special conditionsiafw -2249) 2.1 contractor’s special attention is drawn to conditions 2a and 3...

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CA NO:CE(NW)/Kochi/ / 2017-18 Serial Page No 91 SPECIAL CONDITIONS 1.0 BLANK 2.0 SECURITY OF CLASSIFIED DOCUMENTS (REFER CONDITION 2A & 3 OF IAFW-2249) 2.1 Contractor’s special attention is drawn to conditions 2A and 3 of General Conditions of contracts (IAFW-2249) and also to the Indian Official Secret Act – 1923 (particularly section 5). The contractor is bound by the provisions of the Ac t. The contractor shall not communicate any classified information regarding works either to sub contractor(s) or others with out prior approval of Engineer-in- Charge. The contractor shall also not make copies of the design/drawings and other documents furnished to him in respect of works and he shall return all the documents on completion of the work or on earlier termination of the contract. The contractor shall alongwith final bill attach a receipt from the Engineer-in – Charge in respect of his having returned the classified documents as per condtion 3 of the General conditions of Contracts (IAFW-2249). 3.0 INSPECTION OF SITE AND RELEVANT DOCUMENTS (REFER CONDITION 4 OF IAFW-2249) :- The contractor is required to visit the site of works and make himself thoroughly acquainted with the working conditions and of the approaches/accessibility to site availability of materials and all other relevant conditions affecting the completion of entire work. He is required to make himself fully acquainted with the nature and scope of work before tendering. For the purpose of inspection of relevant documents other than those sent herewith, the contractor is required to contact the Garrison Engineer who will give the reasonable facilities. The contractor shall be deemed to have visited the site before submitting the tender irrespective of whether he does it or not. 4.0 MATERIALS AND SAMPLES (REFER CONDITION 10 OF IAFW –2249) 4.1 The tenderer is advised to inspect samples of the local buildings materials maintained by the GE before submitting his tender. He will be deemed to have full knowledge of these materials whether he inspects them or not. The materials to be provided by the contractor shall conform to/shall be superior to the standard of samples displayed in the office of Garrison Engineer in matter of quality unless otherwise specified. 4.2 All materials unless otherwise specified (excluding the materials issued under Schedule’B’) supplied and incorporated in the works shall comply with the requirements of relevant Bureau of Indian Standards (BIS) (latest edition), duly ISI marked. Material having ISI certification marks issued by BIS only will be incorporated in the work except where specified “Makes” have been specified in which case such article/material/equipment of particular ‘Make’ specified shall only be incorporated in the works. These provisions shall supercede all the specifications given elsewhere in the tender documents. 4.3 The contractor shall produce samples of materials for incorporation direct to the GE and get them approved in the writing by the GE before commencement of work. All samples of materials, articles etc as approved shall be labeled as such and shall be signed by GE and contractor and kept in the safe custody of GE/Engineer-in- Charge. 5.0 RECORD OF MATERIALS AND PURCHASE VOUCHERS:- (a) The quantity of materials such as cement,steel,paints,Waterproofing compound,chemicals for Anti termite treatment and the like, as directed by the Engineer-in-Charge( The quantity of which can not be checked after incorporation in the work) shall be recorded in measurement books and signed by contractor and Engineer-in-Charge as a check to ensure that the required quantity has been brought to site for incorporation in the work.

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Page 1: SPECIAL CONDITIONSIAFW -2249) 2.1 Contractor’s special attention is drawn to conditions 2A and 3 of General Conditions of contracts (IAFW -2249) and also to the Indian Official Secret

CA NO:CE(NW)/Kochi/ / 2017-18 Serial Page No 91

SPECIAL CONDITIONS

1.0 BLANK 2.0 SECURITY OF CLASSIFIED DOCUMENTS (REFER CONDITION 2A & 3 OF

IAFW-2249) 2.1 Contractor’s special attention is drawn to conditions 2A and 3 of General

Conditions of contracts (IAFW-2249) and also to the Indian Official Secret Act –1923 (particularly section 5). The contractor is bound by the provisions of the Ac t. The contractor shall not communicate any classified information regarding works either to sub contractor(s) or others with out prior approval of Engineer-in- Charge. The contractor shall also not make copies of the design/drawings and other documents furnished to him in respect of works and he shall return all the documents on completion of the work or on earlier termination of the contract. The contractor shall alongwith final bill attach a receipt from the Engineer-in –Charge in respect of his having returned the classified documents as per condtion 3 of the General conditions of Contracts (IAFW-2249).

3.0 INSPECTION OF SITE AND RELEVANT DOCUMENTS (REFER CONDITION 4 OF IAFW-2249) :- The contractor is required to visit the site of works and make himself thoroughly acquainted with the working conditions and of the approaches/accessibility to site availability of materials and all other relevant conditions affecting the completion of entire work. He is required to make himself fully acquainted with the nature and scope of work before tendering. For the purpose of inspection of relevant documents other than those sent herewith, the contractor is required to contact the Garrison Engineer who will give the reasonable facilities. The contractor shall be deemed to have visited the site before submitting the tender irrespective of whether he does it or not.

4.0 MATERIALS AND SAMPLES (REFER CONDITION 10 OF IAFW –2249)

4.1 The tenderer is advised to inspect samples of the local buildings materials maintained by the GE before submitting his tender. He will be deemed to have full knowledge of these materials whether he inspects them or not. The materials to be provided by the contractor shall conform to/shall be superior to the standard of samples displayed in the office of Garrison Engineer in matter of quality unless otherwise specified.

4.2 All materials unless otherwise specified (excluding the materials issued under

Schedule’B’) supplied and incorporated in the works shall comply with the requirements of relevant Bureau of Indian Standards (BIS) (latest edition), duly ISI marked. Material having ISI certification marks issued by BIS only will be incorporated in the work except where specified “Makes” have been specified in which case such article/material/equipment of particular ‘Make’ specified shall only be incorporated in the works. These provisions shall supercede all the specifications given elsewhere in the tender documents.

4.3 The contractor shall produce samples of materials for incorporation direct to the

GE and get them approved in the writing by the GE before commencement of work. All samples of materials, articles etc as approved shall be labeled as such and shall be signed by GE and contractor and kept in the safe custody of GE/Engineer-in- Charge.

5.0 RECORD OF MATERIALS AND PURCHASE VOUCHERS:-

(a) The quantity of materials such as cement,steel,paints,Waterproofing compound,chemicals for Anti termite treatment and the like, as directed by the Engineer-in-Charge( The quantity of which can not be checked after incorporation in the work) shall be recorded in measurement books and signed by contractor and Engineer-in-Charge as a check to ensure that the required quantity has been brought to site for incorporation in the work.

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(b) Materials brought to site shall be stored as directed by the Engineer-in –Charge and those already entered in measurement book shall be suitably marked for identification.

(c) Contractors shall produce vouchers and invoices from the manufacturer and or their authorized agents as applicable for the full quantity of all the materials as claimed in RAR as “Material lying at site”. However purchase voucher in respect of ,Major E/M equipments such as DG set, transformer, lifts pumps, motors shall invariably be submitted even if these materials are not claimed in RAR as “Materials lying at site”. Regarding purchase voucher for cement & steel refer relevant particular specification clauses.

(d) The contractor shall on demand ,to produce to the GE, original receipted vouchers/Invoices inrespect of materials as stated in sub para ‘C’ above and voucher shall be verified / stamped by Engineer-in-Charge indicating contract number. The contractor shall ensure that materials are brought to site in original sealed in containers or packing bearing manufacturer’s marking except in the case of the total requirement less than the smallest packing.

(e) Bitumen shall be purchased directly from manufacturers only. The vouchers/invoices shall be defaced by the GE/Engineer-in-charge, indicating contract number under his dated signature and CTC thereof shall be kept on record so as avoid their being used again.

6 ----------- BLANK---------------------- 7.0 CO-OPERATION WITH OTHER AGENCIES

7.1 The contractor shall permit free access and generally afford reasonable facilities to other agencies or Departmental workmen engaged by Government to carryout their part of the works, if any, under separate arrangements. 7.2 The contractor’s prices shall be deemed to cater for all the above contingencies and nothing extra shall be admissible on this account. 8.0 DAMAGE TO EXISTING STRUCTURE/BUILDING :- Any damage done to

existing structure during the execution of work shall be made good by the contractor at his own cost and the site of work left clean and tidy on completion. Rectification/reinstatement/making good etc shall conform to the standard of materials originally used in the work and finalized work shall match with the existing work in all respects to the entire satisfaction of the GE. In case of any dispute on this account the matter shall be referred to the Accepting Officer whose decision in writing shall be final conclusive and binding.

9.0 CONTRACT LABOUR (REGULATION AND ABOLITION) ACT 1970 :- The contractor when required to employ more than twenty workmen on the works under this contract, shall be bound by the contract labour (Regulation and Aboliton Act 1970) and rules framed under. No contractor can undertake or execute his work without a licence issued by a licensing Officer.

10.0 MINIMUM WAGES : PAYMENT TO LABOUR (CONDITION 58 OF IAFW –2249) 10.1 Refer condition 58 of IAFW-2249. The contractor shall not pay wages lower than

minimum wages for labour as fixed by the Govt of India/State Govt/Union Territory whichever is higher.

10.2 The fair wages referred to in condition 58 of IAFW-2249 shall be deemed to be the same as the minimum wages payable as referred to above.

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10.3 The contractor shall have no claim whatsoever if on account of local factor and or regulations or otherwise he is required to pay the wages in excess of minimum wages as described above during the execution of work receipt except reimbursement refund of wages of labour specified hereinafter.

10.4 No payment to contractors/firms shall be made unless proof of payment of

wages to workmen is submitted by the contractors/firms. In case of payments are made in cash, certificate will be submitted by the contractors/firms along with undertaking by the concerned workmen asking for payment other than by cheque or by crediting in the bank account of the employee/workmen.

11.0 ANTECEDENTS OF CONTRACTORS AND THEIR AGENTS REPRESENTATIVE WORKMEN

11.1 The contractor shall employ only Indian Nationals and his representatives servants, workmen and verify their antecedents and loyalty before employing them on the works. He shall ensure that no person of doubtful antecedents and Nationality is, in any way associated with the works and if for reasons of technical collaboration or other consideration, the employment of any foreign national is unavoidable, the contractor furnish full particulars to this effect to the Accepting Officer at the time of submission of tender. The GE shall have full powers and without giving any reasons to the contractor immediately cease to to employ in connection of this contract any Representative Agent, servant and workmen or employee whose continued employment in his opinion is undesirable. The contractor shall not be allowed any compensation on this account. 12.0 ELECTRICITY SUPPLY 12.1 Electrical energy required for lighting and power, purpose shall be made available by MES at one point near the contractor’s shed marked in the site plan and KWH meter to register the power supplied shall be provided and installed by the MES. The contractor shall provide all necessary connection, cable fittings etc from the main switch in order to ensure proper supply of electricity. 12.2 The contractor shall be charged for the electric supply consumed for the work at Rs 15.74 per unit. (Rupees fifteen and paise seventy four only). 12.3 The aforesaid charge is inclusive of charges for meters to be installed by MES. 12.4 MES do not guarantee continuity of supply and compensation whatsoever shall not be allowed for supply becoming intermittent or break down in the system. 13. WATER 13.1 Water required for this work will not be supplied by the MES. Contractor shall make his own arrangements for the same. However tests as per relevant IS shall be carried out and test results shall be submitted to GE for approval. 14.0 RECORD OF CONSUMPTION OF CEMENT 14.1 For the purpose of keeping a record of cement brought and consumed by the contractor shall maintain a pucca/bound Register in the form approved by the Engineer-in-Charge showing daily receipt from MES, quantity used in works and balance in hand. This register shall be signed daily by the contractor/Contractor’s representative and the Engineer-in-Charge in token of their verification of its correctness. 14.2 The Register shall be kept at site in the safe custody of the Contractor during progress of work and he shall on demand produce the same for verification of Inspecting Officer. On completion of the work, the register shall be handed over to the Engineer-in-Charge for the record with MES.

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15.0 SECURITY AGAINST LOSS OR DAMAGE 15.1 The contractor shall furnish to the Engineer-in-Charge every morning distribution return to his plants/equipments on site of work stating the following particulars: -

i) Particulars of plants/equipments, their make, model No, if any, Regn No, if any, capacity, year of manufacture and year of purchase etc. ii) Total No (quantity) on site of work. iii) Location, indication No, quantity of each location of site of work. iv) Purchase value on the date of purchase. For the purpose of this condition, plant/equipment shall be given vehicle No i.e trucks and lorries but neither the workmen tools or any manually operated tools/equipment. The Engineer-in-charge shall record the particualrs supplied by the contractor in works dairy and send the return to the GE for record in his office.

16.0 RELEASE OF ADDITIONAL SECURITY DEPOSIT ( REFER CONDITION 22 AND 68 OF IAFW-2249) 16.1 The contractor in case he has to deposit Additional Security Deposit for the contract is advised to deposit the additional security in two equal parts so as to facilitate its release in accordance with condition 68 of IAFW –2249. 16.2 The additional security deposited by the contract will be released in two stages i.e 50% on payment of final bill and 50% on expiry of defects liability period as mentioned in paras 16.3 and 16.4 hereunder. 16.3 The release of 50% of additional security deposit in the first stage will be allowed only if there are no claims outstanding against the contractor in respect of the contract and the final bill are not “ MINUS”. In case any claims are outstanding against the contractor, and/or the final bill is “MINUS”, the amount of Security Deposit to be released will be adjusted against the outstanding amount due to the contractor. 16.4 The balance of 50% of additional security deposit will be released to the contractor after expiry of the defects liability period (vide condition 46) of the maintenance period in accordance with condition 68 of IAFW-2249 (General Conditions of Contracts) after the compliance with the requirements stipulated in that condition and/or elsewhere in the contract. 17.0 ROYALTIES 17.1 Reference Condition 14 of General Conditions of Contracts (IAFW-2249). No quarries on defence land are available. 18.0 PERIOD OF KEEPING THE TENDER OPEN 18.1 The tender shall remain open for acceptance for a period of 60 (sixty) days from the date of subsequent to bid submission end date. 19.0 NETWORK ANALYSIS 19.1 The time and progress chart to be prepared as per conditions of IAFW-2249 (General Conditions of Contracts) shall consists of detailed network analysis and a time schedule. The critical path network will be drawn by the contractor and approved by GE soon after the acceptance of tender. The time scheduling of the activities will be done by the contractor, so as to finish the work within the time schedule a firm calendar date schedule will be submitted in four copies within two weeks from the date of handing over the site. 19.2 During the currency of the work, the contractor is expected to adhere to the time schedule and this adherence will be part of the contractor’s performance under the contract. During the execution of the work the contractor is expected to participate in the review and updating of network undertaken by the GE. The review may be undertaken at the discretion of the GE either as periodical appraisal measure or when the quantum of work ordered on the contractor is substantially changed through deviation order or amendments. Any revision of time schedule as a result of the review will be submitted by

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the contractor by the GE within a week for his approval after due scrutiny. The contractor shall adhere to the revised time schedule thereafter. In case of contractor not agreeing with the revised schedule, the same will be referred to the Accepting Officer whose decision shall be final conclusive and binding. GE’s approval to the revised schedule resulting in a completing date beyond the stipulated date of completion shall be automatically account to a grant of extension of time. Extension of time shall be considered and decided by the appropriate authority mentioned in condition 11 of IAFW-2249 and separately regulated. 19.3 Contractor is expected to mobilise and employ sufficient resources to achieve the detailed schedule within the broad frame work of the accepted methods of working and safety. No additional payment will be made to the contractor for any multiple shifts or other incentive contemplated by him in his work schedule even though the time schedule is approved by the Department. 20.0 SITE CLEARANCE 20.1 (Refer condition 49 of IAFW-2249, General Conditions of Contract). The contractor shall remove from the site unused stores and huts and the like belonging to the contractor provided for the execution of work under this contract and the site of works shall be cleared off all rubbish and waste materials by the contractor and the site of work delivered in clean and tidy manner to the satisfaction of the Engineer-in-Charge on before the date of completion. Nothing extra whatsoever shall be paid to the contractor for such clearance of site. 20.2 The contractor shall clean all floors, remove cement/lime/pain drops etc clean the joinery, glass panes etc, touch up all painting work and carry out all other necessary items of work in connection there with and leave the whole premises clean and tidy to the entire satisfaction entire satisfaction of the Engineer-in-Charge before handing over the buildings. 21.0 QUALITY OF WORK AND FINISHES :- 21.1 To determine the acceptable standard of workmanship, portion of different works included in the Schedule ‘A’ (sample quarter/ Work)as decided by GE shall be completed by the contractor well in advance under close supervision of the Engineer-in-Charge and shall be got approved from the GE. The workmanship of various trades and finishes of this portion shall serve as guiding samples for work in the remaining buildings. 21.2 The contractor shall proceed with work in bulk only after satisfactory compliance of the requirements in para 21.1 above. The total completion period allowed for work shall be deemed to have made allowance for the requirement. 22.0 OUT OF POCKET EXPENSES :- Out of pocket expenses incurred by the

tenderer in submitting this tender shall not be reimbursed whether tender is accepted or not.

23.0 AVAILABILITY OF LAND FOR STORAGE OF MATERIALS 23.1 Delete the following in para 1 of condition 24 of IAFW –2249, General Conditions

of Contracts” In the event of areas of land...............alloted to him.] 23.2 The contractor shall be alloted free of charge, the area marked on layout plan for

the purpose of erection of temporary workshop, stores etc. No Defence land is available for accommodation of labour and canteen for which contractor shall make his own arrangement at his own expenses.

24.0 WORKING HOURS/DAYS :- The contractor or his workmen shall not be permitted

to work on Sundays, Holidays or after normal working hours without prior written permission of the GE./AGE(I).

25.0 CONDITIONS OF WORKING IN RESTRICTED AREA 25.1 Work under this contract lies in Restricted Area.

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25.2 Visit To The Site Before Tendering :- Permission to enter the Restricted Area at the time of submission of tenders can be obtained through the GE. Tenderers are advised to send prior intimation to the GE about the particulars of their agents, representatives etc, if any, dates any time of their proposed visits so that necessary arrangements may be made by GE to secure admission whether a tenderer visits the site or not be shall be deemed to have full knowledge of the restrictions on entering into/exit from and working within the Restricted Area. 25.3 ENTRY/EXIT :- The contractor, his agents(s), representatives, workmen etc and his materials, carts trucks or other means of transports etc will be allowed to enter through and leave from only such gate or/gates and at such times as the GE or authority incharge of the Restricted Area may at their sole discretion permit to be used. The contractor’s authorised representative is required to be present at the place of entry and exit for the purpose of identifying his carts, trucks etc to the personnel in charge of the security of Restricted Area. 25.4 IDENTITY CARDS OR PASSES :- The contractor, his agents and representative are required individually to be in possession of an identity Card or pass duly verified by the Police Department. The Identity Card or pass will be examined by the security staff at the time of Entry into or exit from the Restricted Area and also at any time or number of times inside the Restricted Area. 25.5 IDENTITY OF WORKMEN 25.5.1 Every workmen shall be in possession of an identity card. The identity card will be issued after through investigation of the antecedents of the labourers by the contractor and attested by the Officer-in-Charge of the unit concerned in accordance with the standing rules and regulations of the units. 25.5.2 Contractor shall be responsible for the conduct and action of his workmen, agents and representatives. 25.6 SEARCH :- Though search of all persons and transport shall be carried out at each gate and for as many time as a gate is used for entry or exit and may also be carried out at any time or any number of times at the work site with the Restricted Area. 25.7 FEMALE SEARCHES :- If the contractor desired to employ female labour on works to be carried out inside the area of a factory, Depot, Park etc and a female searcher is not borne on the authorized strength of the factory, Depot, Park etc at the time of submission of the tender, he shall be deemed to have allowed in his tender for pay and allowances etc for a female searcher (class IV servant/Group ‘D’ servant calculated for the period of female labour is employed by him inside the area. If more than one contractor has/have to be employed in addition to the additional female searchers (s) shall be distributed on an equitable basis between the contractors employing female labour taking into consideration the value and period of completion of their contracts. The GE’s decision in regard to the amount recoverable on this account from any contractor shall be final and binding.

25.8 WORKING HOURS 25.8.1 The units controlling restricted area, usually work during six days in the week and remain closed on the 7th day. The working hours available to contractor’s labour and staff are however, appreciably reduced because of the time taken in security checks carried out at the time of entry, exit and during working hours. 25.8.2 The exact working hours of the days and non-working days observed for the restricted area, where works are to be carried out shall deemed to have been ascertained by the contractor before submitting his tender. The tenderers attention is invited to the fact that the total number of working hours for a unit are prescribed in regulations and they can not be increased by the Garrison Engineer.

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25.8.3 Contractor’s materials transport etc, shall normally be permitted to go out of the area between 8.00 AM to 6.00PM only. 25.8.4 Contractor’s may also be allowed to carry out the work beyond 6.00 pm and upto 8.00 pm (day and night). However no movements or materials and transport out of site of works shall be permitted during night unless special permission obtained from the factories/unit authority.

25.8.5 WORK ON HOLIDAYS :- The contractor shall not carry out any work on gazetted holidays, weekly holidays and other non-working days except when he is specially authorised in writing to do so by the GE. The GE may at his sole discretion declare any days as holiday or non-working day without assigning for such declaration.

25.8.6 ACCESS TO RESTRICTED AREA AFTER COMPLETION OF WORKS After the works are completed and surplus stores etc returned to the contractor, his agents, representatives or workmen etc may not be allowed to have access to the restricted area except for attending any rectification of defects pointed out to him by the GE. 26 & 27 BLANK 28.0 REIMBURSEMENT/REFUND ON VARIATION IN TAXES DIRECTLTY RELATED

TO CONTRACT VALUE (a) The rates quoted by the tenderer / bidder shall be deemed to be inclusive of all the taxes and levies including GST. No reimbursement/refund for variation in rates of taxes, duties, Royalties, Octroi & other levies, and/or imposition/abolition of any new/existing taxes, duties, royalties, octroi & other levies shall be made except as provided in sub para (b) here-in-below. (b) (i) The taxes which are levied by Govt at certain percentage rates of contract sum/

Amount shall be termed as “taxes directly related to contract value” such as GST/ Labour Welfare Cess. The tendered rates shall be deemed to be inclusive of all “taxes/ GST directly related to Contract value” with existing percentage rates as prevailing on last due date for receipt of tenders. Any increase in percentage rates of “taxes/GST directly related to Contract Value” with reference to prevailing rates on last due date for receipt of tenders shall be reimbursed to the Contractor and any decrease in percentage rates of “taxes / GSTdirectly related to contract value” with reference to prevailing rates on last due date for receipt of tender shall be refunded by the Contractor to the Govt/deducted by the Govt from any payments due to the contractor. Similarly imposition of any new “taxes / increase in GST directly related to Contract value” after the last due date for receipt of tenders shall be reimbursed to the contractor and abolition or variation in rate of of any “taxes/ GST directly related to contract value” prevailing on last due date for receipt of tenders shall be refunded by the Contractor to the Govt/deducted by the Govt from the payments due to the Contractor. (ii) The Contractor shall, within a reasonable time of his becoming aware of variation in percentage rates and/or imposition of any further “taxes/ GST directly related to Contract value”, give written notice thereof to the GE stating that the same is given pursuant to this Special Condition, together with all information relating there to which he may be in a position to supply. The Contractors shall submit the other documentary proof/information as the GE may require. (iii) The Contractor shall, for the purpose of this condition keep such books of account and other documents as are necessary and shall allow inspection of the same by a duly authorized representative of Govt, and shall further, at the request of the GE furnish, verified in such a manner as the GE may require, any documents so kept and such other information’s as the GE may require. (iv) Reimbursement for increase in percentage rates/ imposition of “taxes/ GST directly related to contract value” shall be made only if the Contractor necessarily

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& properly pays additional “taxes/ GST directly related to contract value” to the Govt, without getting the same adjusted against any other tax liability or without getting the same refunded from the concerned Govt Authority and submits documentary proof for the same as the GE may require”.

29.0 SECURITY AND PASSES 29.1 Contractor’s attention is invited to condition 25 of IAFW-2249. He shall employ only Indian Nationals after verifying their antecedents and loyalty. The contractor shall on demand by the Engineer-in-Charge submit list of his agents, employees and work people concerned and shall satisfy the Engineer-in-Charge as to the bonafide of such people. 29.2 The Engineer-in-Charge shall at his discretion have the right to use passes as per rules and regulations of the installation/Area in force to control the admission of the contractor, his agents employees and work people to the site of the work or any part thereof. Passes should be returned at any time on demand by the Engineer-in-Charge or the authorities concerned and in any case on completion of work. 29.2.1 The contractor and his agents, employees and work people shall observe all the rules promulgated by the authority controlling the installation/Area in which the work is to be carried out eg, prohibition of smoking and lighting, fire precautions search of persons on entry and exist, keeping to specific routes, observing specified timing etc, nothing extra shall be admissible for any man hours etc, lost on this account. 30.0. CONDITION FOR CONCILIATION (a) Consequent to enactment of the Arbitration and Conciliation Act 1996, with an objective to encourage settlement of disputes which may arise under the contract as interim Arbitration special condition for conciliation is included. 30.1 SCOPE OF CONCILIATION 30.1.1 The scope of conciliation shall be only applicable to the following type of disputes with financial limit as indicated therein: -

(a) Disputes relating to levy of compensation for delay in completion-actual amount of compensation.

(b) Disputes relating to technical examination of works.

(c ) Disputes relating to interpretation of the provisions of the contract with reference to their application to parties.

(d) Disputes relating to non return of Schedule ‘B’ stores over issued to contractor.

(e) Any other dispute having fair chances of being resolved by conciliation and considered fit to be referred to conciliation by the parties. Note : For item (b), (c), (d) and (e) each as stated above the financial limit shall be Rupees Two lakhs or one percent of the contract amount whichever is less. 30.2 COMMENCEMENT OF CONCILIATION PROCEEDINGS 30.2.1 The party initiating conciliation shall send to the other party a written invitation to conciliate, briefly Identifying the subject of the dispute.

30.2.2 Conciliation proceedings shall commence when the other party accepts in writing the invitation to concilite. 30.2.3 If the other party rejects, the invitation, there will be no conciliation proceedings. If the party initiating conciliation does not receive a reply within 30 days from the date on which he sends or within such other periods of time as specified in the invitation, he may elect to treat this as a rejection of the invitation to conciliate and if he so elects, he shall inform in writing the other party accordingly.

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30.3 Number of Conciliations. There shall be a Sole Conciliator. 30.4 Appointment of conciliator :- All disputes brought out in Para 30.1.1 (a) to (e) above shall be referred to the sole Conciliator viz Serving Officer not below the rank of Superintending Engineer/Superintending Engineer (QS &C) having degree in Engineering or equivalent or having passed final/direct final examination of Sub Division II of Institution of Surveyors (India) to be appointed by the Engineer-in-Chief, Army Headquarters, New Delhi or in his absence the Officer officiating as Engineer-in –Chief or Director General of Works specifically delegated by the Engineer-in-Chief in writing. 30.5 Status of Effect of Settlement Agreement: - The settlement agreement signed by the parties as a result of conciliation proceedings shall have the same status and effect as it is an arbitral award on agreed terms. 30.6 On finalisation of conciliation proceedings the settlement agreement shall be signed by Accepting Officer on behalf of Union of India and Contractor or his accredited representative duly agreed and accepted. 30.7 The amount of settlement shall be treated as an agreed amount payable under the contract and such payment shall be processed through hand receipt. 31.0 QUALIFIED TRADESMEN (APPLICABLE FOR WORKS COSTING RUPEES ONE CRORE OR MORE) :- In compliance with the Condition 26 of IAFW-2249 (General Conditions of Contracts), the contractor shall employ skilled/semi skilled tradesmen who are qualified and possessing certificate in particular trade from Industrial Training Institute (ITI)/National Institute of Construction Management and Research (NICMAR)/ National academy of construction(NAC) Hyderabad. Similar reputed and recognized institutes by State/Central Government, to execute the works of their respective trade. The number of such qualified tradesmen shall not be less than 25% of total skilled/semi skilled tradesmen required in each trade. The contractor shall submit the list of such tradesmen alongwith requisite certificate to Garrison Engineer for verification and approval. Notwithstanding the approval of such tradesmen by GE, if the tradesmen are found to have inadequate skill to execute the work of their trades leading to unsatisfactory workmanship, the contractor shall remove such tradesmen within a week after written notice to this effect by the GE and shall engage other qualified tradesmen after prior approval of GE. GEs decision whether a particular tradesmen possesses requisite qualification, skill and expertise commensurate with nature of work shall be final and binding. No compensation whatsoever on this account shall be admissible. 32.0 OUTPUT OF ROAD ROLLER (REFERENCE CONDITION 15 OF IAFW-2249). 32.1 Where road rollers are hired by the department to contractors a logbook for each road roller shall be maintained by the department recording hours of working of the road roller. In case however, when the contractor procures road rollers from sources other than the department a log book for each road roller shall be maintained by him for recording hours of working of the road roller. Entries in the log book shall be signed by the contractor or his authorized representative and by the Engineer-in-Charge. 32.2 To ensure proper consolidation, road roller must work for atleast the number of days assessed on the basis of output given under. If the road roller has not worked for the number of days so assessed, recovery shall be effected from the contractor for the number of days failing short of the days assessed on the basis of output stipulated. The recovery shall be effected as under:-

(a) Where road roller is hired out only by the department to the contractor at rates given in Schedule ‘C’.

(b) Where the road roller is hired by the contractor only from sources other

than the department Rs. 2000/- per working day of 8 hours for 8 to 10 tonne roller.

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(c) Where road roller is hired by the contractor from the department and also

from sources other than the department at higher of the two rates given in Schedule ‘C’ of contract and para 23.2 (b) above.

32.3 The above provision shall not, however absolve the contractor of his responsibility of properly consolidating surfaces as required under the provision of the contract. 32.4 OUT PUT OF ROAD ROLLER PER DAY OF 8 HOURS:- ------------------------------------------------------------------------------------------------------------ Description of Work Out put per day of 8 hours with 8 to10 tonne power

roller ------------------------------------------------------------------------------------------------------------ i) Consolidation of water bound macadam 186 Sqm (stone metal) 10cm compacted thickness including spreading and consolidation with blinding material. ii) Ditto but 7.5cm compacted thickness –do- 248 Sqm

iii) Rolling formation surfaces 2000 Sqm

(iv) Semi dense asphaltic concrete 40mm 350 Sqm

v) Soling 150mm thick 500 sqm ------------------------------------------------------------------------------------------------------------ 33. BLANK 34 ADVANCE ON ACCOUNT (REFER CONDITION 64 OF IAFW-2249 (Applicable for contracts of value above fifty Lakh):- 34.1 Provided further, the contractor may be paid advance on account to the full value of the under mentioned materials only brought on the site, on his furnishing guarantee bond(s) from a schedule bank for the amount of the retention money which should otherwise be recoverable from him under the contract. 34.2.2 The Bank Guarantee Bond (s) shall be executed for a period and on a form as directed by the Accepting Officer. The contractor shall further arrange to extend the period of guarantee bond (s) of an when necessary, as directed by the Accepting Officer or shall furnish fresh guarantee bond (s) of similar value in lieu. 35.0 MATERIALS FOR FULL PAYMENT (a) Panelled shutters/Flush shutters/Glazed shutters and timber for joinery.

(b) Particle Board/ Ceiling board

(c) Aluminium Doors/Windows/Vents

(d) Sanitary Fittings

(e) Electric light fitting, ceiling fittings, Electrical equipment/machinery.

(f ) Any other items which are considered as material that deserves full payment in the

opinion of GE.

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(g) Reinforcement steel.

36.0 CHARGES FOR TESTING OF MATERIALS 36.1 The Contractor shall establish his own site lab without any extra cost to government for arrangements in the presence of the Engr–in-Charge. The type of tests and frequency of test to be carried out in such site lab shall be as per Appx ‘’E’ attached here-in-below of the tender. All equipment in site lab shall however be calibrated, sealed and handed over to MES for their custody. In such event no charges shall be recovered from the contractor for conducting such tests. The equipment required is decided and provided at site by the contractor as directed by the GE. However, materials, labour and technical staff required for the site tests shall be provided by the contractor without any extra cost to the government. The contractor shall be responsible for such tests to be carried out and for that they shall employ a competent technical representative as approved by the GE and all such tests shall be carried out in the presence of Engineer–in-Charge. Notwithstanding the above, government reserves the right to conduct test checks in zonal lab for such tests as and when desired by the Accepting Officer as per provision of IAFW 2249. (Condition 10-A). 36.2 The charges for tests shall be recovered from the contractor only if he does not carry out the test catered for in the contract and these are tested in the deptt laboratory / Zonal laboratory. The testing charges shall be recovered at the rates mentioned as per Appx ‘E’ of tender documents. Charges for testing of materials (if tested elsewhere) shall be borne by the Contractor. 36.3 The construction materials shall be tested as per the relevant IS, IRC as specified in SSR/CA document and shall be tested at a frequency as laid out in relevant IS/IRC 36.4 Level of testing shown in legend as A, B & C are defined as under :- (a) LEVEL ‘A’ : Level ‘A’ test indicates “Site Lab” means own site lab established by the contractor at the work site for such tests. Within 15 days of placement of work order No 1, site lab shall be established and fact reported by the contractor to GE in writing who will verify the fact and satisfy himself of the facilities provided. Thereafter, GE shall issue a certificate to this effect in writing listing out equipment particulars etc of each material test. Only after issue of this certificate by GE, the tests shall be carried out and materials so approved shall be incorporated in the work. Manpower, material and infrastructure like electricity, water etc required for conducting these tests shall be provided by the contractor . (b) LEVEL ‘B’ :- Level ‘B’ test indicates “Zonal Lab” means any lab of MES (c ) LEVEL ‘C’ :- Level ‘C’ test indicates stands for National Test House, SEMT Wing, Pune located in CME Pune –31/Govt approved Laboratories or Zonal lab where such facilities exists / Recognized Engg Colleges or Polytechnics where such facilities exist. 36.5 In case the contractor has not set up the site laboratory and the tests are carried out in Zonal or any other laboratory, the recovery shall be made at the applicable rates indicated hereinafter. 36.6 In case of non availability of testing facilities in MES Lab, the tests shall be conducted in any outside approved labs. Testing charges of materials/cubes carried out in approved laboratory shall be as per actual and shall be directly borne by the contractor. 36.7 A pre- fabricated cabin or masonry structure of size 6M x 4M shall be constructed as site lab and the following equipment with necessary testing accessories along with an experienced LAB TCEHNICIAN and sufficient technical literatures shall be provided at site lab.

Name of equipment :-

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(i) Compressive Strength Testing Machine – Electrically operated (ii) Oven (iii) Digital weighing Machine (iv) Sieve for Coarse & fine aggregate (v) Slump cone (vi) Cube moulds – 12 Nos (vii) Flakiness Index tools (viii) Hydrometer (ix) Measuring jars of different size (x) Dial gauge (xi) Pressure gauge (xii) Hydraulic jack & pump

(xiii) Moisture meter 37.0 EMPLOYEES PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ( EPF & MP) ACT 37.1 All contractors shall get themselves registered with Employees Provident Fund Organization and deposit the necessary contributions with the EPFO. All the workers deployed by contractors shall be enrolled as members of Provident Fund and should be given the Universal Account Number ( UAN). While submitting the Running Account Receipt and Final Bill, the contractor shall submit a certificate to the effect that all the workers employed directly or indirectly by him are registered for EPF and due contributions have been credited into their account. Failure to provide social security benefits to the workers employed by the contractor is an offence under EPF & MP Act and appropriate penal can be taken in case of failure to ensure compliance of the Act. 38.0 Dispute Resolution Board(DRB) (Condition 71 of AFW 2249 General condition of Contacts Refers) (Applicable for all contract of value more than Rs. 10 Crores)

1. During execution of the work or after completion or after

determination/cancellation/termination of the all disputes between the parties to contract arising out of the contract (except those for which decision of Accepting Officer or any other officer (CWE and / or GE) is expressed to be final and binding) including any disagreement by either party with any action, inaction, opinion, instruction, certificate or valuation by the Accepting Officer or his nominee the matter in dispute shall in the first place be referred to the Dispute Resolution Board(DRB). In case of disagreement with the decision of such DRB, any party may invoke arbitration clause.

2. The Constitution of the DRB shall be three member body as under :-

(i) Chairman: Joint DG (Contracts) of the concerned command Chief Engineer Where Jt Dg(C) is not posted in the Comd, any other Chief Engineer /Brig level offr poster in CE Comd shall nominated by Comd CE at his sole discretion.

(ii) Member 1 to Col/ Director rank officers of Comd CE or of any

other zonal CE be nominated by Comd CE. (iii) Member 2

2. The name of chairman and members shall be notified by the Accepting Officer within one month of the date of acceptance of contract.

3. Once the DRB is constituted the members and Chairman shall disclose in writing their neutrality and impartially about any personal interest in the work.

4. The dispute shall be referred to the chairman of the DRB by the concerned party

after giving notice to other party for invoking of this clause.

5. The DRB shall decide the dispute in accordance with the terms of the contract, principle of nature justice, equality and fair play.

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6. The DRB may fix oral hearing at a place, date and time as decided by the Chairman.

7. The requisite administrative support to the DRB shall be provided by the Accepting Officer.

8. All the contractor documents pertaining to the case shall be provided by the Accepting Officer for reference by the DRB.

9. DRB shall give its decision on the disputes within three month of notice from any party invoking the DRB clause. This period can be extended by one month with the consent of the parties.

10. All the decision given by the DRB shall be by majority and such decision shall be communicated in writing by Chairman to the parties.

11. If the decision of the DRB is not to the satisfaction of either party or if the DRB fails to give decision within the laid down time either party shall indicate his reservation on the decision to Accepting Officer within 30 days of such decision and to refer dispute for arbitration within the provision of Condition 70 of IAFW 2249 General Conditions of contract.

12. It shall be mandatory for the party invoking arbitration on any particular dispute to have first exhausted the remedy provided under the DRB clause for that particular dispute.

13. The mandate of the DRB shall terminate on complaint of one year from the date of completion/determination/cancellation/termination of the contract.

14. If any number or Chairman of the DRB is unable to function due to any reason whatsoever, or he resigns his appointment, Chief Engineer Command as the case may be shall fill the vacancy so caused within 15 days of happening of such vacancy.

15. Any dispute referred to the DRB and having been decided by the DRB and not objected by either party within 30 days shall attain finlity and shall not be referable to arbitration.

16. Accepting officer shall ensure implementation of the decisions of the DRB which attain finally i.e. except those which are objected by him or by contractor within 30days as per para 12 above.

17. Findings and decision of DRB shall be admissible as evidence to the extent permissible as per law in the subsequent Arbitration and/or litigation.

18. DRB chairman/members shall not in any case be liable to be called as witness or to produce any evidence in any Arbitration or departmental proceedings of any kind.

19. During execution of work the disputes may be referred to the DRB as per the requirement of each party after having exhausted the decision making process provided in the contracts. In case of completion of work of after determination/cancellation/termination of the contract all the disputes including payment/non payment/delay in final bill shall be simultaneously referred to the DRB within six months of completion/determination/cancellation/termination of the contract.

20. The department case before the DRB shall be presented by Accepting Officer himself and/or Dir(contract) of CE Zone one assisted by CWE and his DCWE(Contract). GE has his AGE(contracts) and any other officer and legal counsel nominated by Accepting Officer. The contractor may present his case by himself and/or by his nominated reps & authorized legal/technical counsel. Signature of Contractor Jt Dir ( Contracts) Dated. For Accepting Officer

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40.0 PERFORMANCE EVALUATION AND MONITORING OF WORKS 40.1. Performance evaluation of the work shall be carried out at site at specified, distinct and laid down stages of the work. The contractor shall give on-site presentation in these evaluations to the Accepting Officer himself, in presence of the CWE, GE,AGE, Staff Officer of CE’s Office (E8, E2 (Design), E6, E2 (Planning) and E4). These shall also be attended by representative of CFA, PMG, user, audit and references quoted in the minutes of meeting (MoM), which shall be issued by the CE. A copy of MoM duly signed by the CE shall be kept on record as also endorsed to the PMG and Formation HQ concerned. (a) First Evaluation.

(i) First evaluation shall be carried out at the end of mobilization but not later than two months from date of commencement of work indicated in the work order Number 1. The contractor and GE shall finalise the works programme (CPM or PERT or any other method) which shall be discussed threadbare, during the meeting. The following (As applicable to a particular work)shall be ensured and bottlenecks removed :- (aa) Clear approach to the site. (ab) Availability of clear site. (ac) Site preparation for dumping of building material such as hard

standing/bins. (ad) Cordon-off of the work site with due regard to security environment, dust pollution etc.

(ae) Hindrances such as trees and building to be demolished, if any. (af) Contrasting/conflicting provisions of CA and drawings if any to be highlighted by the contractor.

(ag) Site documents to be maintained including Hindrance Register. (ah) Site office, Labour Camp, adherence to the labour laws

including safety measures. (ai) Verification of soil data, earthwork levels, design mix and

confirmation of design parameters. (aj) Setting up of Test Lab at site.

(ak) Details of engineers employed. They will be present on site and their employment/contract papers with the contractor, will be verified.

(ii) The minutes of evaluation shall be recorded and signed by the Accepting Officer, CWE and GE as well as the Contractor attending the meeting. This shall become the action plan agreed to by all parties and will be contractually binding. A check list for the first Evaluation is at Annexure I.

(b) Second/Intermediate Evaluation. Contracts having period of completion more than twelve months shall have these meetings at intervals of every six months from the date of commencement indicated in Work Order No. 1. These shall be held at the work site on a date fixed well in advance to ensure presence of all concerned. This meeting shall be attended by the Accepting Officer, CWE, GE, AGE, representative of CE’s office (E8, E2 (Design), E6, E2 (Planning) and E4), contractor and the PMG. The present progress of work and reasons for any delay shall be analysed and time-bound action plan to remove any encumbrances/bottlenecks discussed in detail. In case extension of time is contractually and circumstantially due, it shall be deliberated upon. The following action under the Contract Conditions, shall be taken :-

(i) Grant extension of time, as is logically and contractually due, within 15 days of the meeting for the reasons of delay seen in these evaluations. The Accepting Officer shall categorically, simultaneously reply to the Contractor intimating him reasons of delay and days of extension considered due or not due.

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(ii) In case extension is not due, contractor shall be informed by the Accepting Officer accordingly, in writing.

(iii) The evaluation meeting done at about 50% of completion period or near thereto, shall be decisive on whether contract will be heading towards completion or failure thereof within stipulated date/extended date. In case of likely delays, CFA/local formation commander should be apprised through next higher engineering authority about delay and possible extension/cancellation.

(iv) Progress achieved at end of six months to be compared to adjusted

CPM/PERT for analysis of trend of working. (v) Decision on suspension of work, if required.

(c) In addition, the following shall be finalized and confirmed :-

(i) Deviation and approval in principal for all changes viz changes by users, technical requirement, change in design, add back DOs etc and any other pending decisions shall be dealt with and decided there itself. Nothing will be kept pending beyond maximum one periodic evaluation.

(ii) All formal work related to contractual decisions pending till date shall be completed one month prior to the evaluation.

(iii) The Accepting Officer shall evolve procedures and process to

convey decisions invariably before date of meeting. A check list for the second/intermediate evaluation is at Annexure II.

(d) Evaluation One Month Prior to Original/Extended Date of Completion. Like six monthly

meeting mentioned above, this meeting will evaluate progress achieved one month prior to original date of completion. In case progress is not satisfactory on account of the contractor’s deficiencies, he will be informed of decision of compensation leviable from original or extended date of completion and contract may be considered for cancellation on expiry of extended date of completion by complying to necessary procedures in vogue ie. caveat filing, final notice etc. However, if extension is again considered due, the same shall be granted and fresh completion date fixed. User/CFA and next higher engineering authority shall be kept informed of all decisions arrived at. The exercise shall continue till contract is completed or cancelled. A check list for this evaluation is at Annexure III.

(e) Final Evaluation. Final evaluation shall be held at work site one month after actual date of completion. This meeting shall be attended by the Accepting Officer, CWE, GE, AGE and the contractor. The progress of pending issues if any shall be analysed and timelines arrived at in the detail for ensuring preparation and submission of final bill by the contractor within three months from the date of completion. A check list for the final evaluation is at Annexure IV.

Signature of Contractor Jt Dir (Contracts) Dated. For Accepting Officer

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Annexure I

FIRST EVALUATION WITHIN TWO MONTHS AFTER THE

COMMENCEMENT OF THE WORK 1. Date of Review. 2. Administrative Approval and contract Details. A/A Reference, Amount, Date of release and Job PDC (Weeks and date).

(a) Name of the work. (b) Name of GE. (c) Name of Engineer-in-Charge. (d) CA No and Year. (e) Name of the contractor. (f) Date of Contract Concluded. (g) Date of commencement.

(j) Due date of completion. 3. Handing Over Site of Works.

(a) Have all sites been handed over on due date? if not, state site of which building/works are not yet handed over and reasons thereof and the anticipated date by which the site for the balance of the items will be handed over.

(b) If revised siting involves change in the block arrangement/grouping of

buildings. Has a revised site plan been prepared and sent for approval of the Accepting Officer.

(c) Any postponement/refixing of dates in Work Order No. 1 required. Any

amendment to contract necessary. 4. Time and Progress Chart and Site Documents.

(a) Ensure that the Engineer-in-Charge and the GE examine and discuss with the contractor CPM/PERT net work produced by the contractor and then ensure that the final Work Programme time and progress chart is signed by both the parties

(b) Check that the site documents, viz site order book, works diary, cement and steel register, works passing register. Register for test reports, Hindrance register and the like have been properly maintained.

(c) Check that the level sheet, soil and design data have been worked out and

co-related to those given in tender. 5. Samples. Confirm that contractor was ordered in writing to produce samples in

respect of important materials and that these have been received approved and sealed. Give reference to GE’s letter approving samples.

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6. Order Against Provisional Items.

(a) Have order for provisional schedules/items been placed on the contractor (give work order No and date). If not, why not. Anticipated date when these work orders will be placed should be given.

(b) Have Orders for items including PC Sums been placed (give work order No

and date) after approval of suppliers by the competent authority. 7. Mobilisation of Tools and Plant (T &P).

(a) Confirm that all Tools and Plant covered in CA have been mobilized at site.

(b) Are there any items of T&P covered in CA not brought to site and time schedule for balance T&P.

(c) Have there been any hold-ups in the work due to less mobilization of T&P,

if so give details and state briefly action taken to resolve the holdups and with what result.

8. Layout of Wiring, Pipe Lines and Sanitary Fittings etc. Has the layout of wiring

and internal water supply piping been prepared and given to the contractor so that he can carry out the necessary preliminary work as the masonry work progresses.

9. Designs. Confirm, that the design and details in respect of buildings have been

scrutinized (including items not yet started by the contractor) and that there are no holdups likely to occur.

10. Water and Electric Connection.

(a) State date(s) of water point connections to be given to the contractor (applicable for contracts where Government has taken responsibility).

(b) State dates of connection for Electrical Energy for light and/or power purpose (applicable for contracts where Government has taken responsibility).

11. Contractor’s site Arrangements. Has the Engineer-in-Charge and GE checked the contractor’s site office, site lab, labour colony, workshop, barricading, store platform and store yard etc and suggested improvements where necessary.

12. Are any variations in foundation and plinth necessitated on account of site conditions/site investigations carried out again.

13. Has the Engineer-in Charge made a correct CPM/PERT chart showing how the work is going to be progressed during the next two months and has he examined it with reference to the contract drawing and specifications. If he anticipates any bottlenecks, have these been brought to the notice of the GE. if so with what result.

14. Special Items (Applicable to Contracts for Road Work/Runway/Taxi-tracks). Confirm that at the beginning of the job, experiment was made to ascertain the quantity of cement/bitumen required for the work in accordance with the contract specification and that the results are corroborating with job mix design given by contractor.

15. Quality Checks and Compliance of Contract Conditions.

(a) Are there any remarks of non-compliance in Site Order Book?

(b) Check if Site Lab established or not. Are the tests on cement, steel and concrete been carried out and record maintained.

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(c) Check if any work/material or part is rejected and whether contractor has

complied with rectifications or not. (d) Check if necessary deduction/penalty have been recovered from

contractors due?

Points for Check by E8 in CE’s Office. 16. Have special points noted while drafting the contract been brought to the notice of

GE/CWE. 17. Was GE/CWE informed about any high or low rates in the contract to enable him

to keep a watch on these items while ordering deviations. Signature of Contractor Jt Dir( Contracts) Dated. For Accepting Officer

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Annexure II SECOND EVALUATION

1. Date of Review. 2. Administrative Approval and contract Details.

(a) A/A Reference, Amount, Date of release and Job PDC (Weeks and date).

(b) Name of the work. (c) Name of GE. (d) Name of Engineer-in-Charge. (e) CA No and Year. (f) Name of the contractor. (g) Date of Contract Concluded. (h) Date of commencement.

(j) Due date for completion. 3. Deviation Order. State number of Deviation Orders by Accepting Officer, CWE and GE:-

(a) Approved in principle.

(b) Initiated and ordered on the contractor. (c) Issued in the proper form. (d) Yet to be issued in the proper form, and anticipated dates/time-frame. (e) Received by UA after audit by CDA.

4. Does additional work ordered as deviation requires increase in completion period and if so how much.

5. All MBs are recorded and signed for work done up-to-date of review. 6. Special Rates.

(a) Number of DOs involving preparation of special rates and number of special rates involved.

(b) Number of special rates framed and accepted by the contractor. (c) Number of special rates to be prepared. (d) Anticipated date by which special rates will be framed and settled with the

contractor in respect of Para 6(c) above.

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(e) Confirm that vouchers produced by the contractor in support of special rates, PC Sums etc, have been verified by GE/E8 officer and certified copies of it kept on record for reference at a later date.

7. Mobilisation of Tools and Plant (T &P).

(a) Confirm that all Tools and Plant covered in CA brought to site.

(b) Are there any items of T&P not brought to site.

(c) Have there been any hold-ups in the work due to less mobilization of T&P of breakdown of T&P and if so give details and state briefly action taken to resolve the holdups.

8. Issue of Electric Power Connection.

(a) Confirm that if such an issue is covered by the conditions of the contract then proper record has been maintained of the energy consumed and recoveries effected from the contractor.

(b) If such an issue is not provided for in the contract has any action been taken to give connection to the contractor and if so :- (i) What is the rate charged. (ii) How is the transaction regularized.

9. Progress of Work and Notices by GE.

(a) In the contract running according to the time schedule.

(b) If not, state the approximate period of delay that has occurred. What are the causes of delay. Give references to notices by GE for slow progress.

(c) What action has been taken to eliminate delays and has CPM Chart been revised.

10. Measurement of Work and Settlement of Special Rates. (a) What is the percentage of work against provisional items completed by the

contractor. (b) If all provisional work already completed has not been measured and recorded

state reasons for delay. (c) State anticipated date by which measurements will be completed.

(d) Has contractor accepted all the measurements or have any disputes arisen and if

so, how it is proposed to resolve them. How all special rates been settled? If not state those pending.

(e) Has GE checked 5% measurement. 11. Claims by Contractor/Claims of Government.

(a) Has the contractor raised any points which may be in the nature of claims and which have to be referred to Accepting Officer.

(b) If so, has action initiated to refer these points to the Accepting Officer with comments. Give references.

(c) Has department/Government (including ADGTE Branch) raised any claim and, if so, give brief particulars/references. State what follow up action arising out of field/laboratory tests has been taken or contemplated.

12. Work Site Order Book, Work Site Dairy and Work Passing Register. (a) Have orders by the Engineer-in-charge/ GE etc in the Work Site Order Book been

checked to ensure that they refer merely to day-today transactions pertaining to acceptance/rejection of works and that there are no orders in the nature of a

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deviation order. If later noted, has action been initiated to obtain sanction of appropriate authority and issue of proper deviation order on the form prescribed.

(b) Confirm that Works Passing Register and Work Diary have been correctly maintained and are up-to-date and important stages for passing work have been approved by the GE.

13. Is Hindrance Register maintained at site duly updated.

14. Quality Checks Compliance of Contract Conditions.

(a) Are there any remarks of non-compliance in Site Order Book. (b) Check if Site Lab established or not. Are the tests on cement, steel and concrete

been carried out and record maintained.

(c) Check if any work/material or part is rejected and whether contractor has complied with rectifications or not.

(d) Check if necessary deduction/ penalty have been recovered from contractors due. (e) Check if remarks of Inspecting Officer/Tech Examiner complied or not.

15. Payments. Confirm that monthly statements of account have been sent to the contractor and acknowledged by him.

(a) Are there any items of debits in RARs to which the contractor has objected to and, if so, what action was taken to resolve the dispute.

(b) Are monthly payments on account (RARs) paid to the contractor promptly. State average number of days taken to pay RAR after its receipt from the contractor (including check by E8 Officer).

(c) Confirm that AAO’s/E8 officer’s (in CWE office) observations on RARs/rate have been cleared. If not state probable date of clearance.

Points for Check in GE/CWE/CE Office. 16. In case job PDC enhancement is necessary, has case for same through proper channel

initiated by concerned section. If not then what is likely date. 17. Any extension of time necessary for reasons in hindrance register. If yes, has case sent to

accepting officer to grant extension. 18. Accepting officer to ensure reply to contractor requesting extension of time is replied with

reasons.

Signature of Contractor Jt Dir ( Contracts) Dated. For Accepting Officer

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Annexure III

EVALUATION ONE MONTH PRIOR TO/ORIGINAL DATE OF COMPLETION/EXTENDEDDATE OF COMPLETION

1. Date of Review. 2. Administrative Approval and contract Details.

(a) A/A Reference, Amount, Date of release and Job PDC (Weeks and date).

(b) Name of the work. (c) Name of GE. (d) Name of the Engineer-in-Charge. (e) CA No and Year. (f) Name of the Contractor. (g) Date of Contract Concluded. (h) Date of commencement.

(j) Due date for completion. NOTE . Ser Nos 1 to 12 under Appendix B to be repeated and replied again. Additional Questions to be Answered. 1. Amendments to Contract. Have all amendments been issued that may have been necessitated on account of :-

(a) Changes in siting.

(b) Issue of additional alternative Government stores. (c) Issue of electric power connection.

2. Claims of contractor. Confirm that all claims raised by the contractor have been sorted

out and matter requesting decisions by Accepting Officer have been referred to him (give reference). If not state briefly action raised by the contractor. Indicate clearly with whom the said action rests.

3. Rectification of Defects. Check and confirm that the contractor has rectified defects

previously pointed out. State what action was taken in respect of items not rectified. Additional Items to be Checked in GE/CWE/CE Office. 4. Have important deviation orders which are likely to effect future contracts been entered in

the register kept for this purpose.

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5. Have progress reports received from E2 Section been scrutinized to check with the progress originally mentioned in T&P charts at the time of examining requests for extension and remedial measures suggested..

6. If this is an important project requiring special history and systematic recording physical

progress to be complied (as per E-in-C’s Instructions), has GE/CWE been informed accordingly and has GE initiated action in this respect already, if not, remind him about this.

7. Has job PDC extension case initiated through E2 Channel? Give status for same. 8. Quality Checks and Compliance of Contract Conditions.

(a) Are there any remarks of non-compliance in Site Order Book.

(b) Check if Site Lab established or not. Are the tests on cement, steel and concrete been carried out and record maintained.

(c) Check if any work/material or part is rejected and whether contractor has complied

with rectifications or not. (d) Check if necessary deduction/penalty have been recovered from contractors due. (e) Check if remarks of Inspecting Officer/Technical Examiner complied or not. (f) Check if necessary checks for plumbing/sewage line/electrical earthing done or not. (g) Any remarks on leakage/seepage/plumbing/sewage line complied or not.

Signature of Contractor Jt Dir ( Contracts) Dated. For Accepting Officer

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Annexure IV

FINAL EVALUATION 1. Date of Review. 2. Repeat replies to questions vide Appendix B and Appendix C. 3. Additional Question. Has proper completion certificate been issued to the contractor in

writing mentioning the minor defects if any to be rectified by him (give reference and date) by a specified date.

4. Measurements.

(a) Confirm that measurements in respect of all provisional items have been completed. If not what is the percentage yet remaining to be measured and state anticipated date by which they will be completed.

(b) Confirm that GE has completed his percentage check of measurements, if not, why. (c) State date by which priced abstracts will be completed and sent to the contractor to

enable him to submit his final bill. 5. Statement of Accounts. Confirm that statement of accounts has been completed and a

copy thereof sent to the contractor to enable him to submit his final bill. If not possible date by which it will be sent.

6. Special Rates.

(a) Confirm that all special rates have since been framed.

(b) If not, state reasons for hold-up and date by which expected to be prepared and accepted by the contractor.

7. Claims by the Contractor.

(a) Confirm that decisions of appropriate authority with regard to the contractor’s claim have been received and conveyed to the contractor.

(b) If not, have the authorities concerned been reminded (give references).

8. Deviation Orders. Have important deviation orders mainly pertaining to changes in

design been brought to the notice of the higher authorities so that designs/drawings could be amended for future contracts.

9. Confirm that notices claiming compensation for delay were served on the contractor

immediately after due date of completion of the work delayed. 10. Statistics/Technical Data.

(a) Have all site records/registers been handed over to the GE.

(b) Have statistics with regard to useful technical data been complied such as output of T&P deployed.

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(c) Was Performance Report on the contractor sent by GE to CWE.

11. Anticipated/Planned Dates. Anticipated/Planned dates following to be stated:-

(a) Receipt of final bill from the Contractor.

(b) Date of final bill expected to be sent by the Engineer-in-Charge to the E8 of the GE.

(c) Date by which GE expected to forward bill to E8 of CE for Technical Check. (d) Date by which bill will be sent by the GE to the AAO.

12. Where contract provides that contractor is to supply diagrams/plans showing water supply

lines and internal electrification as completed, has the contractor been reminded to supply them?

13 Has the contractor completed numbering of buildings. 14. Has action been initiated with regard to the completion of record drawings and has the

CE/CWE been intimated about changes in their drawings. 15. In case of projects for technical buildings/important structures, has action been taken to

compile the record History and Physical Progress in the form recommended by the E-in-C. 16. Quality Checks/ Site Clearance.

(a) Check for any sign of leakage/seepage and remarks of Engineer-in-Chief/GE or any other Inspecting/Visiting Officer on this aspect addressed or not.

(b) Ponding test of roof done or

not. (c) Site clearance done or not.

Signature of Contractor Jt Dir (Contracts) Date : For Accepting Officer