GOVERNMENT OF HIMACHAL PRADESH

PUBLIC WORKS DEPARTMENT

STANDARD

LUMP SUM TENDER DOCUMENT

ZONE ………………………………………………

CIRCLE ………………………………………………

DIVISION ………………………………………………

SUB-DIVISION ………………………………………………

NAME OF WORK ………………………………………………

………………………………………………

REFERENCE ………………………………………………

OF SANCTION

SANCTION AMOUNT ………………………………………………

AGREEMENT NO ………………………………………………

LUMPSUM CONTRACT DOCUMENT

CONTENTS

CHAPTER-I

GENERAL CONDITIONS OF TENDER

1. Location and description of work Page-1

2. Time Limit Page-1

3. Application for tender documents Page-1

4. Form on which tender is to be drawn Page-1

5. Date, time and place of submitting tenders Page-1

6. Procedure for submitting tenders Page-1

7. Earnest Money Page-1

8. Other conditions for submission of tenders Page-2

9. Opening of tenders Page-2

10. Rejection of tenders Page-3

CHAPTER-II

CONDITIONS RELATING TO AWARD OF WORK

11. Award of work Page-4 .

12. Security Deposit Page-4

13. Performance Bond Page-4

14. Return of security deposit Page-4

CHAPTER-III

CONDITIONS OF CONTRACT

SECTION I- DEFINITIONS AND INTERPRETATIONS

15-25. Definitions Page-5

26-27. Interpretations Page-5

SECTION II - SCOPE OF THE CONTRACT

Scope of work

28. Intent of plans and specifications Page-6

29. Urgent works Page-6

30. Materials found at site Page-6.

31. Deviations Page-6

32. Temporary service roads, removal of obstructions etc Page-6

33. Final clearing of site Page-6

Materials

34. General Page-6

35. Materials to be supplied by Department Page-7

36. Procurement of materials Page-7

37. Storage (including explosives) Page-8

38. Sampling and testing Page-8

39. Defective materials Page-8

40. Patent Rights Page-8

Plant and Equipment

41. General Rules Page-8

42. Conditions of hire of Departmental T and P Page-9

Programme of Construction

43. Programme Page-10

44. Progress of works Page-10

45. Submission and Approval of designs and Drawings Page-10

46. Extension of time Page-10

SECTION III - PERFORMANCE OF THE CONTRACT

Work Control

47. Authorities of the Engineer-in-charge’s representative Page-11

48. Subletting of contracts Page-11

49. Admission to site Page-11

50. Setting out of work Page-11

51. Limitations of operations Page-11

52. Notice to Local Bodies Page-12

53. Facilities to other contractors Page-12

54. Inspection of works Page-12

Measurements and Payments

55 Record and Measurements Page-12

56 Advance Page-13

57. Interim payment Page-13

58. Mode of payments and receipt for payments Page-14

59. Payments for deviations Page-14

60. Payments for variations in prices Page-14

61. Payments to Sub- contractors Page-15

62. Acceptance and final payments. Page-15

63 Over Payments and under payments. Page-15

Suspension of works, disputed claims, Arbitration and Termination of Contract.

64 Compensation for unreasonable delays Page-16

65. Disputed claims and arbitration Page-16

66. Final certificate, termination of responsibilities Page-16

67. Defects liability. Page-17

68 Termination of contract. Page-1 7-18

69. Excepted risks. Page-19

Labour and General Laws

70. Labour regulations. Page-19

71. Modal rules for labour welfare. Page-20

72. Safety code. Page-20

73. Nuisance Page-20

74. Contractor’s Liability and insurance. Page-20

75 Training apprentices. Page-21

CHAPTER IV

SPECIMEN TENDER FORM

CHAPTER V

SITE CONDITIONS

76. Work site. Page-25

77. Environmental conditions. Page-25

78. Market Facilities. Page-25

79. Postal Facilities Page-25

80. Rail Facilities Page-25

81. Material Source Page-25

82. Bench marks and Reference Pillars Page-25

CHAPTER VI

DESIGN DATA AND SPECIFICATIONS

83. Basic date for the bridge 26

84. Design data 26

85. Design loading 27

86 Specifications. 27

87 Load tests 30

88 Feature of Departmental out line design 31.

CHAPTER VII

ENCLOSURES THAT FORM A PART OF CONTRACT

DOCUMENTS

Annexures I to XVI of the Contract Documents.

General Conditions. Page-32-60

GOVERENMENT OF HIMACHAL PRADESH

NOTICE INVITING TENDERS

PUBLIC WORKS DEPARTMENT

GENERAL INSTRUCTIONS

Division……. Sub-division…………..

1.  Tender in the prescribed forms PWD……… are hereby invited on behalf of Governor of H.P. for the name of work .………………………..…………………………………….

…………………………………………………………………………….Estimated cost of Rs. …………………………………………only.

Contract documents consisting of the detailed plan, specifications, the schedule of quantities of the various clauses of work to be done and the set conditions of contract to be complied with by the person whose tenders may be accepted can be down loaded from site http://hptenders.gov.in from …………(Date) …….Hrs to ……….date ………..Hrs .

2. The tender shall be submitted in to parts

Part-I Technical Bid

Part –II Financial Bid

3. Eligibility for bids :- The tenderer must fulfill following eligibility criteria:-

(a) Achieved in any one year a minimum financial turnover equal to Rs ……………… (as certified by Chartered Accountant, and at least 50% of which is from Civil Engineering construction works). The estimated cost of the work would not include maintenance cost for 5 years and the turnover will be indexed at the rate of 8% per year.

(b) satisfactorily completed, as prime contractor, at least one similar work equal in value half of the estimated cost of work (excluding maintenance cost for five years) for which the bid is invited.

(c)The availability for construction work of technical personnel as stated below

For work less than Rs .100.00 lacs One Diploma Engineer with 5 years experience

For work more than Rs 100.00 lacs One Graduate Engineer with 5 Years experience Or Diploma Engineer with 10 years experience

For work more than Rs 500,00 lacs One Graduate Engineer with five years + one diploma engineer with five years experience

(d) The availability of liquid assets and/or credit facilities, net of other contractual commitments and exclusive of any advance payments which may be made under the Contract, of not less than the amount equal to minimum work to be done in two months

(e) Bidders who meet the minimum qualification criteria will be qualified only if their assessed available bid capacity for construction works is equal to or more than the total bid value. The available bid capacity will be calculated as under:

Assessed Available Bid capacity = ( A*N*M - B )

Where :

A =Maximum value of civil engineering works executed in any one year during the last five years (updated to the price level of the financial year in which bids are received at the rate of 8 percent a year) taking into account the completed as well as works in progress.

N =Number of years prescribed for completion of the works for which bids are invited (period up to 6 months to be taken as half-year and more than 6 months as one year).

M =2(Two)

B = Value, at the current price level, of existing commitments and on-going works to be completed during the period of completion of the works for which bids are invited.

Note: The statements showing the value of existing commitments and on-going works as well as the stipulated period of completion remaining for each of the works listed should be countersigned by the Engineer in charge, not below the rank of an Executive Engineer or equivalent.

4.SUBMISSION OF TENDERS ONLINE MODE: For detail of tender document log on site http://hptenders.gov.in .The tenders can be downloaded from this site .The contractor are advised to The contractor must obtain Digital Signature Certificate (DSC) for licensed Certifying authority and thereafter register with site . The contractor has to upload the tender documents with DSC

5.The tenders shall be opened in the office of ……………………..on ………… Hours ……………and The bids shall be evaluated and successful bidders shall be called for the normalisation of technical proposals & conditions . The successful bidders shall be given chance to revise financial bid after normalisation of conditions .Thereafter the financial; bid shall be opened on the schedule date to be intimated by Executive Engineer .

6..site for the work is available/ or the site for the works shall be made available in parts as specified below.

7. The Security deposited will be collected by the deductions from the running bills of the contractor at the rate s mentioned above and the earnest money deposited at the time of tenders, will be treated as a part of the Security deposit.

The security deposit will also be accepted in:-

1.  Cash

2.  Promissory notes and stock certificate of Central Govt. or state Govt.

3.  Post office cash certificates, National Saving Certificate, Treasury Saving Certificates and National Plan saving certificate.

4.  Post office saving Bank Pass Books.

5.  Municipal Debenture or Post trust Bounds.

6.  Deposit Receipts of recognized Bank approved by the Govt .for the purpose.

8. The acceptance of a Tender will rest with the Executive Engineer, who does not bind himself to accept the lowest tender, and reserves to him the authority to reject any or all of the tenders received without the assignment of reason. All tenders in which any of the prescribed conditions are not fulfilled or are incomplete in any respect are liable to rejected.

9. Canvassing in connection with tenders is strictly prohibited and the tenders submitted by the contractors who resort to canvassing will be liable to rejection.

10.On acceptance of the tender, the name of the authorized representative (S) of the Contractor who would be responsible for taking instructions from the Engineer-in-Charge.

11. (Omitted ) Special care should be taken to write the rates in figures as well as in worlds and the amount in figures, only in such way that interpolation is not possible. The total amount should be written both in figure and in worlds and in case of figures, the world Rs. Should be written before the figures of rupees and worlds “P” after the decimal figures, e.g. Rs.2.15, and in case of world s the word’ Rupees’ should precede and the words’ Paisa’ should be written at the end. Unless the rate is in whole rupees and followed by the words’ only’ it should invariably be up to two decimal place. While quoting the rate in schedule in quantities, the world “only’ should be written closely following the amount and it should not be written in the next line.

12. The Government of H.P. doses not bind himself to accept the lowest or any other tender and reserves to himself the fight of accepting the whole or any part of the tender and the tenderer shall be bound to perform the same at the rate quoted.

13. Sale tax or any other tax on material in respect of this contract shall be payable by the contractor and Govt. will not entertain any claim whatsoever in this respect or deduction at source will be regulated under the provision of the sale tax. Act.

Percentage (2%) sale tax will be deducted from the bills of the contractor under section 12-A of the Pradesh General sales tax 1968 as per Gazetted Notification published in H.P. Rajpatra dated 4/8/1995

14. The contractor shall not be permitted to tender for works in the HP.PWD (responsible for awards and execution of contracts) in which his near relative is posted as Divisional Accountant or as officer in any capacity between the grades or Superintending Engineer and Junior Engineer (both inclusive). He shall also intimate the names of persons who are working within him in any capacity or are subsequently employed by him and who are near relatives to any gazetted officer in HPPWD Department in the ministry of urban development. Any branch of this condition any the contractor would render him liable to be removed from the approved list of contracts or this Department.

15.The contractor shall give a list of non-gazetted HPPWD employees related to him.

16.No Engineer of Gazetted rank or other Gazetted officer employed in Engineering or Administrative duties in an Engineering Department of the Govt. of H.P. allowed to work as a contractor for a period of two years of his retirement from Govt. services without the previous permission of the Govt. of H.P. This contract is liable to be conceded if either the contractor or any of his employees is found at any time to be such a person who has not obtained the permission of the Govt. of H.P. as aforesaid before submission of the tender or engagement in the contractor’s service.

2.  The tender for works shall remain open for acceptance for a period of …..Days from the date of opening of tenders.

3.  The contractors exempted from payment of earnest money/security deposit in individual cases should attach with the tender deposit and should produce the original whenever called upon to do so.

4.  The tender for the work shall not be witnessed by a contractor or contractors who himself/themselves has/have tendered or who may and has /have tendered for the same work. Failure to observe this condition would render tenders of the contractors tendering as well as witnessing the tender liable to similarly rejection.

5.  The tender for the composite work includes the building sanitary and water supply installations. Electrical works and Horticulture works.

6.  It will be obligatory on the part of the tenderer to tender and sign the tender documents for all the components parts and that after the work is awarded, he will have to enter into an agreement for each component with the competent officer concerned:-

(a)  Executive Engineer civil for civil component.

(b)  Dy. Director of Horticulture for horticulture Components.

7.  The tenderer apart from being a (B&R) contractor must associate himself with agencies of the appropriate class which are eligible to tender for sanitary and water supply installations, Electrical & Horticulture.

8.  He should also see all drawings and in case of doubt obtain required particulars from Executive Engineer which may in any way influence his tender as no claim whatsoever shall be entertained for any alleged ignorance thereof.

9.  If on check there are differences between the rates quoted by the contractor in works and in figures or in the amount worked out by him, the following procedure shall be followed:-

(i)  When there is difference between the rates in figures and in works the rates which corresponded to the amounts worked out by the contractor shall be taken as correct.

(ii)  When the amount of an item is not worked out by the contractor or it does not corresponded with the rate written either in figur3es or in words , then the rate quoted by the contractor in works shall be taken as correct and not the amount.

(iii) When the rate quoted by the contractor in figures and in works tallies but the amount is not worked out correctly the rate quot3ed by the contractor shall be taken as correct and not the amount.