TurnkeyProject BidDocument NoidaExtension August13

Indian Railway Welfare Organization
INDIAN RAILWAY WELFARE ORGANIZATION

Railway Office Complex,
Shivaji Bridge,
Behind Shankar Market,
New Delhi 110001
http://www.irwo.net/
TENDER DOCUMENT
FOR
CONSTRUCTION OF MULTI-STOREYED FLATS
ON TURNKEY BASIS,
INCLUDING TRANSFER OF LAND,
AT
GREATER NOIDA (WEST)
Document ID No.: IRWO/Tender/Turnkey/Greater Noida West/2013-14/1

Name and address of the Tenderer to whom issued:
..
..
..
..
Date of issue:
Issued by: .
Construction of multistoried flats on turnkey basis at Greater Noida (West)
Page 1 of 83

DISCLAIMER
The information contained in this tender document (the Tender document) or any other document
subsequently provided to a Tenderer pursuant to this Tender document, whether verbally or in
documentary form by or on behalf of the Indian Railway Welfare Organization (IRWO), their employees or
any of its agencies/consultants/advisors, is provided to the Tenderer(s) on the terms and conditions set out
in this document and all other terms and conditions subject to which such information is provided.
Tenderer(s) should ensure that Tender document is complete in all respects. In the event that the Tender
document or any part thereof is damaged or missing, the Tenderer(s) shall notify IRWO immediately at the
following address:
INDIAN RAILWAY WELFARE ORGANIZATION
Shivaji Bridge,
New Delhi 110001
Attn: Shri Y P Gulati, General Manager (General)
Tel: (011) 23413627
Fax: (011) 23411173
In the event such written notice is not received at the aforementioned office within 7 days from the date of
issue of the Tender document to the Tenderer(s), the Tender documents received by the Tenderer(s) shall
be deemed to be complete in all respects.
The purpose of this Tender document is to provide the Tenderer(s) with information to assist the
formulation of their Tender. This Tender document does not purport to contain all the information for all the
persons, and it is not possible for IRWO, their employees or any of its agencies/consultants/advisors to
consider the business/investment objectives, financial situation and particular needs of each Tenderer who
reads or uses this Tender document. Each Tenderer should conduct its own investigation and analysis, and
should check the accuracy, reliability and completeness of the information in this Tender document and
where necessary obtain independent advice from appropriate sources. IRWO, their employees or any of its
agencies/consultants/advisors make no representation or warranty, express or implied, and shall incur no
liability under any law, statute, rule or regulation as to the accuracy, reliability or completeness of this
Tender document.
IRWO may in its own discretion, but without being under any obligation to do so, update, amend or
supplement the information in this Tender document.
Page 2 of 83

BID DETAILS
1.
Receipt of Queries from Intending

Tenderers for pre-bid meeting
By 12th September 2013 : 16.00 Hrs
2.
Date and Time of Pre-Bid Meeting
26th September 2013 : 11.30 Hrs
3.
Last date and time for receipt of

Duly completed Bid Documents
24th October 2013 : 15.00 Hrs
4.
Date and Time of Technical Bid

Opening
24th October 2013 : 15.30 Hrs
5.
Tender document Fee
6.
Approximate Cost of the Work
7.
Earnest Money Deposit Amount
8.
Place of Pre-Bid Meeting and for opening IRWO Corporate Office, , Railway
of Bids
Office Complex, Behind Shankar
Market, New Delhi 110001
Rs. 10,000/- (Rupees Ten Thousand

Only) and Rs. 10,500/- if Tender
document is requested by post
Rs. 240 crores
Rs 50 lakhs (Rs. Fifty Lakhs only)
(Refundable) in the form of Demand
Draft/ Banker's cheque favouring
payable at New Delhi
Page 3 of 83

CONTENTS OF ENVELOPES
1.
2.
OUTER ENVELOPE
SEALED PACKET-1 : TECHNICAL BID
Covering Letter of Tender, duly

completed and signed by the
Tenderer (as per Tender Form
E1)
Checklist (as per Clause 4.2 of

Section C) in the format at
Annexure C1
Demand Draft / Bankers

Cheque for Tender Document
Fee (in case the Tender
Documents
have
been
downloaded
from
IRWO
website)
Demand Draft / Bankers

Cheque for Earnest Money
Sealed Packet 1
Sealed Packet 2
General Information about the

E2) with Company profile,
Memorandum and Articles of
Association, etc.
Joint Tendering Agreement (as

applicable, if the Tender is
submitted by a Consortium of
Firms) (as per Tender Form E3)
Power of Attorney for

appointing Lead Member duly
attested by notary public
(applicable for a Consortium)
(as per Tender Form E4)
Power of Attorney in favour of

the Authorised signatory of
Tender
documents
duly
attested by notary public (as
Page 4 of 83

per Tender Form E5)
-
Technical Proposal of the

E6)
Information for Technical Bid

including supporting details
- Affidavit (as per Tender Form E7A)

- The original Tender document issued
to the Tenderer (or the full Tender
document downloaded from IRWO
website), duly initialled on all pages by
the Authorised Signatory as a token of
acceptance, except the Form of
Price/Financial Bid.
3.
SEALED PACKET-2 : FINANCIAL / PRICE BID
Financial / Price Bid (as per

Tender Form E8)
Page 5 of 83
Section A
Section B
Section C
Section D
Section E
Section F
Tender Notice
Draft Agreement
Instructions to the Tenderers
Details of the Work, Eligibility, Technical Specifications &
Special Conditions
Tender Forms
IRWOs General Conditions of Contract
The successful Tenderer shall enter into a formal agreement with IRWO as per the format in Section B. This
format along with the Instructions to Tenderers which is being issued as Section C of the Tender
document, must be read in conjunction with the other sections of the Tender document as indicated below.
The details of the work Construction of Multistoried Flats on Turnkey basis at Greater Noida (West), the
eligibility conditions, technical specifications and the other special tender conditions are indicated in Section
D.
Section E provides necessary Tender Forms for Tenderers to prepare their offer for the Tender for
implementation of the Project.
Section F contains IRWOs General Conditions of Contract (those which have not already been provided as
part of Section D).
The Tenderers are advised to submit their Offers within the stipulated date and time complying with the
requirements stipulated in all the sections of this tender document. Tenders are liable to be disqualified in
case they are incomplete or non-responsive, and if the information is not submitted as per the prescribed
Tender Forms.
Page 6 of 83

TABLE OF CONTENTS
Section
A
B
C
Item
Notice Inviting Tender
Draft Agreement
Instructions to the Tenderers
Purchase of Tender Documents
Earnest Money & Security Deposit
Submission of Tender Documents
Opening of Tender
Validity of the offer
Rejection of tenders
Cost of preparation of tender
Language of Tender
Tender Format and Signing of Tender
Confidentiality
Pre-bid meeting
Annexure C1
Details of the Work, Eligibility, Technical
Specifications & Special Conditions
Introduction
Name of the Work
Eligibility Criteria
Consortium
Number & Type of Dwelling Units
Scope of Work
Details of Dwelling Units to be Constructed
Definition of Plinth Area
Sample Flats
Car Parking Spaces
Guarantee for Handing Over Possession of
Dwelling Units
Specifications
Community Centre / Club House and
Commercial Area
Period of Completion
The Price Bid
Technical Bid Details
Financial / Price Bid Details
Payment Terms
Annexure D1
Annexure D2
Tender Forms
Instructions
Documents to be submitted as part of the
Page Number
9
11
14
14
15
16
17
17
17
17
18
18
18
19
21
21
22
22
24
24
25
25
26
26
26
27
27
27
28
29
29
30
36
37
41
41
Page 7 of 83

Tender
Covering Letter of Tender Tender Form E1
General Information about the Tenderer
Tender Form E2
Joint Tendering Agreement Tender Form E3

Tender Format of Power of Attorney for
Appointing the Lead Member Tender
Form E4
Power of Attorney in favour of Authorised
Signatory of Tender documents - Tender Form
E5
Tenderers Technical Proposal Tender Form E6
Information for Technical Bid Tender Form E7
Affidavit - Tender Form E7A
Price / Financial Bid Tender Form E8
IRWOs General Conditions of Contract
General Obligations
Execution of Works
Certificates & Payments
Labour
Determination of Contract
Settlement of Disputes
42
44
45
48
50
52
53
56
57
58
62
70
76
78
81
Page 8 of 83

Section A
NOTICE INVITING TENDER
Tender No.
Name of Work
Approximate
Earnest
Period of
Value of the
Money
Completion
Work
IRWO/Tender/Turnkey/Greater Construction of
Multi- Rs
240 Rs.
50 48 Months
Noida West/2013-14/1
storeyed Flats, including crores
lakhs
transfer of land, on Turnkey basis at Greater Noida
(West).
Managing Director, Indian Railway Welfare Organisation (IRWO), Railway Office Complex, Shivaji Bridge,
Behind Shankar Market, New Delhi-110001 invites offers for the said Tender in Two-packet format for
Turnkey Housing Project for provision of about 600 (+-25%) dwelling units of various types in Sectors 1,2,3,4,
10,12, 16, 16-B, 16-C & Technical Zone IV of Greater Noida (West). The offer should include transfer of clear
and marketable title of unencumbered land by the Tenderer to IRWO on which the housing complex would
be constructed.
Prospective Tenderers who fulfill the following eligibility criteria may obtain Tender documents from IRWOs
above address at New Delhi after 28th August 2013 and up to 23rdh October 2013 on the payment of Rs.
10,000/- by a Demand Draft or Bankers Cheque (or Rs. 10,500/- by post) in favour of Indian Railway Welfare
Organisation, payable at Delhi. IRWO takes no responsibility for any delay / loss of documents or
correspondence sent by courier or post.
Tender Document may also be downloaded from IRWOs website at http://www.irwo.net/
1)
The Sole Tenderer or one of the members of the Consortium should be in possession of a clear and
marketable title of the land. Further, the said land should be free from any encumbrances
(litigations, disputes, mortgage etc). The said land should be duly allotted by Greater Noida
Industrial Development Authority (GNIDA), for group housing and it should be duly transferable to
IRWO, as per GNIDAs by-laws.
2)
Gross Turnover of the Sole Tenderer or the aggregate gross turnover of the members of the
Consortium for the last four consecutive financial years ending 31st March, 2012 from building works
(including cost of land) should be at least Rs. 240 Crores. Turnover from such works (including cost
of land) in the preceding one financial year ending 31st March, 2012 should not be less than Rs.60
Crores.
3)
The Sole Tenderer or the Lead Member, in case of Consortium, should have either successfully
completed at least one work of Group Housing (with multi-storeyed buildings) of value of Rs. 240
Crores or more (including cost of land), or should have completed at least two works of the value of
Rs. 120 Crores or more (including cost of land) each during the last four consecutive years.
A pre-bid meeting will be held on 26th September 2013 at 11.30 hrs in IRWOs office to clarify any points that
the prospective Tenderers may have regarding the Tender.
Page 9 of 83
Offers should be strictly in accordance with the Tender Specifications & General Instructions to the Tenderer
(s) in the Bid Document. The duly completed Tender Document along with Earnest Money amounting to Rs.
50 lakhs in the form of a Account Payee Demand Draft or Bankers Cheque drawn in favour of Indian
Railway Welfare Organisation payable at Delhi (and Tender Document Fee of Rs. 10,000/- in case of
Tenderers who download the Document from the website), should reach the Managing Director at the
above address at New Delhi by 15.00 hours on 24th October 2013. Packet-1 shall be opened on the same day
at 15.30 hours.
Offers with deviations from terms and conditions of this tender are likely to be rejected.
IRWO reserves the right to accept or reject any of the bid / all bids with or without deviation or cancel /
withdraw the invitation for bid without assigning any reason whatsoever and in such case no Tenderer(s)
shall have any claim arising out of such action by IRWO.
Page 10 of 83

SECTION B
DRAFT AGREEMENT
Articles of Agreement (Agreement) made on this day ............. of.............. 2013 between,
Indian Railway Welfare Organisation, a society registered under the Societies Registration Act XXI of 1860
and having its registered office at Railway Office Complex, Behind Shankar Market, New Delhi - 110 001
(hereinafter referred to as "IRWO" which expression shall unless it be repugnant to the context or meaning
thereof, be deemed to mean and include its successor in office, executor, administrator, assignees) of the
one part;
and
M/s .................................... having its office at .......................................... herein after referred to as the
"Developer", which expression shall unless it be repugnant to the context or meaning thereof, be deemed to
mean include his heir, executor, administrator and assignees) of the other part.
IRWO and Developer are hereinafter individually referred to as Party and collectively as Parties.
WHEREAS
A. IRWO is desirous of Construction of multi-storeyed flats, including transfer of land for the
construction of the said flats, on Turn-key basis at Greater Noida (West) for Indian Railway Welfare
Organisation.
B.
The Developer has been furnished the Specifications duly prepared by the IRWO, describing the
works to be done. on the basis of the notice inviting tenders, instructions to Tenderers, general and
special conditions of contract, technical specifications have been signed by or agreed to be executed
upon and subject to the conditions set-forth herein (hereinafter referred to as the said Conditions)
and the Special Conditions and specifications of the work described in the said specifications and
included in the Schedule of Rates at rates therein set forth amounting to the sum of Rs.
................................ (Rupees ........................................ only) hereinafter referred to as " Contract
Amount" and more specifically detailed out in Section D, below.
And whereas the Developer has deposited with the IRWO the sum of Rs. 50 lakhs (Rupees Fifty Lakhs only)
as the earnest money which shall become part of the security deposit to be retained until the expiry of the
defects liability period for the due observance and performance of this contract.
And whereas the Developer has furnished a Bank Guarantee bearing no.[] dated [] for a sum of Rs. []
executed by [] in favour of IRWO towards Security Deposit valid upto []
And whereas the Developer hereby agrees to extend the validity of the Bank Guarantee for such further
period or periods as may be required by IRWO and if the Developer fails to obtain such extension(s) from the
Bank, the Developer, shall pay forthwith or accept recovery of Rs. [] from the bills in one installment and
the Developer further agrees that failure to extend the validity of the Bank Guarantee or failure to pay the
Page 11 of 83

aforesaid amount in the manner specified above shall constitute breach of contract. In addition to above,
IRWO shall be entitled to take such action as deemed fit and proper for recovering the said sum of Rs. [].
(Above provisions relating to Bank Guarantee to be incorporated only if Security Deposit is furnished in the
form of a Bank Guarantee before the execution of the Agreement: Ref. Para 3.6 of Section C of this
document)
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED AS FOLLOWS;
1.
In consideration of the said Contract Amount to be paid at different period of time and in the
manner set forth in the said Conditions, the Developer shall, upon and subject to the said Conditions
execute and complete the work described as per the said specifications and / or the schedule of
rates and other conditions and within Forty Eight (48) months of the date of the commencement of
the work which shall be no later than [insert date]
2.
The commencement of work will be taken as the date of issue of the letter of acceptance / order for
award of the contract.
3.
The Developer clearly understands that time is of the essence of the contract, and penalty will be
imposed for delay in execution of the work, as per terms of the contract, in addition to
compensation for delay in handing over the dwelling units.
4.
The IRWO shall pay to the Developer the said Contract Amount or such other sum as shall become
payable at the times as hereinafter specified in the said Conditions.
5.
Whenever under this contract or otherwise, any sum of money shall be recoverable from or payable
by the Developer, the same may be deducted in the manner as set out in the General Conditions of
Contract or other conditions governing this Agreement.
6.
All charges on account of Octroi, Terminal and other taxes including sales tax or other duties on
material obtained for execution of the said works shall be borne and paid by the Developer
7.
The following document (s) shall be deemed to form and be read and construed as part of the
Agreement along-with the amendments, negotiated and confirmed in various subsequent letters
exchanged as mentioned hereinafter :
i)
ii)
iii)
iv)
v)
vi)
vii)
8.
Notice Inviting Tender;

Instructions to Tenderers;
Details of the Work, Eligibility, Technical Specifications & Special Conditions;
Tender Forms;
General Conditions of Contract;
IRWOs letter IRWO /NO. dated ..to the Developer for award of the contract;
Developers letter No. ------------------ dated . to IRWO in acceptance of the award of
contract.
Parties hereto shall respectively abide by submitting themselves to the Conditions and comply with
the performance of the said Agreement on their part respectively in such Conditions stated in the
Tender Document.
Page 12 of 83

IN WITNESS WHEREOF, the Parties hereto have signed this agreement on the date and place first written
above.
1. SIGNED BY THE SAID
IRWO (First Party)
Indian Railway Welfare Organisation
2. SIGNED BY THE SAID

DEVELOPER (Second Party)
In the presence of
Name
Address
In the presence of
Name
Address
Page 13 of 83

SECTION C
INSTRUCTIONS TO THE TENDERERS
INDIAN RAILWAY WELFARE ORGANIZATION (IRWO), invites Tenders from real estate Developers (hereinafter
referred to as the Tenderer) for:
Construction of Multistoried Flats, including transfer of land, on Turnkey basis at Greater Noida (West)
2.
Purchase of Tender Documents.
2.1.
The Tender document can be purchased from the registered office of IRWO at Railway Office
Complex, Behind Shankar Market, New Delhi - 110 001 from 28th August 2013 to 23rd October
2013, between 11 am and 4 pm on any working day (Monday to Friday, excluding Gazetted holidays)
on payment of Rs. 10,000/- (Rupees Ten Thousand only) through non-refundable demand draft /
bankers cheque in favour of Indian Railway Welfare Organization, payable at New Delhi.
Tenderers who download the Tender document from the IRWO website (http://www.irwo.net/)
must submit a Tender Document Fee of the same amount in the form of a non-refundable demand
draft/ bankers cheque along with their Tender. Tender document can also be obtained by post by
sending Rs 10,500/- through non-refundable demand draft/bankers cheque in favour of Indian
Railway Welfare Organization, payable at New Delhi to IRWOs registered office.
3.
Earnest Money and Security Deposit
3.1.
The Tenderer is required to deposit Rs 50 lakhs (Rupees Fifty Lakhs Only) as earnest money (the
Earnest Money) in the form of Demand Draft / Bankers Cheque of any Nationalized Bank payable
at Delhi/New Delhi in favour of Indian Railway Welfare Organisation. The Tender which is not
accompanied with Earnest Money shall be summarily rejected. The Earnest Money of unsuccessful
Tenderer(s) will be refunded to the Tenderer (s) within 60 (sixty) days from the date of
acceptance/finalization of the Tender without any interest/Bank commission/Collection charges.
3.2.
It shall be understood that the Tender documents have been sold/issued to the Tenderer. The
Tenderer is permitted to bid in consideration of stipulation on his part that after submitting his
Tender he will not resile from his offer or modify the terms and conditions, thereof in a manner not
acceptable to IRWO. Should the Tenderer fail to observe or comply with the said stipulation, the
aforesaid amount shall be forfeited.
3.3.
Earnest money of the successful Tenderer shall also be forfeited in the event of refusal or delay on
his part in signing the Agreement within 15 days of the receipt of letter of award of the contract or
refusal to start the work on instructions from IRWO.
3.4.
The Earnest Money deposited by the successful Tenderer with his Tender shall be retained by IRWO
as part of Security Deposit (which will be equal to 5% of the value of contract excluding the cost of
land) under this Agreement towards ensuring the due and faithful fulfilment of the contract. The
Security Deposit shall be recovered from stage-wise payment bills at the rate of 10% of the gross bill
amount to the extent of total security deposit to be deducted minus the amount of earnest money
deposited (Rs. Fifty lakhs). IRWO shall withhold the said Security Deposit for a period of one year
Page 14 of 83

after completion and handing over of the dwelling units to the allottees (the Defect Liability
Period). After the expiry of the Defect Liability Period the said Security Deposit shall be refunded
without interest or fees to the Developer. Under no circumstances shall any interest be payable
upon the Earnest Money and/or the Security Deposit or any other amounts payable to the
Developer under the Contract.
3.5.
After the work is physically completed, Security Deposit recovered from the stage-wise payment bills
of the Developer can be returned to him if he so desires, in lieu of an irrevocable Bank Guarantee for
equivalent amount to be submitted by him, in a format advised by IRWO.
3.6.
If the successful Tenderer so desires, the full amount of Security Deposit i.e. 5% of the value of
contract excluding the cost of land (minus the amount of Rs. 50 lakhs pertaining to Earnest Money
which will be retained as part of security deposit) can be furnished in the form of an unconditional
and irrevocable Bank Guarantee issued by a Nationalised bank, or Scheduled bank in India having a
net-worth of at least Rs. 1,000 crores, in favour of Indian Railway Welfare Organization and having
a validity period of up to three months beyond the Defect Liability Period. This Bank Guarantee
shall be given by the selected tenderer before execution of the Agreement. For the avoidance of
doubt, Scheduled Bank shall mean a bank as defined under Section 2(e) of the Reserve Bank of
India Act, 1934. In case the progress of work is delayed as compared to the agreed program, the
bank guarantee for security deposit shall have to be suitably extended by the Developer.
3.7.
Provided that no liabilities shall arise from the said Security Deposit. The Security Deposit shall be
payable to the Developer only after all the stipulations under this Agreement or any other
conditions, if any, have been fulfilled by the Developer. The Security Deposit shall be payable after
all the claims and demands made by the IRWO for and in respect of damages or loss caused by firm
or in consequences of the works have been finally satisfied, but excluding the claims made by the
Developer on the IRWO.
3.8.
Security Deposit shall be liable to be forfeited by the IRWO in the event of breach of contract on the
part of the Developer under this Agreement or any other documents, without prejudice to other
rights and remedies.
4.
Submission of Tender Documents1
4.1.
A single-stage two-packet procedure shall be followed for submission of Tender documents.

a) For Tenderers who have downloaded the Tender document from the IRWO website, the
outer envelope shall contain the covering letter (format at Tender Form E1), the checklist
(see Clause 4.2 below) and the Tender Document Fee in addition to the Earnest Money.
Packet-1 will contain the Technical Bid in the prescribed Tender formats. Packet-2 shall
contain, only the Financial / Price Bid in the prescribed Tender format as indicated in this
Tender document.
b) Tenderers who have purchased the Tender document from IRWOs office are not required
to repay the Tender Document Fee and can submit the Tender in the manner stated above
without the Tender Document Fee.
To be read along with Clause 14 of Section D
Page 15 of 83

4.2.
The documents/enclosures in Packet-1 shall be submitted together in bound form, with all the pages
numbered serially. Demand Draft or Bank Guarantees shall not be bound directly but be placed in
plastic jackets, which are bound as part of the main booklet. Each page of the book shall be stamped
and initialled in blue ink by the authorised signatory. Along with the Covering Letter (Tender Form
E1) in the outer envelope, the Tenderer should submit a Checklist (as per format at Annexure C1
enclosed), duly signed by the Authorised Signatory and mentioning whether each document has
been submitted, its page number, total number of pages of that particular document/enclosure, and
whether each page has been initialled in blue ink by the Authorised signatory. It is clarified that the
Checklist is mandatory, and if the same is not provided, the Tender is liable to be treated as non
responsive.
4.3.
Packet-1 shall be sealed and marked as TECHNICAL BID for Construction of Multi-storeyed Flats,
including transfer of land, on Turnkey basis at Greater Noida (West).
Packet-2 shall be sealed, and marked as FINANCIAL BID for Construction of Multi-storeyed Flats,
including transfer of land, on Turnkey basis at Greater Noida (West).
These two sealed packets shall be placed in an outer envelope which shall be sealed and marked as
TENDER FOR CONSTRUCTION OF MULTISTOREYED FLATS, INCLUDING TRANSFER OF LAND, ON
TURNKEY BASIS AT GREATER NOIDA (WEST). Each packet and the outer envelope must bear the
Tenderers name and address.
4.4.
The Tender documents must be delivered to the office of

Managing Director,
Indian Railway Welfare Organization (IRWO),
Railway Office Complex, Behind Shankar Market,
New Delhi 100001
Tel: (011) 23413627
Telefax : (011) 23411173.
on or before 15.00 hours Indian Standard Time on 24th October 2013.
4.5.
If the Tender is not delivered on or before 15.00 hours IST of 24th October 2013 as provided in
Clause 4.4 above, the same shall be declared late and shall not be accepted. IRWO shall not accept
any loss or delay in transit as an excuse for delayed/late tender.
5.
Opening of Tender
5.1.
The sealed outer envelope containing Packet-1 and Packet-2 shall be opened at the office of the
Managing Director, IRWO, Railway Complex, Shivaji Bridge (Behind Shankar Market) New Delhi110001 at 15.30 hours on 24th October 2013.
Sealed Envelope marked Packet-1 (Technical Bid) shall be opened first and if the full specified
Earnest Money deposit is not found as prescribed or the required Tender Document Fee (for those
who download the document from IRWOs website) is not found or any of the conditions mentioned
in Para 3.1 of Section D is not fulfilled, the Tender shall be summarily rejected. The technical data
and other information of the Tender shall be evaluated by IRWO and if required these may be
discussed with the Tenderers and the technically acceptable Tenders shall be short listed. Decision
of IRWO in this regard shall be final and no correspondence will be entertained in this regard.
5.2.
Page 16 of 83

5.3.
Earnest Money is to be deposited by all Tenderers. There is no exemption for the Tenderers who are
enlisted with any Government Organization like MES, CPWD, Railways, Small Scale Industries, etc.
5.4.
Envelope marked Packet- 2 (Financial Bid) containing the price bid shall be kept unopened in safe
custody by IRWO at the time of opening of the Tender. The Packet-2 (Financial Bid) of short-listed
Tenderers shall be opened on the date and time which will be intimated to the Tenderers.
6.
Validity of the offer
6.1.
The Tender offer shall remain valid for a period of 120 days from the date of opening of the Tender.
If the Tenderer after submitting the Tender, resiles from his offer or modifies the terms and
conditions thereof in a manner not acceptable to IRWO, the Earnest Money Amount shall stand
forfeited.
7.
Rejection of Tenders
7.1.
The Indian Railway Welfare Organisation does not bind itself to the lowest or any Tender and
reserves to itself the right to accept or reject any or all the Tenders either in whole or part without
assigning any reasons for doing so or without incurring any liability to the affected Tenderer(s).
IRWO can bifurcate the work seeing the feasibility of execution/ early completion of the project.
7.2.
The Tenderer is expected to read carefully all instructions, Tender Forms, terms and conditions in
the Tender document. Failure to furnish all information required by the Tender or to fill up all
Tender forms or submission of a Tender not substantially responsive to the Tender documents in
every respect will be at the Tenderers risk and may result in the rejection of his Tender.
7.3.
Tenders containing conditions are liable to be rejected.
7.4.
Tenders containing any conditions leading to unknown / indefinite liabilities are also liable to be
rejected.
8.
Cost of preparation of Tender
8.1.
The Tenderer shall bear all costs associated with the preparation and submission of its Tender, and
IRWO will in no case be responsible or liable for those costs, regardless of the conduct or outcome
of the tendering process.
9.
Language of Tender
9.1.
The Tender, as well as all correspondence and documents relating to the Tender exchanged by the
Tenderer and IRWO shall be written in English language. Any printed literature furnished by the
Tenderer written in any other language must be accompanied by a translation in the English
language duly authenticated by the Tenderer, in which case, for purposes of interpretation of the
Tender, the translation shall govern.
Page 17 of 83

10.
Tender Format and Signing of Tender
10.1.
The contents of the Tender shall be typed or written in indelible ink and shall be signed by the
Tenderer or a person or persons duly authorized to bind the Tenderer to the contract. The
Authorised Signatory shall initial all pages of the Tender Document.
10.2.
The Tenderer shall submit a General Power of Attorney (GPA) issued by a Resolution passed by the
Board of Directors of the Tenderer (or Lead Member in case of a Consortium) duly authenticated by
affixing a Company Seal and further duly notarised, in favour of the Authorised Signatory of the
Tender indicating that the specified person has the authority to sign the Tender, and confirming that
the Tender is binding upon the Tenderer during the full period of its validity. The Tender format of
the GPA is enclosed at Tender Form E5. In case of a Consortium, a Power of Attorney must be
submitted in Tender Form E4, authorizing the Lead Member to act on behalf of other members of
the Consortium.
10.3.
Any interlineations / corrections shall only be valid if the Authorised Signatory initials them.
10.4.
IRWO may, at its discretion, extend the deadline for submission of Tenders by amending the Tender
documents, in which case all rights and obligations of IRWO and Tenderers will thereafter be subject
to the revised deadline as extended.
11.
Confidentiality
11.1.
Information relating to the examination, clarification, evaluation and recommendation for the
Tenderers shall not be disclosed to any person who is not officially concerned with the process or is
not a retained professional advisor advising IRWO in relation to, or matters arising out of, or
concerning the Tender. IRWO will treat all information, submitted as part of the Tender, in
confidence and will require all those who have access to such material to treat the same in
confidence. IRWO may not divulge any such information unless it is directed to do so by any
statutory entity that has the power under law to require its disclosure or is to enforce or assert any
right or privilege of the statutory entity and/or IRWO.
12.
12.1.
Pre-bid meeting
It is proposed to hold a pre-bid conference with the intending Tenderers on Thursday, 26th
September 2013. at 11:30 hours in IRWOs office to clarify any points that the intending Tenderers
may have regarding the Tender. Tenderers who require any clarifications are requested to send their
queries before 12th September 2013 (16.00 Hrs) either through post or through email (at
irwo2009@gmail.com and dirfin@irwo.net).
Interested Tenderers may obtain further information from the office of:
General Manager (General),
New Delhi 100001
Tel: (011) 23413627, Telefax : (011) 23411173. Email: irwo2009@gmail.com and dirfin@irwo.net.
13.
Page 18 of 83

Annexure C1
CHECKLIST
Requirement as per Clause 4.2 of Section C (in Packet- Complied with (Yes / No)
1)
- Document bound
- All the pages numbered serially
- Each page of the book duly stamped and
initialled in blue ink by the authorized signatory
- All corrections/interlineations initialled in blue
ink by the authorised signatory
Sl. No.
Document / enclosure for

Submission
Document
Submitted
(Yes / No / Not
Applicable)
Page Nos (__ Total No

to __)
of Pages
Outer Envelope (To be sealed after putting in following documents as well as Packet-1 & Packet-2)
1
Covering Letter as per the prescribed
format in Tender Form E1;
2
Tender Document Fee (in case Tender
documents are downloaded from IRWO
website) in the form of Demand Draft /
Bankers Cheque (DD/BC to be put in
plastic jacket which should be bound as
part of main booklet)
3
Earnest Money in the form of Demand
Draft /
Bankers Cheque (DD/BC to be put in
plastic jacket which should be bound as
part of main booklet)
4
This Check List
Total number
of pages
Packet-1- Technical Bid ( To be sealed after putting in following documents)
1
(as per Tender Form E2) with Company
profile, Memorandum and Articles of
Association, etc.
2
Joint Tendering Agreement (applicable if
the Tender is submitted by a Consortium
of Firms) (as per Tender Form E3)
3
Power of Attorney for appointing
Lead Member duly attested by notary
public (applicable for a Consortium)
4
Power of Attorney in favour of the
Page 19 of 83
5
6
7
8
Authorised
signatory
of
Tender
documents duly attested by notary
public (as per Tender Form E5)
Technical Proposal of the Tenderer (as
per Tender Form E6)
Information for Technical Bid (as per
Tender Form E7) including supporting
Details
Affidavit, duly attested by notary public
(as per Tender Form E7A)
The original Tender document issued to
the Tenderer (or the full
Tender Document downloaded from
IRWO website), duly stamped and
initialled on all pages by the Authorised
Signatory as a token of acceptance,
except the
Form of Price/Financial Bid.
Total number
of Pages
Packet-2 Financial / Price Bid (To be sealed after putting in following documents)
1
Financial / Price Bid (as per Tender Form
E8)
Total number
of Pages
Date:
Place:
Company Seal of the Bidder/
Lead Member of the Consortium
(Signature of the Authorised Signatory)

(Name and designation)
Page 20 of 83

SECTION D
DETAILS OF THE WORK, ELIGIBILITY, TECHNICAL SPECIFICATIONS & SPECIAL CONDITIONS
1.
Introduction
1. 1.
Indian Railway Welfare Organization (IRWO) is a no-profit no-loss Society registered under the
Societies Registration Act XXI of 1860 with its headquarters at Delhi. It works under the patronage of
Ministry of Railways. Member Staff, Railway Board, is the ex-officio Chairman of the organization.
President and Secretary of all recognized staff unions in the Railways, as well as the service
associations are members of the Governing Body. The primary objective of IRWO is to construct
houses for serving and retired railway employees on no-profit no-loss basis. The eligible persons,
before applying for a particular housing scheme, have to become members of IRWO. The present
membership of IRWO is over 78,000. So far IRWO has constructed about 8000 dwelling units all over
India. Another 2000 dwelling units are under construction.
2.
Name of the Work
2.1.
The work is to be done in two parts:
2.1.1
PART-1: Transfer of Title of land and Sanction of Plans.

For construction of 600 (-+25%) multi-storeyed dwelling units on Turnkey basis at Greater Noida
West in Sectors developed by Greater Noida Industrial Development Authority (GNIDA), transfer of
clear and unencumbered lease of plot of land to IRWO, with the approval of GNIDA, and all
clearances like Environment, Airport Authority of India (AAI), Fire, etc., preparation, submission and
obtaining approval of building drawings from the state / local authorities and all requisite sanctions,
clearances and No Objection Certificates (NOCs) e.g, environment including pollution control, fire
fighting authority, underground water authority, Airport Authority, Conservator of Forests, etc. as
required for execution of work.
2.1.2. PART-2: Construction including handing over of Dwelling Units.

Construction of multi-storeyed dwelling units, parking spaces in basements/stilts/open, community
centre, commercial area and ancillary service buildings including all internal and external civil,
electrical, plumbing, water supply, drainage and sewerage works duly connected to the general
drainage and sewerage system of the local authority, sewage treatment plant with proper disposal
of effluent for recycling, road works, horticulture, landscaping, rain water harvesting, pavement
works, fire fighting works, underground and overhead water tanks with adequate water supply
connection from the water supply of the local authority, deep tube wells with submersible pumps to
cater full requirement of water supply of the residential complex, supply, installation and
commissioning of passenger lifts, water pumps, diesel generating sets, electric sub-stations and
transformers, external electrification, lightning arrestors, other safety devices, etc. duly complete in
all respects, including handing over of the dwelling units to allottees through IRWO including
obtaining completion/occupancy certificate on completion of work from the concerned authority.
Mandatory requirements for provision of housing for Economically Weaker Sections (EWS) of
society, if any, are also to be catered for.
Page 21 of 83

3.
Eligibility Criteria
3. 1.
The prospective Developer / Builder or the members of the Consortium (see note below) must fulfil
the following minimum conditions to be eligible to apply: -
i)
The Sole Tenderer or one of the members of the Consortium should be in possession of a clear
and marketable title of the land. Further, the said land should be free from any encumbrances
(litigations, disputes, mortgage etc). The said land should be duly allotted by GNOIDA for group
housing within Sectors 1, 2, 3, 4, 10, 12, 16, 16-B, 16-C & Technical Zone IV of Greater Noida
West, as marked in the plan of Greater Noida West area attached at Annexure D1. The plot of
land should be duly transferable to IRWO, as per the by-laws of GNOIDA.
Authenticated copies of Allotment letter, Possession letter, Conveyance/Lease Deed and Byelaws/Lease terms of GNOIDA dealing with allotment and transfer of land are required to be
submitted with the offer as documentary evidence. The Tenderer would also have to specifically
certify in Tender Form E7 that the plot of land offered is not involved in any litigation, disputes,
mortgage etc. In support, the Tenderer should attach an affidavit in Tender Form E7A, along
with the prescribed certificates from the Revenue Authorities/Tehsildar and the GNIDA.
ii)
Gross Turnover of the Sole Tenderer or the aggregate gross turnover of the members of the
Consortium for the last four consecutive financial years ending 31st March, 2012 from building works
should be at least Rs. 240 Crores (including cost of land used in the works). Turnover from such
works in the preceding one financial year ending 31st March, 2012 should not be less than Rs. 60
Crores (including cost of land used in the works).
Authenticated Copies of audited accounts (Balance Sheet and Profit & Loss Account) for the last four
consecutive years ending 31st March, 2012 duly certified by the Statutory Auditors, are required to
be submitted with the offer as documentary evidence of the turnover.
iii)
The Sole Tenderer or the Lead Member, in case of consortium, should have either successfully
completed at least one work of Group Housing (with multi-storeyed buildings) of value of Rs. 240
Crores (including cost of land used in the work) or more, or should have completed at least two
works of the value of Rs. 120 Crores (including cost of land used in the works) or more each during
the last four consecutive years.
Authenticated copies of completion / provisional completion certificate from the concerned local / state
government authority are required to be submitted with the offer as documentary evidence.
Note : However, for consortia, in the cases mentioned above, each member whose turnover is counted for
the purpose of eligibility criteria should hold minimum 26% equity in the consortium/SPV, and this
stake of the said member cannot be diluted till the period of one year after the defect liability period
is over. The Lead Member shall individually and compulsorily hold at least 51% equity stake in the
SPV for a period of up to at least one year after the defect liability period.
3.2.
Consortium
3.2.1. Applications submitted by a Consortium must comply with following requirements:
Page 22 of 83

i)
The number of Consortium members shall not exceed three.
ii)
The Consortium shall furnish a Joint Tendering Agreement on non-judicial Stamp Paper of value
of minimum Rs. 100/- as per the Tender Form E3 provided in this Tender document, which shall
be legally binding on all the members of the said Consortium. The Joint Tendering Agreement
for the Consortium shall state the responsibility regarding the provision of plot of land and
technical and financial arrangements, in respect of each member in the Consortium. The Joint
Tendering Agreement should be valid for a minimum period of 180 days from the date of
submission of the Tender.
iii)
One of the members of the Consortium shall be nominated as the Lead Member to act on behalf
of the other members as their representative for tendering and implementation of the project.
This authorisation shall be evidenced by submitting a Power of Attorney signed by legally
authorized signatories of all members as per Tender Form E4 provided in this Tender document.
iv)
The Tender form as well as the Earnest Money Deposit shall be submitted in the name of the
Lead Member.
v)
In case the Tender is awarded to the Consortium, for the purpose of execution of award of the
Tender, the Parties will set up a Special Purpose Vehicle (SPV), the common equity
shareholding pattern of which shall be mentioned in the Joint Tendering Agreement. The Lead
Member shall individually and compulsorily and at all times hold at least 51% equity stake in the
SPV for a period of up to at least one year after defect liability period. Each member whose
turnover is counted for the purpose of eligibility criteria should and at all times hold minimum
26% equity in the consortium/SPV, and this stake of the said member cannot be diluted till the
period of one year after the defect liability period is over. In case of an SPV with a foreign
member, the lead member should be an Indian firm with a minimum share of 51%.
vi)
Change of the members of the consortium would not be allowed under any circumstance,
except when modification becomes inevitable due to succession laws etc. Under no
circumstances should the minimum eligibility criteria get vitiated. In such a case, the Lead
Member should continue to be Lead Member of the SPV. Same principle would be followed
even after award of the contract.
vii)
A firm can be a member in only one Consortium applying for the Contract; if a firm participates
in more than one application/bid either individually or as a member of a Consortium, all
applications/bids of which it is a part would be summarily rejected.
viii)
All members of the Consortium shall however, be liable jointly and severally, for the execution
of the project in accordance with the terms of the Agreement. Any liability arising out of the
Contract shall not be on pro-rata basis of shareholding in the consortium.
Number and Type of Dwelling Units
4.
i)
IRWO proposes to award the work for about 600 (-+25%) dwelling units of four types in multistoreyed towers with lifts and all external works complete in a separately identified plot of land
Page 23 of 83

with boundary wall and gate(s) with security hut(s)/ security provisions and adequate open
areas around the towers. This offer can also be a part of one of the larger projects/schemes
undertaken by the Tenderer, for example a township project. However, at the time of
submitting the Tender document it must be expressly mentioned by the Sole Tenderer /
Consortium and its members along with all relevant supporting documentation as to how IRWO
housing project would be included to be part of an existing township project, if applicable.
ii) The number of dwelling units may be increased or reduced by 25% (from 600) based on the area of
plot offered for transfer to IRWO by the Tenderer.
5.
Scope of work
IRWO propose to award the project on Turnkey Basis. The scope of the work shall mainly consist of :
PART-1: Transfer of Title of land and Sanction of Plans.
i. Transfer of clear and unencumbered lease of the plot of land to IRWO from GNOIDA, and all clearances
like Environment, Airport Authority of India (AAI), Fire, etc., preparation, submission and obtaining sanction
of building plans from GNOIDA.
ii. Conducting Soil Investigation to determine Safe Bearing Capacity of the soil on which design of Foundation
will be based.
iii. Preparation of all architectural and structural drawings. These shall be as per requirements of IRWO. All
structural design calculations/drawings shall be approved by Proof Consultants appointed by IRWO before
execution. Fee of the structural/proof consultants appointed by IRWO will be borne by IRWO.
iv. The structural and safety requirements laid down by B.I.S in various Codes and Specifications shall be
complied with, particularly with respect to earthquake resistant features and stability requirements.
v. Obtaining approval of building drawings from the state/ local authorities and all requisite sanctions,
clearances and No Objection Certificates (NOCs) e.g, environment including pollution control, fire fighting
authority, underground water authority, airport authority, Conservator of forest, etc. as required for
execution of work.
PART-2: Construction including handing over of Dwelling Units.
i.
Construction of multi-storeyed dwelling units, parking spaces in basements/stilts/open, community
centre, commercial area and ancillary service buildings including all internal and external civil, electrical,
plumbing, water supply, drainage and sewerage works duly connected to the general drainage and sewerage
system of the local authority, sewage treatment plant with proper disposal of effluent for recycling, road
works, horticulture, landscaping, rain water harvesting, pavement works, fire fighting works, underground
and overhead water tanks with adequate water supply connection from the water supply of the local
authority, deep tube wells with submersible pumps to cater full requirement of water supply of the
residential complex, supply, installation and commissioning of passenger lifts, water pumps, diesel
generating sets, electric sub-stations and transformers, external electrification, lightning arrestors, other
safety devices, etc. duly complete in all respects, including handing over of the dwelling units to allottees
through IRWO. Any mandatory requirements for provision of housing for Economically Weaker Sections
(EWS) of society, if any, should also be catered for. All the work shall be done under the overall supervision
of IRWO.
ii.
Obtaining completion/occupancy certificate on completion of work from the concerned authority.
Page 24 of 83

6. Details of Dwelling Units to be constructed along with relevant layout plans and construction materials
to be used
6.1. The tentative accommodation needed with Plinth area is given below:
S.No.
Type of DU
1.
2.
3.
4.
II - 2 BHK
III 3 BHK
IV 4 BHK
IVA - 4 BHK
Approx.
Plinth
Area
(sqm/sft )
79/850
102/1100
130/1400
177/1900
Maximum
Balcony
Area
(sqm /sft)
8/85
10/110
12/128
18/190
Maximum
Common
Areas
(sqm /sft)
13/140
17/180
21/225
28/300
% of
dwelling
units
28
30
25
17
6.1.1. Definition of Plinth Area:

Plinth area shall be as per IS-3861 with following clarifications/ modifications :
(i) Balcony/Verandah covered area shall be limited to the areas as indicated in the table under para 6.1
above. In case more area is provided in the balcony, payable area shall be limited to the area shown
in the table at para 6.1 above.
(ii) Overhead and underground water tanks, staircase mumty at terrace, electrical sub-station, DG
room, Pump room, underground/ overhead water tanks, guard hut(s), machine room for lifts, and
architectural, decorative and/or similar non-useable structures/rooms shall not be included in Plinth
Area (rates quoted by tenderers shall be deemed to have included the cost of all such portions /
parts as part of the main work).
(iii) The area of stair-cases shall be measured once, per floor, and that of any double height space of
structure at its respective floor level. In case, the staircase is attached to or within the stilted area, it
shall be measured in stiled area head.
(iv) Built-up Area of garages in the basement, extended basement, stilt floor and podium shall not be
added to the plinth area of dwelling unit.
(v) All areas shall be measured only once.
(vi) The term Plinth Area is the total chargeable area of flats including balcony and common areas
within the above limits of balcony and common areas. Only 3% differences in the Plinth Area of each
type of flat would be permitted in the offer, and maximum permissible area of balcony as well as
common areas would be adjusted proportionately. Any extra area provided in the balconies over
and above the proportion shown in the table in para 6.1, shall be payable at 40% of the accepted
rate, up to a maximum of 5% over the limits specified. However, no extra area is payable as far as
common areas are concerned.
6.2.
Type II and III dwelling units can be provided in the same tower, while Dwelling Units of Type IV and
IVA can be provided in same tower. Except for this, each type of dwelling units shall be provided in
separate towers.
6.3.
Detailed lay out plans of each of the four types of dwelling units and over all layout plan showing all
the towers with the layout of flats in each Block along with community centre, green areas, car
parking places, etc. shall be attached with the offer in Packet-1. Calculations of Plinth Area showing
Page 25 of 83

carpet area, area under walls, balcony area and common area for each type of flat shall also be
furnished by the Tenderer in Packet-1. Please also see Note under Para 14.1 below.
7.
Sample Flats
7.1 The Developer shall execute a Sample flat (one of each Type as per the table in Clause 6 above)
completing all items of works and services such as walls, floors, roof, plastering, joinery including fittings,
sanitary fittings, plumbing, electrification, painting, entire kitchen and bathroom fittings, doors,
windows, wood works etc. in all respects. The brands of various materials used as well as finishes will be
approved by IRWO. These will be guiding samples for future execution of the rest of the flats/ Dwelling
Units. These sample flats will be completed within eighteen months after award of contract failing
which a penalty of Rs. 1,000/- per day will be levied till completion of all the sample flats.
8.
Car Parking Spaces
8.1
Covered car parking spaces in basements/stilts/open areas of the buildings shall be constructed
adequately as per the provisions in the by-laws of the sanctioning authority.
8.2.
Car parking spaces provided shall have minimum parking size of 5 meter X 2.5 meter, and all
earmarked parking spaces shall have proper vehicle Driveways to enter /exit the parking areas as specified in
the National Building Code (NBC) and/or local by-laws. Stilted/ Basement parking /Covered Garages shall be
planned in a manner to conveniently accommodate car parking, taking into account adequate turning radius
for cars.
9.
Guarantee for handing over possession of the Dwelling Units
9.1
A Performance Guarantee in the form of an unconditional and irrevocable Bank Guarantee issued by
a Nationalised bank, or Scheduled bank in India (having a net-worth of at least Rs. 1,000 Crore) in favour of
Indian Railway Welfare Organization and having a validity period of up to three months beyond the date of
expiry of the defect liability period, shall be furnished by the successful Tenderer. This Guarantee shall be
equivalent to 5% of the total cost of the work excluding cost of land (Cost of land will be taken as 35% of the
value of Contract, as per Clause 15.3). This Bank Guarantee shall be given by the selected tenderer before
execution of the Agreement. For avoidance of any doubt, Scheduled Bank shall mean a bank as defined
under Section 2(e) of the Reserve Bank of India Act, 1934. In case the progress of work is unduly delayed as
compared to the agreed programme and the contract is rescinded, the security deposit shall be forfeited
and the Performance Guarantee shall be encashed and the balance work shall be carried out by a third party
as appointed by IRWO.
9.2 As an assurance for delivery of dwelling units to the allottees booked by IRWO, lease of proportionate
area of land, as per the FSI proposed to be constructed for IRWO, shall be transferred to IRWO as per the
procedure laid down by GNOIDA for transfer and registration of conveyance/lease deed.
9.3. A location plan demarcating the proportionate area of land as per the FSI proposed to be constructed
for IRWO shall be attached with the offer. It is desirable to utilise the FSI to the maximum possible extent. In
case there is any excess, the compounding charges shall be payable by the Builder.
Page 26 of 83

10.
Specifications
10.1.
Technical specifications to be followed for the construction are attached at Annexure-D2. The
work as detailed in the tender shall be executed and completed in all respects in accordance with the tender
documents, Technical Specifications of C.P.W.D. and Drawings as finally approved by IRWO, to the
satisfaction of the General Manager/IRWO in charge of the project.
10.2.
If any ambiguity arises to the meaning and intent of any portion of specifications or to the
execution or quality of any work or material, IRWO shall have the power to correct any errors, omissions or
discrepancies in the specifications, drawings, classification of the work or materials and IRWOs decision in
the matter shall be final and conclusive. In case of discrepancy between schedule of rates, specifications
and/ or drawings, the following order of precedence shall be observed:Description of items in the Schedule of Rates, if any.
Technical Specifications and Special Conditions of Contract.
C.P.W.D. Specifications.
Bureau of Indian Standards (BIS) Specifications.
General Conditions of Contract.
11. Community Centre / Club House, Nursery School, and Commercial Area
11.1 A community centre / club house with a total built-up area of (about) 500 sqm. shall be constructed
for the exclusive use of allottees of IRWO within the demarcated area for the IRWO housing complex as per
plan approved by IRWO.
11.2 The Club House shall have all the facilities normally provided in a club like a hall for functions, four
Guest Rooms with attached bathrooms/toilets, kitchen, rooms for gymnasium, indoor games and room for
health unit, toilets for ladies and gents, swimmimg pool of adequate size, childrens park with play
equipment etc. with all attendant facilities, including lawns and proper landscaping.
11.3 A commercial area consisting of utility shops for the convenience of the allottees shall be provided as
permissible as per the rules laid down by the sanctioning authority. These shops shall not be let out/sold by
the Developer but shall be handed over for management to the Residents Welfare Association of the
allottees which will be formed by IRWO.
11.4 In the housing complex a separate toilet should be provided for service staff who will be stationed for
maintenance work.
11.5 The cost of the Community Centre, commercial area and EWS units (if any) required to be built, shall
be included in the overall cost as quoted in the Price Bid in Form E8. No additional amount is payable.
12. Period of completion
12.1 The work as detailed in the tender shall be executed and completed in all respects (including handing
over to the allottees) within a period of 48 months, in accordance with the tender documents, Technical
Specifications of C.P.W.D. and Drawings as finally approved by IRWO, to the satisfaction of the General
Manager/IRWO in charge of the project. The period of 48 months will commence from the date of issue of
letter of acceptance or award of work to the tenderer.
Page 27 of 83

12.2 If there is a delay in completion of the work beyond the scheduled date of completion, compensation
per sqm of Plinth Area per month or part thereof shall be leviable on the Developer by IRWO at the rate of
Rs. 125 (Rupees One Hundred and Twenty Five only) per sqm.
13. The Price Bid
13.1 Rate may be quoted per sqm of Plinth Area of dwelling units inclusive of all preferential charges and
other charges like development charges, lease charges, taxes, etc., power back-up (1 kva for type II, 1.5 kva
for type III and 2 kva for type IV & IV-A, to be essentially provided for all flats), meter connection for back-up
power, including construction and land cost.
13.2. The cost of all items / services / amenities, (which are not separately quoted,) shall be deemed to be
included in the rates quoted and nothing extra shall be payable.
13.3. Rate per sqm of Plinth Area must be quoted for complete work at the site, including the Community
Center, Shops, mandatory EWS Housing to be provided (if any), and Parking both covered and open. The
rate quoted should be inclusive of all taxes, duties, octroi, cess, etc, and any other levies of State and
Central Government or any other local body/Authority. No part of such taxes on Developers labour or
materials shall be paid by IRWO who shall not entertain any claim whatsoever in this regard. Decision of the
IRWO in this regard shall be final and binding.
13.4. As far as Service Tax is concerned, Service Tax on Works Contract Section 65(105)(zzzza) of Finance
Act, 1994 would be paid by IRWO to the Developer when claimed in the bills. Service Tax on Construction
of Residential Complex Section 65(105)(zzzh) of Finance Act, 1994 would be recovered by IRWO directly
from the allottees.
13.5. Any new tax or any increase in the rate of levies/ taxes levied on the finished work introduced by
Central or Sate Government or by any local authorities after the opening of the tender, shall be reimbursed
to the Developer only on production of payment certificates from concerned authorities with authenticated
documents to the fact that the same has already been deposited by the Developer. Similarly, if there is any
additional levy due to Government legislation after the date of opening of the tender the same shall be
reimbursed to the Developer on production of authenticated documentary evidence to the fact that the
same has been deposited by the Developer.
13.6.
Deduction towards Income tax, Works tax or any other tax as per the applicable laws shall be made
by IRWO from the Developers Bills.
13.7.
The rate quoted shall be firm and no escalation shall be payable. On the other hand, if there is a
delay in completion of the work beyond the date of completion, compensation per sqm of Plinth Area per
month or part thereof shall be payable as indicated in Clause 12.2.
13.8. There would be a Defect Liability Period of 12 months from the date of taking over possession by the
allottee / IRWO, for any construction and/or installation defects and deficiencies, beyond which
maintenance of the housing complex shall be done by the Resident Welfare Association to be formed. As
such, no maintenance charges should be included in the offer.
Page 28 of 83

14. SUBMISSION OF BIDS.
As mentioned in Section C Instructions to Tenderers the tender would be submitted in two-packet system.
14.1. Packet-1, TECHNICAL BID would contain the following:
i)
Memorandum and Articles of Association, Evidence of Incorporation, Partnership Deed etc of the
firm, as applicable, in Tender Form E2.
ii) Power of Attorney in favour of official signing the bid, in Tender Form E5 (and also Power of
Attorney for Lead Member in Tender Form E4, in case of a Consortium).
iii) Authenticated Copies of Audited Accounts (Balance Sheet & Profit & Loss Accounts) for the last four
financial years ending 31st March 2012 showing Annual Turn-over for the preceding four financial
years, in Tender Form E7.
iv) Experience for construction of Multi-storied Group Housing schemes showing list of Projects
executed/under execution, in Tender Form E7.
v) Existing byelaws of GNIDA applicable to allotment and transfer of land, in Tender Form E7.
vi) Location, Dimensions and Area (in Acres) of plot of land offered, in Tender Form E7. IRWO would
only consider offers of land located in Greater Noida West in the sectors specified in the eligibility
conditions. An affidavit should be enclosed in Tender Form E7A, duly notarised, stating that the
offered plot of land is not involved in any litigation, disputes, mortgage etc. Affidavit should be
accompanied with certificates from the Revenue Authorites/Tehsildar and the GNIDA, in support.
vii) Authenticated copy of Allotment order for the land as issued by Land Allotting Authority (GNIDA),
along with the site plan of land allotted to the tenderer, in Tender Form E7.
viii) Authenticated copies of Sanction letter, etc along with the layout plans from the sanctioning
authority (GNIDA), in Tender Form E6.
ix) Possession Letter and Ownership documents of the land (Lease Deed) showing clear and
unencumbered title, etc, in Tender Form E7.
x) Number of covered car parking spaces to be provided, in Tender Form E6.
xi) Number of open car parking spaces to be provided, in Tender Form E6.
xii) Detailed unit plans with carpet area, wall area, balcony area and common area worked out on the
drawings, in Tender Form E6.
xiii) Detailed layout plan of the dwelling unit complex showing all facilities, services and utilities provided
including green areas, roads, pavements, community centre, EWS Housing, area demarcated for
school,etc. complete, in Tender Form E6.
xiv) A detailed plan and elevation of the Community Centre/Club House with facilities proposed to be
provided, in Tender Form E6.
xv) Earnest Money Deposit
Note : a) In case there is any reduction/waival of interest by GNIDA on principal cost of the plot of land
payable to them by the Developer, and/or any reduction/waival of premium charged by GNIDA for extra
FAR beyond 2.75 after opening of the bids, the benefit thereof shall be passed on by the Developer to
IRWO.
b) The Tenderer should indicate the Ground Coverage, FAR utilized, Height of the buildings/towers
proposed and the Density provided as per the plans prepared by him at items (xii) to (xiv) above.
14.2. Packet 2 FINANCIAL / PRICE BID shall contain only the Price Bid. The rates may be quoted in the
Schedule of Rates enclosed at Tender Form E8.
Page 29 of 83

14.3. IRWO will decide the award of the work at its own discretion based on the rates offered, location of
the plot offered, facilities offered, utilities available in the surrounding area, etc. as detailed in the Tender
documents duly filled by the Tenderer. IRWOs decision in the matter shall be final and binding.
15.
Payment Terms
15.1. Performance Guarantee equivalent to 5% of the value of contract excluding value of land as per para
9.1 in this Section shall be submitted by the Developer before execution of the Agreement. If the Developer
so desires, the full amount of Security Deposit i.e. 5% of the value of contract excluding the cost of land
(minus the amount of Rs. 50 lakhs pertaining to Earnest Money which will be retained as part of security
deposit) can also be furnished in the form of a Bank Guarantee (Ref. Para 3.6 of Section C).
15.2 Thereafter, the boundary of area of land proportionate to the area proposed to be built, shall be
marked at site with barbed-wire fencing and mild steel angle posts and plan with area of the land (in Acre)
submitted to IRWO. In case there are any outstanding payments/installments towards cost of land payable
to GNIDA, these should be cleared and then the marked land shall be transferred and registered in favour of
IRWO. If the Developer so desires, the outstanding principal payments can be set off against the Stage II
payment and the balance paid to the Developer. However, interest liability on the principal
payments/installments as well as penalty payments due, if any, should be cleared by the Developer before
the transfer of land in Stage II.
15.3 The payments shall be made by IRWO as per the following Stages :
15.3.1. PART-1:Transfer of Title of land and Sanction of Plans. In this Part, payments upon completion of
each of the following stages shall be made against 35% of the total contract value (Value of Part-1). All
payments by IRWO up to Stage IV in Part 1 would be made against an unconditional and irrevocable Bank
Guarantee (BG) of equivalent amount to be given by the Developer. The BG should be issued by a
Nationalised bank, or Scheduled bank in India (having a net-worth of at least Rs. 1,000 Crore), in favour of
Indian Railway Welfare Organization (IRWO) and having a validity period of up to 3 months after the
completion of Stage IV of Part-1 :
Page 30 of 83

S. No.
1.
2.
3.
4.
5.
6.
7.
STAGE
Stage-I
Advance Payment against cost of land at the time of
signing of the Agreement.
Stage-II
Upon receipt of permission to transfer the lease in favour
of IRWO from GNIDA.
% Break-up for
Payment
Time of
Completion
(Months)
10% of the 0
value of Part-1.
15% of the 1.5
value of Part-1.
Stage-III
Upon transfer of lease of unencumbered Residential 45% of the
Group Housing land duly fenced, in favour of IRWO with Value of Part-1.
all clearances required for the Transfer of Lease from the
GNIDA. (Only the payment of stamp duty and registration
fee for land/lease transfer in favour of IRWO will be
made by IRWO. All other charges, if any, shall be borne
by the Tenderer.)
Stage-IV
On mutation of the lease in favour of IRWO.
5% of the value
of Part-1.
Stage-V
On carrying out of Land survey, Soil investigation, 10% of the
ascertaining potability and yield of water from deep tube value of Part-1.
wells to meet total requirement of water for the
complex, and building of site office for IRWO Engineers.
Stage-VI
On obtaining environment, AAI, Fire, Forest, etc, 5% of the value
clearances as per requirement of sanctioning Authorites. of Part-1.
Stage-VII
Upon sanction of Building plans by the Local 10% of the
authority/Fire authority / Electricity board, etc., including value of Part-1.
clearances from all local / state government / central
government / concerned authorities to start construction
work.
0.5
15.3.2. PART-2: Construction including handing over of Dwelling Units: In this Part, payments upon
completion of each stage of the following stages shall be made against 65% of the total contract value
(Value of Part-2) :
Page 31 of 83

S. No.
1.
2.
3.
STAGE
% Break-up for
Payment
Stage-I
Building construction of dwelling units, parking spaces, 70 % of the
basements/stilts, foundations including pile foundation value of Part-2.
(as required), all internal water supply, overhead water
tanks, plumbing, sewerage, drainage, electrical, fire
fighting services, fixtures, fittings, supply, installation,
commissioning and testing of passenger and service lifts
etc. complete in all respects, including obtaining
completion/occupancy/no objection certificate from
relevant concerned statutory authorities.
Stage-II
Filling of earth to raise the existing ground level to 2 ft. 28 % of the
above the highest flood level (HFL)/adjoining highest value of Part-2.
road level or as required under local laws, whichever is
the highest (The HFL to be taken as given by the local
Development Authority), Development of all external
services including external water supply, sewerage
including sewage treatment plant, drainage, roads and
pavement work, community centre, rain water
harvesting, EWS Housing, shops and podium, external
electrification, sub-stations including transformers, deep
bore holes, tube wells and pumps, underground water
tanks, external fire fighting works, boundary wall , gates,
watchman (security) huts, landscaping, horticulture and
area development, providing and marking covered and
open car parking spaces, pump rooms, sub-station
building, Diesel generator room etc. complete in all
respects, including supply, installation, commissioning
and testing of equipment and also including obtaining
completion / occupancy / no objection/handing over
certificate, as required from relevant concerned statutory
authorities.
Stage-III
Maintenance during defect liability period.
2 % of the value
of Part-2
Time of
Completion
(Months)
42
12 months
from
the
date
of
completion
as certified
by IRWO.
Page 32 of 83

15.4. Yard-stick for interim payments for Stage-I as in Clause 15.3 above (as percentage of 70% of Value
of Part-2), i.e. 65% of contract amount, for Multi-storied buildings including parking spaces in
basements/stilted area and including internal services and lifts, shall be made by IRWO as follows:
S. No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Sub-Stage Work
Up to plinth including all earthwork, Anti-termite

Treatments, PCC foundation base, D.P.C., masonry in
Foundation, RCC Rafts / piles foundation, pedestals,
basement(s) as required, back filling of earth, PCC under
Floors etc. complete.
RCC work in Columns, beams, slabs, sunshades, staircase
and any other RCC works in Superstructure including stilt
floor, electric conduiting in slabs and Fan/light Boxes etc.
complete.
Brick Work in Super structure, RC lintels etc. complete.
Doors, Windows and ventilator Frames including hold-fast
and Grills, etc. complete.
Sanitary and Water Supply Plumbing including Rain Water
pipes, soil and waste pipes, electric conduiting in Walls,
MS/ Sheet Metal Boxes and shaft plaster, RC jali etc.
complete
Internal Plaster including sunken area water proofing and
plastering etc. complete.
Flooring and skirting including Polishing etc. complete
Dados (Glazed Tiles, Counters including, polishing and
Cleaning, etc.) complete.
Mumti, Machine room, Overhead water storage tanks
with Water proofing of roof, parapet walls, plastering,
Gola and terracing etc. complete.
External finish including covering of Expansion Joints,
plinth projection etc. complete.
Door, Window and Ventilator Shutters including all
hardware fittings, glass panes etc. complete.
Sanitary, water Supply fittings and fixtures, etc. complete.
Internal & External painting and oil bound distemper etc.
complete.
Electrification including wiring Switches,
D. B, Meter
Board, Tag Box, fixing of fittings etc. complete.
Staircases and balcony Railing, Ladders, Letter boxes,
signage and other miscellaneous items etc. complete.
Supply, Erection, Commissioning and testing of Passenger
Lifts with required civil and electrical works etc. complete.
Site clearance.
On completion of Building works.
% Payment
Multi-storied
blocks (each
block)
18
29
05
03
03
02
04
02
02
05
06
04
02
05
01
07
01
01
Page 33 of 83

Notes:
(a) Total value of contract will be apportioned to each Block of flats based on ratio of Plinth Area of the
block to total Plinth Area.
(b) However, except nos. (1), (9), (16), (17) and (18) part payment for stilt/ ground / upper floors shall
be released proportionately.
(c) For payment against item nos. (1), (9), (16), (17) and (18), super built up area of respective block
excluding basements / stilted area shall be considered.
(d) Refer clause 6.1.1 above Definition of Plinth Area (Plinth Area).
(e) Terrace shall not be measured or paid separately. However, it shall be deemed to have been
included in the rates quoted by the contractor.
(f) Payment for running / final bill shall be made as per the actual progress of work / measurement at
site duly certified by the General Manager/IRWO. However, running payments will not be made
more frequently than once a month.
(g) Proportionate part payments for proportionate built-up area at each stage in the running bill may be
released as per the actual quantum of work done at site. Regarding release of proportionate part
payment, the decision of IRWO shall be final.
15.5 Yard-stick for interim payments for Stage-II as per para 15.3 (as percentage of 28% of value of
Part-2) towards external works, internal and external fire fighting:
Payment shall be released on completion including execution, supply, installation, connection with
the system of the sanctioning authority where required, testing and commissioning of:
S. No.
Item
External Electrical & telephone works including connection
13
Transformers & HT panels
Diesel Generating Sets
Bore holes and pumps
Under-ground tanks
Internal & external Fire fighting
16
Earth filling
Roads, Pathways and open parking spaces
11
Landscaping, Horticulture, Rain water harvesting
10
External Water supply and water connection
11
Boundary Wall, Security Hut & Gate
12
Storm Water drainage &Sewerage/ STP (as required)

including connection for final disposal
Misc. Building works such as security hut with toilet, pump
rooms, DG set transformer room etc. complete
13
Page 34 of 83

14
15
On Completion of external works including supply,

installation, testing and commissioning
Community Centre, Shops and EWS Housing
7
8
Page 35 of 83

Annexure D1
Page 36 of 83

Annexure D2
SALIENT TECHNICAL SPECIFICATIONS
Foundations: RCC Pile/Raft Foundation for multi-storeyed blocks compliant to earthquake resistant design
shall be provided. Design and calculations shall be furnished to be checked/ approved by IRWOs Proof
Consultants.
Earth Quake Resistant Structure: The building with frame shall be designed as per provisions of Earth
Quake resistant Codes IS 1893 (Pt-I) 2002 - Criteria for Earthquake Resistant Design of structures - General
provisions and buildings and IS 4326:1993 - Earthquake Resistant Design and Construction of Buildings Code of Practice (for Zone-IV).
Superstructure: Framed structures in RCC with brick partition walls in cement mortar shall be provided.
Reinforcement Steel: The steel used for reinforcement will be either of TATA, SAIL or Rashtriya Ispat Nigam
Ltd.
PPC/OPC cement used for the work should be produced by integrated unit and of a brand
Cement:
approved by IRWO. If OPC cement is used, fly ash conforming to Grade-I of IS 3812 shall be used as part
replacement of cement upto 30% by weight. Design Mixes shall be got approved from IRWO.
Beams/Lintels/Slabs/Columns etc.: Reinforced cement concrete.
Doors/Windows:
All door and window frames shall be of teak wood imported from Ivory Coast, Ghana,
etc. and polished. Front door shall be 35 mm thick panelled door with teak wood styles and rails and teak
wood panels, and polished. Internal doors shall be 35mm plain flush doors with teak veneering or panelled
doors and polished. Windows shall have teak wood glazed shutters and polished. Window frames and main
entrance door shall have double rebate.
Fittings for Door and Window Shutters: (i) Main Entrance door: M/s Godrej & Boyces (Godrej) lock Ultra
Twin Bolt ICK-Satin Nickel (Product Catalogue Ref. No. i.e, PCRN 8126/8129) with Anoushka Pull Handle Satin
(PCRN 9136) shall be installed.
(ii) Stainless Steel Square Tower Bolts of size 250mm, 200mm or 150mm (PCRN 8577), manufactured by
Godrej shall be provided for all door and window shutters.
(iii) All internal doors shall be provided with Godrej 6-lever lock with Urvashi handle (PCRN 3862) instead
of sliding bolts.
(iv) All toilet and bathroom doors shall be provided with Godrej Cylindrical Classic Lock SS (keyless) (PCRN
3786) instead of sliding/ tower bolts.
(v) Godrej Stainless Steel Roller Bearing type Hinges (PCRN 7908) with stainless steel screws shall be used
for fixing door and window shutters instead of MS/ oxidised iron butt hinges.
Flooring: Nitco / Somany Vitrified tile flooring shall be provided in all rooms except in the drawing and dining
rooms where ultra-glazed vitrified tiles of Nitco / Somany shall be provided. Matt finished ceramic tiles of
Nitco / Somany make shall be provide in verandas / balconies with minimum thickness of 10.0 mm or above.
Floor tiles should have a minimum thickness of 10.0 mm and above. Udaipur green stone flooring shall be
Page 37 of 83

provided on staircases and corridors. Granite stone flooring and cladding shall be provided in Lift and
entrance Lobbies.
Wall & Ceiling Finish: All internal walls and ceiling shall be plastered with cement mortar and provided with
J.K./ Birla White Cement putty and finished with ICI/ Asian acrylic paint of colour and shade to be approved
by IRWO.
External Faade: Grit washed with marble stone chips in various colour combinations or with water proof
cement paint of Spectrum make Weather Coat quality.
Bath Rooms/Toilets: Nitco /Somany Ceramic glazed wall tiles upto full height in bath rooms and toilets with
minimum thickness of 6.0 mm and above and anti-skid matt finished ceramic tiles for flooring with minimum
thickness of 7.5 mm and above. Parryware / Hindware Ceramic bathroom fixtures, St. Gobain / Atul mirror
and single lever, quarter-turn chromium plated brass fittings of Jaquar/ Johnson make along with concealed
plumbing with Astral / Lubrizol make CPVC internal pipes.
Kitchen: Granite stone working top with Nitco / Somany ceramic glazed wall tiles up to 600 mm height on
walls above the working top, with minimum thickness of 6.0 mm and anti-skid matt finished ceramic tiles
for flooring with minimum thickness of 7.5 mm and above. Neelkanth/ Jayna Kitchen sink of stainless steel
with 250mm deep bowl with draining board shall be provided. Nitco / Somany Heavy duty matt finished
ceramic tiles of minimum thickness 10.0mm and above for flooring shall be provided.. Modular kitchen
installation and finish upto working top level shall be provided.
Internal and External Piping: Astral/ Lubrizol make CPVC pipes conforming to IS: 15778 shall be used for
internal water supply for the dwelling units. Supreme/ Prince UPVC pipes conforming to IS: 4985 (Class-5)
with injection moulded fittings conforming to IS: 7834-1975 shall be used for External Water Supply. UV
stabilised soil, waste and rain water pipes conforming to IS: 13592-1992 Type B shall be used with V-shaped
Rubber Ring conforming to IS: 5382.
Roads: (i) Sub-grade to be compacted at OMC in layers not exceeding 20 cm depth to achieve 95% of dry
density.
(ii) Water Bound Macadam (WBM) 150 mm thick with stone aggregate 90 mm to 45 mm including 13
mm size stone screening duly compacted.
(iii) Layer of 100 mm sub-base of Cement Concrete M-15 with final layer of Cement Concrete M-20,
100 mm thick, vibrated, vacuum dewatered, skim floated and power trowelled top surface with broom
finish, laid in panels, with side slopes as necessary, including providing grooves as required for expansion
joint and filling the grooves with a mixture of 80 kg of hot bitumen, 1 kg cement and 0.25 cu m of coarse
sand.
Stilts and Open Car Parking Spaces: Stilts and open car parking spaces shall also be finished with a layer of
100 mm sub-base of Cement Concrete M-15 with final layer of Cement Concrete M-20, 100 mm thick,
vibrated, vacuum dewatered, skim floated and power trowelled with broom finish, laid in panels including
providing grooves as required for expansion joint and filling the grooves with a mixture of 80 kg of hot
bitumen, 1 kg cement and 0.25 cu m of coarse sand. Cement concrete shall be laid on well compacted
earthwork.
Page 38 of 83

Letter Boxes and Number Plates; Decorative Number plates of design and material approved by IRWO for
Blocks and dwelling units are to be provided to display the number prominently. Letter Boxes of design and
material approved by IRWO are also to be provided at suitable location in the stilts for each dwelling unit
with unit number written on each letter box.
Electrical: Copper wiring of Skytone/ National make of adequate size as per IS specifications to match the
power requirement of each dwelling unit to be provided in MEDIUM GRADE concealed PVC conduits of AKG/
Finolex make with MCBs and ELCBs of L&T/ Legrand make with modular switches of Anchor/ NorthWest
make.
Power requirement:
Type of unit
II
III
IV
IVA
Power Requirement
6 KW
8 KW
10 KW
12 KW
Power back-up: Minimum 1 kva for Type II, 1.5 kva for type III and 2 kva for Types IV & IV-A to be provided.
DG Sets: Adequate capacity of DG Sets of Cummin Kirloskar/ Greaves Cotton make with AMF panel
and Distribution panel, as stand-by for working of lifts, water pumps, common services, street lighting,
power back-up etc. shall be provided. Solar panels shall be provided for entire Street Lighting.
Water Supply System: Source of water-supply at one point with pumping arrangement to individual/
common water tanks on top of the buildings for each flat shall be provided. Raw water and Drinking water
pumps shall be of adequate capacity and of Kirloskar/ Crompton make.
Sewerage System: Properly designed underground sewerage system with manholes shall be provided with a
Sewage Treatment Plant or external sewerage system of the local authority for final disposal of the sewage.
Water Harvesting: Properly designed water harvesting arrangements shall be provided as per the
requirements of the local/ central sanctioning authority.
Lifts: Two lifts of suitable capacity conforming to relevant Building Code and of OTIS / Johnson make
(Automatic type) and Switching Panels of ABB /Areva make shall be installed in each tower. One of the
passenger lifts shall be for minimum 13 persons and the second lift shall be for minimum 8 passengers.
Electric Sub-station: Electric sub-station with adequate capacity of Transformers of ABB/ Kirloskar make shall
be installed for power supply to the housing complex.
External Electrification Works: It shall include: (i) Approval of electrification scheme and sanction of load
from the concerned power supply authorities based on calculation of load as per their norms after approval
of the scheme by IRWO. Electrical load of common areas like lifts, water pumps, fire pumps, staircase and
corridor lighting, street lighting, power back-up, etc, shall also be taken into account.
(ii) Power supply at 33/ 11 KV voltage shall be taken from concerned power supply authorities.
(iii) Establishing adequate number of 11/0.415 KV substations of requisite capacity with power VCBs/ GODO
switches, etc.
Page 39 of 83

(iv) Distribution of LT power supply through feeder pillars and cabling network to all user points.
(v) Providing individual power supply meters to each dwelling unit by the power supply authority in the
metering boards to be provided at appropriate location.
(vi) Metering of common services power load.
(vii)Providing sufficient number of Street light poles with solar panels in the complex and park area, as per
norms.
(viii) Back-up power supply with current limiting device for individual dwelling units as laid down above.
Fire Fighting Arrangements: Provisions laid down in National Building Code of India 2005, and
requirements specified by appropriate Fire Officer of the State Government and/or local bodies shall be fully
complied with for design and construction of fire fighting arrangements for the full housing complex. Fire
pumps, sprinkler pumps and jockey pump shall be of adequate capacity and of Kirloskar/ Crompton make.
Quality Assurance: To maintain the quality of works, the work shall be executed, strictly as per CPWD
Specifications and norms laid down by Bureau of Indian Standards (BIS). It shall be necessary to maintain a
Testing Laboratory as per clause 2.11 (e) of Section F of this Tender Document and maintain all records to
obtain best quality of work to be executed. Builder shall prepare and submit for approval to IRWO check-lists
for ensuring quality control of materials and various activities of work, e.g, earthwork, concrete, R.C.C works,
masonry works, plastering, flooring, roofing, plumbing, electrical installations, lift-wells and lifts installation,
fire fighting installations, and other activities of work required for the project and carry out joint checks with
IRWO as per the approved checklists.
************
Page 40 of 83

SECTION E
TENDER FORMS
A. Instructions:
i)
ii)
iii)
iv)
Strike out whichever is not applicable.

The Tenderer or his duly authorised agent should initial all pages of the Tender.
The Authorised Signatory of the Tenderer should initial all interlineations, erasures, overwriting,
additions and alterations in this Tender Form.
Where necessary, information may be furnished on separate sheets, which should be signed by
the Tenderer or his duly authorised agent.
B. Documents to be submitted as part of the Tender

In Sealed Outer Envelope
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Covering Letter of Tender, duly completed and signed by the Tenderer, as per Tender Form E1.
Checklist of Documents, as per Clause 4.2 of Section C (Annexure C1).
Demand Draft / Bankers Cheque for Tender Document Fee (in case the Tender Documents have
been downloaded from the IRWO website)
Demand Draft / Bankers Cheque for Earnest Money
Sealed Packet-1 (Technical Bid)
Sealed Packet-2 (Financial / Price Bid)
In Sealed Packet-1 Technical Bid

i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
General Information about the Tenderer with Company profile, Memorandum and Articles of
Association, etc., as per Tender Form E2.
Joint Tendering Agreement (applicable if the Tender is submitted by a Consortium of Firms), as
per Tender Form E3.
Power of Attorney for appointing Lead Member duly attested by notary public (applicable if the
Tender is submitted by a Consortium of Firms), as per Tender Form E4.
Power of Attorney in favour of the Authorised signatory of Tender documents duly attested by
notary public, as per Tender Form E5.
Technical Proposal in respect of the Project, as per Tender Form E6.
Information for Technical Bid, including supporting details, as per Tender Form E7.
Affidavit, duly notarised, as per Tender Form E7A.
The original Tender document issued to the Tenderer (or the full Tender Document downloaded
from IRWO website) duly initialled on all pages by the Authorised Signatory as a token of
acceptance, except the Tender Form of Price/Financial Bid.
In Sealed Packet-2 Financial Bid

i)
Price/Financial Bid, in Tender Form E8
Page 41 of 83

Tender Form E1
Covering Letter of Tender
{To be printed on the Letterhead of the Tenderer (in case of sole tenderer) or the Lead Member of
Consortium, including full postal address, telephone, faxes and e-mail address}
Date:
To
Managing Director,
New Delhi 100001
Subject: Construction of Multistoried Flats, including transfer of land, on Turnkey basis at Greater Noida
(West)
Ref: Tender No. IRWO/Tender/Turnkey/Greater Noida West/2013-14/1
Dear Sir,
With reference to the above Tender invited by you, I/We hereby offer to perform, provide, execute and
complete the works in conformity with the Conditions of Contract and Specifications for this Turnkey Work.
1.
I/We have read carefully the Tender booklets containing Articles of Agreement, Conditions of
Contract, Specifications, General and Special Conditions, Technical Specifications, Tender Forms etc.
and I/we understand that the works are to be completed within 48 months from the date of issue of
Letter of Acceptance or award of work and fully understand that the time will be the essence of the
contract.
2.
I/We enclose Demand Draft/Bankers Cheque No.________dated________for an amount of Rs. 50

lakhs (Rupees Fifty Lakhs only) as per Clause No. 3.1 of Instructions to Tenderers, drawn on
_______________Bank, payable at Delhi / New Delhi in favour of Indian Railway Welfare
Organisation. New Delhi, as Earnest Money and fully understand that this amount will not bear any
interest.
3.
I / We agree to keep the offer open for 120 days from the date of opening of the Tender.
4.
Should this Tender be accepted in whole or in part, I/We hereby agree to abide by and fulfill all the
terms and conditions annexed hereto. If I/we fail to commence the work specified in Tender
documents, I/we agree that my/our Earnest Money shall stand forfeited absolutely to IRWO
otherwise the said Earnest Money shall be retained by the IRWO towards Security Deposit. I/we also
agree to the balance security money being deducted from my/our stagewise payment bills in
accordance with the conditions of contract.
Page 42 of 83

5.
All the terms and conditions contained in the Notice Inviting Tenders, General and Special
Conditions of Contract. Specifications for execution of work and additional conditions and the
Agreement etc. constituting the Tender documents have been fully read by me/us and explained to
me/us and I/we hereby accept the same and sign hereunder in token of my/our acceptance.
6.
I/We are further enclosing herewith the following documents:

i)
Checklist (as per Clause 4.2 of Section C)
ii)
Sealed Packet-1 containing

-
iii)
General Information about the Tenderer (as per Tender Form E2) with Company
profile, Memorandum and Articles of Association, etc.
*Joint Tendering Agreement (applicable if the Tender is submitted by a Consortium
of Firms) (as per Tender Form E3)
*Power of Attorney for appointing Lead Member duly attested by notary public
(applicable if the Tender is submitted by a Consortium of Firms) (as per Tender Form
E4)
Power of Attorney in favour of the Authorised Signatory of Tender documents duly
attested by notary public (as per Tender Form E5)
Technical Proposal of the Tenderer (as per Tender Form E6)
Information for Technical Bid (as per Tender Form E7) including supporting details
Affidavit duly attested by notary public (as per Tender Form E7A)
The original Tender document issued to the Tenderer (or the full Tender Document
downloaded from IRWO website), duly initialled on all pages as a token of
acceptance, except the Form of Price/Financial Bid.
Sealed Packet-2
-
Financial / Price Bid (as per Tender Form E8)
*Strike out in case of Sole Tenderer

Yours faithfully,
Date:
Place:
Company Seal of the Bidder/
Lead Member of the Consortium
(Signature of the Authorised Signatory)

(Name and designation)
Page 43 of 83

Tender Form E2
1
Full Name of the Sole Tenderer / Lead Member of the Consortium:

(in Block Letters)
Tenderers Constitution
(Partnership Co. / Public Limited Co. / Pvt.Limited Co.)
Tenderers Registered Office and Place of Business
Tenderers Telephone No.

Fax No.
E-mail address
Name & Address of Directors of the Company

(Provide names, office & residence addresses, Telephone no.s, fax nos,
e-mail, profession / business engaged in etc.)
Company profile giving details of current activities, background of promoters and management
structure including Evidence of Incorporation, Partnership Deed, Memorandum of Association
(MoA) and Articles of Association (AoA) etc.
7.
Income Tax PAN No. and Service Tax Registration No.
Note: Similar information in respect of the other Members of the Consortium should be attached as Tender
Form E2A& E2B
Page 44 of 83

Tender Form E3
Joint Tendering Agreement
(To be executed on Non-Judicial Stamp Paper of Rs.100 and duly notarised)
This Joint Tendering Agreement (the JT Agreement) made at ________ on this __ day of _______, 2012
BY AND BETWEEN
_______________________________ (Lead Member), a partnership / private limited / public limited
company and having its registered office at _______________________________ (herein after referred to
as ________, which expression shall unless repugnant to the context or meaning thereof be deemed to
mean and include its successors in interest, subsidiaries and assigns) of the one part;
AND
_______________________________ (Member 1), a partnership / private limited / public limited company
and having its registered office at _______________________________ (herein after referred to as
________, which expression shall unless repugnant to the context or meaning thereof be deemed to mean
and include its successors in interest, subsidiaries and assigns) of the second part;
AND
_______________________________ (Member 2), a partnership / private limited / public limited company
and having its registered office at _______________________________ (herein after referred to as
________, which expression shall unless repugnant to the context or meaning thereof be deemed to mean
and include its successors in interest, subsidiaries and assigns) of the third part;
(__________, ______________ and ____________ shall be individually referred to as the Party and jointly
referred to as the Parties)
WHEREAS:
A.
B.
C.
Indian Railway Welfare Organization (IRWO) has invited bids for selection from the real estate
Developers either individually or through consortium for Construction of Multistoried Flats, including
transfer of land, on Turnkey basis at Greater Noida (West) (hereinafter referred to as the Project).
_________, ____________ and __________ have agreed to consolidate their resources, experience
and jointly submit the offer for the Tender issued by IRWO for Construction of Multistoried Flats,
including transfer of land, on Turnkey basis at Greater Noida (West) (hereinafter referred to as
Tender);
The Parties have therefore agreed to enter into an understanding in respect of the submission of the
Tender on the terms set out below.
NOW THEREFORE IN CONSIDERATION OF THE PREMISES ABOVE AND THE MUTUAL CONVENANTS HEREIN
CONTAINED THE PARTIES HEREBY AGREE AS FOLLOWS:
The recital herein contained shall constitute an integral and operative part of this JT Agreement
Page 45 of 83

The Parties hereto agree to consolidate their resources and hereby form a consortium to jointly prepare,
submit and Bid with private financing for commercial benefits as detailed in the Tender documents issued by
Indian Railway Welfare Organization, (IRWO) for Construction of Multistoried Flats, including transfer of
land, on Turnkey basis at Greater Noida (West).
The Parties hereto agree that ____________ and ___________shall be the Other Members and _______
____shall be the Lead Member of the Consortium as defined in the Tender documents (collectively referred
to as Consortium Members).
The Parties shall mutually and jointly take all the decisions with respect to the Project . _________ (Lead
Member) shall be authorized to act on behalf of the Consortium as their representative for Tendering and
implementation of the Project.
____________ (Lead Member) believes that it has the necessary qualification to fulfill technical capability
criteria of successful completion of group housing project and all the members believe that they have the
necessary qualifications to jointly fulfill the turnover criteria as detailed in the Tender Documents as well as
the criteria for possession of clear, marketable and unencumbered title of land required for the said Project.
For the purpose of execution on award of the Tender, the Parties will set up a Special Purpose Vehicle
(SPV) within 30 days of receipt of Letter of Award, the common equity shareholding pattern of which shall
consist of _______% shares to be held by ______, ______% shares to be held by __________ and _____%
shares to be held by ____________.
__________ (Lead Member) shall individually and compulsorily hold at least 51% equity stake in the SPV for
a period of up to at least one year after the defect liability period. On successful award of the contract, the
SPV shall enter into agreements with IRWO, which shall specify the terms and conditions for carrying out the
Project (Agreement) and shall carry out all the responsibilities in the terms of the Agreement.
The Parties shall be jointly and severally liable for the execution of the Project and be bound in accordance
with the terms of Agreement.
The role and the responsibility of each Party till the completion of Project shall be as follows:
Name of Member Type of Member Role & Responsibility
Name of Member
Type of Member
Role & Responsibility
Lead Member
Other Member
Other Member
Any terms and conditions to the extent not agreed upon by the Parties in this JT Agreement shall be
mutually agreed upon by the Parties and incorporated in the Article of Association of the SPV.
All information, document, etc. exchanged between the Parties related to this JT Agreement or the
preparation of any bid or the performance of the Project shall remain confidential and shall not be revealed
to any third party for a certain time period to be agreed upon. Unless otherwise required by law, the Parties
undertake not to disclose to any third party or anyone else and / or use any Information. [Information shall
be deemed to mean and include any idea, data, plans, concepts, designs, technical information, inventions,
specifications and operating experience and shall further include all the tracings, drawings, designs,
Page 46 of 83

calculations, sketches, models, reports, specifications, computer assisted design documents, results of
programs, computer discs, diskettes or taps, charts, photographs, other data compilations, report (whether
in draft form or completed) and other documents and the contents of any of them used by or provided by
the Parties in connection with the Bid] without prior consent of the other Party.
This JT Agreement shall come into effect on the date of submission of the Tender.
This JT Agreement shall be valid for a minimum period of one hundred and eighty days and shall be
extended further for such period as may be required by the IRWO, provided the Consortiums offer for this
Tender is not rejected by the IRWO.
All out-of pocket expenses of and incidental to this JT Agreement including stamp duty and registration
fees, if any shall be borne and paid by the Parties in proportion to their shareholding in the SPV. Each Party
shall pay and bear their own advocate/solicitors fees in the preparation of this JT Agreement.
This JT Agreement shall in all respects be constructed and interpreted in accordance with laws of India.
In the event of any dispute or difference between the Parties hereto arising from or relating to anything
contained in this JT Agreement, the Parties will endeavour to settle the same amicably. If they are not able
to do so within 30 days from the date of such dispute, the same shall be referred to arbitration in
accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment
thereof for the time being in force. The language of such Arbitration will be English and the venue will be
____________ .This Clause shall survive the termination of this JT Agreement.
In the event of a dispute(s) between the Parties over the subject of this JT Agreement, the prevailing party
shall be entitled to reasonable advocates/solicitors fees and costs incurred in the resolution of such
dispute(s).
IN WITNESS WHEREOF the Parties hereto have caused this JT Agreement to be executed by their duly
authorized representatives the day and year first above written.
SIGNED AND DELIVERED B _____________________________
By: _________________________
Title: _________________________
Date: _________________________
SIGNED AND DELIVERED BY _____________________________
By: _________________________
Title: _________________________
Date: _________________________
SIGNED AND DELIVERED BY _____________________________
By: _________________________
Title: _________________________
Date: _________________________
Witnesses:
Name
Address
Page 47 of 83

Tender Form E4
Tender Format of Power of Attorney for Appointing the Lead Member
KNOW ALL MEN by these presents that we, M/s ...............................[name of member of consortium other
than the lead member], a partnership firm / private limited company / public limited company (strike off
whatever is not applicable) having its Registered Office at ......................................[address of the company]
(hereinafter referred to as Member 1 ) and M/s ...............................[name of member of consortium other
than the lead member], a partnership firm / private limited company / public limited company (strike off
whatever is not applicable) having its Registered Office at ......................................[address of the company]
(hereinafter referred to as Member 2 ) and
WHEREAS we M/s ..........................., M/s ............................ and M/s ........................................(insert name
and registered office address of all the members) are forming a Consortium to submit their offer in response
to the tender (TENDER) for Construction of Multistoried Flats, including transfer of land, on Turnkey basis
at Greater Noida (West) (the Project) issued by Indian Railway Welfare Organization (IRWO) and is
desirous of appointing an attorney for the purpose thereof.
NOW KNOW YE ALL BY THESE PRESENTS, that we, M/s .......................... and M/s ......................... [names of
the members of the consortium other than the Lead Member] do hereby nominate, constitute and appoint
M/s ........................................[name of the Lead Member company] as its true and lawful Attorney to do and
execute all or any of the following acts, deeds and things for the Consortium in its name and on its behalf,
that is to say:
a) To act as the Lead Member of the Consortium for the purposes of the Project;
b) To procure tender documents, receive and make inquiries, make the necessary corrections and
clarifications to the Project documents, as may be necessary;
c) To sign all papers for all proposals, offers, Project documents, necessary documents, papers, Tenders,
representations and correspondence necessary and proper for the purpose of submitting the Tender.;
d) To act as the Consortiums official representative for submitting the Tender for the Project and other
relevant documents in connection therewith
e) To sign and execute contracts relating to the Project, including variation and modification thereto;
f)
To represent the Consortium at meetings, discussions, negotiations and presentations with IRWO,
Government Authorities, Competent Authorities and other Project related entities;
g) To receive notices, instructions and information for and on behalf of the Consortium;
h) To do all such acts, deeds and things in the name and on behalf of the Consortium as necessary for the
purpose aforesaid.
Page 48 of 83

AND the Consortium hereby covenants with the said Attorney to ratify and confirm all and whatever the
attorney may lawfully do or cause to be done by virtue of these presents.
IN WITNESS WHEREOF the Consortium members puts their hand and seal to this Power of Attorney on this
[day, month & year]
The common seal of [name of one of the
Member ] was hereunto affixed pursuant to a
resolution passed at the meeting of Committee
of Directors held on the ____day of _______,
2012 in the presence of [name & designation of
the person] and countersigned by [name &
designation of the person] of the Company of
[name of the company]
)----------------------------------------------) [name & designation of the person]
The common seal of [name of the other Member

] was hereunto affixed pursuant to a resolution
passed at the meeting of Committee of Directors
held on the ____day of _______, 2012 in the
presence of [name & designation of the person]
and countersigned by [name & designation of
the person] of the Company of [name of the
company]

)
)
Witnesses:
Name
Address
Name
Address
Page 49 of 83

Tender Form E5
Power of Attorney for signing of Bid
This Tender Form is to be submitted only by the Sole Tenderer or Lead Member.
Know all men by these presents, We, ________________________ (name of the firm and address of the
registered office) do hereby irrevocably constitute, nominate, appoint and authorise Mr. / Ms (Name),
son/daughter/wife of ________________________ and presently residing at ________________________,
who is [presently employed with us/ the Lead Member of our Consortium and holding the position of
________________________], as our true and lawful attorney (hereinafter referred to as the Attorney) to
do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection
with or incidental to submission of our bid for Construction of Multistoried Flats, including transfer of land,
on Turnkey basis at Greater Noida (West) (Project) proposed or being developed by the Indian Railway
Welfare Organization (IRWO) including but not limited to signing and submission of all applications,
tenders and other documents and writings, participating in bidders' and other conferences and providing
information / responses to IRWO, representing us in all matters before IRWO, signing and execution of all
contracts and undertakings consequent to acceptance of our Tender, and generally dealing with IRWO in all
matters in connection with or relating to or arising out of our Tender for the said Project and/or upon award
thereof to us and/or till the entering into of the Agreement with IRWO.
AND I/we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things
lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred
by this Power of Attorney and that all acts, deeds and things done by my/our said Attorney in exercise of the
powers hereby conferred shall and shall always be deemed to have been done by us.
IN WITNESS WHEREOF We, ________________________, the above named principal have executed this
power of attorney on this __________ day of __________, 2012.
For________________________
(Signature)
(Name, Title/designation and Address)
Common Seal of the Company
I Accept
(Signature)
(Name, Title and Address of the Attorney)
[Notarised]
Witnesses:
1.
2.
Page 50 of 83

Notes:
The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid
down by the applicable law and the charter documents of the executant(s) and when it is so required, the
same should be under common seal affixed in accordance with the required procedure. Also, the Tenderer
should submit for verification the extract of the charter documents and documents such as a
resolution/power of attorney in favour of the person executing this Power of Attorney for the delegation
of power hereunder on behalf of the Tenderer.
Page 51 of 83

Tender Form E6
Tenderers Technical Proposal
i)
Detailed Layout Plan of the Housing Complex, showing all facilities, services and utilities provided
including green areas, roads, pavements, community centre etc. complete.
ii)
In case the Housing Complex is part of a larger project or if the layout and building plans have been
sanctioned by the plan sanctioning authority (GNIDA), authenticated copies of sanction letter,
builders license etc, along with the layout and building plans must be submitted.
iii)
Detailed Unit Plans with carpet area, wall area, balcony area and common area worked out on the
drawings based on the norms laid down in these Tender documents, as per Clause 6 of Section D.
iv)
Detailed Plan & Elevation of the Community Centre / Club House with facilities proposed to be
constructed, based on the norms as per Clause 11 of Section D.
v)
Number of covered and open car parking spaces which will be provided by the Tenderer in the
Housing Complex, based on the norms as per Clause 8 of Section D.
Page 52 of 83

Tender Form E7
Information for Technical Bid
The Tenderer firm (in case of Sole Tenderer) or the Lead Member (in case of Consortium) must indicate
relevant details of plot of land and showcase relevant turnover & experience in the development of similar
projects to fulfill the technical eligibility criteria. For this purpose, the Tenderer must present relevant
information in the following Tender Formats.
Details of Land - Eligibility Condition 3.1(i) of Section D
To be eligible, the title of the plot of land must be clear, marketable and unencumbered and it must be
located in Sectors 1,2,3,4, 16, 16-B, 16-C & Technical Zone IV of Greater Noida (West). (Map enclosed as part
of Tender Document at Annexure D1).
The plot of land must not be involved in any litigation, disputes, mortgage etc of any sort. The following
documents with respect to the plot of land should be submitted along with this Tender Form:
i)
ii)
iii)
iv)
v)
Authenticated copies of GNIDAs allotment letter, possession letter and ownership proof (lease
deed) showing clear, marketable and unencumbered title;
Authenticated copies of GNIDAs bye-laws/lease terms pertaining to allotment and transfer of land;
Location plan, showing the location of the plot of land in Greater Noida (West);
Photographs of the plot of land; and
Affidavit in Tender Form E7A, with certificates from Tehsildar and the GNIDA, in support.
Name of Firm / Member(s) of Consortium who has/have been allotted the land by GNIDA
..
Dimensions and
Total Land
location of relevant Area ( in
plot of land
acres)
Month & Year

of Allotment
Remarks - List the

relevant
documentary
evidence attached
Details of Gross Turnover & Project Experience - Eligibility Conditions 3.1(ii) & 3.1(iii) of Section D
Gross Turnover for the last four consecutive financial years ending 31st March, 2012 from building works
should be at least Rs 240 Crores (including cost of land). Turnover from such works in the preceding one
financial year ending 31st March, 2012 should not be less than Rs. 60 Crores (including cost of land).
In case of consortium, the members of the consortium can aggregate their turnover to fulfil eligibility
condition 3.1(ii) subject, however, to the Note below Para 3.1 of Section D. However, the project experience
criterion as per eligibility condition 3.1(iii) should be fulfilled by the Lead Member alone.
Page 53 of 83

Authenticated Copies of audited accounts (Balance Sheet and Profit & Loss Account) for the last four
consecutive financial years ending 31st March 2012 duly certified by the statutory auditor, are required to be
submitted with the offer as documentary evidence of the turnover. In case of a Consortium, all the members
whose turnover is considered, should furnish these documents.
Name of Firm / Member of Consortium: ..

2008-09
2009-10
2010-11
2011-12
Total
Remarks - List
the relevant
documentary
evidence
attached
Turnover from building works

in Rs lakhs
Turnover of other
members (in case
of Consortium) in
Rs lakhs
The Tenderer should have either successfully completed at least one work of Group Housing (with
multistoried buildings) of value of Rs.240 Crores (including cost of land), or should have completed two
works to the extent of Rs. 120 crores (including cost of land) each during the last four consecutive years.
Authenticated copies of completion/provisional completion certificate from the concerned local / state
government authority are required to be submitted with the offer as documentary evidence. Project
photographs may also be enclosed. In case of a Consortium, this requirement should be fulfilled by the Lead
Member.
Name of Firm / Lead Member of Consortium: ..
Sl. No.
Name and
Brief
Total Land
Year of
Completion
location of description
Area (
Completion Cost (in Rs
relevant
about the
in hectares &
of
lakhs)
project
Nature of
acres) and
Project
the
Built up
Project
Area in sq. m
Remarks - List
the relevant
documentary
evidence
attached
1.
2.
3.
Page 54 of 83

Certificate:
We declare that all information stated in the tables above and all details/ documents attached are complete
and absolutely correct and any error or omission therein, accidental or otherwise, will be sufficient for IRWO
to reject our Tender. Further, we specifically certify that the plot of land offered against this Tender is not
involved in any litigation, dispute, etc and in support of which we attach an affidavit in Tender Form E7A,
along with the prescribed certificates from the Tehsildar and the GNIDA.
Dated this _____ day of ___________ 2012
(Name & Signature of Authorised Signatory)______________________
In the capacity of _____________________ (position) duly authorized to sign this Tender for and behalf of
_____________________________ (name of sole tenderer/ lead member of the Consortium)
_____________________________________ (Address)
Page 55 of 83

TENDER FORM E7A
AFFIDAVIT
I, _____________________son of Shri _______________________, aged _____ years, resident of
___________________________________________________, (Director/ Authorized Signatory of
M/s.______________________), do hereby solemnly affirm and state as follows:1.
That I am the Director/ Authorized Signatory of M/s._______________________ and have been

empowered/authorized to affirm this affidavit. I say that M/s._________________________ has
been allotted for group housing a plot of land No. ____________ in Sector__________, _______,
____. ______________ measuring __________sq.m. vide letter of allotment No.
__________________________ dated ________.
2.
That I state that there are no legal proceedings against the aforesaid land before any Civil Court /
High Court of Judicature at ______ by the original land owners of the aforesaid land acquired by the
State of Uttar Pradesh under the Land Acquisition Act and/or any other State and/or Central Act.
3.
That in confirmation to what I have stated in paragraphs No. 1 & 2 above, I have hereby attached
certificates issued by the Tehsildar and GNIDA which are true and original copies.
DEPONENT
VERIFICATION:
Verified at ________ on this the _______ day of ______, 2013 that the contents of this affidavit are true to
the best of my knowledge and records of the allottee company.
DEPONENT
Page 56 of 83

TENDER FORM E8
FINANCIAL / PRICE BID
SCHEDULE OF RATES
Dwelling Units (DUs):
Type
Configur
ation
Ground+
Stilt+
Total No.
of DUs
SBA of
each DU
(sqm)
Total SBA
of all DUs
(sqm)
Common
Rate per sqm
of SBA
(Rs.)
Cost of each
Type of DU
(Rs.)
Total Cost of
all DUs of
each Type
(Rs.)
II
III
IV
IV-A
Total
Notes:
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
Place:
Dated:
Rates quoted for SBA of dwelling units shall be inclusive of the cost of land.
Rates quoted shall be firm and no escalation, whatsoever, shall be paid.
Car parking spaces provided shall have minimum parking size of 5.0 meter X 2.5 meter.
All Car parking spaces provided in the stilts/ basements/podiums or in the open are inclusive in the
rates quoted for dwelling units in Proforma above.
All earmarked parking spaces shall have proper vehicle Driveways to approach the parking areas.
Rates quoted against all items in the above Schedule of Rates shall be deemed to have included the
cost of all other items pertaining to this turnkey project and nothing extra shall be payable. Cost of
any mandatory EWS Housing or land to be earmarked for such Housing should also be included in
the rate quoted.
IRWO will decide the award of the work based on the rate offered, location of the plot/project,
facilities offered, utilities available in the surrounding area etc. IRWOs decision in the matter shall
be final.
Please also see Note below Para 14.1 of Section D
(Signature and Seal of Tenderer)
Page 57 of 83

SECTION F
IRWO GENERAL CONDITIONS OF CONTRACT
1.
GENERAL OBLIGATIONS
1.1
Intent & Scope of Contract

The intent of the contract is that the Developer shall provide work, building and systems in complete
functioning order and all work or materials necessary for the above intent shall be deemed to be
included and all items will be paid for at the rates established in the Contract.
1.2
The Developer shall supply at his own cost all materials, plant, tools, appliance, implements, ladders,
cordage, tackles, scaffolding, shuttering and temporary works required for the proper execution of
work whether original, altered or substituted and whether included in the specification or other
documents of Tender forming part of the contract or referred to in these conditions or not or which
may be necessary for the purpose of satisfying the conditions or as directed by IRWO or its
representative at the site the work.
1.3
The Developer shall also provide all necessary fencing and lights required to protect the public from
accident and shall be bound to bear expenses of defence of every suit, actions or other proceedings
at law that may be brought by any person for injury sustained owing to the neglect of the above
precautions and to pay any damages and costs which may be awarded in such suits, actions or
proceedings to any such person or which may, with the consent of the Developer, be paid to
compromise any claim by any such person. In no case, IRWO shall be a party to any such
claim/claims.
1.4
Sufficiency of Tender
The Developer shall be deemed to have satisfied himself before tendering as to the corrections and
sufficiency of his tender for the work and of his prices stated in the schedule which shall except in so
far as it is otherwise provided in the contract, cover all his obligations under the contract and all
matters and things necessary for the proper completion and maintenance of the work.
1.5
Law Governing the Contract

The Developer shall be governed by the Law for the time being in force in India. The Developer when
called upon to do so shall enter into and execute the contract agreement with the IRWO.
1.6
Compliance to Regulations and By-Laws

The Developer shall conform to the provision of any statutes relating to the works and regulations
and by-laws of any local authority and of any water and lighting companies or undertakings with
whose system the work is proposed to be connected. The Developer shall be bound to give all notice
required by statutes, regulations or by-laws as aforesaid and to pay all fees and taxes payable to any
Authority in respect thereof.
Page 58 of 83

1.7
Communication to be in Writing
All notices, communications, references and complaints made by the IRWO or IRWOs
representative to the Developer concerning the works shall be in writing and no notice,
communications, reference or complaint not in writing shall be recognized.
1.8
Service of Notices on the Developer

The IRWO and the Developer agree that all notices all complaints, notices, communications and/or
references hereunder must be in writing, sent by personal delivery or registered mail or courier
unless otherwise specified and must be sent to the respective addresses provided or such other
address as may be communicated on for the purpose. The Developer shall furnish to IRWO the
name, designation and address of his authorised agents.
1.9
Constitution of Firm
The Tenderer (s) who is / are constituents of the firm, company, association or society must forward
attested copies of the constitution of their concern, partnership deed and power of attorney with
their Tender. Tender documents in such cases are to be signed by such person, as may be legally
competent to sign them on behalf of the firm, company, association or society as the case may be.
The IRWO will not be bound by any power of attorney granted by the Tenderer(s) or by changes in
the composition of the firm made after the execution of the contract. The IRWO may, however,
recognize such power of attorney and change after obtaining proper legal-advice cost of which will
be chargeable to the Developer.
For the avoidance of doubt it is hereby clarified that in the event of a Sole Tenderer being a sole
proprietary concern and the proprietor expires after the submission of this tender or after the
acceptance of this tender, the tender contract shall be deemed to be cancelled,. In the event the
Sole Tenderer is a partnership firm, if a partner of firm expires after the submission of their tender,
the tender contract shall be deemed to be cancelled unless the firm retains its character.
If the Developers firm is dissolved on account of death, retirement of any partners or for any reason
whatsoever, before fully completing the work or any part of it, undertaken by the principle
Agreement, the surviving partners shall remain jointly/severely and personally liable to complete the
whole work to the satisfaction of the IRWO due to such dissolution. The cancellation of any
documents such as power of attorney, partnership deed, etc, shall forthwith be communicated to
IRWO in writing, failing which the IRWO shall have no responsibility or liability for any action taken
on the strength of the said documents.
10
Relics
All gold, silver, oil and other minerals of any description and all precious stones, coins, treasure,
relics antiquities and other similar things which shall be found in or upon the site after transfer of
the land shall be the property of the IRWO and the Developer shall duly preserve the same to the
Page 59 of 83

satisfaction of the IRWO and shall from time to time deliver the same to such person or persons as
the IRWO may appoint to receive the same.
1.11
Excavated Materials
The Developer shall not sell or otherwise dispose of or remove except for the purpose of this
contract, the said stone, clay, ballast, earth, rock or other substances or materials which may be
obtained from any excavation made for the purpose of the works or any building or produce upon
the site at the time of delivery of the possession thereof but all such substances, materials, buildings
and produce shall be the property of the IRWO provided that the Developer may with the
permission of the IRWO, use the same for the purpose of the works either free of cost or pay the
cost of the same at such rates as may be determined by IRWO.
1.12
Indemnity by the Developer

The Developer shall indemnify and hold harmless the IRWO from and against all actions, suits,
proceedings, losses, costs, damages, charges, claims and demands of every nature and description
brought or recovered against the IRWO by reason of any act or omission of the contract, his agents
or employees, in the execution of the works or in the guarding of the same. All sums payable by way
of compensation under any of these conditions shall be considered as reasonable compensation
without reference to the actual loss or damage sustained and whether or not any damage shall have
been sustained.
1.13
Illegal Gratification
Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the
Developer or his partner, agent or servant or any one of his or on their behalf to any officer, or
employee of the IRWO or to any person on his or their behalf in relation to the obtaining or the
execution of this or any other contract with the IRWO shall, in addition to any criminal liability which
he may incur, subject to the Developer to the rescission of the contract and all other contracts with
IRWO and to the payment of any loss or damage resulting from such rescission, IRWO shall be
entitled to deduct the amount so payable from any money due to the Developer under the contract
or any other contracts with the IRWO.
The Developer shall not lend or borrow from or have or enter into any monetary dealings or
transactions either directly or indirectly with any employee of the IRWO and if shall do so, the IRWO
shall be entitled forthwith to rescind the contract and all other contracts, with the IRWO.
Any question or disputes as to the commission of any offence or compensation payable to the IRWO
under this clause shall be settled by the Managing Director of the IRWO in such manner as he shall
consider fit and sufficient and his decision shall be final and conclusive.
1.14
Time is of essence of Contract

The time allowed for execution of works or part of works as specified in the contract documents in
accordance with these conditions shall be essence of the contract. Subject to any requirement in the
contract as to completion of any portion or portions of work before completion of the whole of the
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work, the Developer shall fully and finally complete all the work comprised in the contract (with
modifications as may be directed under conditions of this contract) by the date entered in the
contract.
1.15
Accepted Programme of Work

As soon as the work is awarded, but not later than 30 days after the date of issue of acceptance by
IRWO of the offer of the Tenderer, the Developer shall submit a detailed programme of work in the
Tender Form of CPM, PERT net work, Bar chart indicating the time schedule for commencement and
completion of various items of work and complete the same by the stipulated dates of completion.
The programme of work amended as necessary after discussions with IRWO shall be treated as
agreed programme for the purpose of this contract and the Developer shall endeavour to fulfill this
programme of work. Nothing stated herein shall preclude the Developer in achieving earlier
completion of the individual items or whole of the work than indicated in the programme.
1.16
Force Majeure Clause

i)
If at any time during the continuance of this contract, the performance in whole or in part by
either party of any obligation under this contract shall be prevented or delayed by reasons
of any war, hostility, acts of Public enemy, Civil commotion, sabotage, serious losses or
damage by fire, explosion, epidemic, strike, lock-out or acts of God (hereinafter referred to
as Event), in such an Event, the affected party shall provid notice of the occurance of any
such Event within 10 days of occurrence thereof. Neither party shall by reasons of such
events be entitled to terminate this contract, nor shall either party have any claim for
damages against the other in respect of such non performance or delay in performance, and
works under the contract shall be resumed as soon as practicable after such event has come
to an end or ceased to exist and decision of IRWO as to whether the works have been so
resumed or not shall be final and conclusive; provided further that if the performance in
whole or in part of any obligation under this contract is prevented or delayed by reasons of
any such event for a period exceeding 90 days, either party may at its option terminate the
contract by giving notice to other party.
ii)
In case of such event for which the Developer has given timely written notice thereof to the
IRWO, IRWO shall make a fair and reasonable extension of time for completion of the
contract works. The Developer shall nevertheless constantly endeavour to prevent delays
and shall do all act that may be reasonably required to the satisfaction of IRWO.
iii)
The Developers right to an extension of time limit for completion of the work in the above
mentioned cases is subject to the following procedures.
a)
That within 10 days after the occurrence of case of Force Majeure but before the
expiry of the stipulated date of completion, he informs IRWO in writing that he
considers himself entitled to an extension of the time limit.
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b)
That, he produces evidence of the date of occurrence and the duration of the Force
Majeure in an adequate manner by means of documents drawn up by reasonable
authorities.
c)
That, he proves that the said conditions have actually interfered with the carrying
out of the contract.
d)
That, he proves that the delay incurred is not due to his own action or lack of action.
In the cases mentioned above for delays in completion of works, such failures or delays shall in no
way affect or vitiate the contract or alter the character thereof or entitle the Developer to damage
or compensation thereof but the Developer shall apply for extension of time at least 45 days before
the completion of the contract period and IRWO shall grant such extension or extension of the
completion dates as shall appear to IRWO reasonable in the circumstances and IRWOs decision in
the matter will be final and binding on the Developer.
1.17
Slippage in Accepted Programme of Work

Any slippage in the accepted programme of work, decided as per clause 1.15 above, except on
account of a Force Majeure item (clause 1.16), would entitle IRWO to terminate the contract and
carry out the remaining work at the risk and cost of the Developer, after due notice. In addition,
delay in handing over the possession of the dwelling units would mean payment of compensation by
Developer, as per Clause 12.2 of Section D of this Tender document.
2.
EXECUTION OF WORKS
2.1
Developers Understanding
It is understood and agreed that the Developer has after careful examination, satisfied himself as to
the nature and location of the work, the configuration of ground, the character, quality of the
materials to be encountered, the character, quality of the materials to be needed preliminary to and
during the execution of the works, the general and local condition, the labour condition prevailing
therein and all other matters which can in any way affect the works under the contract.
2.2
Commencement and Execution of Works

The Developer shall commence the work within 15 days after the issue of acceptance of his offer in
writing from IRWO and shall proceed with and complete the same with due expedition and without
delay to the satisfaction of IRWO.
2.3
Programme of Work and Compliance to IRWOs Instructions

The Developer shall on receipt of the letter of acceptance or as soon as possible thereafter, but not
later than 30 days from the date of issue of letter of acceptance submit to IRWO for their approval,
CPM, PERT and BAR charts. The programme shall be prepared in such a manner that it shall have
adequate float for the unforeseen items and additional works, if any, and also programme showing
the order and procedure in which he proposes to carry out the work. The Developer shall, whenever
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required by IRWO, also provide, in writing for their information general description of the
arrangement and methods, which the Developer proposes to adopt for the execution of the work. If
at anytime it should appear to the IRWO that the actual progress of the work does not conform to
the approved programme referred to above, the Developer shall produce at the request of IRWO, a
revised programme showing the modification to the approved programme necessary to ensure
timely completion of the contract. The submission to and approval by IRWO of such programme or
the furnishing of such particulars shall not relieve the Developer of any of his duties or
responsibilities or obligations under the contract. IRWO or their representatives shall have full
powers and authorities during progress of the work to issue such instructions as may be necessary
for the proper execution of the work. The Developer shall carry out and be bound by the same.
2.4
Instructions of IRWOs Representative

Any instruction or approval given by the IRWOs representatives to the Developer in connection with
the works shall bind the Developer as though it had been given by the IRWO provided as follows:
2.5
a)
Failure of the IRWOs Representatives to disapprove any work or materials shall not
prejudice the power of the IRWO thereafter to disapprove such work or materials and to
order the removal or breaking up thereof.
b)
If the Developer shall be dissatisfied by reason of any decision of the IRWOs representative,
he shall be entitled to refer the matter to the IRWO who shall there upon confirm or vary
such decision.
Responsibility for Structural Adequacy

The Developer shall comply with the provisions of the contract with due care and diligence, execute
and maintain the work and provide all labour, including supervision of all works, structural plans and
other things whether 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 Developer shall be fully responsible for the adequacy, suitability and safety at site
of all the works and methods of the construction adopted.
2.6
Site Accommodation for IRWOs staff

The Developer shall provide, erect, maintain, as directed, simple office accommodation which shall
be welllit with electrical fixtures and ceiling fans, ventilated and properly furnished alongwith two
working toilets and a pantry. The accommodation shall be demolished when the project is
completed. The accommodation so provided shall also include 3 rooms for IRWO's Engineer &
representative. One room having a 3'x8' executive table with 5' long side rack, executive revolving
and swinging high back, fully upholstered chair, a 3'x7' Godrej steel almirah and six upholstered
visitors chairs. Each of the two rooms shall have one 2'x5' office tables with side rack, one office
chair and two visitors chairs, a 7' high steel almirah. All rooms shall be provided with desert coolers
including running & maintenance cost. A telephone connection for use by IRWO engineers and
representatives shall be maintained by the Developer during the currency of the contract including
defect liability period. The rooms should also be provided with computers and internet connection.
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The electricity charges for running the office will also be borne by the Developer. Non compliance of
this clause will entitle IRWO to levy a penalty of Rs. 10,000 per month.
2.7
Safety Provisions
The Developer shall at his own expense, arrange for the safety provisions as required under various
statutory laws imposed in respect of labour directly or indirectly employed for the performance of
the work and shall provide all facilities in connection therewith. Precautions in the safety clause are
the minimum necessary and shall not relieve the Developer from taking additional safety
precautions as may be required for particular type of the work. Also mere observance of these
precautions shall not absolve the Developer of his liabilities in case of loss or damage to the property
or injury or death of any person including Developers labour, IRWOs representatives or any
member of the public. This clause shall be governed by the Indian Labour Laws including but not
limited to Uttar Pradesh Labour Welfare Fund Act 1965, Contract Labour Act 1970, Minimum Wages
Act 1948, Maternity Benefit Act 1961, etc.
2.8
Adherence to specifications and drawings

The whole of the work shall be executed in perfect conformity with the specifications and drawings
of the contract, which will be approved by IRWO. If the Developer performs any work in a manner
contrary to the specifications or drawings or any of them and without such reference to the IRWO,
he shall bear all the costs arising or ensuing there from and shall be responsible for all losses to the
IRWO. In case of any work for which there are no specifications in the contract, such work shall be
carried out in accordance with the directions provided in writing of the IRWO or its authorized
representative.
2.9
Drawings and specifications of the works

The Developer shall keep one copy of drawings and specifications including CPWD & relevant BIS
specifications at the site in good order, and such other contract documents as may be necessary and
make available to the IRWO and the IRWOs representatives, whenever deemed necessary.
2.10
Meaning and intent of specifications & drawings

If any ambiguity arises as to the meaning and intent of any portion of the specifications and
drawings or as to execution or quality of any work or material, the decision of the IRWO thereon
shall be final subject to appeal (within seven days of such decision being intimated to the Developer)
to the Director Technical of IRWO, who shall have the power to correct any errors, omissions, or
discrepancies in the specifications, drawings, classification of work or materials, and whose decision
in the matter, in dispute or doubt, shall be final and conclusive.
2.11
Workmanship and Testing

a)
The whole of the works and/or supply of materials specified and provided in the contract or
that may be necessary to be done in order to form and complete any part thereof shall be
executed in the best and most substantial workman like manner with materials of the best
and approved quality of their respective kinds, agreeable to the particulars contained in or
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implied by the specifications and as referred to in and represented by the drawings or in
such other additional particulars, instructions and drawings as may be found requisite to be
given during the carrying on the works and to the entire satisfaction of the IRWO according
to the instructions and directions which the Developer may from time to time receive . The
Developer shall, at his own cost and expense, supply to the IRWO samples of materials
proposed to be used in the works. The samples must be provided at least six weeks before
they are to be incorporated in works. The IRWO shall within seven days of supply of samples
or within such further period as he may require, inform the Developer whether the said
samples are approved by him or not. If samples are not approved, the Developer shall
forthwith arrange to supply the IRWO for its approval, a fresh sample complying with the
specification laid down in the contract. No materials shall be brought by the Developer to
the site unless samples of the same are approved by the IRWO. The materials maybe
subjected to tests by means of such machines, instruments, institutions laboratory and
appliances as the IRWO may direct and entirely at the expenses of the Developer. The
decision of the IRWO shall be final in this respect.
b)
The Developer shall arrange to keep at site all relevant Indian Standards and C.P.W.D.
Specifications with latest amendments and ensure its availability to IRWO at all times. A
copy of the National Building code shall also be kept of site by the Developer.
c)
The materials brought to site by the Developer and before they are allowed to be used in
the work, the same shall be inspected by the IRWO to ensure that these conform to the
required specification and record a certificate to that effect in the register to be maintained
for this purpose.
d)
The Developer shall take supplies of materials of approved brands directly from the
manufacturer or from their authorised agent only. In the event of duplicate material found to
have been used in the work, it will have to be replaced by the Developer at his own cost and
no payment will be made for such items for removal/replacement of the duplicate
material(s).
e)
Testing Laboratory
The Developer during the course of execution of the work shall at his own expense provide a
testing laboratory for conducting necessary tests for materials to be used in the works such
as bricks, sand, aggregate, compressive strength of concrete cubes, batching of concrete,
etc. The Laboratory should be equipped with all such instruments as required such as Cube
Testing Machine, Sieves, Weighing Scales, Graduated cylinders, Slump Test Cone, Veneer
Caliper, Micrometers, Cable Gauge, Multimeter, Earth Testing, Maggar, Bubble Levels,
Theodolite, Dumpy Level, Oven, Moisture Metre, Rebound Hammer, Gauge, Screw gauge,
adequate number of cube moulds for testing cube of concrete and cement, plumb nylon
thread, steel tapes, torch etc. Non maintenance of fully equipped laboratory will attract a
penalty of Rs. 500/- per day. If any tests are required by the IRWO to be carried out by any
other approved laboratory, all the costs for such tests shall be borne by the Developer.
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f)
Workmanship
The Developer shall engage specialist firms for the execution of the following works:
Electrical sub-Developer(s) (holding registration with Government Departments)
Plumbing, sanitary, sewerage and water supply sub-Developer(s) (holding registration with
Government Departments)
Waterproofing works (manufacturer's authorised applicator)
Anti-termite works (manufacturer authorised applicator)
2.12
2.13
Facilities for Inspection and Access to Site of Work

a)
The Developer shall afford IRWO's representative every facility for entering in and upon
every portion of the work at all hours for the purpose and IRWO's representatives shall at all
times have free access to every part of the works and to all places/workshops/factories at
which materials for the works are stored or being obtained/manufactured.
b)
If required by the approving Municipal Authority or any other authority, the Developer shall
attend their inspector and comply with the direction and requirement and obtain whatever
approval and sanctions are necessitated on different stages of execution and completion of
work.
Precautions during progress of Works

During the execution of works, unless otherwise specified the Developer shall at his own cost
provide materials for and execute all shoring, timbering, shuttering and scaffolding and structuring
work as are necessary for the stability and safety of all structures, excavations and works and shall
ensure that no damage, injury or loss is caused or likely to be caused to any person or property.
2.14
Rates for Items of Works

a)
The rates entered in the accepted schedule of rates of the contract are on the basis of rate
per sq.m. of Plinth Area. These are intended to provide for works duly and properly
completed in accordance with the General and Special conditions of contract and the
specification and drawings together with such enlargements, extensions, diminution's,
reductions, alterations, or additions as may be ordered without prejudice to the generality
thereof and shall be deemed to include and cover superintendence and labour. Supply,
including full freight of material, stores, patterns, profiles, moulds, fittings, centering,
scaffoldings, shoring, props, timber, machinery, derricks, tackle, ropes, pegs, posts, tools,
etc. and all apparatus and plant required on the works, the erections, maintenance and
removal of all temporary works and buildings, all watching, lighting, bailing/pumping and
draining of water, all prevention of or compensation for trespass, all barriers and
arrangements for the safety of the public or of employees during the execution of works, all
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sanitary and medical arrangements for labour camps as may be prescribed, the setting of all
work and of the construction, repair and upkeep of all center lines, bench marks and level
pegs thereon, site clearance, all fees, duties, royalties, rent and compensation to owners for
surface damage or taxes and impositions payable to local authorities in respect of land,
structures and all materials supplied for the works, or other duties or expenses for which the
Developer may become liable or may be put to under any provision of law for the purpose
of or in connection with the execution of the contract, and all such other incidental charges
or contingencies as may have been specially provided for in the specifications.
b)
c)
2.15
The quoted rates for all items of works in the schedule shall also include the following unless
otherwise specified:
i)
Working in/under water, liquid mud, foul conditions, etc. and shall also include
bailing or pumping out of water from the excavations/foundations or any other
place of construction site and the excavated area/works executed below ground
level shall be kept free from such water, till the completion of work, including all
suspension period and days whatsoever.
ii)
Execution of works at all heights, levels and depths in all shapes, sizes and sections
and in congested area including all lead and lifts etc.
iii)
Scattered works, including additions/alterations required at a later stage, leaving

openings, toothings, holes, curing, scaffolding, finishing of edges of switch boxes,
junction boxes and other similar works, as required and directed by the IRWO.
iv)
All duties and taxes including Works Tax, Sales Tax, Turnover Tax, Excise duties, VAT,
Octroi and other levies notified by Central and / or State Govt., Local Bodies and
Other Authorities and applicable on date of submission of tender.
The Developer for carrying out any construction work in Uttar Pradesh must get themselves
registered from the Registering Officer under Section-7 of the Building and Other
Construction Workers Act, 1996 and rules made thereto by the Uttar Pradesh Government
and submit Certificate of Registration issued from the Registering Officer of the Uttar
Pradesh Government (Labour Department). In terms of the Act, the Developer shall be
required to pay cess @ 1% of cost of construction work to be deducted from each bill. Cost
of material shall be outside the purview of cess, when supplied under a separate schedule
item.
GUARANTEES
2.15.1 Quality of work

The Developer shall guarantee that the materials and workmanship are the best of their respective
kinds for the service intended and that all items of work will be free from all inherent defects in
workmanship and materials. He shall also guarantee that the work will not fail in any respect due to
quality of material, workmanship and methods of construction. The specifications assume a proper
degree of skill on the part of Developer and workmen employed. The Developer shall consult the
IRWO, whenever in his judgment variation in the methods of construction or in the quality of the
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materials would be beneficial, if necessary, to fulfill the guarantees called for. Such variations may
be made by the Developer only when authorized by the IRWO in writing.
2.15.2 Rejection
During the period of maintenance any work or material shall fail in any respect to meet the above
guarantee, the Developer shall replace such work or material in a condition, which will meet the
above guarantee, immediately.
2.15.3 Cost of Execution of work or repair etc
All work or repair shall be carried out by the Developer at his own expense if the necessity thereof
shall in the opinion of the IRWO be due to the use of materials or workmanship not in accordance
with the contract or on account of neglect or failure on the part of the Developer to comply with any
obligation expressed or implied on the Developers part under the contract. If in the opinion of the
IRWO such necessity shall be due to any other cause, the value of such work shall be ascertained
and paid for as if it were additional work.
2.15.4 Remedy on Developers failure to carry out works required

If the Developer fails to do any such work, or repair, as aforesaid required by the IRWO, the IRWO
shall be entitled to carry out such works or repair at the Developers cost. The IRWO shall be entitled
to recover from the Developer the cost thereof or may deduct the same from any money due or that
may become due to the Developer.
2.16.
Insurance for works and damages to persons and property:
2.16.1. Insurance for works:

The Developer at the time of signing the contract or before commencing the execution of the work,
without limiting his obligations and responsibilities shall insure the works at his own cost and keep
them insured not only until the virtual completion of the contract but up to satisfactory completion
of the defect liability period including extended defect liability period, if any, against all acts of God
including Fire, Theft, Riots, War, Floods, etc. with Nationalised Insurance Agency in the joint names
of the IRWO and Developer (the name of the Tender Former being placed first in the policy) for the
full amount of the contract and inclusive of the full market value of the materials to be supplied free
of cost by the IRWO. Such policy shall cover the risks linked to the property of the IRWO, fees for
assessing the claim and in connection with Developers services generally therein. This policy,
however, shall not cover any property of the Developer or of any sub-Developer or their employees.
2.16.2. Insurance in respect of damages to persons and property :
The Developer shall be responsible for all injury to persons, animals or things and for all structural
and decorative damage to property which may arise from the operation or neglect of himself or of
any approved sub-Developers or Employees, whether such injury or damage arise from
carelessness, accident or any other cause whatsoever in any way connected with the carrying out of
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this contract. The clause should be held to include any damage to buildings, whether immediately
adjacent or otherwise, and any damage to roads, streets, footpaths, bridges, sewerage, water supply
& other services and works Tender Forming the subject of this contract by frost or other inclemency
of the weather. The Developer shall indemnify the IRWO and hold him harmless in respect of all and
any expenses arising from any such injury or damage to persons or property as aforesaid and also in
respect of any claims made in respect of injury or damage under any Acts of Government or
otherwise and also in respect of any award of compensation of damages consequent upon such
claims.
The Developer shall reinstate all damages of every sort mentioned in this clause, so as to deliver up
the whole of the contract works complete and perfect in every respect and so as to make good or
otherwise satisfy all claims for damage to the property of third parties.
The Developer shall indemnify the IRWO against all claims which may be made against the IRWO by
any member of the public or other third party in respect of works in consequence thereof and shall
at his own expense arrange to effect and maintain, not only until the virtual completion of the
contract, but up to satisfactory completion of the defect liability period including extended defect
liability period, if any, with any Nationalised Insurance Agency in the joint names of the IRWO and
the Developer against such risks and deposit such policy or policies with the IRWO from time to time
during the currency of this contract. The Developer shall similarly indemnify the IRWO against all
claims which may be made upon the IRWO whether under the Workmens Compensation Act or any
other statute in force during the currency of this contract or at common law in respect of any
employee of the Developer or any sub- Developer and shall at his own expense effect and maintain
with an approved office a policy of insurance in the joint names of the IRWO and the Developer.
(The name of the IRWO appearing being place first in the policy) against such risks and deposit such
policy or policies with the IRWO from time to time during the currency of the contract. The
Developer shall be responsible for anything which may be excluded from the Insurance Policies
above referred to and also for all other damages to any property arising out of and incidental to the
negligent or defective carrying out of this contract. The Developer shall also indemnify the IRWO in
respect of any cost charges or expenses arising out of any claim or proceedings and also in respect of
any award of/or compensation of damages arising there from.
If the Developer fails to comply with the terms of these conditions, the IRWO may insure the works
and may deduct the amount of the premiums paid from any moneys that may be payable or become
payable to the Developer or may as an option, not release running payment to the Developer until
the Developer shall have complied with the terms of this condition.
Such insurance, whether effected by the IRWO or the Developer will not limit or bar the liability and
obligation of the Developer to deliver the works to the IRWO complete in all respects according to
the contract. In case of loss or damage due to any of the aforesaid causes, the moneys payable
under any such insurance shall be then received and retained by the IRWO until the works are finally
completed and satisfactorily maintained during the defect liability period including extended defect
liability period, if any, and such moneys shall then be credited to the Developer in final settlement of
accounts.
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The IRWO shall be at liberty and is empowered to deduct the amount of any damage, compensation
cost, charges and expenses arising or accruing from or in respect of any such claim or damage from
any sum or sums due to or become due to the Developer including the security deposit.
The Developer shall as soon as any claim under the policy is settled or the work reinstated by the
insurance office should elect to do so, proceed with all de diligence with the completion of the
works in the same manner as though misfortune/accident has not occurred and in all respects under
the same conditions of contract. The Developer in case of rebuilding or reinstatement after the
accident, shall be entitled to such extension of time from the IRWO as deemed fit.
The Developer shall deposit the original policy/policies and original receipts for the premium with
the IRWO within 21 (twenty one) days from the date of signing the contract/commencement of
execution of works or unless otherwise instructed by the IRWO.
The value of the insurance policy shall be of the contract value, excluding cost of land. However,
towards obtaining the policy, the Developer shall have the following options.
To obtain the policy for the full value of the work (excluding cost of land) stipulated in the contract
at first instance.
To obtain the policies in the following manner (excluding cost of land):
Policy worth 25% of the contract value before start of construction.
Policy worth 50% (cumulative) prior to completion of 25% of value of work done.
Policy worth 75% (cumulative) prior to completion of 75% of value of work done
Policy worth 100% (cumulative) prior to completing of 75% of value of work done which shall be
valid up to expiry of defect liability period.
3.
CERTIFICATES AND PAYMENT
3.1
Stage-wise Payments
The Developer shall be entitled to be paid from time to time by way of Stage-wise Payments block
wise on pro-rata basis only for such works as in the opinion of the IRWO he has executed at site
subject to any deduction, which may be made from the same, as per the details indicated in Clause
15 of Section D of this Tender Document.
In Stage-I, an advance payment will be made to the Developer on signing of the Agreement, subject
to his furnishing an unconditional and irrevocable Bank Guarantee, as specified in Clause 15.3 (1) of
Section D.
In Stage-II, Developer will be paid for the land transferred to IRWO, as per details mentioned in
clause 15.3 (2) of Section D. Stage-III payments will be made as indicated in clause 15.3(3).
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Payments in Stage-IV will be made, as per details indicated in Clause 15.4 of Section D, on the basis
of bills which shall be submitted by the Developer in the prescribed Performa approved by IRWO. No
Bill submitted incomplete or not in the prescribed manner will be entertained.
The bill shall be submitted by the Developer complete in all respects to the representative of IRWO
at the site office. After certification by IRWOs representative, the same will be normally paid within
15 days of submission. The Developer shall, however, not be entitled for any interest or any other
compensation due to delayed payment.
Normally, on account payment for the work done by the Developer shall be made once a month,
provided that the gross value of the work done is not less than Rs. 3.7 crores.
3.2
Final Payment
Stage-V payment would be made on completion of requirements as indicated in Clause 15.3 (5) of
Section D and subject to the yardsticks mentioned in Clause 15.5 and on submission of bill duly
certified by IRWOs representative at site.
The Stage-VI payment will be made on the basis of final certificate to be issued in writing by the
IRWO at the expiration of the period referred to as the Defects Liability Period from the date of
virtual completion or as soon as after the expiration of such period as the works shall have been
finally completed and all defects made good according to the true intent and meaning hereof
whichever shall last happen, provided always that the issue by the IRWO of any certificate during the
progress of the work and after the completion shall not relieve the Developer from his liability in
cases of fraud, dishonesty, or fraudulent concealment relating to the works or materials or to any
matter dealt within the certificate in case of all defects and insufficiencies in the works or materials
which reasonable examination could not have disclosed.
The net amount payable to the Developer against the Stage-V bill, as worked out after technical
check by IRWO shall be released after the Developer has rendered No Claim Certificate (except for
the claim payable after the Defects Liability Period).
In case of termination/ rescinding of the contract, the Developer shall advise IRWO regarding the
extent of work done within seven days from the date of termination/ rescinding for joint verification
with the IRWOs representative, failing which the IRWOs representative will inspect the work after
giving due notice to the Developer of the date and time of the verification and in case the Developer
still fails to associate with the verification, then the certificate of verification so recorded by IRWOs
representative shall be final and binding on the Developer.
3.3
Delayed payments
All payments as due to the Developer in pursuance of any certificate given by the IRWO shall be
made promptly unless some bill has been held up under objection in writing pending clarification or
reply from the Developer. All objections shall be resolved to the satisfaction of the IRWO if
necessary by holding meetings and discussions, minutes whereof shall be recorded. No interest,
however, shall be claimed or payable for such delayed payments.
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3.4
Maintenance of Work
3.4.1
The Developer shall at all times during the progress and continuance of the works and also for the
period of maintenance (Defects Liability Period) specified in the Tender Form and after the date of
issue of the certificate of completion by the IRWO or any other earlier date subsequent to the
completion of the works that may be fixed by the IRWO be responsible for and effectually maintain
and uphold in good substantial, sound and perfect condition all and every part of the works and shall
make good from time to time at all times as often as the IRWO shall require, any damage or defect
that may during the above period arise in or be discovered or be in any way connected with the
works, provided that such damage or defect is not directly caused by act of providence or
insurrection or civil riot and the Developer shall be liable for and shall pay and make good to the
IRWO whenever required by the IRWO to do so, all losses, damages, costs and expenses they or any
of them may incur or be put to or be liable to by reason or in consequence of the operations of the
Developer or of his failure in any respect.
3.4.2
Handing Over Services and Site Development Works

The Developer shall hand over the site development works, i.e. sewerage, drainage, water supply
etc. to the concerned authorities in good substantial, sound and perfect conditions, as acceptable to
the concerned authorities at his own cost, including liaison with and arranging inspection by,
concerned local authorities.
3.5
Period of Maintenance for Complete Work

(Defects Liability Period)
The period of maintenance for the works shall be twelve months starting from the date of
completion of the work or as certified by the IRWO. However, for specialized works like water
proofing treatment and anti-termite treatments, the defects liability period shall be 10 (ten) years
from the date of completion of works as certified by the IRWO.
3.6
Contract Valid During Maintenance Period

The contract shall remain valid and in force until the expiry of maintenance period. (Defects Liability
Period)
3.7
Certificate of Completion of Works
3.7.1. As soon as the work is completed, the Developer shall give notice of such completion whether the
whole of the work or any part of the work for which a separate date of completion is stipulated in
the contract, to the IRWO. Within thirty days of receipt of such notice IRWO shall inspect the work
and shall arrange for carrying out of such tests that may be prescribed under the contract. If the
IRWO notices any incomplete items of works or any defects which are to be rectified by the
Developer or if any part of the works fails to pass the specified tests, IRWO shall furnish to the
Developer list of all such incomplete works, deficiencies, defects, failure to pass test etc. and may
refuse issue of certificate of completion to the Developer, provided however, that such certificate
shall not be refused only on the grounds of any defects in the work required to be carried out in
Page 72 of 83

respect of contracts/items wherein a specific defect liability period is provided for . If in the opinion
of IRWO the work shall have been satisfactorily completed, its final test or tests that may be
prescribed, the IRWO shall issue a certificate of completion indicating the date of completion.
3.7.2. Defect liability period, if any, shall commence from the date of such certificate. In case separate
periods of completion have been specified for items or groups, the IRWO shall issue separate
Completion Certificate for such items or groups of items. No certificate of completion shall be issued
nor shall work be considered to be complete till the Developer shall have removed from the
premises on which the work has been executed all scaffoldings, sheds and surplus materials except
such as are required for rectification of defects, rubbish and all huts and sanitary arrangements
required for his workmen at the site in connection with the execution of the work as shall have been
erected by the Developer or the workmen and cleaned all dirt from the parts of buildings in, upon or
about which the work has been executed or of which he may have cleaned floors, gutters and
drains, cased doors and sashes, oiled locks and fastenings labeled keys clearly, hand them over to
the IRWO or his representatives and made the whole premises fit for immediate occupation for use
to the satisfaction of the IRWO. If the Developer shall fail to comply with any of the requirements of
these conditions as aforesaid, on or before the date of completion of the works, the IRWO may at
the expense of the Developer fulfill such requirements and dispose of the scaffoldings, surplus
materials and rubbish etc, as he thinks fit and the Developer shall have no claim in respect of any
such scaffoldings or surplus materials except for any sum actually realized by the sale thereof less
the cost of fulfilling the requirements and any other amount that may be due from the Developer. If
the expenses of fulfilling such requirements are more than the amount realized on such disposal as
aforesaid, the Developer shall forthwith on demand pay such excess.
3.7.3. If at any time before completion of the entire work, items or group of items for which separate
periods of completion have been specified have been completed, the IRWO shall take possession of
any part or parts of the same (any such part (s) being hereinafter in the condition referred to as the
relevant part) then not-withstanding anything expressed or implied elsewhere in this contract.
3.7.4. Within thirty days of the date of completion of such items or groups of items or of possession of the
relevant part, the IRWO / IRWO shall issue Completion Certificate for the relevant part as in
condition above provided the Developer fulfills his obligations under that condition for the relevant
part.
3.7.5. The defect liability period in respect of such items and the relevant part shall be deemed to have
commenced from the certified date of completion of such items or the relevant part as the case may
be.
3.7.6. The Developer may reduce the value insured by the full value of the completed items or relevant
part as estimated by the IRWO for this purpose. This estimate shall be applicable for this purpose
only and for no other purpose.
3.7.7. On completion of the work, the individual dwelling units shall be handed over by the Developer to
the respective allottees individually in presence of I.R.W.Os authorized representative within the
defect liability period. However, if the particular allottee does not turn up for taking possession of
the dwelling unit or the allotment of the said dwelling unit has not been issued by I.R.W.O. during
Page 73 of 83

the defect liability period, the possession of the same shall be handed over by the Developer to
I.R.W.Os authorized representative.
3.8
Developer Not Absolved By Completion Certificate

The Certificate of Completion in respect of the works referred to in clause 3.7 shall not absolve the
Developer from his liability to make good any defects, imperfections shrinkage or faults which may
appear during the period of maintenance specified in the tender arising in the opinion of the IRWO
from materials or workmanship not in accordance with the Drawings or specifications or instructions
of the IRWO which defects, imperfections, shrinkage or faults shall upon the directions in writing of
the IRWO be amended and made good by the Developer at his own cost and in case of default on
the part of the Developer, the IRWO may employ labour and material or appoint another Developer
to amend and make good such defects, imperfections, shrinkage and faults and all expenses
consequent thereon and incidental thereto shall be borne by the Developer and shall be recoverable
from any amount due to him under the contract.
Any defect shrinkage, settlement or other faults which may appear within the Defects Liability
Period, or within twelve months after the virtual completion of the works arising in the opinion of
the IRWO from materials, or workmanship not in accordance with the contract shall upon the
directions in writing of the IRWO and within such reasonable time as shall be specified therein, be
amended and made good by the Developer, at his own cost and unless the IRWO in consultation
with their IRWO shall decide that he ought to be paid for such amending and making good, and in
case of default the IRWO may employ and pay other persons to amend and make good such
damage, loss and all expenses shall be recoverable from him by the IRWO upon the IRWOs
Certificate in writing from any moneys due or that any become due to the Developer, or the IRWO in
lieu of such amending and making good by the Developers deduct from any money due to the
Developer a sum to the determined by the IRWO equivalent to the cost of amending such work and
in the event of the amount retained being insufficient, recover the balance from the Developer
together with any expenses the IRWO may have incurred in connection therewith. Should any
defective work have been done or material supplied by any sub-Developer employed on the works,
the Developer shall be liable to make good in the same manner as if such work or material had been
done or supplied by the Developer. The defect liability period would automatically extend till the
defects pointed out during defect liability period are made good to the satisfaction of IRWO. The
Developer shall remain liable under the provision of this clause not-withstanding the signing by the
IRWO of any certificate or the passing of any accounts.
3.9
Approval only by Maintenance Certificate

No certificate other than the maintenance certificate referred to in clause 3.10 of these conditions
shall be deemed to constitute approval of any work or other matter in respect of which it is issued or
shall be taken part thereof or of the accuracy of any claim or demand made by the Developer or
additional or varied work having been ordered by the IRWO nor shall any other certificate conclude
or prejudice any of the powers of the IRWO.
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3.10
Cessation of IRWOs Liability

The IRWO shall not be liable to the Developer for any matter arising out of or in connection with the
contract or the execution of the works unless the Developer shall have made a claim in writing in
respect thereof before the issue of the maintenance certificate under the clause.
3.11
Unfulfilled Obligations
Notwithstanding the issue of the maintenance certificate to the Developer, the Developer shall
remain liable for the fulfillment of any obligation incurred under the provisions of the contract prior
to the issue of the maintenance certificate which remains affirmed at the time such certificate is
issued and for the purposes of determining the nature and extent of any such obligations, the
contract shall be deemed to remain in force between the parties hereto
3.12
Records to be produced by the Developer for Inspection

The Developer shall whenever required by the IRWO or his authorised representatives, produce or
cause to be produced for examination any quotation, invoice cost or other accounts, books,
vouchers, receipts, letters, memorandum or any copy of or extract from any such documents and
also furnish information as may be required relating to the execution of this contract or relevant for
verifying or ascertaining that materials supplied by the Developer are in accordance with the
specifications laid down in the contract. The IRWO's decision on the question of relevancy of any
documents or information or returns will be final and binding on the Developer.
If any part of the item of the work is allowed to be carried out by a sub-Developer or any subsidiary
or allied firm, the IRWO shall have power to scrutinize the books of such sub-Developer or any
subsidiary or allied firm through the Developer and shall have power to examine and inspect the
same.
The obligations imposed above are without prejudice to the obligations of the Developer under any
statute, rules or orders binding on the Developer.
3.13
Withholding and Lien in Respect of sums claimed

Whenever any claim or claims for payment of a sum of money arises out of or under the contract
against the Developer, the IRWO shall be entitled to withhold and also have a lien to retain such sum
or sums in whole or in part from the security, if any, deposited by the Developer, and for the
purpose aforesaid, the IRWO shall be entitled to withhold the said cash Security Deposit or the
security in any other Tender Form including Bank Guarantee and also have a lien over the same
pending finalization or adjudication of any such claims. In the event of the security being insufficient
to cover the claim amount or amounts or if any Security deposit has been taken from the Developer,
the IRWO shall have the right to withhold and have a lien to retain to the extent such claim amounts
from any sum or sums, found payable or which any time with any other office, subsidiary of the
IRWO thereafter may become payable to the Developer either alone or jointly with other under the
same contract or any other contract with the IRWO or pending finalization or adjudication of any
such claims.
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It is an agreed term of the contract the amount so withheld or retained under the lien referred to
above by the IRWO shall be kept withheld or retained by the IRWO till the IRWOs claim arising out
of or under the contract are mutually settled or 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
Developer 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 Developer.
For the purpose of this clause, where the Developer is a partnership firm or a limited company, the
IRWO 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.
3.14
Lien in respect of Claim in other Contract

Any sum or money due and payable to the Developer either alone or jointly with other including the
Security Deposit returnable to him, under the contract, may be withheld or retained by way of lien
by the IRWO against any claim of IRWO or in respect of payment of a sum of money arising out of or
under any other contract made by the Developer with the IRWO or any other office or subsidiary of
the IRWO. It is an agreed term of the contract that the sum of money so withheld or retained under
this clause by the IRWO shall be kept withheld or retained by the IRWO till the claim arising out or
any other contract is either mutually settled or determined by the Arbitrator (if the Developer is
governed by the arbitration clause) or by the competent court, as the case may be and the
Developer shall have no claim for interest or damages, whatsoever on any account or on any other
account in respect of any sum of money withheld or retained under this clause duly notified to the
Developer.
3.15
Signature of Receipts for Amounts

Every receipt of money which may become payable or for any security which may become
transferable to the Developer under this contract shall if signed in the partnership name by any of
the partners of a Developer, firm or by a person (holding power of attorney if the Developers firm is
a limited company) be a good and sufficient discharge to the IRWO in respect of money or security
purported to be acknowledged thereby. In the event of the death of any other partners during the
currency of the contract, it is hereby expressly agreed that every receipt by any one of the surviving
partner shall, so signed as a foresaid be binding. Nothing in this clause shall be deemed to prejudice
or affect any claim which the IRWO may hereinafter have against the legal representative of any of
the Developers partners so doing, for or in respect of breach of any of the conditions of the
contract, provided also that nothing in this clause extinguishes rights or the obligations of the
Developers partners and of the legal heirs/representative or any deceased Developer/Partner(s) to
the IRWO.
4.
LABOUR
4.1
Compliance with Labour Laws

Developer and its employees shall comply with all laws and statutory regulations dealing with the
employment of labour, including, but not limited to:
Page 76 of 83

The Payment of Wages Act, 1936
The Minimum Wages Act, 1948
The Workmens Compensation Act, 1923
Employers Liability Act, 1938
Industrial Disputes Act, 1947
Maternity Benefit Act 1961
Mines Act, 1952
The Employees State Insurance Act, 1948,
Employees Provident Fund Scheme.
Child labour (Prohibition & Regulation) Act-1986
The Contract Labour (Regulation and Abolishing) Act, 1970 & Contract Labour (Regulations &
Abolition) Central Rules, 1971.
Building and other construction workers welfare cess Act 1996.
Safety codes, Labour welfare Acts or Rules or any modification thereof, any other Laws &
Regulations framed by the competent Legislative Authorities from time to time.
4.2
Rest Days and Default Under Labour Laws

So far as practicable, the Developer shall observe days of rest for the labour so as to coincide with
the days of rest specified by the IRWO on having received report from the competent inspecting
officer as defined under any / all of the above Acts, shall have the power to deduct from the money
due to the Developer any sum required or estimated to be required for making good the loss
suffered by the worker/workers for the non fulfillment of the conditions of the contract for the
benefit of the workers, non payment of the wages. The Developer shall indemnify IRWO against any
payments to be paid under and for the observance of regulations aforesaid without prejudice to his
right to claim indemnity from his sub-Developers.
4.3. (i) Developer shall require its employees to obey all applicable laws, including those concerning safety
at work.
(ii) IRWO shall not be liable for any acts or omissions of the Developer and its employees in
complying with the relevant labour laws, rules and regulations.
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4.4
Engagement of Labour
4.4.1. The Developer shall employ labour in sufficient numbers either directly or through subcontractors,
where such subletting is permitted to maintain the required rate of progress and quality to ensure
workmanship of the degree specified in the contract and to the satisfaction of the IRWO. The
Developer shall not employ in connection with the works any person who has not completed his
seventeenth year of age.
4.4.2. The Developer shall indemnify the IRWO against any payment to be made under and for observance
of the Regulations aforesaid without prejudice to his right to claim indemnity from his subDevelopers.
4.5.
Completion Drawings.
The Developer shall be required to submit the following as-built drawings on non-tearable film and
soft copies in CD(s) on completion of works:
(a) Electrical works
(b) Water supply works
(c) Sewerage Works.
(d) Fire fighting works
(e)All Architechtural and Structural plans for the project..
5.
DETERMINATION OF CONTRACT
5.1
Right of IRWO to Determine Contract

The IRWO shall be entitled to determine and terminate the contract at any time should in the
IRWOs opinion, the cessation of work becomes necessary owing to paucity of funds or from any
other cause, whatsoever, in which case the value of approved materials at site and of work done to
date by the Developer will be paid for in full based on a joint assessment by IRWO and Developers
representatives. Notice in writing from the IRWO of such determination and the reason therefore
shall be conclusive evidence thereof.
5.2
Payment on Determination of Contract

Should the contract be determined under sub-clause 5.1 of this Clause, the Developer shall have no
claim to any payment of compensation or otherwise howsoever on account of any profit or
advantage which he might have derived from the execution of the work in full but which he did not
derive in consequence of determination of the contract. The IRWOs decision on the necessity and
propriety of such expenditure shall be final and conclusive.
5.3
Determination of Contract Owing To Default of Developer

If the Developer should:
i)
become bankrupt or insolvent of
Page 78 of 83
5.4
ii)
make an arrangement with or assignment in favour of his creditors, or agree to carry out the
contract under a Committee of Inspection of his creditors, or
iii)
being a company or corporation, go into liquidation (other than a voluntary liquidation) for
the purpose of amalgamation or reconstruction, or
iv)
have an execution levied on his goods or property on the works, or
v)
assign the contract or any part thereof otherwise than as provided in these conditions, or
vi)
abandon the contract, or
vii)
persistently disregard the instructions of the IRWO or contravene any provision of the
contract, or
viii)
fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period
or
ix)
fail to remove materials from the site or to pull down and replace work after receiving from
the IRWO notice to the effect that the said materials or works have been condemned or
rejected
x)
fail to afford the IRWO or IRWOs representative proper facilities for inspecting the work or
any part thereof as required or
xi)
Promise, offer to give any bribe, commission, gift or advantage either himself or through his
partner, agent or servant to any officer or employee of the IRWO or to any person of his or
on their behalf in relation to the execution of this or any other contract with the IRWO.
Procedure of Determination of Contract

Then and in any of the said cases, the IRWO on behalf of the IRWO may serve the Developer with a
notice in writing to that effect and if the Developer does not within seven days after the delivery to
him of such notice proceed to make good his default in so far, as the same is capable of being made
good and carry on the work or comply with such directions as aforesaid to the entire satisfaction of
the IRWO, the IRWO shall be entitled after giving 48 hours notice in writing under the hand of the
IRWO, (to rescind the contract as a whole or in part or parts as may be specified in such notice) and
adopt either or both of the following courses:
a)
To carry out the whole or part of the work from which the Developer has been removed by
the employment of the required labour and materials, the cost of which shall include lead,
lift, freight supervision and all incidental charges.
b)
To measure up the whole or part of the work from which the Developer has been removed
and to get it completed by another Developer. The manner and method, in which such work
is completed, shall be at the entire discretion of the IRWO whose decision shall be final.
Page 79 of 83

And in both the cases (a) & (b) mentioned above, IRWO shall be entitled to forfeit the whole of the
Security Deposit/encash the Bank Guarantee in case the Security Deposit has been submitted in the
form of a Bank Guarantee as it may consider fit and also encash the Bank Guarantee for
Performance Guarantee.
Provided always that in any case in which any of the powers conferred upon the IRWO by sub clause
5.1 shall have become exercisable and the same shall not be exercised, the non exercise, thereof
shall not constitute a waiver of any of the condition thereof and such powers shall notwithstanding
be exercisable in the extent of any future case of default by the Developer for which his liability for
past and future shall remain unaffected.
5.5
Right of IRWO after Rescission of Contract Owing To Default of the Developer

In case of any or several of the courses, referred to in sub-clause 5.4 are being adopted.
a)
The Developer shall have no claim to compensation for any loss sustained by him by reason
of his having purchased or procured any materials or entered into any commitments or
made any advances on account of or with a view to the execution of the work or the
performance of the contract and the Developer shall not be entitled to recover or be paid
any sum for any work there to or actually performed under the contract unless and until the
IRWO shall have certified the performance of such work and the value payable in respect
thereof and the Developer shall only be entitled to be paid the value so certified.
b)
The IRWO or the IRWOs representative shall be entitled to take possession of any materials,
tools, implements, machinery and buildings on the works or on the property on which these
are being or ought to have been executed, and to retain and employ any part thereof until
the completion of the work without the Developer being entitled to any compensation for
the use and employment thereof or for wear and tear or destruction thereof.
c)
The IRWO shall, as soon as may be practicable after removal of the Developer fix and
determine ex-parte or by or after reference to the parties such investigation or inquiries as
he may consider fit to make or institute and shall certify what amount (if any) had at the
time of rescission of the contract been reasonably earned by or would reasonably accrue to
the Developer in respect of the work then actually done by him under the contract and what
was the value of any unused or partially used materials, any constructional plant and any
temporary works upon at site.
d)
The IRWO shall not be liable to pay the Developer any money on account of the contract
until the expiration of the period of maintenance and thereafter until the cost of completion
and maintenance, damages for delay in completion (if any) and all other expenses incurred
by the IRWO have been ascertained and the amount thereof certified by the IRWO. Due to
non completion of work or breach of any of the terms of the contract, IRWO shall be entitled
to forfeit the whole of the Security Deposit/encash the Bank Guarantee in case the Security
Deposit has been submitted in the form of a Bank Guarantee as it may consider fit and also
encash the Bank Guarantee for Performance Guarantee.
Page 80 of 83

6.
SETTLEMENT OF DISPUTES
6.1
Conciliation and Arbitration:
6.1.1
Conciliation
6.1.1.1It is a term of this contract that Arbitration of disputes shall not be commenced unless an attempt has
first been made by the parties to settle such disputes through mutual settlement / conciliation
within a period of thirty (30) days.
6.1.1.2. If the Developer is not satisfied with the settlement by the IRWO on any matter in question, disputes
or differences, the Developer may refer to the Managing Director of IRWO in writing to settle such
disputes or differences through conciliation provided that demand for conciliation shall specify the
matters, which are in question or subject of the disputes or differences as also the amount of claim,
item wise. Only such disputes or differences in respect of which the demand has been made,
together with counter claim of IRWO shall be referred to Conciliator as the case may be and other
matters shall not be included in the reference.
6.1.1.3. Managing Director of IRWO may himself act as a Sole Conciliator or may decides to appoint another
person as Conciliator as the case may be.
6.1.1.4. If one or more Conciliator(s) appointed as above refuses to act or arbitrarily withdraw from his office
as Conciliator or vacates his/their office or offices or is/are unable or unwilling to perform his
functions as Conciliator(s) for any reasons, whatsoever or dies or in the opinion of Managing
Director, IRWO fails to act without undue delay, the Managing Director IRWO shall appoint new
Conciliator(s) in his/their place. Such reconstituted tribunal may, at its discretion, proceed with the
reference from the stage at which it was left by the previous Conciliator(s).
6.1.1.5 The demand for conciliation is subject to Arbitration and Conciliation Act, 1996 and the rules there
under and any statutory modification thereof shall apply to the Conciliation proceedings under this
clauses.
6.1.2
Arbitration
6.1.2.1. In the event of any dispute or difference between the parties hereto as the construction or
operation of this contract, or the respective rights and liabilities of the parties on any matter in
question, dispute or difference on any account to which the parties may claim to be entitled to, then
the disputed matters may be referred to arbitration, as per procedure laid down below:
The demand for arbitration shall specify the matters which are in question, dispute(s) or
difference(s) in respect of which the demand has been made, shall be referred to arbitration and
other matters shall not be included in the reference.
It is a term of the Contract that no person other than a person nominated by IRWO shall act as
Arbitrator and if for any reason that is not possible, the matter is not to referred to arbitration at all.
In case where the Developer has signed the final bill with No Claim Certificate, the matter will not
Page 81 of 83

be referred to arbitration and in such cases, it will be a term of the Developer that there is no
arbitration clause at all.
6.1.2.2 In cases where the total value of all claims in question added together does not exceed Rs. 10 lacs
(Rupees Ten Lacs only) the Arbitral Tribunal consist of Sole/Arbitrator who shall be either the
Managing Director or any officer of IRWO nominated by the Managing Director on his behalf. The
sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for
arbitration is received by IRWO.
6.1.2.3 In case not covered by the above clause, the Arbitral Tribunal shall consist of a panel of three serving
or retired officers of Railway as the Arbitrators. For this purpose, IRWO will send a panel of more
than three names of officers to the Developer who will be asked to select / opt and suggest to
Managing Director of IRWO at least two names out of the panel for appointment as Developers
nominee. Managing Director shall appoint at least one out of them as Developers nominee and will,
also simultaneously appoint the balance number of Arbitrators either from the panel or from
outside the panel and the two appointed Arbitrator shall appoint the third Arbitrator who shall act
as the presiding Arbitrator.
6.1.2.4 If one or more Arbitrator(s) appointed as above refuse(s) to act as arbitrator(s), withdraw from his
office as Arbitrator or vacates his/their office or is/are unable or unwilling to per Tender Form
his/their function as Arbitrator(s) for any reasons, whatsoever or die(s), or in the opinion of
Managing Director fail(s) to act without undue delay, the Managing Director shall appoint new
Arbitrator / Arbitrator(s) to act in his/their place in same manner in which the earlier Arbitrator(s)
has been appointed. Such re-constituted Tribunal may, at its discretion, proceed with the reference
from the stage at which it was left by the previous Arbitrator(s).
6.1.2.5 The demand for Arbitration is subject to Arbitration and Conciliation Act, 1996 and the rules there
under and any statutory modification thereof shall apply to the Arbitration proceedings under this
clauses.
6.2.
The language of proceedings, documents or communication shall be in English and the Awards shall
be made in English in writing. Conciliator/Arbitrator shall give the award which shall state item wise
the sum awarded and the reasons upon which it is based. The analysis and the reasons shall be
detailed enough so that award could be inferred there from.
6.3.
The Conciliator/Arbitral Tribunal shall record day to day proceedings. Those proceedings shall
normally be conducted on the basis of documents and written statement.
6.4.
The conciliation/arbitration proceedings shall be held at a place decided by Conciliator/Arbitrator.
6.5.
The fees and other charges of the Conciliator/Arbitrator shall be as per the scale fixed by the IRWO
from time to time and shall be shared between the IRWO and the Developer.
6.6.
The minimum qualification of Conciliator/Arbitrator shall be graduate in engineering. He may be

working OR retired officer with a minimum of 20 years in Group A in engineering Services of
railways or equivalent in railway PSUs. He should be clear from the vigilance angle and should be a
Page 82 of 83

person with reputation of high technical ability and integrity. Also he would not have associated
with the contract to which the disputes pertain.
6.7.
It is a term of this contract that the Developer shall not approach any Court of law for settlement of
such disputes or differences unless an attempt has first been made by the parties to settle such
disputes or differences in accordance with the provisions of clause.
6.8.
Obligations of IRWO and Developer shall not be altered by reasons of Conciliation/Arbitration being
conducted during the progress of works. Neither party shall be entitled to suspend the work on
account of conciliation/arbitration and payments to the Developer shall continue to be made in
terms of contract.
6.9.
The award of Conciliator /Sole Arbitrator/Arbitral Tribunal unless challenged in the Court of Law
shall be binding on all parties.
6.10.
Award
Conciliator(s) / Arbitrator(s) shall give the award which shall state item wise the sum awarded and
reasons upon which it is based.
6.11.
Governing Law and Jurisdiction

This Tender document is governed by the laws of Republic of India and shall be subject to the
jurisdiction of the courts in Delhi.
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Page 83 of 83

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Indian Railway Welfare Organization

INDIAN RAILWAY WELFARE ORGANIZATION

Document ID No.: IRWO/Tender/Turnkey/Greater Noida West/2013-14/1

Construction of multistoried flats on turnkey basis at Greater Noida (West)

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Greater Noida (West)

Indian Railway Welfare Organization

Receipt of Queries from Intending

By 12th September 2013 : 16.00 Hrs

Date and Time of Pre-Bid Meeting

26th September 2013 : 11.30 Hrs

Last date and time for receipt of

24th October 2013 : 15.00 Hrs

Date and Time of Technical Bid

24th October 2013 : 15.30 Hrs

Tender document Fee

Approximate Cost of the Work

Earnest Money Deposit Amount

Rs. 10,000/- (Rupees Ten Thousand

Construction of multistoried flats on turnkey basis at Greater Noida (West)

Indian Railway Welfare Organization

SEALED PACKET-1 : TECHNICAL BID

Covering Letter of Tender, duly

Checklist (as per Clause 4.2 of

Demand Draft / Bankers

Demand Draft / Bankers

General Information about the

Joint Tendering Agreement (as

Power of Attorney for

Power of Attorney in favour of

Construction of multistoried flats on turnkey basis at Greater Noida (West)

Indian Railway Welfare Organization

Technical Proposal of the

Information for Technical Bid

- Affidavit (as per Tender Form E7A)

SEALED PACKET-2 : FINANCIAL / PRICE BID

Financial / Price Bid (as per

Construction of multistoried flats on turnkey basis at Greater Noida (West)

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Greater Noida (West)

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Greater Noida (West)

Indian Railway Welfare Organization

Joint Tendering Agreement Tender Form E3

Construction of multistoried flats on turnkey basis at Greater Noida (West)

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Greater Noida (West)

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Greater Noida (West)

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Greater Noida (West)

Indian Railway Welfare Organization

Notice Inviting Tender;

Construction of multistoried flats on turnkey basis at Greater Noida (West)

Indian Railway Welfare Organization

2. SIGNED BY THE SAID

Construction of multistoried flats on turnkey basis at Greater Noida (West)

Indian Railway Welfare Organization

Purchase of Tender Documents.

Earnest Money and Security Deposit

Construction of multistoried flats on turnkey basis at Greater Noida (West)

Indian Railway Welfare Organization

Submission of Tender Documents1

A single-stage two-packet procedure shall be followed for submission of Tender documents.