalent to Security Deposit or
Performance Bank Guarantee, whichever is higher.
c. Authority may initiate appropriate proceedings against the contractor.
d. Contractor will be liable to pay damages as determined by the
Authority.
e. Contractor against whom an action for violation of its commitments
and obligations has been taken earlier again commits a violation, the
Authority is entitled to debar such contractor for future tender /
contract processes for a period as deemed fit.
f. A violation is considered to have occurred if the Authority is fully
satisfied with the available documents and evidence submitted along-
with Independent External Monitor’s recommendations / suggestions
that no reasonable doubt exist in the matter.
iii. Person signing IP shall not approach the Courts while representing the
matters to IEMs and he / she will await their decision in the matter.
CLAUSE42
Return of i. After completion of the work and also at any intermediate stage in the event
material and of non-reconciliation of materials issued, consumed and in balance – (see
recovery for Clause 10), Theoretical quantity of materials issued by the AAI for use in the
excess material work shall be calculated on the basis and method given hereunder;
issued. a. Quantity of cement & bitumen shall be calculated on the basis of
quantity of cement & bitumen required for different items of work as
shown in the Schedule of Rates mentioned in Schedule ‘F’. In case any
item is executed for which standard co-efficient for the consumption of
cement or bitumen are not available in the above mentioned schedule /
statement or cannot be derived from the same shall be calculated on the
basis of standard formula to be laid down by the Engineer-in-Charge.
b. Theoretical quantity of steel reinforcement or structural steel sections
shall be taken as the quantity required as per design or as authorised by
Engineer-in- Charge, including authorised lap pages, chairs etc. plus 3%
wastage due to cutting into pieces, such theoretical quantity being
determined and compared with the actual issues each diameter-wise,
section wise and category wise separately.
c. Theoretical quantity of G.I. & C.I. or other pipes, conduits, wires
and cables pig lead and G.I. / M.S. sheets shall be taken as quantity
actually required and measures plus 5% for wastage due to cutting into
pieces (except in the case of G.I./M.S. sheets it shall be 10%), such
determination & comparison being made diameter-wise & category-
wise.
d. For any other material as per actual requirements.
ii. Over the theoretical quantities of materials so computed a variation shall be
allowed as specified in Schedule ‘F’. The difference in the net quantities of
material actually issued to the contractor and the theoretical quantities
including such authorised variation, if not returned by the contractor or if not
fully reconciled to the satisfaction of the Engineer-in-Charge within fifteen
days of the issue of written notice by the Engineer-in-Charge to this effect
shall be recovered at the rates specified in Schedule ‘F’, without prejudice to
the provision of the relevant conditions regarding return of materials
governing the contract. Decision of Engineer-in-Charge in regard to
theoretical quantities of materials, which should have been actually used as
per the Annexure of the standard schedule of rates and recovery at rates
specified in Schedule ‘F’ shall be final and binding on the contractor. For
non scheduled items, the decision of the Engineer – in - charge regarding
theoretical quantities of materials which should have been actually used,
shall be final and binding on the contractor.
g. The said action under this clause is without prejudice to the right of the AAI
to take action against the contractor under any other conditions of contract
for not doing the work according to the prescribed specifications.
h. For materials brought by the contractor for use in item of work at site,
similar theoretical consumption shall be prepared and submitted to the
Engineer-in-Charge for verification. If it is found that material consumed in
the work is less than the theoretical consumption after taking into account
permissible minus variation, the recovery for corresponding material shall be
effected as per rates specified in schedule ‘F’ under Clause 42.
CLAUSE43
Compensation The work (whether fully constructed or not) and all materials, machines, tools
during warlike and plants scaffolding, temporary buildings and other things connected therewith
situations / act shall be at the risk of the contractor until the work has been delivered to the
of terrorism Engineer-in-Charge and a certificate from him to that effect obtained. In the event
of the work or any materials properly brought to the site for incorporation in the
work being damaged or destroyed in consequence of hostilities or warlike
operation or act of terrorism, the contractor shall when ordered (in writing) by the
Engineer-in-Charge to remove any debris from the site, collect and properly stack
or remove in store all serviceable materials salvaged from the damaged work and
shall be paid at the contract rates in accordance with the provision of this
agreement for the work of clearing the site of debris, stacking or removal of
serviceable material and for reconstruction of all works ordered by the Engineer-
in-Charge, such payments being in addition to compensation upto the value of the
work original executed before being damaged or destroyed and not paid for.
In case of works damaged or destroyed but not already measured and paid for, the
compensation shall be assessed by the Engineer-in charge upto Rs.5,000/- and by
the Executive Director Engg. concerned for a higher amount. The contractor shall
be paid for the damages / destruction suffered and for restoring the material at the
rate based on analysis of rates tendered for in accordance with the provision of
the contract. The certificate of the Engineer-in- Charge regarding the quality and
quantity of materials and the purpose for which they were collected shall be final
and binding on all parties to this contract.
Provided always that no compensation shall be payable for any loss in
consequence of hostilities or warlike operation (a) unless the contractor had taken
all such precautions against air raid as are deemed necessary by the A.R.P.
Officers or the Engineer-in- Charge (b) for any material etc. not on the site of the
work or for any tools plant, machinery, scaffolding, temporary building and other
things not intended for the work.
In the event of the contractor having to carry out reconstruction as aforesaid, he
shall be allowed such extension of time for its completion as is considered
reasonable by the Engineer – in - charge.
CLAUSE44
Apprentices The contractor shall comply with the provisions of the Apprentices Act, 1961 and
Act provisions the rules and orders issued thereunder from time to time. If he fails to do so, his
to be complied failure will be a breach of the contract and the Executive Director Engg. / General
with Manager (Engg.) may, in his discretion, cancel the 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.
CLAUSE45
Release of Security Deposit of the work shall not be refunded till the contractor produces a
security deposit clearance certificate from the Labour Officer. As soon as the work is virtually
after labour complete the contractor shall apply for the clearance certificate to the Labour
clearance Officer under intimation to the Engineer-in-Charge. The Engineer-in-Charge, on
receipt of the said communication, shall write to the Labour Officer to intimate if
any complaint is pending against the contractor in respect of the work. If no
complaint is pending, on record till after 3 months after completion of the work
and / or no communication is received from the Labour Officer to this effect till
six months after the date of completion, it will be deemed to have received the
clearance certificate and the Security Deposit will be released if otherwise due.
CLAUSE 46
Contractor’s i. From commencement to completion of the Works, the Contractor shall take
Liability and full responsibility for the case thereof and for taking precautions to prevent
Insurance of loss or damage and to minimize loss or damage to the greatest extent
Works possible and shall be liable for any damage or loss that may happen to the
Works or any part thereof and all AA l’s T & P from any cause whatsoever
(save and except the Excepted Risks) and shall at his own cost repair and
make good the same so that at completion, the Works and all AAI’s T & P
shall be in good order and condition and in conformity in every respect with
the requirements of the Contract and instructions of the Engineer-in-Charge.
ii. In the event of any loss or damage to the Works or any Part thereof or to any
T & P, to any material or articles at the Site from any of the Excepted Risks
the following provisions shall have effect:
a. The Contractor shall, as may be directed in writing by the Engineer-in-
Charge, remove from the Site any debris and so much of the works as
shall have been damaged, taking to AAI’s store such AAI’s T & P,
articles and/or materials as may be directed;
b. The contractor shall, as may be directed in writing by the Engineer-in-
Charge, proceed with the erection and completion of the Works under
and in accordance with the provisions and Conditions of the Contract;
and
iii. Provided always that the Contractor shall not be entitled to payment under
the above provisions in respect of so much loss or damage as has been
occasioned by any failure on his part to perform his obligation under the
Contract or not taking precautions to prevent loss or damage or minimize the
amount of such loss or damage.
iv. Without limiting its obligations and responsibilities under other clauses of
GeneralConditionsofContracts,thecontractorathisowncostshallinsure
,in the joint name of AAI and the contractor, against all losses or damages
from whatever cause, arising (other than the accepted risks )for which he is
responsible under the terms of the contract and in such manner that the AAI
and the contractor are covered during the period of construction of works
and any loss or damage occasioned by the contractor in the course of any
operation carried out by them for the purpose of complying with its
obligations of defects liability clause hereof;
a. All works including temporary works to their full value executed from
time to time.
b. The construction materials and equipments to their full value brought on
to the site by the contractor.
v. The Contractor shall indemnify and keep indemnified AAI against all losses
and claims for injuries or damage to any persons or any property whatsoever
which may arise out of or in consequence of the construction and
maintenance of Works and against all claims, demands proceedings, damage
costs, charges and expenses whatsoever in respect of or in relation thereto.
vi. Before commencing execution of the work, the Contractor shall, without in
any way limiting his obligations and responsibilities under this condition,
insure at his own cost against any damage, loss or injury which may occur to
any AAI property, or to any person for at least the minimum amount of
Rs. 1.00 lakh with unlimited number of occurrences (including any
employee of AAI) by or arising out of carrying out of the Contract.
vii. The contractor shall at all times indemnify AAI against all claims, damages
or compensation under the provisions of Payment or Wages Act,1936,
CLAUSE 47
Composite i. The tenders have been called for composite work consisting of civil
Contract and construction and other associated specialized works. The pre-qualification
responsibilities criteria shall be applicable for each subhead of work independently. The
of main agency agency meeting PQ criteria for the main work shall be considered for
execution of composite work. However the agency shall be allowed to
execute only those specialized subheads of works for which bidder meet PQ
criteria individually.
ii. The main contractor shall be permitted to execute only those works (covered
under one or more subhead) for which he meets all requirements of pre-
qualification including financial, technical and technological requirement
specified in the PQ criteria.
iii. Main contractor will associate expert agencies for the execution of
specialized works under various subheads for which he himself has failed to
meet PQ criteria. In such case he will appoint his associate for the execution
of each specialized work with the approval of the NIT approving authority.
The main contractor shall intimate the names of only those agencies who
fully meet the PQ criteria for each specialized work for the acceptance of the
department.
iv. Main contractor shall not be permitted to change their associate agencies in
the course of execution of work. If change of agency is inevitable then a
request shall be submitted to the engineer-in-charge in writing giving full
justification for change of agency. The proposal should include name of the
alternate agency along with his financial, technical capabilities and work
experience in the appropriate field. Such change shall be allowed only
after receiving approval from the competent authority.
Composite This clause is applicable for the works for which the estimated cost put to
contract- tender is more than Rs.500.00 crores.
Tripartite i. The main contractor shall finalise his rates, terms and conditions and mode of
agreement execution of work with specialised agencies for all works covered in various
subhead of works on receipt of work order but specifications, preferred
makes of materials and performance of system shall remain as specified in
tender document.
ii. The main contractor shall arrange an agreement between department, main
contractor and associated agencies for all subheads on receipt of work order
from the engineer-in-charge. Main contractor and expert agency shall be
jointly responsible for quality of work and performance of the system.
iii. Main contractor shall submit list of associated agency for each specialized
work within 1/12th of stipulated completion period or within one month from
issue of work order whichever is later along with documentary evidence for
financial soundness, technical capabilities and their experience for executing
similar specialized works along with his application seeking acceptance for
the name of associated agency. Approval / rejection for the name of
associated agency shall be accorded thereafter by NIT approving authority
within a period of 15 days each sub head wise.
iv. The main contractor shall submit duly signed tripartite agreement on the
format provided by AAI within 2/12th of stipulated completion period or 60
days whichever is later for acceptance and signature of department. The
extension of time for signing of this agreement shall not be generally
permitted. The signing time shall only be extended if handing over of site is
delayed due to reasons beyond control of the contractor.
Conditions of i. Main contractor shall be responsible for submission of earnest money.
composite ii. The mobilization advance shall be paid to main contractor as per terms and
contract conditions of contract and indicated under Clause 10 B. The first installment
of mobilization advance shall be corresponding to the value of work which
shall be executed by the main contractor. The subsequent mobilization
advances corresponding to value of work covered in each subhead shall be
released on signing of each Tripartite Agreement with expert agency for the
same.
iii. The security deposit shall be deducted from the running bills of main
Clause 48
Escrow i. All payments for the works estimated cost more than Rs.500 Cr shall be
Account made only through Escrow Account opened by the contractor. However for
works costing less than Rs.500 Cr., it shall be at the discretion of Technical
Sanctioning authority to opt for Escrow account or not. The bank charges for
Escrow Account shall be borne by contractor. The detailed conditions of
Escrow Account shall be drawn in consultation with associated bank.
ii. Mobilization advance for mobilization of resources and purchase of plant &
machinery shall be credited directly to the escrow account opened for this
contract through bank transfer as per terms and condition of contract. The
agency shall be able to utilize 25% (or as decided by TS authority) of each
installment of mobilization advance to meet minor expenses like
construction of site office, purchase of office equipment and other minor
works, while release of balance 75% fund shall be regulated by the
department. The contractor shall seek prior concurrence of Engineer-in
Charge for release of payment to the supplier etc. through Escrow Account
by the Bank. Funds against cheque issued by contractor shall be released by
Bank on receipt of written consent from Engineer-in Charge.
iii. Payment received and credited against each RA Bill, can be utilized 25%
directly by the contractor for minor expenses like salary, stationary, office
expenses etc. AAI shall exercise control for release of payment by contractor
for balance75%.
iv. The Contractor shall submit his proposal to the Engineer-in-
Charge/Authority for utilization of funds made available by AAI(75%
against each RA bill)
Note : In case of difference or ambiguity in Hindi and English version anywhere, the
English version will prevail.
SAFETY CODE
1. Suitable Scaffolds should be provided for workmen for all works that cannot safely be done
from the ground, or from solid construction except such short period work as can be done
safely from ladders. When a ladder is used, an extra mazdoor shall be engaged for holding the
ladder and if the ladder is used for carrying materials as well suitable footholds and hand-hold
shall be provided on the ladder and the ladder shall be given an inclination not steeper than ¼
to 1 (¼ horizontal and 1vertical).
2. Scaffolding of staging more than 3.6m (12ft.) above the ground or floor, swung or suspended
from an overhead support or erected with stationary support shall have a guard rail properly
attached or bolted, braced and otherwise secured at least 90 cm. (3ft.) high above the floor or
platform of such scaffolding on staging and extending along the entire length of the outside
and ends thereof with only such opening as may be necessary for the delivery of materials.
Such scaffolding or staging shall be so fastened as to prevent it from swaying from the
building or structure.
3. Working platforms, gangways and stairways should be so constructed that they should not sag
unduly or unequally, and if the height of the platform or the gangway or the stairway is more
than 3.6 m (12ft.) above ground level or floor level, they should be closely boarded, should
have adequate width and should be suitably fastened as described in (2)above.
4. Every opening in the floor of a building or in a working platform shall be provided with
suitable means to prevent the fall of person or materials by providing suitable fencing or
railing whose minimum height shall be 90cm.(3ft.)
5. Safe means of access shall be provided to all working platforms and other working places.
Every ladder shall be securely fixed. No portable single ladder shall be over 9m. (30ft.) in
length while the width between side rails in rung ladder shall in no case be less than 29 cm.
(11 ½ “) for ladder upto and including 3m. (10ft.) in length. For long ladders, this width
should be increased at least ¼” for each additional 30cm. (1 foot) of length. Uniform step
spacing of not more than 30cm shall be kept. Adequate precautions shall be taken to prevent
danger from electrical equipment. No materials on any of the site or work shall be so stacked
or placed as to cause danger or inconvenience to any person or the public. The contractor
shall provide all necessary fencing and lights to protect the public from accident and shall be
bound to bear the expenses of defense of every suit, action or other proceedings at law that
may be brought by any person for injury sustained owing to neglect of the above precautions
and to pay any damages and cost which may be awarded in any such suit, action or
proceedings to any such person on which may, with the consent of the contractor, be paid to
compensate any claim by any such person.
6. a. Excavation and Trenching – All trenches 1.2 m. (4ft.) or more in depth, shall at all times
be supplied with at least one ladder for each 30m. (100ft.) in length or fraction thereof,
Ladder shall extend from bottom of the Trench to at least 90cm (3fts) above the surface of
the ground. The side of the trenches which are 1.5 m. (5 ft.) or more in depth shall be
stepped back to give suitable slope or securely held by timber bracing, so as to avoid the
danger of sides collapsing. The excavated material shall not be placed within 1.5 m. (5 ft.)
of the edges of the trench or half of the depth of the trench whichever is more. Cutting
shall be done from top to bottom. Under no circumstances, undermining or undercutting
shall be done.
i. If the bore well is successful, it should be safely capped to avoid caving and collapse
of the bore well. The failed and the abandoned ones should be completely refilled to
avoid caving and collapse;
ii. During drilling, Sign boards should be erected near the site with the address of the
drilling contractor and the Engineer-in-charge of the work;
iii. Suitable fencing should be erected around the well during the drilling and after the
installation of the rig on the point of drilling, flags shall be put 50 Mtr all around the
point of drilling to avoid entry of people/animals;
iv. After drilling the bore well, a cement platform (0.50 Mtr x 0.50 Mtr x 1.20 Mtr) 0.60
Mtr above ground level and 0.60 Mtr below ground level should be constructed
around the well casing;
v. After the completion of the bore well, the contractor should cap the bore well properly
by welding steel plate, cover the bore well with the drilled wet soil and fix thorny
shrubs over the soil. This should be done even while repairing the pump;
vi. Aftertheborewellisdrilledtheentiresiteshouldbebroughttothegroundlevel;
7. Demolition – Before any demolition work is commenced and also during the progress of the
work,
i) All roads and open areas adjacent to the work site shall either be closed or suitably
protected.
ii) No electric cable or apparatus which is liable to be a source of danger or a cable or
apparatus used by the operator shall remain electrically charged.
iii) All practical steps shall be taken to prevent danger to persons employed from risk of fire
or explosion or flooding. No floor, roof or other part of the building shall be so
overloaded with debris or materials as to render it unsafe.
d) Presence of Oxygen should be verified by lowering a detector lamp into the manhole. In
case, no Oxygen is found inside the sewer line, workers should be sent only with oxygen
kit.
e) Safety belt with rope should be provided to the workers. While working inside the
manholes, such rope should be handled by two men standing outside to enable him to be
pulled out during emergency.
f) The area should be barricaded or condoned off by suitable means to avoid mishaps of any
kind. Proper warning signs should be displayed for the safety of the public whenever
cleaning works are undertaken during night or day.
g) No smoking or open flames shall be allowed near the blocked manhole being cleaned.
h) The malba obtained on account of cleaning of blocked manholes and sewer lines should
be immediately removed to avoid accidents on account of slippery nature of the malba.
i) Workers should not be allowed to work inside the manhole continuously. He should be
given rest intermittently. The Engineer-in-Charge may decide the time upto which a
worker may be allowed to work continuously inside the manhole.
j) Gas masks with Oxygen Cylinder should be kept at site for use in emergency.
k) Air-blowers should be used for flow of fresh air through the manholes. Whenever called
for, portable air blowers are recommended for ventilating the manholes. The Motors for
these shall be vapour proof and of totally enclosed type. Non sparking gas engines also
could be used but they should be placed at least 2 meters away from the opening and on
the leeward side protected from wind so that they will not be a source of friction on any
inflammable gas that might be present.
l) The workers engaged for cleaning the manholes / sewers should be properly trained
before allowing to work in the manhole.
m) The workers shall be provided with Gumboots or non-sparking shoes bump helmets and
gloves non sparking tools safety lights and gas masks and portable air blowers (when
necessary). They must be supplied with barrier cream for anointing the limbs before
working inside the sewerlines.
n) Workmen descending a manhole shall try each ladder stop or rung carefully before
putting his full weight on it to guard against insecure fastening due to corrosion of the
rung fixed to manhole well.
o) If a man has received a physical injury, he should be brought out of the sewer
immediately and adequate medical aid should be provided to him.
p) The extent to which these precautions are to be taken depend on individual situation but
the decision of the Engineer-in-Charge regarding the steps to be taken in this regard in an
individual case will be final.
(vi) The Contractor shall not employ men and women below the age of 18 years on the work
of painting with products containing lead in any form. Wherever men above the age of 18
are employed on the work of lead painting, the following precaution should be taken:-
a) No paint containing lead or lead products shall be used except in the form of paste or
ready made paint.
b) Suitable face masks should be supplied for use by the workers when paint is applied in
the form of spray or a surface having lead paint is dry rubbed and scrapped.
c) Overall shall be supplied by the contractors to the workmen and adequate facilities shall
beprovidedtoenabletheworkingpainterstowashduringandonthecessationofwork.
9. An additional clause (viii)(i) of AAI Safety Code (iv) the Contractor shall not employ women
and men below the age of 18 on the work of painting with product containing lead in any form,
wherever men above the age of 18 are employed on the work of lead painting, the following
principles must be observed for such use:
i) White lead, sulphate of lead or product containing these pigment, shall not be used in
painting operation except in the form of pastes or paint ready for use.
ii) Measures shall be taken, wherever required in order to prevent danger arising from the
application of a paint in the form of spray.
iii) Measures shall be taken, wherever practicable, to prevent danger arising out of from dust
caused by dry rubbing down and scraping.
iv) Adequate facilities shall be provided to enable working painters to wash during and on
cessation of work.
v) Overall shall be worn by working painters during the whole of working period.
vi) Suitable arrangement shall be made to prevent clothing put off during working hours
being spoiled by painting materials.
vii) Cases of lead poisoning and suspected lead poisoning shall be notified and shall be
subsequently verified by medical man appointed by competent authority of AAI.
viii) AAI may require, when necessary medical examination of workers.
ix) Instructions with regard to special hygienic precautions to be taken in the painting trade
shall be distributed to working painters.
10. When the work is done near any place where there is risk of drowning, all necessary
equipments should be provided and kept ready for use and all necessary steps taken for
prompt rescue of any person in danger and adequate provision, should be made for prompt
first aid treatment of all injuries likely to be obtained during the course of the work.
11. Use of hoisting machines and tackle including their attachments, anchorage and supports shall
conform to the following standards or conditions:
i) (a) These shall be of good mechanical construction, sound materials and adequate
strength and free from patent defects and shall be kept repaired and in good working
order.
(b) Every rope used in hoisting or lowering materials or as a means of suspension shall be
of durable quality and adequate strength, and free from patent defects.
ii) Every crane driver or hoisting appliance operator shall be properly qualified and no
person under the age of 21 years should be in charge of any hoisting machine including
any scaffolding winch or give signals to operator.
iii) In case of every hoisting machine and of every chain ring hook, shackle swivel and pulley
block used in hoisting or as means of suspension, the safe working load shall be
ascertained by adequate means. Every hoisting machine and all gear referred to above
shall be plainly marked with the safe working load. In case of a hoisting machine having a
variable safe working load each safe working load and the condition under which it is
applicable shall be clearly indicated. No part of any machine or any gear referred to above
in this paragraph shall be loaded beyond the safe working load except for the purpose of
testing.
iv) In case of departmental machines, the safe working load shall be notified by the Electrical
Engineer-in-Charge. As regards contractor’s machines the contractors shall notify the safe
working load of the machine to the Engineer-in-Charge whenever he brings any
machinery to site of work and get it verified by the electrical Engineer concerned.
12. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting
appliances should be provided with efficient safeguards. Hoisting appliances should be
provided with such means as will reduce to the minimum the risk of accidental descent of the
load. Adequate precautions should be taken to reduce to the minimum the risk of any part of a
suspended load becoming accidentally displaced. When workers are employed on electrical
installations which are already energized, insulating mats, wearing apparel, such as gloves,
sleeves and boots as may be necessary should be provided. The worker should not wear any
rings, watches and carry keys or other materials which are good conductors of electricity.
13. All scaffolds, ladders and other safety devices mentioned or described herein shall be
maintained in safe condition and no scaffold, ladder or equipment shall be altered or removed
while it is in use. Adequate washing facilities should be provided at or near places of work.
14. These safety provisions should be brought to the notice of all concerned by display on a
notice board at a prominent place at work spot. The person responsible for compliance of the
safety code shall be named therein by the contractor.
15. To ensure effective enforcement of the rules and regulations relating to safety precautions the
arrangements made by the contractor shall be open to inspection by the Labour Officer or
Engineer-in- Charge of the department or their representatives.
16. Notwithstanding the above clauses from (1) to (15), there is nothing in these to exempt the
contractor from the operations of any other Act or Rules in force in the Republic of India.
1. APPLICATION
These rules shall apply to all buildings and construction works in charge of AAI in which
twenty or more workers are ordinarily employed or are proposed to be employed in any day
during the period during which the contract work is in progress.
2. DEFINITION
Work place means a place where twenty or more workers are ordinarily employed in
connection with construction work on any day during the period during which the contract
work is in progress.
3. FIRST-AIDFACILITIES
(i) At every work place, there shall be provided and maintained, so as to be easily
accessible during working hours, first-aid boxes at the rate of not less than one box
for 150 contract labour or part thereof ordinarily employed.
(ii) The first-aid box shall be distinctly marked with a red cross on white back ground and
shall contain the following equipment.
(a) For work places in which the number of contract labour employed does not exceed 50
Each first –aid box shall contain the following equipments:
1. 6 small sterilized dressings
2. 3 medium size sterilized dressings
3. 3 large size sterilized dressings
4. 3 large sterilized burn dressings
5. 1 (30 ml) bottle containing a two per cent alcoholic solution of iodine.
6. 1 (30 ml) bottle containing salvolatile having the dose and mode of administration
indicated on the label.
7. 1 snake bite lancet.
8. 1 (30 gms) bottle of potassium permanganate crystals.
9. 1 pair scissors.
10. 1copy of the first-aid leaflet issued by the Director General, Factory Advice
Service and Labour Institute, Government of India.
11. 1 bottle containing 100 tablets (each of 5 gms) of aspirin.
12. Ointment for burns.
13. A bottle of suitable surgical antiseptic solution.
(b) For work places in which the number of contract labour exceed 50. Each first-aid box
shall contain the following equipments.
1. 12 small sterilized dressings.
2. 6 medium size sterilized dressings.
3. 6 large size sterilized dressings
4. 6 large size sterilized burn dressings.
5. 6 (15 gms) packets sterilized cotton wool.
6. 1 (60 ml). Bottle containing wo per cent alcoholic solution iodine.
7. 1 (60 ml) bottle containing salvolatile having the dose and mode of administration
indicated on thelabel.
8. 1 roll of adhesive plaster.
9. 1 snake bite lancet.
10. 1 (30 gms) bottle of potassium permanganate crystals.
11. 1 pair scissors.
12. 1 copy of the first-aid leaflet issued by the Director General Factory Advice Service
and Labour Institute / Government of India.
13. A bottle containing 100 tablets (each of 5 gms) of aspirin.
(iii) Adequate arrangements shall be made for immediate recoupment of the equipment when
necessary.
(iv) Nothing except the prescribed contents shall be kept in the First-aid box.
(v) The first-aid box shall be kept in charge of a responsible person who shall always be readily
available during the working hours of the workplace.
(vi) a person in charge of the First-aid box shall be a person trained in First-aid treatment in the
work places where the number of contract labour employed is 150 or more.
(vii) In work places where the number of contract labour employed is 500 or more and hospital
facilities are not available within easy distance from the works. First-aid posts shall be
established and run by a trained compounder. The compounder shall be on duty and shall be
available at all hours when the workers are at work.
(viii) Where work places are situated in places which are not towns or cities, a suitable motor
transport shall be kept readily available to carry injured person or person suddenly taken ill
to the nearest hospital.
4. DRINKINGWATER
i) In every work place, there shall be provided and maintained at suitable places, easily
accessible to labour, a sufficient supply of cold water fit for drinking.
ii) Where drinking water is obtained from an intermittent public water supply, each work place
shall be provided with storage where such drinking water shall be stored.
iii) Every water supply or storage shall be at a distance of not less than 50 feet from any latrine
drain or other source of pollution. Where water has to be drawn from an existing well
which is within such proximity of latrine, drain or any other source of pollution, the well
shall be properly chlorinated before water is drawn from it for drinking. All such wells shall
be entirely closed in and be provided with a trap door which shall be dust and waterproof.
iv) A reliable pump shall be fitted to each covered well, the trap door shall be kept locked and
opened only for cleaning or inspection which shall be done at least once a month.
5. WASHINGFACILITIES
i) In every work place adequate and suitable facilities for washing shall be provided and
maintained for the use of contract labour employed therein.
ii) Separate and adequate cleaning facilities shall be provided for the use of male and female
workers.
iii) Such facilities shall be conveniently accessible and shall be kept in clean and hygienic
condition.
6. LATRINES ANDURINALS
i) Latrines shall be provided in every work place on the following scale namely:
a) Where female are employed, there shall be at least one latrine for every 25females.
b) Where males are employed, there shall be at least one latrine for every 25males.
ii) Provided that, where the number of males or females exceeds 100, it shall be sufficient if
there is one latrine for 25 males or females as the case may be upto the first 100, and one
for every 50thereafter.
iii) Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have
a proper door and fastenings.
iv) Construction of latrines: The inside walls shall be constructed of masonry or some suitable
heat-resisting nonabsorbent materials and shall be cement washed inside and outside at least
once a year, Latrines shall not be of a standard lower than bore hole system.
v) (a) Where workers of both sexes are employed, there shall be displayed outside each block
of latrine and urinal, a notice in the language understood by the majority of the workers
“For Men only” or “For Women Only” as the case may be.
(b) The notice shall also bear the figure of a man or of a woman, as the case maybe.
vi) There shall be at least one urinal for male workers upto 50 and one for female workers upto
fifty employed at a time, provided that where the number of male or female workmen, as
the case may be exceeds 500, it shall be sufficient if there is one urinal for every 50 males
or females upto the first 500 and one for every 100 or part thereafter.
vii) (a) The latrines and urinals shall be adequately lighted and shall be maintained in a
clean and sanitary condition at all times.
(b) Latrines and urinals other than those connected with a flush sewage system shall
comply with the requirements of the Public Health Authorities.
8. CRECHES
i) At every work place, at which 20 or more women workers are ordinarily employed, there
shall be provided two rooms of reasonable dimensions for the use of their children under
the age of six years. One room shall be used as a play room for the children and the other
as their bedroom. The rooms shall be constructed with specifications as per clause 19H
(ii) a, b & c.
ii) The rooms shall be provided with suitable and sufficient openings for light and
ventilation. There shall be adequate provision of sweepers to keep the places clean.
iii) The contractor shall supply adequate number of toys and games in the play room and
sufficient number of cots and beddings in the bed room.
iv) The contractor shall provide one ayaa to look after the children in the crèche when the
number of women workers does not exceed 50 and two when the number of women
workers exceed 50.
v) The use of the rooms earmarked as crèches shall be restricted to children, their attendants
and mothers of the children.
9. CANTEENS
i) In every work place where the work regarding the employment of contractor labour is
likely to continue for six months and where in contract labour numbering one hundred or
more are ordinarily employed, an adequate canteen shall be provided by the contractor for
the use of such contract labour.
ii) The canteen shall be maintained by the contractor in an efficient manner.
iii) The canteen shall consist of at least a dining hall, kitchen, storeroom, pantry and washing
places separately for workers and utensils.
iv) The canteen shall be sufficiently lighted at all times when any person has access toit.
v) The floor shall be made of smooth and impervious materials and inside walls shall be
lime washed or colour washed at least once in each year. Provided that the inside walls of
the kitchen shall be lime washed every four months.
vi) The premises of the canteen shall be maintained in a clean and sanitary condition.
vii) Waste water shall be carried away in suitable covered drains and shall not be allowed to
accumulate so as to cause a nuisance.
viii) Suitable arrangements shall be made for the collection and disposal of garbage.
ix) The dining hall shall accommodate at a time 30 per cent of the contract labour working at
a time.
x) The floor area of the dining hall, excluding the area occupied by the service counter and
any furniture except tables and chairs shall not be less than one square metre (10 sft) per
diner to be accommodated as prescribed in sub-Rule(ix).
xi) (a) A portion of the dining hall and service counter shall be partitioned off and reserved
for women workers in proportion to their number. (b) Washing places for women shall be
separate and screened to secure privacy.
xii) Sufficient tables stools, chairs or benches shall be available for the number of diners to be
accommodated as prescribed in sub-Rule(ix).
xiii) (a) 1. There shall be provided and maintained sufficient utensils crockery, furniture and
any other equipment necessary for the efficient running of the canteen.
2. The furniture utensils and other equipment shall be maintained in a clean and hygienic
condition.
(b) 1. Suitable clean clothes for the employees serving in the canteen shall be provided
and maintained.
2. A service counter, if provided, shall have top of smooth and impervious material.
3. Suitable facilities including an adequate supply of hot water shall be provided for the
cleaning of utensils and equipments.
xiv) The food stuffs and other items to be served in the canteen shall be in conformity with the
normal habits of the contract labour.
xv) The charges for food stuffs, beverages and any other items served in the canteen shall be
basedon‘NoProfit,Noloss’andshallbeconspicuouslydisplayedinthecanteen.
xvi) In arriving at the price of foodstuffs, and other article served in the canteen, the following
items shall not be taken into consideration as expenditure namely:-
a) The rent of land and building.
b) The depreciation and maintenance charges for the building and
equipments provided for the canteen.
c) The cost of purchase, repairs and replacement of equipments including furniture,
crockery, cutlery and utensils.
d) The water charges and other charges incurred for lighting and ventilation.
e) The interest and amounts spent on the provision and maintenance of
equipments provided for the canteen.
xvii) The accounts pertaining to the canteen shall be audited once every 12 months by
registered accountants and auditors.
10. ANTI-MALARIALPRECAUTIONS
The contractor shall at his own expense, conform to all anti-malarial instructions given to him
by the Engineer-in-Charge including the filling up of any borrow pits which may have been
dug by him.
11. The above rules shall be incorporated in the contracts and in notices inviting tenders and
shall form an integral part of the contracts.
12. AMENDMENTS
AAI may, from time to time, add to or amend these rules and issue directions - it may
consider necessary for the purpose of removing any difficulty which may arise in the
administration there of.
2. DEFINITIONS
(i) Workman means any person employed by AAI or its contractor directly or indirectly
through a subcontractor with or without the knowledge of the AAI to do any skilled,
semiskilled or unskilled manual, supervisory, technical or clerical work for hire or reward,
whether the terms of employment are expressed or implied but does not include any person:-
a) Who is employed mainly in a managerial or administrative capacity: or
b) Who, being employed in a supervisory capacity draws wages exceeding five hundred
rupees per mensem or exercises either by the nature of the duties attached to the office or
by reason of powers vested in him, functions mainly of managerial nature :or
c) Who is an out worker, that is to say, person to whom any article or materials are given out
by or on behalf of the principal employers to be made up cleaned, washed, altered,
ornamental finished, repaired adopted or otherwise processed for sale for the purpose of
the trade or business of the principal employers and the process is to be carried out either
in the home of the out worker or in some other premises, not being premises under the
control and management of the principal employer. No person below the age of 14 years
shall be employed to act as a workman.
(ii) Fair Wages means wages whether for time or piece work fixed and notified under the
provisions of the Minimum Wages Act from time to time.
(iii) Contractors shall include every person who undertakes to produce a given result other
than a mere supply of goods or articles of manufacture through contract labour or who
supplies contract labour for any work and includes a subcontractor.
(iv) Wages shall have the same meaning as defined in the Payment of Wages Act.
3. i) Normally working hours of an adult employee should not exceed 9 hours a day. The
working day shall be so arranged that inclusive of interval for rest, if any, it shall not spread
over more than 12 hours on any day.
ii) When an adult worker is made to work for more than 9 hours on any day or for more than
48 hours in any week, he shall be paid over time for the extra hours put in by him at double
the ordinary rate of wages.
iii) a) Every worker shall be given a weekly holiday normally on a Sunday, in accordance
with the provisions of the Minimum Wages (Central) Rules 1960 as amended from time to
time irrespective of whether such worker is governed by the Minimum Wages Act or not.
b) Where the minimum wages prescribed by the Central/State Government under the
Minimum Wages Act are not inclusive of the wages for the weekly day of rest, the worker
shall be entitled to rest day wages at the rate applicable to the next preceding day, provided he
has worked under the same contractor for a continuous period of not less than 6days.
c) Where a contractor is permitted by the Engineer-in-Charge to allow a worker to work on a
normal weekly holiday, he shall grant a substituted holiday to him for the whole day on one
of the five days immediately before or after the normal weekly holiday and pay wages to such
worker for the work performed on the normal weekly holiday at over time rate.
5. PAYMENT OFWAGES
(i) The contractor shall fix wage periods in respect of which wages shall be payable.
(ii) No wage period shall exceed one month.
(iii) The wages of every person employed as contract labour in an establishment or by a contractor
where less than one thousand such persons are employed shall be paid before the expiry of
seventh day and in other cases before the expiry of tenth day after the last day of the wage
period in respect of which the wages are payable.
(iv) Where 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 second working day from the date
on which his employment is terminated.
(v) All payment of wages shall be made on a working day at the work premises and during the
working time and on a date notified in advance and in case the work is completed before the
expiry of the wage period, final payment shall be made within 48 hours of the last working
day.
(vi) Wages due to every worker shall be paid to him direct or to other person authorised by him in
this behalf.
(vii) All wages shall be paid in current coin or currency or in both.
(viii) Wages shall be paid without any deductions of any kind except those specified by the Central
Government by general or special order in this behalf or permissible under the Payment of
Wages Act1956.
(ix) A notice showing the wages period and the place and time of disbursement of wages shall be
displayed at the place of work and a copy sent by the contractor to the Engineer-in-Charge
under acknowledgement.
(x) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of
the Senior Superintendent Engg or authorised representative of the Engineer-in-Charge who
will be required to be present at the place and time of disbursement of wages by the contractor
to workmen.
(xi) The contractor shall obtain from Engineer in charge or the authorised representative of the
Engineer-in-Charge a certificate under his signature at the end of the entries in the
“Register of Wages” or the “Wage-cum-Muster Roll” as the case may be in the following
form: “Certified that the amount shown in column No ........ has been paid to the workman
concerned in my presence on…………..at .......................... ”
Note: In case of payment of wages paid through bank, the contractor shall submit a copy of
bank statement for relevant period duly signed by him.
(ii) No fines should be imposed on any worker save in respect of such acts and omissions on his
part as have been approved of by the Chief Labour Commissioner.
Note: An approved list of Acts and Omissions for which fines can be imposed is enclosed at
Appendix-XII.
(iii) No fine shall be imposed on a worker and no deduction for damage or loss shall be made from
his wages until the worker has been given an opportunity of showing cause against such fines
or deductions.
(iv) The total amount of fine which may be imposed in any one wage period on a worker shall not
exceed an amount equal to three paise in a rupee of the total wages, payable to him in respect
of that wage period.
(v) No fine imposed on any worker shall be recovered from him by installment, or after the
expiry of sixty days from the date on which it was imposed.
(vi) Every fine shall be deemed to have been imposed on the day of the act or omission in respect
of which it was imposed.
7. LABOURRECORDS
(i) The contractor shall maintain a Register of persons employed on work on contract in Form
XIII of the CL(R&A) Central Rules 1971 (Appendix-VI)
(ii) The contractor shall maintain a Muster Roll register in respect of all workmen employed by
him on the work under Contract in Form XVI of the CL (R&A) Rules 1971 (Appendix-
VII).
(iii) The contractor shall maintain a Wage Register in respect of all workmen employed by him
on the work under contract in Form XVII of the CL (R&A) Rules 1971 (Appendix-VIII)
(iv) Register of accident - The contractor shall maintain a register of accidents in such form as
may be convenient at the workplace but the same shall include the following particulars:
(a) Full particulars of the labourers who met with accident.
(b) Rate of Wages
(c) Sex
(d) Age
(e) Nature of accident and cause of accident
(f) Time and date of accident
(g) Date and time when admitted in Hospital
(h) Date of discharge from the Hospital
(i) Period of treatment and result of treatment
(j) Percentage of loss of earning capacity and disability as assessed by Medical officer
(k) Claim required to be paid under Workmen’s Compensation Act.
(l) Date of payment of compensation
(m) Amount paid with details of the person to whom the same was paid
(n) Authority by whom the compensation was assessed.
(o) Remarks
(v) The contractor shall maintain a Register of Fines in the Form XII of the CL(R&A) Rules
1971(Appendix-XIII).
The contractor shall display in a good condition and in a conspicuous place of work the
approved list of acts and omissions for which fines can be imposed (Appendix-XII)
(vi) The contractor shall maintain a Register of deductions for damage or loss in Form XX of
the CL (R&A) Rules 1971(Appendix-XIV)
(vii) The contractor shall maintain a Register of Advances in Form XXIII of the CL (R&A)Rules
1971(Appendix-XV)
(viii) The contractor shall maintain a Register of Overtime in Form XXIII of the CL(R&A)Rules
1971(Appendix-XVI).
8. ATTENDANCE CARD-CUM-WAGESLIP
(i) The contractor shall issue an Attendance card-cum-wage slip to each workman employed by
him in the specimen form at(Appendix-IX)
(ii) The card shall be valid for each wage period.
(iii) The contractor shall mark the attendance of each workman on the card twice each day, once at
the commencement of the day and again after the rest interval, before he actually starts work.
(v) The contractor shall complete the wage slip portion on the reverse of the card at least a day
prior to the disbursement of wages in respect of the wage period under reference.
(vi) The contractor shall obtain the signature or thumb impression of the worker on the wage slip
at the time of disbursement of wages and retain the card with himself.
9. EMPLOYMENTCARD
The contractor shall issue an Employment Card in Form XIV of the CL (R&A) Central
Rules 1971 to each worker within three days of the employment of the worker(Appendix-X).
10. SERVICECERTIFICATE
On termination of employment for any reason whatsoever the contractor shall issue to the
workman whose services have been terminated, a Service certificate in Form XV of the
CL(R&A) Central Rules 1971.
The Labour Officer or other persons authorised as aforesaid shall submit a report of result of
his investigation or enquiry to the Engineer-in-Charge concerned indicating the extent, if any,
to which the default has been committed with a note that necessary deductions from the
contractor’s bill be made and the wages and other dues be paid to the labourers concerned. In
case an appeal is made by the contractor under Clause 13 of these regulations, actual payment
to labourers will be made by the Engineer-in-Charge after G.M. Engg. has given his decision
on such appeal.
(i) Engineer-in-Charge shall arrange payments to the labour concerned within 45 days from
the receipt of the report from the Labour Officer or the G.M. Engineer as the case maybe.
(i) A workman shall be entitled to be represented in any investigation or enquiry under these
regulations by:
c) Where the employer is not a member of any registered trade union, by an officer of a
registered trade union, connected with the industry in which the worker is employed or by any
other workman employed in the industry in which the worker is employed.
(ii) An employer shall be entitled to be represented in any investigation or enquiry under these
regulations by:
a) An officer of an association of employers of which he is a member.
b) An officer of a federation of associations of employers to which association referred to in
Clause (a) is affiliated.
c) Where the employers is not a member of any association of employers, by an officer of
association of employer connected with the industry in which the employer is engaged or by
any other employer, engaged in the industry in which the employer is engaged.
18. AMENDMENTS
The Central Government/AAI may from time to time add to or amend the regulations and on
any question as to the application/interpretation or effect of those regulations the decision of
the General Manager (Engg.) concerned shall be final.
APPENDIX-I
To
The Airports Authority of India
…………………………………….
……………………………………..
1. In consideration of the Airport Authority of India having its head office at New Delhi
[hereinafter called the “AAI” which expression shall unless repugnant to the subject or
context include its administrator, successors and assigns) having agreed under the terms and
condition of Contract Agreement No. ………………………dated ...................... made
between……….and AAI in connection with the work of ........................................... (hereinafter
called the said contract) to accept Deed of Guarantee as herein provided for
Rs…………………….(Rupees……………..only) from a Nationalized Bank in lieu of the
Security deposit to be made by the contractor or lieu of the amount withheld towards
compensation for delay pending final extension of time to be made from the contractors
contained in the said Contractor. We, the… ...................bank (hereinafter referred to as “the
said Bank” and having our registered office at ............................... do hereby undertake and
agree to identify and keep indemnified AAI from time to time to the extent of
Rs……………………(Rupees….................................only) against any loss or damage, cost,,
charges and expenses caused to or suffered by or that may be caused to or suffered by AAI
by reason of any breach or breaches by the said Contractor of any of the terms and condition
contained in the said contract and to unconditionally pay the amount claimed by AAI on
demand and without demur to the extent aforesaid.
2. We ................................................. Bank, further agree that AAI shall be the sole judge of and
as to whether the said Contractor has committed any breach or breaches of any of the terms
and conditions of the said contract and the extent of loss, damage, costs, charges and expenses
caused to or suffered by or that may be caused to or suffered by AAI on account thereof and
the decision of AAI that the said Contractor has committed such breach and breaches and as
to the amount or amounts of loss, damage, costs, charges and expenses caused to or suffered
of that may be caused to or suffered by AAI from time to time shall be final and binding on
us.
3. We, the said 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 contracts and
till all the dues of AAI under the said contract or by virtue of any of the terms and conditions
governing the said contract including compensation for delay if any as decided by AAI, have
been fully paid and its claims satisfied or discharged and till the Accepting Authority of the
contract certifies that the terms and condition and accordingly Contract have been fully and
properly carried out by the said contractor and accordingly discharges this guarantee subject,
however that AAI shall have no claim under this Guarantee after 90(Ninety) days from the
date of expiry of the defects Liabilities periods or Final /Extension of Time grated by AAI as
provided available in agreements clause no……………..as provided in the said Contract,
i.e……….(date) or from the date of cancellation of the said contract, as the case may be,
unless a notice of the claim under this Guarantee has been served on the Bank before the
expiry of the period in which case the same shall be enforceable against the Bank
notwithstanding the fact, that the same is enforced after the expiry of the said period.
4. AAI shall have the fullest liberty without affecting in any way the liability of the bank under
this Guarantee or Indemnity from time to time to vary any of the terms and conditions of the
said contract or to extend time of performance by the said Contractor or to postpone for any
time and form time to time any of the powers exercisable by it against the said Contractor and
either to enforce or forbear from enforcing any of terms and conditions governing the said
contract or securities available to AAI and the said Bank shall not be released from its
liability under these present by any exercise by AAI of any liberty with reference to the
matters aforesaid or by reason of time being given to the said contractor or any other
forbearance, act or omission on the part by AAI or any indulgence by AAI to the said
Contractor or any other matter or thing whatsoever which under the law relating to sureties
would but for this provision have the effect of so releasing the Bank from its such liability.
5. It shall not be necessary for AAI 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 AAI may have obtained or obtain from the Contractor at
the time when proceedings are taken against the Bank hereunder be outstanding or unrealized.
6. We, the said Bank, lastly undertake not to revoke this Guarantee during its currency except
with the previous consent of AAI in writing and agree that any charge in the Constitution of
the said Contract or the said Bank shall not discharge our liability hereunder.
In presence of
Dated this Day of
WITNESS
1.
2.
For and on behalf of(The Bank)
Signature
Name & Designation
Authorization No.
Name & Place
Bank’s Seal
APPENDIX-1A
KNOW ALL PEOPLE by these presents that we (name of bank) having our
registered office at (hereinafter called “the bank”) are bound unto
(Name of Senior Manager) (hereinafter called “the Engineer-in-charge”) in the
sum of Rs. (Rs. In words ) for which payment well truly to
be made to the said Engineer-in-charge the bank binds itself, his successors and assigns by these
presents.
(2) If the contractor having been notified of the acceptance of his tender by the engineer-in-charge.
a) Fails or refuses to execute the form of Agreement in accordance with the instructions to
contractor, if required–
OR
b) Fails or refuses to furnish the performance guarantee, in accordance with the provisions of
tender document and instructions to contractor,
OR
c) Fails or refuses to start the work, in accordance with the provisions of the contract and
instructions to contractor,
OR
d) Fails or refuses to submit fresh bank guarantee of an equal amount of this bank guarantee
against security deposit after award of contract.
We undertake to pay to the engineer-in-charge either up to the above amount or part thereof upon
receipt of his first return demand, without the engineer-in-charge having to substantiates his demand,
provided that in his demand the engineer-in-charge will note that the amount claimed by him is due to
him owing to the concurrence of one or any of the above conditions, specifying the occurred condition
or conditions.
This guarantee will remain in force up to and including the date* after the deadline for
submission of tender as such deadline is stated in the instructions to contractor or as it may be
extended by the engineer-n-charge , notice of which extension (s) to the bank is hear by waived. Any
demand in respect of this guarantee should reach the bank not later than the above date.
WITNESS……………………….. SEAL
(SIGNATURE NAME AND ADDRESS)
Date to be worked out on the basis of validity period of 6 months from last date of receipt of tender.
APPENDIX-II
No………………………..……
1 2 3 4 5 6 7 8 9
Note: If the number of tests done are less than required, then reasons shall be recorded.
APPENDIX-III
APPENDIX-IV
2) Designation
3) Date of appointment
8) Date of delivery/miscarriage/death.
10) Date with the amount of maternity/death benefit paid in advance of expected delivery
12) Name of the person nominated by the woman to receive the payment of the maternity benefit
13) If the woman dies, the date of her death, the name of the person to whom maternity benefit
amount was paid, the month thereof and the date in the register.
APPENDIX-V
Labour Board
Name of work
Name of Contractor---------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------Address of Contractor ---------------
---------------------------------------------------------------------------------------------------------------------------
--------------------------------------
Name and address of A. A. I. Division ----------------------------------------------------------------------------
------------------------------------------------------------------------------------
Name of A. A. I. Labour Officer -----------------------------------------------------------------------------------
------------------------------------------------------------------------------------
Address of A. A. I. Labour Officer --------------------------------------------------------------------------------
-----------------------------------------------------------------------------------
Name of A.A.I Labour Officer---------------------------------------------------------------------
Form-XIII APPENDIX-VI
[See rule 2(1)]
[Part-A: For all Establishments]
Register of Workmen Employed by Contractor
Name and address of contractor……………………………………………………………………………………….
Name and address of establishment which contractor is carried on…………………………………………………...
Name and location of work…………………………………………………………………………………………….
Name and address of Principal Employer……………………………………………………………………………...
1 2 3 4 5 6 7 8 9 10 11
Category Type of Mobile UAN PAN ESIC IP LWF AADHAAR Bank A/c Bank Branch Present Permanent
Address Employment Number (IFSC) Address
*(HS/S/SS/US)
12 13 14 15 16 17 18 19 20 21 22 23 24
Service Book Date of Exit Reason for Exit Mark of Identification Photo Specimen Signature/Thumb Remarks
No. Impression
25 26 27 28 29 30 31
APPENDIX-VII
Form-XVI
[See Rule 78(1) (a) (i)]
Muster Roll
FORM B
[See Rule 78(1) (a) (i)]
APPENDIX-VIII
FORMAT FOR WAGE REGISTER
Minimum Basic
DA
Overtime
FORM C
FORMAT OF REGISTER OF LOAN/ RECOVERIES
Sl. Number In Employee Name Recovery Type Particulars Date of damage/Loss* Amount
register (Damage/loss/fine/advance/loans
1 2 3 4 5 6
Whether show cause Explanation heard in Number of First Month/Year Last Month/Year Date of Complete Remarks
issued* presence of* Installments Recovery
7 8 9 10 11 12 13
Register of wages
Amount of wages
S. Name of Serial no Descript No. of Units Daily Basic Dearness Over- Other Total Deduc Net Sig. or Initial
No workman in the ion/ days of rates of wage Allowanc time cash tion if amou thumb contract
register nature worked work wages/ s e payme any nt impres or his
of of work done piece rate nt nt. (indic paid sion represe
workman done (indic ate of the ntative
ate nature work
nature ) men
)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
APPENDIX-VIIIA
WAGE CARD
Name of workman………………………………….Month/Fortnight……………………..
Rate of Wages…………………………………………
1 2 3 4 5 6 7 8 9 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 31
0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 8 0
Morning Rate
Evening Amount
Initial
19/Form-XIX APPENDIX-IX
78 (2)
[See rule 78 (1) (b)]
Wages Slip
6. Deduction, if any………………………………………………………………………
APPENDIX-X
14/Form-XIV
[See rule 76]
Employment Card
3. Nature of employment/designation…………………………………………………..
5. Wage period…………………………………………………………………………
6. Tenure of employment………………………………………………………………
7. Remark………………………………………………………………………………
Signature of Contractor
APPENDIX-XI
1. In consideration of the Chairman, AAI (hereinafter called “AAI”) having offered to accept the
terms and conditions of the proposed agreement between
………………………………………………………………………………………………
[hereinafter called the said contractor(s)] for the work …………………………… (hereinafter
“the said agreement”) having agreed to production of a irrevocable Bank Guarantee for Rs.
….......................... (Rupees ………………………..only) as a security / guarantee from the
contractor(s) for compliance of his obligations in accordance with the terms and conditions in
the said agreement.
We................................................ (Indicate the name of the Bank) (hereinafter referred to as
“the Bank”) hereby undertake to pay to the Chairman, AAI an amount not exceeding Rs.
…………………(Rupees ................................only) on demand byAAI.
3. We, the said Bank, further undertake to pay the Chairman, AAI 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 relating thereto, our liability under this present being
absolute and unequivocal.
The payment so made by us under this bond shall be a valid discharge of our liability for
payment there under and the contractor(s) shall have no claim against us for making such
payment.
4. We .............................................. (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 to be enforceable till all the
dues of AAI under or by virtue of the said agreement have been fully paid and its claims
satisfied or discharged or till Engineer-In-Charge on behalf of AAI certified that the terms
and conditions of the said agreement have been fully and properly carried out by the said
contractor(s) and accordingly discharges this guarantee.
5. We........................... (indicate the name of the bank) further agree with AAI that AAI shall
have the fullest liberty without our consent and without effecting in any manner our
obligations hereunder to vary any of 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 AAI against in the said contractor(s) and
to forebear and 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 extensions being
granted to the said contractor(s) or for any forbearance, act of omission on the part of AAI or
any indulgence by the AAI to the said contractor(s) or by any such matter or thing whatsoever
which under the law relating to securities would, but for this provision, have effect of so
relievingus.
6. 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 the bank) lastly undertake not to revoke
this guarantee except with the previous consent of AAI in writing.
In presence of
Dated this Day of
Witness
1.
2.
For and on behalf of(The Bank)
Signature
Name & Designation
Authorization No.
Name & Place
Bank’s Seal
The above Guarantee is accepted by Airports Authority of India. For and on behalf of Airports
Authority of India
Signature
Name
Designation
Dated
Note: * Date of validity should be schedule date of completion + Six months.
APPENDIX-XI-A
Sub: - My / Our Bank Guarantee bearing No……..dated ……. for amount……. Issued in
favour of Airport Authority of India A/c……………
Sir,
The subject Bank Guarantee is obtained from your bank for the purpose of Security
Deposit / Earnest Money / Performance Guarantee on account of contract awarded / to be
awarded by M/s Airports Authority of India to me / us.
I hereby authorized the Airport Authority of India in whose favour the deposit is made
to close the subject Bank Guarantee before maturity/ on maturity toward adjustment of dues
without any reference /consent /notice from me / our side and the bank is fully discharged by
making the payment to Airport Authority of India.
Place:
Date:
APPENDIX-XII
In accordance with rule 7(v) of the AAI Contractor's Labour Regulations to be displayed promi nently
at the site of work both in English and local Language.
2. Theft fraud or dishonesty in connection with the contractors beside a business or property of
AAI.
4. Habitual lateattendance.
6. Habitualnegligence.
7. Smoking near or around the area where combustible or other materials arelocked
8. HabitualIndiscipline
15. Bad workmanship in construction and maintenance by skilled workers which is notapproved
bytheDepartmentandforwhichthecontractorsarecompelledtoundertakerectifications.
19. Collection or canvassing for the collection of any money within the premises of an
20. Holding meeting inside the premises without previous sanction of theemployers.
21. Threatening or intimidating any workman or employer during the working hours within the
premises.
APPENDIX-XIII
Register of Fines
SI. No. Name of Father’s/ Designatio Act or Date of Whether Name of person Wage Amount Date on Remarks
workman Husband’ n n nature action for Offence workman in whose period of the which
s of which showed presence and imposed fine
Name employmen fine cause employee’s wages realized
tt imposed against fine explanation was payable
heard
1 2 3 4 5 6 7 8 9 10 11 12
APPENDIX-XIV
Form-XVII
[See Rule 78 (2) (d)]
Register of Deduction for Damage or Loss
SI. Name Father’s Designation Particula Date of Whether Name of Amount No. of Date of
No. of Husband’ /nature of r of damag workman person in of install recovery
workma s Name employment Damage es or showed whose deductio ments First Last
n s or Loss loss cause presence n Instal Instal Remark
against employee’s imposed lment lment
deductio explanation
n was heard
1 2 3 4 5 6 7 8 9 10 11 12 13
APPENDIX-XV
Form-XXII
[See Rule 78 (2) (d)]
Register of Advances
SI. Name Father’s Designation Wage Date Purpose Number of Date and Date
No. of Husband’ /nature of period and for which installment amount on
workma s Name employmen and amount advance by which of each which
nn tt wages of paid advance to installme last Remark
payable advanc be repaid nt repaid install
ee ment
paid was
repaid
1 2 3 4 5 6 7 8 9 10 11
APPENDIX-XVI
Register of Overtime
S. Name of Father’s/ Sex Designation/ Date on Total overtime Normal Overtime Overtim Rate on which Remarks
N workme Husbands nature of which worked at rate of rate of e overtime paid
o n Name employement overtime project in case wages wages earning
worked of piece rate
1 2 3 4 5 6 7 8 9 10 11 12
APPENDIX-XVII
NOTICE FOR APPOINTMENT OF ARBITRATOR
[Refer Clause 25]
To
………………………………..
………………………………..
………………………………..
Dear Sir,
In terms of clause 25 of the agreement, particular of which are given below, I/we hereby give notice to
you to appoint an arbitrator for settlement of disputes mentioned below:
1. Name of applicant
2. Whether applicant is Individual/Prop. Firm /Partnership Firm/Ltd. Co.
3. Full address of the applicant.
4. Name of the work and contract number in which arbitrator sought.
5. Name of the office which entered into contract.
6. Contract amount in the work.
7. Date of contract.
8. Date of initiation of work.
9. Stipulated date of completion of work.
10. Actual date of completion of work (if completed).
11. Total number of claim made.
12. Total amount claimed.
13. Date of intimation of final bill (if work is completed).
14. Date of payment of final bill (if work is completed).
15. Amount of final bill (if work is completed).
16. Date of request made to ED for decision.
17. Date of receipt of ED’s decision.
18. Date of appeal.
19. Date of receipt of decision on ourappeal.
I/We certify that the information given above is true to the best of my/our knowledge. I/We enclose following
documents.
Yours faithfully
(Signature)
Copy to:
1. The Engineer-in-charge ............................. ,
…………………………
APPENDIX -XVIII
INTEGRITY PACT
The integrity pact shall be signed by both the parties in the following format
“This Pact made this ……..day of …… between Airports Authority of India, a body
corporate constituted by the Central Government under the Airports Authority of
India Act,1994 and having its Corporate Office at Rajiv Gandhi Bhawan, New Delhi,
and offices at ………….in India, hereinafter called the Authority (which term shall
unless excluded by or is repugnant to the context, be deemed to include its Chairman,
or Member, Executive Directors, Airport Directors, officers or any of them specified
by the Chairman in this behalf, and shall also include its successors and assigns) of
the one part
AND
The Authority will, during the pre‐contact stage, treat all BIDDERs alike, and
will provide to all BIDDERs the same information and will not provide any such
information to any particular BIDDER which could afford an advantage to that
particular BIDDER in comparison to other Bidders.
All the officials of the Authority will report to the appropriate authority officeany
attempted or completed breaches of the above commitments as well as any
substantial suspicion of such breach.
In case any such preceding misconduct on the part of such official(s) is reported
by the BIDDER to the Authority with full and verifiable facts and the same is prima
facie found to be correct by the Authority, necessary disciplinary proceedings, or
any other action as deemed fit, including criminal proceedings may be initiated by
the Authority and such a person shall be debarred from further dealings related to
the contract process. In such a case while an enquiry is being conducted by the
Authority the proceedings under the contract would not be stalled.
1. Commitments of Bidders/Contractor.
The Bidder/Contactor further undertakes that it has not given, offered or promised
to give, directly or indirectly any bribe, gift, consideration, reward, favour, any
material or immaterial benefit or other advantage, commission, fees, brokerage or
inducement to any official of the Authority or otherwise in procuring the Contract or
forbearing to do or having done any act in relation to the obtaining or execution
ofthe contract or any other contract with the Authority for showing or
for bearing to show favour or dis favour to any person in relation to the contract or
any other contract with the Authority.
The Bidder / Contactor has not entered and will not enter with other bidders into
any undisclosed agreement or understanding, whether formal or informal. This
applies in particular to prices, specification, certifications, subsidiary contracts,
submission or non‐submission of bids or any actions to restrict competitiveness or
to introduce cartelization in the bidding process.
The Bidder/Contractor shall, when presenting his bid, disclose the name and
address of agents and representatives and Indian BIDDERs shall disclose their
foreign principals or associates.
The Bidder/Contactor shall when presenting his bid disclose any and all the
payments he has made or, is committed to or intends to make to agents/brokers or
any other intermediary, in connection with thisbid/contract.
The Bidder/Contractor further confirms and declares to the Authority that the
BIDDER is the original manufacturer/integrator/ authorized government sponsored
export entity of the stores and has not engaged any individual or firm or company
whether Indian or foreign to intercede, facilitate or in any way to recommend to the
Authority or any of its functionaries, whether officially or unofficially to the award
of the contract to the BIDDER, nor has any amount been paid, promised or intended
to be paid to any such individual, firm or company in respect of any such
intercession, facilitation or recommendation.
The Bidder/Contractor will not collude with other parties interested in the
contract to impair the transparency, fairness and progress of the bidding process, bid
evaluation, contracting and implementation of the contract.
The Bidder/Contractor will not accept any advantage in exchange for any corrupt
practice, unfair means and illegal activities.
The Bidder / Contactor shall not use improperly, for purposes of competition or
personal gain ,or pass on to others, any information provided by the Authority as
part of the business relationship, regarding plans, technical proposals and business
details, including information contained in any electronic data carrier. The Bidder /
Contractor also under takes to exercise due and adequate care lest any such
information is divulged.
The Bidder/Contactor shall not instigate or cause to instigate any third person to
commit any of the actions mentioned above.
The Bidder/Contractor shall not lend to or borrow any money from or enter into
any monetary dealings or transactions, directly or indirectly, with any employee of
the Authority.
That if the Bidder/ Contractor, during tender process or before the award of the
contract or during execution of the contract/work has committed a transgression in
violation of section 2 or in any other form such as to put his reliability or credibility
as Bidder/Contractor into question, the Authority is entitled to disqualify him from
the tender process or to terminate the contract for such reason and to debar the
BIDDER from participating in future bidding processes.
2. Previous Transgression
That the Bidder/Contractor undertakes to get this Pact signed by the subcontractor
(s) and associate(s) whose value of the work contribution exceeds Rs 0.5 Cr.
(Rupees zero point five Cr.) and to submit the same to the Authority along-with
the tender document/ contract before contract signing.
3.4. That sub-contractor(s)/ associate(s) engaged by the Contractor, with the approval
of the Authority after signing of the contract, and whose value of the work
contribution exceeds Rs 0.5 Cr. (Rupees Zero point five Cr.) will be required to
sign this Pact by the Contractor, and the same will be submitted to the Authority
before doing/ performing any act/ function by such subcontractor(s) / associate(s)
in relation to the contract/ work.
That the Authority will disqualify from the tender process all Bidder(s) who don’t
sign this Pact or violate its provisions or fails to get this Pact signed in terms of
policy of authority
That if the Contractor(s) does/ do not sign this Pact or violate its provisions or
fails to get this Pact signed in terms of policy of authority. Authority will terminate
the contract and initiate appropriate action against suchContractor(s).
4. Earnest Money, Security Deposit, Bank Guarantee, Draft, Pay order or any
other mode and its validity i/c Warranty Period, Performance
Guarantee/Bond.
Any breach of the aforesaid provisions by the BIDDER or any one employed by
it or acting on its behalf (whether with or without the knowledge of the BIDDER)
shall entitle the Authority to take all or any one of the following actions, wherever
required:
i) To immediately call off the pre contract negotiations without assigning any
reason or giving any compensation to the BIDDER. However, the
proceedings with the other BIDDER(s) would continue.
ii) To immediately cancel the contract, if already signed, without giving any
compensation to theBIDDER.
iii) If the Authority has disqualified / debarred the Bidder from the tender
process prior to the award under section 2 or 3 or 4, the Authority is entitled
to forfeit the earnest money deposited/bid security.
iv) To recover all sums already paid by the Authority, and in case of an Indian
BIDDER with interest thereon at 2% higher than the prevailing Prime
Lending Rate of State Bank of India, while in case of a BIDDER from a
country other than India with interest thereon at 2% higher than the LIBOR.
If any outstanding payment is due to the BIDDER from the Authority in
connection with any other contract or any other stores, such outstanding
payment could also be utilized to recover the aforesaid sum and interest.
vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall
be liable to pay compensation for any loss or damage to the Authority
resulting from such cancellation/rescission and the Authority shall be
entitled to deduct the amount so payable from the money(s) due to the
BIDDER.
vii) To debar the BIDDER from participating in future bidding processes for a
period upto two years.
viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any
middleman or agent or broker with a view to securing the contract.
ix) In case where irrevocable Letters of Credit have been received in respect of
any contract signed by the Authority with the BIDDER, the same shall not
be opened.
xi) That if the Authority have terminated the contract under section 2 or 3 or 4
or if the Authority is entitled to terminate the contract under section 2 or 3
or 4, the Authority shall be entitled to demand and recover from the
contractor damages equivalent to 5% of the contract value or the amount
equivalent to security deposit or performance bank guarantee, whichever is
higher.
xii) That the Bidder / Contractor agrees and undertakes to pay the said amount
without protest or demur subject only to condition that if the
Bidder/Contractor can prove and establish to the satisfaction of the
Authority that the disqualification / debarment of the bidder from the tender
process or the termination of the contract after award of the contract has
caused no damage to the Authority.
The Authority will be entitled to take all or any of the actions mentioned at para
5.1 above.
(i) to (xii) of this Pact also on the Commission by the BIDDER or any one
employed by it or acting on its behalf (whether with or without the knowledge of the
BIDDER), of an offence as defined in Chapter IX of the Indian Penal code, 1860 or
Prevention of Corruption Act, 1988 or any other statute enacted for prevention
ofcorruption.
The decision of the Authority to the effect that a breach of the provisions of this
Pact has been committed by the BIDDER shall be final and conclusive on the
BIDDER. However, the BIDDER can approach the Independent External
Monitor(s) appointed for the purpose of thisPact.
7. Independent ExternalMonitor(s),
7.1. That the Authority has appointed competent and credible Independent External
Monitor(s) for this Pact.
7.2 The task of the Monitor(s) is to review independently and objectively, whether
and to what extent the parties comply with the obligations under this Pact. He will
also enquire into any complaint alleging transgression of any provision of this
Pact made by the Bidder, Contractor orAuthority.
7.3. That the Monitor(s) is not subject to any instructions by the representatives of the
parties and would perform his functions neutrally and independently. He will
report to the Chairperson of the Board of theAuthority.
7.4 That the Bidder / Contractor accepts that the Monitor(s) has the right to access
without restriction to all project documentation of the Authority including that
provided by the Bidder/Contractor. The Bidder/Contractor will also grant the
Monitor, upon his request and demonstration of a valid interest, unrestricted and
unconditional access to his project documentation including minutes of meeting.
The same is applicable to Sub - Contractors and Associates. The Monitor is under
obligation to treat the information and documents of the Authority and Bidder/
Contractor / Sub- Contractors/ Associates withconfidentiality.
7.5. That as soon as the Monitor notices, or believes to notice, a violation of this Pact,
he will so inform the management of the Authority and requestthe management
That the Authority will provide to the Monitor(s) sufficient information about all
meetings among the parties related to the project provided such meetings could have
an impact on the contractual relations between the Authority and the Contractor /
Bidder. The parties offer to the Monitor(s) the option to participate in suchmeetings.
That the Monitor(s) will submit a written report to the Chairperson of the Board
of the Authority within 2 weeks from the date of reference or intimation to him by
the Authority and, should the occasion arise, submit proposals for correcting
problematicsituations.
8. Facilitation ofInvestigation.
That this Pact is subject to provisions under Indian Law. The place of
performance and jurisdiction is the Corporate Headquarter /the Regional
Headquarter / office of the Authority, asapplicable.
That the changes and supplements as well as termination notice need to be made
in writing.
That if the Bidder / Contractor are a partnership or a consortium, this Pact must
be signed by all the partners and consortium members or their authorized
representatives.
That this Pact comes into force when both the parties have signed it. It expires for
the Contractor 12 months after the final payment under the respective contract, and
for all other Bidders 3 months after the contract isawarded.
11.2. That if any claim is made / lodged during this period, the same shall be binding
and continue to be valid despite the lapse of this Pact as specified herein before,
unless it is discharged/determined by Chairman of theAuthority.
11.3 That should one or several provisions of this Pact turn out to be invalid; the
remainder of this Pact shall remain valid. In this case, the parties will strive to
come to an agreement to their originalintentions.
Bidders are also advised to have a company code of conduct (clearly rejecting the
use of bribes and other unethical behavior) and a compliance program for the
implementation of the code of conduct throughout the company.
Buyer
Name of the Officer
Designation
Deptt./Ministry/PSU
Witness
1.
2.
Bidder
2.
APPENDIX-XIX
Note:
1. NIT approving authority must ensure that all sub-heads of works are covered in above table.
The bidder must indicate percentage payable to specialized agency in case of all sub-heads.
2. If % is not filled in by the contractor against one or more subhead in this schedule, then 75%
of the net payment admissible as per AAI for the subhead under consideration shall be paid
directly to specialized agency in case of composite contract.
SCHEDULES
SCHEDULE `A’
All rates shall be quoted in the format provided and no other format is acceptable. The price bid has been
given as a standard BOQ format at page no. BOQ-1to BOQ-2 with the tender document, the same is to be
downloaded and to be filled by all the bidders. Bidders are required to download the BOQ file, open it and
complete the white coloured (unprotected) cells with their respective financial quotes and other details
(such as name of the bidder). No other cells should be changed. Once the details have been completed, the
bidder should save it and submit it online, without changing the File name. If the BOQ file is found to be
modified by the bidder, the bid will be rejected and EMD shall be forfeited.
SCHEDULE `B’
Sl. No. Description of Item Quantity Rates in figures & Place of Issue
words at which the
material will be
charged to the
contractor
1 2 3 4 5
SCHEDULE `D’
Extra schedule for specific requirements/ documents for the work, if any: Special Conditions of Contract at
pages SCC-1 to SCC-14.
SCHEDULE `E’
SCHEDULE `F’
Officer inviting tender : Asstt. Gen. Mgr. (E-C), AAI, LBSI Airport, Varanasi,
Definitions:
Office inviting tender : AAI, LBSI Airport, Varanasi
Engineer-in-Charge : DGM(Engg-Civil)/AGM(Engg-Civil)
Clause1
Clause2
Clause 2A
Clause 5
Number of days from the date of issue of 10 days or any specific dates mentioned in the Work
letter of acceptance for reckoning date of Order
start
Authority to decide:
i. Extension of time : As per DoP.
ii. Rescheduling of milestone : GM Engg
iii. Shifting of date of start in case of
iv. delay in handing over of site : GM Engg
Clause 6, 6A
Clause 10A
Clause10C : Applicable
Clause 10 CA
Materials covered under this Nearest Material (other than Base price and its
clause cement*, reinforcement corresponding period of all the
bars, structural steel & materials covered under clause
Bitumen) for which All India 10CA
Wholesale Price index is to be
followed
1. Cement (OPC/ PPC) Not Applicable Base price for cement and
reinforcement steel to be
determined as issued under
authority of DG (Works).
CPWD or concerned Zonal
2. Reinforcement steel bars
(TMT) Not Applicable Chief Engineer, CPWD as on
last date of receipt of tender.
3. Structural Steel In case base price for cement,
4. Bitumen reinforcement steel and
Bitumen as to be issued by
CPWD is not available
concerned ED(Engg)
empowered to determine the
same.
*Note:
1. Includes cement component used in RMC brought at site from outside approved RMC plants, ifany.
2. Base price and its corresponding period of all the materials covered under clause 10CA is to be
mentioned at the time of approval of NIT. In case of recall of tenders, the base price may be modified
by adopting latest base price and its correspondingperiod.
Clause 10 CC
Clause 10CC to be applicable in contracts with
stipulated period of completion exceeding the
period shown in next column
Schedule of component of other materials, Labour, POL etc. for price escalation.
Component of civil (except material covered under clause 10 CA) / Electrical construction materials
express as percentage total value of work …………. ……Xm 75% component.
Clause11
Specification to be followed for execution of work a) “CPWD Specification upto date correction slips,
MORTH or other specification as applicable.
b) Technical specification.
c) Manufacturer’s Specification.
Clause12
Clause16
Clause18
Clause 25
Clause 36(1)
Experience
Minimum
Number
Representati representative) of not fulfilling
ve provision of clause 36
Figures Words
Rs.
1.
NA
a. Assistant Engineers retired from Government services that are holding Diploma will be treated at
par with GraduateEngineers.
b. Diploma holder with minimum 10 year relevant experience with a reputed construction company
can be treated at par with Graduate Engineer for the purpose of such deployment subject to the
condition that such diploma holder should not exceed 50% of requirement of degreeengineers
Clause 37
License Fee for unpaved land : Refer SCC-6 of 14, 18.1(ii)
Clause 41(b)
Integrity Pact applicable : Not Applicable
Clause 42
(i) Schedule/statement for determining theoretical DSR 2021 printed by C.P.W.D with up-
quantity of cement & bitumen on the basis of Delhi to-date correction slips till last date of
Schedule of Rates submission of tender, technical
specifications & BOQ.
(ii) Variations permissible on theoretical quantities Applicable
a. Cement for works with estimated cost put to 3% plus/minus
tender not more than Rs.5 lakhs.
For works with estimated cost put to tender more 2% plus/minus
than Rs.5 lakhs
b. Steel Reinforcement and structural steel section for 2% plus/minus
each diameter, section and category
c. Bitumen 2.5% plus only & NIL on minus side
d. All other materials
Sl. Description of items Rates in figures and words at which recovery shall be
No. made from the contractor
Excess beyond permissible Less use beyond the
variation permissible variation*
1. Cement
2. Steel reinforcement
3. Structural Sections
4. Bitumen issued free
5. Bitumen issued at
stipulated fixed price
* Provided work is considered technically sound. Otherwise work has to be re-executed as per
direction of Engineer-in-charge
Clause 48
(60%20mm nominal size and 40% 12.5 mm nominal size) per 100m2
and coarse sand 1.9 Cu.m. per 100m2 and hot cut back bitumen over a
tack coat of hot cut back bitumen.
13. 5 cm thick bitumen concrete surfacing using stone aggregate 4.8 Cu.m. 370 Sq.m.
(60%25 mm nominal size and 40% 20 mm nominal size) per 100m2
and coarse sand 2.4 Cu.m. per 100m2 and hot cut back bitumen over a
tack coat of hot cut back bitumen.
14. 6 cm thick bitumen concrete surfacing using stone aggregate 5.8 Cu.m. 280 Sq.m.
(60%40 mm nominal size and 40% 25 mm nominal size) per 100m2
and coarse sand 2.9 Cu.m. per 100m2 and hot cut back bitumen over a
tack coat of hot cut back bitumen.
15. 7.5 cm thick bitumen concrete surfacing using stone aggregate 7.3 230 Sq.m.
Cu.m. (60%50 mm nominal size and 40% 40 mm nominal size) per
100m2 and coarse sand 3.65 Cu.m. per 100m2 and hot cut back
bitumen over a tack coat of hot cut back bitumen.
16. 2.5 cm bitumastic sheet using stone aggregate 1.65 Cu.m. (60% 12.5 750 Sq.m.
mm nominal size 40% 10 mm nominal size) per 100 Sq.m. and coarse
sand 1.65 Cu.m. per 100 Sq.m. and hot cut back bitumen over a tack
coat of hot cut back bitumen.
17. 4 cm bitumastic sheet, using stone aggregate 2.6 Cu.m. (60% 12.5 mm 560 Sq.m.
nominal size, 40% 10 mm nominal size) per 100 Sq.m. and coarse
sand 2.5 Cu.m. per 100 Sq.m. and hot cut back bitumen over a tack
coat of hot cut backbitumen.
18. Laying full grouted surface using stone aggregate 40 mm nominal size 460 Sq.m.
6.10 Cu.m. per 100 Sq.m. with binder, binding with 20 mm to 12.5
mm nominal size stone grit. 1.83 Cu.m. per 100 Sq.m. and seal coat of
binder and stone grit 10 mm nominal size, 1.07Cu.m. per 100Sq.m.,
the binder being hot bitumen or tar as specified.
19. Laying full grouted surface using stone aggregate 50 mm nominal size 370 Sq.m.
9.14 Cu.m. per 100 Sq.m. with binder, binding with stone grit 20 mm
to 12.5 mm nominal size 1.83 Cu.m. per 100 Sq.m. and seal coat of
binder and stone grit 10 mm nominal size, 1.07Cu.m. per 100 Sq.m.,
the binder being hot bitumen or tar,
20. 4cm. thick premix macadum surfacing using stone aggregate 25 mm 560 Sq.m.
nominal size 4.57 Cu.m. per 100 Sq.m. and hot bitumin binding with
stone aggregate 12.5 mm nominal size 1.52 Cu.m. per 100 Sq.m. and
seal coat of hot bitumen and stone aggregate 10 mm nominal size 1.07
Cu.m. per 100 Sq.m.
21. 5cm. thick premix macadum surfacing using stone aggregate 25 mm 460 Sq.m.
nominal size 6.10 Cu.m. per 100 Sq.m. and hot bitumin binding with
stone aggregate 12.5 mm nominal size 1.52 Cu.m. per 100 Sq.m. and
seal coat of hot bitumen and stone aggregate 10 mm nominal size 1.07
Cu.m. per 100 Sq.m.
Date:
The Manager,
(Bank),
(Branch)
Sub: Inclusion of unique identifier code of AAI while transmitting BG cover messages
(SFMS) where beneficiary
Dear Sir/Ma'am,
I/We, , request you to include unique identifier AAIVARANASI in field 7037 of the SFMS
cover messages IFN 760COV (for BG issuance) and IFN 767COV (for BG amendment)
while transmitting the same to the beneficiary bank (ICICI Bank-IFSCICIC0000007).
Thanking You,
(Vendor/Customer/Concessionaire)
GCC-139
Annexure-A
Format Consent Letter
Dispute Resolution Clause 25- Para ii (b)
To,
The Chairman/Member/Regional Executive Director,
Airports Authority of India,
Sir/Madam,
Thanking you,
(……………………….)
Authorized signatory of
Encl: As above
GCC-140
Clause: Planning and Designing in purvieyy of Vulnerability Atlas of 'ndia
Vulnerability Atlas of India (VAl) Is a comprehensive document which provides
existing hazard scenario for the entire country and presents the digitized StatelUT -
wise hazard, maps with respect to earthquakes, winds and floods for district-wise
identification of vulnerable areas. It also includes additional digitized maps for
thunderstorms, cyclones and landslides. The main purpose of this Atlas is its use for
disaster preparedness and mitigation at polley planning and project formulation
~stage.
This Atlas is one of its kind single point source for the various stakeholders including
policy makers, administrators, municipal commissioners, urban managers,
engineers, architects, planners, public etc. to ascertain proneness of any
cltyJ1ocatlonlslte to multi-hazard which includes earth~uakes, winds, floods
thunderstorms, cyclones and landslides. While project formulation, approvals and
implementation of various urban housing, buildings and infrastructures schemes. this
Atlas prbvides necessary information for risk analysiS and hezsrd assessment.
The Vulnerability Atlas of India has been prepared by Building Materials and
Technology Promotion Council under Ministry of Housing and Urban Affairs,
Government of India and available at their website www.bmtpc.org.
It is mandatory for the bidders to refer Vulnerability Atlas of India for multi-hazard risk
assessment and include the relevant hazard proneness specific to project location
while planning and designing the project in terms of:
1. GENERAL
1.1 Special conditions of Contract shall be read in conjunction with General Conditions
of Contract, Technical Specifications, Drawings and any other documents forming
part of this contract wherever the context so requires.
1.2 Notwithstanding the sub-division of the documents into these separate sections and
volume every part shall be deemed to be supplementary to and complementary of
every other part and shall be read with and into the CONTRACT so far as it may be
practicable to do so.
1.3 Where any portion of the General Condition of Contract is repugnant to or at variance
with any provisions of the Special Conditions of Contract, unless a different intention
appears, the provisions of the Special Conditions of Contract shall be deemed to over-
ride the provisions of the General Conditions of Contract and shall to the extent of
such repugnancy, or variations, prevail.
1.4 Nothing extra shall be payable on account of various activities to be performed as per
special conditions of contract except where so specified.
2. COMPLETION SCHEDULE
2.1 The works shall be executed strictly as per time schedule mentioned in NIT. The
period of completion given includes the time required for mobilization as well as
design, testing, rectifications, if any, re-testing and completion in all respects to
the entire satisfaction of Engineer-in-Charge. The contractor shall have to plan his
construction program and activities so as to complete the work in the stipulated
period of time and this adherence will be a part of Contractor’s performance under
the contract.
3. SCHEDULE OF QUANTITIES
3.1 The schedule of quantities shall be read in conjunction with general conditions of
contract, special condition of contract, Technical specifications, drawing and any
other document forming a part of this tender. The quantities shown against the
various items are only approximate and subject to variations as made in General
conditions of the contract.
4.1 Royalty at the prevalent rates wherever payable, shall have to be paid by the
Contractor on the boulders, metal, shingle, sand, good earth, bajri etc. or any other
materials collected by him for the work direct to the revenue authority of the
District/States Government concerned.
5 TEMPORARY WORKS
5.1 The Tenderer should see the approaches and conditions of the same. If any approach
from main road is required at site or existing approach is to be made and maintained
for cartage of materials etc. by the Contractor, the same shall be provided, improved
and maintained by the Contractor at his own cost.
5.2 Wherever required, the contract shall segregate the site of work from operational area
by providing barricade of 9-1/2 feet high with G.I. sheets fixed on wooden ballies or
angle iron posts as directed by the Engineer-in-Charge. After completion of the work
these shall be removed and taken away by the contractor. Cost of providing the
barricades/fencing shall be borne by the contractor and shall be deemed to have
included in the rates quoted by him. However in case no segregation of area is
required, then decision of the Engineer-in-Charge/DGM, Engg.(Civil) will be final
and binding and no deduction in this respect will be made from the bills of the
contractor. Similarly nothing extra will be payable to the contractor to provide
barricades etc.
5.3 All Temporary and ancillary works including enabling works connected with the
work shall be responsibility of the Contractor and the price quoted by them shall be
deemed to have included the cost of such works and nothing extra is payable on this
account and these shall be removed by the contractor at his cost, immediately after
completion of the work.
5.4 Site clearance (as per the requirements) shall be arranged by the contractor at his own
cost and nothing extra shall be payable on this account. Also the contractor shall
remove all malba & any unusable accessories, if required at no extra cost. All the
salvageable materials received after demolitions, if any are to be stacked properly
and handed over to Engineer-in-Charge. These dismantled materials shall be the
property of the Airports Authority of India.
6. PAYMENTS
6.1 The bill shall be submitted as per clause 6A of GCC on or before the date fixed by
the Engineer-in-Charge for all the works executed since previous bill. The
contractor shall submit all the bills on the Performa prescribed by the Engineer-in-
Charge, through computerized billing in triplicate.
6.2 The payment shall be made from the AAI Office at LBSI Airport Varanasi.
Income Tax/Labor CESS deductions shall be made from all payments made to the
Contractor as per the rules and regulations in force in accordance with the Income
Tax/labor CESS Act prevailing from time to time.
8. WATER
Generally water required for the work shall not be given by the AAI and it has to be
arranged by the contractor. In case AAI water source is available near the worksite and
water can be spared to the contractor as per direction of the Engineer-in Charge, the
contractor may draw water from the AAI source as approved by Engineer-in Charge.
Testing of water, if required shall be got done by the contractor and testing charges shall
be borne by him. Wherever AAI water source is used by the contractor, 1% of gross bill
amount (work done) shall be deducted from the running/final bill.
9. POWER SUPPLY
The Contractor shall make his own arrangement of power for construction as well as for
general lighting at his own cost and make necessary payments directly to the Department
/ Authority concerned. The Contractor shall lay necessary wiring and arrange for main
switch and meter at his own cost and remove, the same on completion / termination of the
contract. In case AAI’s electricity source is available near the work site and electricity
can be spared to the contractor as per discretion of EIC, the contractor may draw
electricity from the AAI’s source as approved by the EIC. Necessary meter and
connection from the approved source shall be arranged by the contractor. No extra
payment towards meter and connection arrangement shall be paid by AAI. Wherever
AAI’s source of electricity is used by the contractor, charges as fixed by the local
electricity board/authority for per unit shall be charged from the contractor.
10.1 The contract agreement shall be executed on a non-judicial stamp paper of value
Rs.100/- and cost of the stamp paper shall be borne by the Contractor.
10.2 Contractor's tender including the letters of clarifications between the contractor and
the AAI prior to the award of contract shall form a part of the Contract Agreement
to the extent they have been accepted by AAI.
11.1 The contractor shall without prejudice to his overall responsibility to execute
and complete the work as per specifications and time schedule, progressively
deploy adequate equipments, tools, tackles and augment the same as decided by
the Engineer-in-Charge depending on the exigencies of the work so as to suit
the construction schedule.
12.1 Subject to the provisions in the tender document and without prejudice to
contractors’ liabilities and responsibilities to provide adequate qualified and skilled
personnel on the work. Contractor shall deploy site organization and augment the
same as decided by the Engineer-in-Charge depending on the exigencies of work.
No engineering personnel deployed at site shall be removed from the site without
prior approval of the Engineer-in-charge.
14.1 The Engineer-in-Charge or his authorized representative shall have full power to
inspect any portion of the work, examine the materials and workmanship at the
contractors works or at any other place from where the material is obtained.
Acceptance of any material shall in no way relieve the contractor of his
responsibility for meeting the requirement of the specifications.
14.2 Routine type tests for the various items of material shall be performed at the
contractor's works and test certificates furnished. The contractor shall permit the
Engineer-in-Charge or his authorized representative to be present during any of
or all the tests. After notification to the Engineer-in-Charge that the work has
been completed, the contractor shall make under the direction and in the
presence of Engineer-in-Charge such tests and inspections as have been specified
or as the Engineer-in-Charge shall consider necessary to determine whether or
not the full intent of requirements of the plans and specifications have been
fulfilled. In case the work does not meet the full intent of the specifications it
shall be rectified by the Contractor at no extra cost and the contractor shall bear
all the expenses for any further tests considered necessary.
14.3 The Engineer-in-Charge, may at his discretion, check the test results obtained at
contractors laboratory by independent tests at an approved laboratory. The cost
of such material, transport, cost of testing etc. shall be borne by the contractor.
Experience Certificate shall be issued to the agency only after the defect liability period
for the work is over. In case of any defects noticed during the defect liability period, the
contractor has to rectify the defects in accordance with the methodology/specifications
as decided by Engineer-In-charge or any approved Govt. College.
16.1 Entire site of work is in the restricted area. The contractor shall apply for security
clearance and security program to BCAS through e-SAHAJ portal and thereafter
airport security passes for all type of menpower & vehicles shall be permitted to
enter the LBSI Airport Varanasi only on possession of the security passes issued
by AAI / Security agencies on the recommendations of Engineer-in-charge. The
contractor shall apply in writing in advance of the commencement of work for
issue of security passes and shall submit a list of personnel concerned with their
addresses and shall satisfy the Engineer-in-charge who shall at his discretion, have
the right to recommend the issue of passes to control the admission of contract
labour, his agents, his staff and workmen. The contractor shall ensure that his men
shall work in areas / zones allotted to them. Passes shall be deposited with the
Engineer-in-charge on demand and in any case immediately after completion of
work. The contractor’s staff/workmen shall observe all the rules promulgated from
time to time by the concerned authorities such as prohibition of smoking &
lighting, search of persons on entry and exit, etc. any person found violating the
security rules laid down by the authorities will be expelled from the area without
assigning any reason whatsoever and contractor shall have no claim on this
account.
No storage accommodation will be arranged by AAI, contractor shall make all such
arrangements at his own cost to the satisfaction of Engineer-in-Charge.
18.1 The contractor shall be allowed to install plants and machineries, store and stack
the material within Airport premises in non-operational area subject to availability
of land. In case sufficient land is not available within AAI premises then
contractor will have to make arrangement on his own for parking of machineries,
vehicles and construction of temporary hutments. Nothing extra on this account
shall be payable to contractor. Location selected by Engineer-In-Charge shall be
final and binding and nothing extra shall be payable to the contractor for any extra
lead involved from the work site. The contractor shall not be permitted to enter on
(other than for inspection purpose) or take possession of the site until instructed to
do so by the Engineer-in-Charge in writing. The portion of the site to be occupied
by the contractor shall be defined and/or marked on the site plan, failing which
these shall be indicated by the Engineer-in-Charge at site and the contractor shall
on no account be allowed to extend his operations beyond these areas. In respect
of any land allotted to the contractor for purpose of or in connection with the
contract, the contractor shall be a license subject to the following and such other
terms and conditions as may be imposed by the licenser:
(iv) That the contractor shall be liable to vacate the land on demand by the Engineer-
in-Charge.
(v) That the contractor shall have no right to any construction over this land without
the written permission of the Engineer-in-Charge. In case, he is allowed to
construct any structure he shall have to demolish and clear the same before
handing over the completed work unless agreed to the contrary.
18.2 The contractor shall co-operate with any other agency working on the same
project, compare plans, specifications and the time schedule and so arrange his
work that there will be no interference. The contractor shall forward to the
Engineer-in-charge all correspondence and drawings so exchanged. Failure to
check plans for conditions will render the contractor responsible for bearing the
cost of any subsequent change found necessary, contractor should co-ordinate in
such a way that on no account there should be any disturbance to the work.
19 STANDARD OF WORKMANSHIP
19.1 The samples of the glass, frosted film, patch fittings, door lock, handles, floor
spring, SS tubes/poles and other necessary fixtures/fittings being used in the work
shall be submitted in the office of Engineer-In-charge for approval before
execution.
20. BYE-LAWS
20.1 The contractor shall comply with all by-laws and regulations of local and statutory
authorities having jurisdiction over the works and shall be responsible for
payment of all fees and other charges and for giving and receiving of all
necessary notices and keeping the Engineer-in-Charge, informed of the said
compliance with the bye-laws, payments made, notices issued and received.
20.2 The contractor shall indemnify the AAI against all claims in respect of patent
rights, design, trademarks of name or other protected rights in respect of any
plant, machine, work or materials used for or in connection with the work or
temporary works and from and against all claims, demands proceedings, cost,
charges and expenses whatsoever in respect of or in relation thereto. The
contractor shall defend all actions arising from such claims and shall himself pay
all royalties license fees, damages, costs and charges of all and every sort that
may be legally incurred in respect thereto.
i) Any materials or T&P etc. found lying outside the sites approved by the Engineer-
in-Charge shall be got removed by the Engineer-in-Charge at the risk and cost of
the contractor.
ii) With regard to construction safety measures, the contractor shall adhere to various
Indian Standard Codes of Practice, requirements of Provincial Government and
local Municipal Authority wherever the provisions of the latter two agencies shall
be more stringent than the provisions of the former. When these codes do not
exist, the contractor shall adhere to such safety measures as directed by the
Engineer-in-Charge.
iii) The contractor shall, during construction, provide barricades at his own cost as per
specifications prescribed by the Engineer-in-Charge to segregate the working area
to ensure safety of all concerned.
iv) The contractor shall be responsible for any damage, resulting from his operations,
either to buildings, structures, airport fixtures such as tower window glass panels,
underground cable, contact lights, hard surface areas, water mains, other
operational installations, Airport roads etc. The contractor shall restore, replace or
repair any such damage to the complete satisfaction of the Engineer-in-Charge and
in default the Engineer-in-Charge may cause the same to be made good by any
other means and deduct the expenses from any sums due to contractor.
23. No payment will be made to the contractor for damage caused by rains or other natural
calamities during the execution of the works and no such claim on this account will be
entertained.
24. The contractor shall remove the temporary barricades on completion of the work and
leave the site in a neat and tidy state. The payment of final bill will be subject to the
compliance of this condition by the contractor.
(a) Materials brought to the site by the contractor shall be stored by the contractor in a
safe/dry storage space. The contractor shall be responsible for safe custody of
materials at site till such time, the installation is commissioned and handed over to
the Engineer-in-Charge.
26.1 Necessary registers and stationeries required for entering data and test results
shall be provided by the contractor at his own cost as directed by the Engineer-
in-Charge.
26.2 Necessary diesel/petrol/fuel & lubricants etc. for smooth running of all the
equipments, vehicles and machineries deployed for the work shall be provided
by the contractor at his own expenses. In the event of any break down of any
vehicle/machineries deployed for the work, the contractor shall take prompt
remedial measure to put them back in working condition and nothing extra will
be paid. To minimize break down period, necessary spare parts shall be kept
readily available at site by the contractor at his own expense.
26.3 The agency is also required to provide safety devices to the manpower deployed
at site for the work as detailed below:-
i) Safety helmets and foot wears are to be provided for the workers.
ii) Safety belts, protective Goggles, Hand gloves, Safety Jackets, etc are to be
provided as per requirement and nature of job.
27 RECOVERIES
i) In case the agency fails to provide the safety devices as specified above an amount
of Rs. 100/- per head per day for safety devices shall be debited to the contractor's
account.
a) The contractor shall be responsible for the true and proper setting out of the work and
for the correctness of the positions levels, dimensions, alignments of all parts of the
works and for the provisions of all necessary applications and labour in connections
therewith.
b) If any time during the progress of the work any error may appear to arise in the position,
levels, dimension or alignments of any part of the work the contractor on being required
to do so by the Engineer-in-Charge shall at his own expense rectify such errors to the
satisfaction of the Engineer-in-Charge.
c) The checking or any setting out of any line by the Engineer-in-Charge or his
representative shall not relieve in any way the contractor of responsibility for the
correctness thereof and shall carefully project and preserve all bench mark site rails,
pegs and other things used in the set is out of work.
e) He shall also keep proper record of such permanent bench marks established denoting
therein their correct levels.
f) The work establishing all such bench marks shall be carried out only by experience staff
of the contractor with the help of precision instrument suitable for this type of work.
The instruments shall be checked for their accuracy and for permanent adjustment
before the commencement of the work and also frequent intervals during the progress of
the work.
g) All such bench marks established by the contractor shall be subjected to check and
approval of the Engineer-in-Charge or duly representative and valuations noticed in the
work as a result of improper establishment or maintenance of such bench marks shall be
at the contractor’s risk and expense.
h) The contractor has to adjust his work and progress to work in co-ordination with other
agencies working at site.
i) The materials such as Good earth, morrum, coarse & fine aggregate, Sand and other
materials shall be brought to site only after approval of the quarry / source by the
Engineer-in-Charge.
The Airports Authority of India reserves the right to apparition the work at different levels
amongst not more than two contractors, by negotiations if necessary.
30.1 Final bill will be worked out at the accepted tender rates and also with quoted
rates of other bidders. The amount of final bill to be paid will be restricted to the
lowest of all the bidders so that L-1 shall always remains L-1.
31. E-PAYMENT
The payments to the contractor shall be made through e-banking services. The contractor
shall open an account in any of the Nationalized Bank having core banking facility for
this purpose and shall intimate his account number, Name of branch with IFSC code
number, PAN No. and other relevant details to E-I-C within 10 days of signing the
agreement.
32.1 Independent contractor with separate PF code Number (Covered Establishment) The
contractor’s Establishment employing more than 20 persons are under statutory
obligations to obtain independent PF code number from PF authorities for deposit
of PF dues (Employees and employer’s contribution) together with EDLI and
administrative charges every month within 15 days of close of the month.
AAI is required to ensure that the PF due (i/c EDLI and administrative charges) in
respect of contract workers engaged for AAI works have been deposited by the
contractor every month by a separate challan and the documentary evidence in
support of such payments along with employee wise details of the PF contribution
(both employee’s share and the employer’s contribution) needs to be submitted to
the officer in charge for the work / contract. A record of these documents should be
maintained for each contractor for verification by the officers from the office of
regional PF commissioner/EPFO.
32.2 Contractor not having PF code Number (Uncovered Establishment The contractors
who are not covered EPF & MP Act, 1952, but for AAI “Obligation as principle
employer, are required to ensure compliance for recovery and deposit of PF dues
in respect of contract workers engaged for AAI work. Hence, such contractors are
required to obtain PF code against the work order/contract with AAI for necessary
compliance as brought out Para-1 above.
32.3 Recovery of Dues from the contractor (Sec. 8 A of PF & MP Act, 1952) In case
the contractor fails to comply with the above statutory compliance, the dues on
account of PF contribution (both employer’s employees’ contribution), EDLI and
administrative charges payable of EPFC may be ascertained as per provision of
32.4 All the manpower engaged by the contractor be provided Universal Account
Number (UAN) by himself by appropriately registering them to the EPFO Portal,
which can be done online.
a. The Agency must have their own Provident Fund Code/ Account Number
registered with the Regional Provident Commissioner and registration with ESI
Authorities.
b. On commencement of the work, the contractor shall continue to have valid PF and
ESI Code Number till conclusion of the contract.
c. ESI contributions are not to be collected for construction site workers by the
agency as per Hon’ble Supreme Court of India order dated 06/07/2018. Also no
reimbursement on account of ESI contribution shall be given by AAI till further
order by the Court/Govt. of India.
d. AAI reserves the right to withhold any payment if PF contributions are not paid by
the contractors and proof to that effect have not been produced regularly.
e. All the contract workmen engaged should be paid wages by crediting the wages in
his/her account through ECS after obtaining authorization from the contract
workers. The documentary evidence for the same shall be submitted monthly in the
office of AGM (ENGG-CIVIL).
The agency has to plan his resources accordingly so as to complete the work in the
allotted time period for the work.
The defect liability period for the work is 01 year. The agency is required to make sure
that any complaint in respect of performance of the product/s installed is addressed within
24 hrs after lodging of complaint in the matter and take all necessary measures such as
repair/replacement of the said product/s so that there is no scope of any hindrance in the
operations.
Works to be carried out as per the Bill of Quantities and any other related works
considered necessary for the main work, as decided by the Engineer-in-Charge.
The final drawings for the proposed work shall be made available to the agency before
execution of the work.
Experience Certificate shall be issued to the agency only after the defect liability period
for the work is over. In case of any defects noticed during the defect liability period, the
contractor has to rectify the defects in accordance with the methodology/specifications
as decided by Engineer-In-charge or any approved Govt. College.
35.1 The Contractor shall indemnify and keep indemnified AAI against all losses and
claims for injuries or damage to any person or any property whatsoever, which
may arise out of or in consequence of the construction and maintenance of the
works by them and against all claims, demands, and proceedings of or in relation
thereof.
36. PERFORMANCE
The contractor shall perform all works in substantial and acceptable manner in
accordance with the plans and specifications and in accordance with such further and
explanatory drawings, details and instructions as may from time to time be given by the
Engineer-in-Charge. The work must be progressed within such sections and at each
time as directed by the Engineer-in-Charge.
The contractor shall provide and do everything necessary for the proper execution of the
works according to the true intent and meaning of the drawing and specifications taken
together whether the same may or may not be particularly shown on that drawings or
described in the schedule of quantities, provided that the same can be reasonably
inferred there from.
It must be clearly understood that the whole of the conditions are intended to be strictly
enforced and that no extra charges in respect of extra work will be allowed unless they
are clearly outside the spirit and meaning of the conditions or unless such works shall
have been ordered in writing by the Engineer-in-Charge.
37. NUISANCE:
The Contractor shall not at anytime do, cause or permit any nuisance on the Site or do
anything which shall cause unnecessary disturbance or inconvenience to owners, tenants
or occupiers of other properties near the Site and to the Public generally.
The duties of the representative of the Engineer-in-Charge, are to watch and supervise
the Works and to test and examine any materials to be used or workmanship employed
in connection with the Works. He shall have no authority to order any work involving
any extra payment by AAI nor to make any variation in the Works.
39.1 The Engineer-in-Charge may from time to time in writing delegate to his Representative
any of the powers and authorities vested in the Engineer-in-Charge and shall furnish to
the Contractor a copy of all such written delegation of powers and authorities. Any
written instruction or written approval given by the Representative of the Engineer-in-
Charge to the Contractor within the terms of such delegations shall bind the Contractor
and AAI as though it had been given by the Engineer-in-Charge.
39.3. If the Contractor shall be dissatisfied with any decision of the Representative of the
Engineer-in-Charge he shall be entitled to refer the matter to the Engineer-in Charge
who shall thereupon confirm, reverse or vary such decision.
The work is to be carried out in restricted area; all the necessary passes required shall
be obtained by the contractor for his concerned laborers, supervisors, transport,
machineries, etc. from the concerned authority for entire period of work. No extra
payment shall be made by AAI in this regard.
Subject to any provisions to the contrary contained in the Contract, permanent works
shall be carried out during night or on Sundays or on authorized holidays with the
permission of the Engineer-in-Charge.
42. Tenderers are advised to inspect and examine the site and its surroundings and satisfy
themselves before submitting their Tenders as to the nature of the ground and sub soil
(so far as is practicable), the form and nature of the site, the means of access to the site,
the accommodation they may require, working conditions including space for stacking
of materials, installation of T&P, rates of various materials to be incorporated in works,
43. Submission of a Tender by a Tenderer implies that he has read this notice and all other
contract documents and has made himself aware of the scope and specifications of the
works to be done and of conditions and rates at which stores, tools and plant, etc. will be
issued to him by Airports Authority of India, local conditions, local material rates and
other factors bearing on the execution of the works.
1.0 PREAMBLE
1.01 These technical specifications shall be read in conjunction with the various other
documents forming the contract, namely Notice Inviting Tender & Instructions to
Tenderers, Conditions of Contract, Special Conditions of Contract, Bill of Quantities
and other related documents, together with any addenda thereto issued.
e) Setting of field testing laboratory with all required apparatus and staffs for
conducting day to day quality control tests.
f) Any other item of work which is not specifically provided in the Bill
of Quantities but which is necessary for complying with the provisions of the
contract.
C – Nil
I – Nil
O – Nil TS-Page 1
i) Provision of adequate number of constructional Plant and machinery for
mechanized system of construction, handling and transportation ;
iii) Fulfill all the Contractor's labour regulations i.e fair wages display of
notices regarding wages, payment of wages, labour records, attendance
cards-cum-wage slips, labour welfare etc. as per standard practices and
norms applicable at site;,
3.02 All fossils, gold, silver, oil and other minerals, precious stones, coins, article of
value, of antiquity and structures and other remains / things of geological or
archaeological interest discovered on the site of the works shall be notified by the
Contractor immediately to the Engineer-in-Charge for onward information to the
concerned authorities.
3.03 The Contractor shall take all reasonable precaution to prevent his workmen or any
other person from removing or damaging any such article(s) or thing(s) and
protect the same till the removal as per the instructions of the Engineer-in-Charge.
3.04 Clearance of the site of all rubbish, debris, vats, tanks, materials, temporary
structures, plant and machinery, scaffoldings and filling of all pits, excavation and
hand over the site in a tidy and cleaned condition.
3.05 Opening up of covered work if instructed by the Engineer, if such covering was done
before inspection by the Engineer or without permission/approval from the
Engineer-in-Charge.
3.06 During the construction of the airfield pavement, the light foundations will have to
be provided as per the drawings, specifications and directions of the Engineer-in-
Charge at such appropriate stage as decided by him. The Contractor shall obtain the
approval of the Engineer-in-Charge the work plan for placing the light foundation at
their designated places. The rest of the pavement will be constructed around these
foundations in place without causing any damage to the foundation. The rate quoted
shall include all these requirements. During execution of works for providing
shoulders, rolling operation should be conducted with utmost care so as not to
damage the existing light fittings. Excavation and compaction around light fittings
shall be done manually.
4.0 GENERAL
4.01 The works will be executed as indicated in the nomenclature of each item and
technical specifications as given hereunder as made applicable to this contract.
4.02 In the absence of any definite provision in the technical specifications contained
herein, reference may be made to the latest CPWD, MOST, IRC, ICAO Specifications
C – Nil
I – Nil
O – Nil TS-Page 2
and IS codes, in that order. Wherever these are silent, the construction and
completion of the works shall conform to sound engineering practice and in case
of any dispute arising out of the interpretation of the above, the decision of the
Engineer-in-Charge shall be final and binding on the Contractor.
4.03 In addition, the abbreviations CPWD, IRC, MOST, IS, BS, ICAO ASTM, AASHTO shall
be considered to have the following meaning:-
CPWD : Central Public Works Department
IRC : Indian Road Congress
MOST : Ministry of Shipping & Transport (Road Wing) Government of
India
IS : Indian Standard of the Bureau of Indian Standards
BS : British Standard of the British Standard
ICAO : International Civil Aviation Organization
ASTM : American Standards of the American Society of Testing
Materials
AASHTO : American Association of State Highway and Transportation
Officials
All the codes of practice, standards and specifications applicable shall be the latest
editions with upto date correction slips etc. or as directed by the Engineer-in-Charge.
5.0 TESTING
5.01 It is made clear that cost of testing, cost of material for testing, all field apparatus
required for sampling and testing as per CPWD/IS codes and manpower incident to
such testing will be provided along with necessary transport arrangement to and
for the approved testing agency or laboratory by the Contractor during the
construction phase of the work and defect liability period. The expenditure in this
regard shall be borne by the Contractor and nothing extra shall be payable by AAI
on this account. Field laboratory with all the required apparatus and staffs shall be
established by the Contractor at site of work at his cost for carrying out field tests at
stipulated frequencies.
C – Nil
I – Nil
O – Nil TS-Page 3
specifications applicable shall be the latest edition with all correction slips, etc, or as
directed by the Engineer-in-Charge.
IRC SPECIFICATION
IRC:10 Recommended Practice for Borrow pits for Road
Embankment Constructed by Manual Operation.
NUMBER/DESIGNATION TITLE
IRC:19 Standard Specification and Code Practice for Water Bound
Macadam (Second Revision)
IRC:SP 11 Hand Book of Quality Control for construction of Roads
and apron (First Revision)
IRC:SP 53 Guidelines on use of Polymer and rubber modified
bitumen in road construction.
INDIAN STANDARDS
IS:838 Coarse and fine aggregates from natural sources for
concrete.
IS:456 Code of practice for plain and reinforced concrete.
IS:460 (Part I to III) Testing Sieves
IS:516 Methods of test for strength of concrete.
IS:1124 Method of test for water absorption, apparent specific
gravity and porosity of Natural Building Stone.
IS:1199 Methods of sampling and analysis of concrete.[
IS:2386 Methods of test for aggregate for concrete:-
(Part –I) Particle size and shape.
(Part –II) Estimation of deleterious materials and organic impurities.
(Part –III) Specific gravity, density, voids, absorption and bulking.
(Part –IV) Mechanical Properties.
(Part –V) Soundness
(Part –VI) Measuring mortar making properties of fine aggregates.
(Part –VII) Alkali-Aggregate reactivity
(Part –VIII) Petrography Examination
IS:2720 Methods of tests for soils:
(Part –II) Determination of water content
(Part-III) (Section-I) Determination of specific gravity, section I fine grained
soils.
(Part-III) (Section-II) Determination of specific gravity, fine medium and coarse
grained soils.
Part-IV Grain size analysis
NUMBER/DESIGNATION TITLE
Part-V Determination of liquid and plastic limit.
Part-VII Determination of water content dry density relation using
light compaction.
Part-VIII Determination of water content dry density relation using
heavy compaction.
Part-XVI Laboratory determination of CBR.
Part-XXVII Determination of total soluble sulphate.
Part-XXVIII Determination of dry density of soils inplace by core cutter
method.
C – Nil
I – Nil
O – Nil TS-Page 4
Part XXIX Determination of dry density of soils inplace by core cutter
method.
IS:5640 Method of determining the aggregate impact value of soft
coarse aggregate.
IS:6241 Method of test for determination of stripping value of
road aggregates.
IS:8112 43 grade ordinary Portland Cement.
IS: 1489 Pozzolana Portland Cement.
BS:5212, Part-I, 1990 Two parts polysulphide based sealants.
ASTM/BS
STANDARDS/SPECIFICATION
ASTM:D-1559 Test for resistance to plastic flow of bituminous mixtures
using Marshall apparatus.
ASTM:D-2172 Extraction quantitative, of bitumen from bituminous
paving mixtures.
ASTM:E-11-39 Sieves for testing purpose “Wire Cloth sieve round hole
and square” hole plate screen of Sieves.
BS:410 Test Sieves.
MOST Specification “Specification for Road and Bridge Works” fourth revision
reprinted in September, 2004. Issued by Ministry of
Surface Transport (Roads Wing) and published by Indian
Roads Congress.
ICAO’s Annex 14 Annexure 14 of the convention on International Civil
Aviation.
C – Nil
I – Nil
O – Nil TS-Page 5
Topographical Survey
Area for TopographicalSurvey;
Op..Area 1 - 827 Acres
Op. Area 2 - 12.80 Acres
Op. Area 3 - Hl.50cAcres
Op. Area4·6.70 Acres
Schedule of Quantity (SOQ)
Name of Work:- Construction of New Terminal Building, Apron Extension, Runway Extension and other associated works at LBSI Airport, Varanasi.
SH: Topographical Survey, Contour Maps, Quantity Computation, etc
Page 1 of 2
S.No. Description of Item Unit Qty.
2 Extra for preparation and submission of levels of top profile (transverse and longitudinal sections) of existing as well as extended/new
runways, all taxiways and aprons/bays based on reduced level of end of individual existing structures (as achieved to by execution of
item no. 1) as well as longitudinal and transverse slope for top profile, both provided by AAI (for complying to requirements of DGCA
CAR/ICAO), and also for preparation and submission of quantity calculation of earth work in cutting/filling needed to achieve proper
slope and gradient based on the data obtained from Topographical survey & contour map at item no. 1 and as above, complete in all
respect as decided by Engineer‐in‐charge. Submission of 4 sets of quantity calculation sheets i.e, 3no hard copies and 1no soft copy (in acre 665
excel as well as CAD format also)). Note: Soft copy in excel sheet should contain excel formulae based on which quantity have been
calculated and necessary provision should be made in the excel that if in future any changes are made in top slopes and entered in excel
sheet, corresponding quantity should be computed automatically.
Page 2 of 2