Nit WBHDCL

West Bengal Highway Development Corporation Ltd.
(A Wholly Owned Company of Government of West Bengal)
ITEM RATE CONTRACT
(CIVIL WORKS)
Widening and Strengthening of existing road corridor connecting Mogra on SH-

13 in Hooghly District with Barajaguli on NH-34 in Nadia District via Triveni,
Boropara, Kalyani and Kapa to 4/6 lane divided carriageway including Grade-
separated corridor, ROB at Bansberia and six-lane Extra-dosed Cable-stayed
Bridge over river Hooghly beside Iswar Gupta Setu at Kalyani in the State of
West Bengal, India. (Approximate length:21Km.), [PACKAGE-III].
E-NIT No.: WBHDCL/CGM/eNIT-3/2017-18 dated 21.09.2017
BIDDING DOCUMENT
By E Tendering Mode
West Bengal Highway Development Corporation Limited

(A Wholly Owned Company of Government of West Bengal)
4th & 5th Floor, HRBC Bhawan, Munsi Premchand Sarani, Kolkata – 700021
Phone: 033-2262 5267 / Fax: 033- 2262 5266
September - 2017
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Widening and Strengthening of existing road corridor connecting Mogra on SH-13 in Hooghly District with
Barajaguli on NH-34 in Nadia District via Triveni, Boropara, Kalyani and Kapa to 4/6 lane divided carriageway
including Grade-separated corridor, ROB at Bansberia and six-lane Extra-dosed Cable-stayed Bridge over river
Hooghly beside Iswar Gupta Setu at Kalyani in the State of West Bengal, India. (Approximate length:21Km.),
[PACKAGE-III]
PART 1 – BIDDING PROCEDURES
INVITATION FOR BID (IFB)
Section I: Instructions to Bidders (ITB)

This Section provides relevant information to help Bidders prepare their Bids.
Information is also provided on the submission, opening, and evaluation of Bids and
on the award of Contract.
Section II. Bid Data Sheet (BDS)

This Section consists of provisions that supplement the information or requirements
included in Section I, Instructions to Bidders.
Section III. Evaluation and Qualification Criteria

This Section contains criteria for qualifications of the Bidder to perform the contract
and to determine the lowest evaluated bid.
Section IV: Bidding Forms

This Section contains the forms which are to be completed by the Bidder and
submitted as part of his Bid.
Section V. Eligible Countries

This Section contains information regarding eligible countries.
PART 2 – WORKS REQUIREMENTS
Section VI. Specifications for the Works

This Section contains the Specification that describe the Works and Services to be
procured.
PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS
Section VII. General Conditions (GC)

This Section contains the general clauses to be applied in the contract.
Section VIII. Appendix to Tender and Particular Conditions

This Section consists of Part A, Appendix to Tender, which contains data, and Part
B Particular Conditions which contains clauses specific to this contract. The
contents of this Section modify or supplement the General Conditions and shall be
prepared by the Employer.
Section IX: Contract Forms

This Section contains forms which, once completed, will form part of the Contract.
The forms for Performance Security and Advance Payment Security, when
required, shall only be completed by the successful Bidder after contract award.
Section X : Drawings
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[PACKAGE-III]
BIDDING DOCUMENT
FOR
PROCUREMENT OF CIVIL WORKS
TABLE OF CONTENTS
Table of Contents ……………………………………………………………..…………………
PART 1: BIDDING PROCEDURES

Invitation for Bids (IFB) …….……..………………………………………..……………
Section I Instructions To Bidders……………………………………………..
Section II Bid Data Sheet………………………………………………………..
Section III Evaluation and Qualification Criteria ...………………………….
Section IV Bidding Forms ……………………………………………………….
Section V Eligible Countries ……………………………………………………

PART 2: WORKS REQUIREMENTS
Section VI Specifications for the Works ……… ………………………………..
PART 3: CONDITIONS OF CONTRACT AND CONTRACT FORMS
Section VII General Conditions (GC)………………………………………………
Section VIII Appendix to Tender and Particular Conditions ………………………………………………
Section IX Contract Forms…………….……………………………………………
Section X DRAWINGS …………………………………………………………….
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[PACKAGE-III]
INVITATION FOR BIDS (IFB)
INTERNATIONAL COMPETITIVE BIDDING
E-NIT No.: WBHDCL/CGM/eNIT-3/2017-18 dated 21.09.2017
Sub: International Competitive Bidding
Dear Sir,
1.0 West Bengal Highway Development Corporation Limited, a wholly owned company of
Government of West Bengal (hereinafter referred to as WBHDCL/Employer) is inviting
competitive bids for Item Rate Contract by e-tendering method from the eligible Bidders for
the construction and completion of the ―Works‖ named
Widening and Strengthening of existing road corridor connecting Mogra on SH-13 in

Hooghly District with Barajaguli on NH-34 in Nadia District via Triveni, Boropara,
Kalyani and Kapa to 4/6 lane divided carriageway including Grade-separated corridor,
ROB at Bansberia and six-lane Extra-dosed Cable-stayed Bridge over river Hooghly
beside Iswar Gupta Setu at Kalyani in the State of West Bengal, India. (Approximate
length:21Km.), [PACKAGE-III].
2.0 The Estimated Cost of the Project is Rs. 1460 Crores.
3.0 The Completion Period of Works is 48(Forty Eight) months from the date of commencement
with a Defect Notification Period of 36 (Thirty Six ) months.
4.0 All Bids must be accompanied by Bid Security amounting to Rs. 14.60 Crores (Rupees
Fourteen Crores and Sixty Lakhs only) as Bank Guarantee in the form as specified in this
Bidding Document.
5.0 The Bidder is required to refer to the Bidding Document for further information which will be
uploaded in the e-tender portal of Govt. of West Bengal i.e.
(http://wbetenders.gov.in/nicgep/app). The amendments/clarifications to the Bid Document if
any will be hosted on the e-tender portal of Govt. of West Bengal i.e.
(http://wbetenders.gov.in/nicgep/app)only.
6.0 FIDIC Red Book (1999 – Edition) and MORT&H Specification for Road and Bridge
Works (Fifth Revision) must be procured by the Bidder from respective publishers directly.
Other Specifications referred must also be procured from the respective Publishers.
7.0 All Bidders who shall submit Bid shall have to pay the cost of Bidding Document of Rs.
5,00,000/-( Rupees Five Lakh only) (Non- refundable and Non-transferable) in the form of
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[PACKAGE-III]
Demand draft drawn in favour of West Bengal Highway Development Corporation Limited
payable at Kolkata.
8.0 The Bid should be submitted online in the prescribed format given in the e-tender portal of
Govt. of West Bengal i.e. (http://wbetenders.gov.in/nicgep/app) along with physical
submission of some documents as specified in this ITB. No other mode of submission is
acceptable. Financial Bid shall be submitted in e-tendering mode only.
9.0 The Key Dates for activities under this Bidding is indicated in Table -1. The Bids would be
opened at West Bengal Highway Development Corporation Limited, HRBC Bhawan, 4th
& 5th Floor, Munshi Premchand Sarani, Kolkata 700 021.
10.0 For any query /clarification, the following office may be contacted by the Bidders
General Manager -III

West Bengal Highway Development Corporation Limited,
HRBC Bhawan, 4th & 5th Floor,
Munshi Premchand Sarani, Kolkata 700 021
Tel.: (033) 2262 5267, Tele-fax: (033) 2262 5266
Email : wbhdcl@gmail.com
11.0 WBHDCL reserves the right to accept or reject all or any of the bids without assigning any
reason whatsoever. Conditional Bids shall be rejected.
CHIEF GENERAL MANAGER
Address of Communication and submission of Bid
CHIEF GENETRAL MANAGER

West Bengal Highway Development Corporation
4th& 5th Floor, HRBC Bhawan,
MunshiPrem Chand Sarani,Kolkata -700021
Web Site http:\\www.wbhdcl.gov.in.
Tel.: (033) 2262 5267, Tele-fax: (033) 2262 5266, Email : wbhdcl@gmail.com
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[PACKAGE-III]
TABLE -1
Schedule of Key Activities

Sl.
ACTIVITY KEY DATES
No
1 Uploading of Bidding Document in WBHDCL /e-tender

10th November 2017
Portal (online)
2 Date and Time of Pre-Bid Meeting at WBHDCL office, 24th November 2017 at
Kolkata 11-30 Hrs.
3 30th November 2017

Reply to Bidders Queries
(Tentative )
4 2nd January, 2018 at 11.30
Bid proposal submission start date (online)
Hrs.
5 Last date and time for submission of Bid (online) 9th January 2018 upto 15-
[Bid Due Date –BDD] 00 Hrs.
6 Last date of submission of Offline Documents 9th January 2018 upto 15-
[Bid Due Date –BDD] 00 Hrs.
7 11th January 2018 at 15-

Date and Time of opening of Technical Bid
00 Hrs.
8 Date and Time of Declaration of Technically Qualified
To be notified
Bidders
9 Date and Time of opening of Financial Bid To be notified
10 To be notified to
Issuance of Letter of Acceptance
Successful Bidder
11 Signing of Contract Agreement Within 28 days of
receiving of LOA subject
to furnishing of
Performance Security and
verification.
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[PACKAGE-III]
Section I. Instructions to Bidders
Table of Clauses
A. General .............................................................................................................................................. 9
1. Scope of Bid.................................................................................................................. 9
2. Source of Funds ............................................................................................................ 9
3. Corrupt Practices......................................................................................................... 10
4. Eligible Bidders .......................................................................................................... 10
5. Eligible Materials, Equipment and Services .............................................................. 12
B. Contents of Bidding Document .................................................................................................... 13

6. Sections of Bidding Document .................................................................................. 13
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting ............................... 14
8. Amendment of Bidding Document ............................................................................. 15
C. Preparation of Bids ....................................................................................................................... 15

9. Cost of Bidding ........................................................................................................... 15
10. Language of Bid.......................................................................................................... 15
11. Documents Comprising the Bid .................................................................................. 16
12. Letter of Bid, and Schedules ....................................................................................... 17
13. Alternative Bids .......................................................................................................... 17
14. Bid Prices and Discounts ............................................................................................ 18
15. Currencies of Bid and Payment .................................................................................. 18
16. Documents Comprising the Technical Proposal ......................................................... 19
17. Documents Establishing the Qualifications of the Bidder .......................................... 19
18. Period of Validity of Bids ........................................................................................... 19
19. Bid Security ................................................................................................................ 19
20. Format and Signing of Bid.......................................................................................... 20
D. Submission and Opening of Bids ................................................................................................. 21

21. Instructions/ Guidelines for tenders for electronic (online) submission of the tenders
in e-Tendering Mode……………………………………………………………….21
22. Deadline for Submission of Bids ................................................................................ 26
23. Late Bids ..................................................................................................................... 26
24. Withdrawal, Substitution, and Modification of Bids ................................................. 26
25. Bid Opening ................................................................................................................ 26
E. Evaluation and Comparison of Bids ............................................................................................ 27

26. Confidentiality ............................................................................................................ 27
27. Clarification of Bids.................................................................................................... 28
28. Deviations, Reservations, and Omissions ................................................................... 28
29. Determination of Responsiveness ............................................................................... 28
30. Nonmaterial Nonconformities .................................................................................... 29
31. Correction of Arithmetical Errors ............................................................................... 29
32. Conversion to Single Currency ................................................................................... 29
33. Margin of Preference .................................................................................................. 29
34. Evaluation of Bids ...................................................................................................... 29
35. Comparison of Bids .................................................................................................... 30
36. Qualification of the Bidder ......................................................................................... 30
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[PACKAGE-III]
37. Employer‘s Right to Accept Any Bid, and to Reject Any or All Bids ....................... 30
F. Award of Contract ......................................................................................................................... 30

38. Award Criteria ............................................................................................................ 30
39. Notification of Award…………………………………………………………….30
40. Signing of Contract ..................................................................................................... 31
41. Performance Security .................................................................................................. 31
42. Miscellaneous……………………………………………………………… 32
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[PACKAGE-III]
Section I. Instructions to Bidders
A. General
1.0 Scope of Bid 1.1 In connection with the Invitation for Bids indicated in the Bid
Data Sheet (BDS), the Employer, as defined in the BDS, issues
these Bidding Documents for the procurement of Works and
Services as listed below and award of the Contract. The Scope
will cover the Works and Services as detailed in the BDS and will
consist of:
(a) Construction of Roads, Bridges including Bridges over

river Hooghly (Ganges) , Elevated Road Corridor /Fly-
Over and Road over Bridge (ROB) over railway line for
the sections of the Road(s) indicated in the BDS,
consisting of specific types of civil Works described in the
Specifications and Drawings.
(b) Improvement Works, consisting of a set of specific

interventions indicated in the Specifications to the existing
Roads and Bridges in response to existing or new traffic
and safety or other considerations.
(c) Rehabilitation Works, for the sections of the Road(s) and

Bridges, consisting of specific types of civil Works
described in the Specifications.
(d) Maintenance Services or “Services‖ consisting of all

interventions on the Roads and Bridges which are to be
carried out by the Contractor as defined in the
Specifications in Section VI of these Bidding Documents,
and all activities related to the management and evaluation
of the road.
(e) Pre-construction and Enabling Activities, Works consisting

of other enabling activities and Site clearances needed to
shift over-ground and underground utilities and Site
encumbrances with in the right of way which has been
stated in the Bidding Documents.
1.2 In these Bidding Documents:

a) the term ―in writing‖ means communicated in written form
and delivered against receipt;
b) unless the context requires otherwise, words indicating the
singular also include the plural and words indicating the
plural also include the singular; and
c) the term ―day‖ means calendar day.
2.0 Source of Funds 2.1 Employer shall use its own fund or funds received from
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[PACKAGE-III]
Government of West Bengal /Government of India or loan from

domestic /international financial institution or combination
thereof, to meet expenditure for this Project.
3.0 Corrupt Practices 3.1 The Employer requires that Bidders/Contractors observe the
highest standard of ethics during the procurement and execution
of the Project. Notwithstanding anything to the contrary contained
herein, in these Bidding Documents or the Contract, the Employer
may reject the Bid without being liable in any manner whatsoever
to the Bidder if it determines that the Bidder has, directly or
indirectly or through an agent, engaged in corrupt practice,
fraudulent practice, coercive practice, or collusive practice during
the bidding stage, or upon execution of the Contract. In pursuance
to this policy, the Employer defines, for the purposes of this
provision, the terms set forth below as follows:
(i) ―corrupt practice‖ means the offering, giving, receiving, or

soliciting of anything of value to influence the action of a
public official in the procurement process or in contract
execution;
(ii) ―fraudulent practice‖ means misrepresentation of facts in
order to influence a procurement process or the execution of
a contract and includes collusive practices among the
Bidders (prior to or after bid submission) designed to
establish bid prices at artificial, noncompetitive levels and to
deprive the Employer of the benefits of free and open
competition;
(iii) ―collusive practice‖ means a scheme or arrangement
between two or more Bidders, with or without the
knowledge of the Employer, designed to establish bid prices
at artificial, noncompetitive levels; and
(iv) ―coercive practice‖ means harming or threatening to harm,
directly or indirectly, any person(s) or their property to
influence their participation in the procurement process or
affect the execution of a contract;
Without prejudice to the rights of the Employer hereinabove, , if a
Bidder is found by the Employer to have directly or indirectly or
through an agent, engaged or indulged in any of the above stated
activities in competing for the award of Contract, such Bidder
shall not be eligible either directly or indirectly to participate in
any tender issued by the Employer either indefinitely or during a
period of 2 (Two) years from the date such Bidder is found by the
Employer to have directly or indirectly or through an agent,
engaged or indulged in any corrupt, fraudulent, collusive or
coercive practices as the case may be.
4.0 Eligible Bidders 4.1 A Bidder may be a private entity, public or government-owned
entity—subject to ITB 4.5—or any combination of such entities
supported by an agreement in the form of a joint venture (JV).The
term Bidder used herein would apply to both a single entity and a
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[PACKAGE-III]
Joint Venture. A Bidder to be eligible as single entity shall have to

meet all the qualification requirements. In case the Bidder is a
Joint Venture, it shall comply with the following additional
requirements:
(a) No. of partners shall be in such number as specified in

BDS and all partners shall be jointly and severally liable;
(b) members of the Joint Venture shall nominate one member

as the lead member (the ―Lead Member‖). who shall have
the authority to conduct all business for and on behalf of
any and all the partners of the JV during the Bidding
Process and, in the event the JV is awarded the Contract,
during Contract execution. The nomination(s) shall be
supported by a Power of Attorney, as per the format
provided in Section IV, signed by all the other members of
the Joint Venture.
(c) the Bid should include a brief description of the roles and
responsibilities of individual members, particularly with
reference to financial, technical and defect liability
obligations;
(d) the members must enter into a ―Joint Bidding Agreement‖

for the Project prior to submission of the Bid. The Joint
Bidding Agreement, to be submitted along with the Bid
shall, inter alia:
i. convey the commitment(s) of the Lead Member in

accordance with this ITB, in case the contract to
undertake the Project is awarded to the Joint Venture;
and clearly outline the proposed roles &
responsibilities, if any, of each member;
ii. commit the approximate share of work to be

undertaken by each member;
iii. except as provided under the Bidding Documents,

there shall not be any amendment to the Joint Bidding
Agreement; and
iv. the members shall be jointly and severally liable.
4.2 A Bidder, and all parties constituting the Bidder, may have the
nationality of any country, subject to the restrictions specified
in Section V, Eligible Countries. A Bidder shall be deemed to
have the nationality of a country if the Bidder is a citizen or is
constituted, incorporated, or registered and operates in conformity
with the provisions of the laws of that country.
4.3 A Bidder shall not have a Conflict of Interest. All Bidders found
to have a conflict of interest shall be disqualified. A Bidder may
be considered to have a conflict of interest with one or more
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[PACKAGE-III]
bidders in this Bidding Process, if including but not limited to:
(a) they have controlling partners in common; or

(b) such Bidder, or any of its JV member thereof receives or has
received any direct or indirect subsidy, grant, concessional
loan or subordinated debt from any other Bidder, or any of its
JV member thereof or has provided any such subsidy, grant,
concessional loan or subordinated debt to any other Bidder,
its member or any of its JV member thereof; or
(c) they have the same legal representative for purposes of their
bid; or
(d) such Bidder, or any of its JV member thereof has a

relationship with another Bidder, or any of its JV member
thereof, directly or through common third party/ parties, that
puts either or both of them in a position to have access to
each other‘s‘ information about, or to influence the Bid of
either or each other; or influence the decisions of the
Employer regarding this Bidding Process; or
(e) a Bidder participates in more than one Bid in this Bidding

Process. Participation by a Bidder in more than one Bid will
result in the disqualification of all Bids in which such Bidder
is involved; or
(f) a Bidder participated as a consultant to the Employer in the

preparation of the design or technical specifications of the
Works that are the subject of the Bid;
4.4 A Bidder who has been declared blacklisted and /or debarred for
bidding or to enter into Contract, by the Government of India,
Ministry of Road Transport & Highways , National Highways
Authority of India (NHAI) and State Public Works Department,
Employer /WBHDCL and if such black-listing /debarment is
continuing on BDD shall be ineligible for this Bidding Process.
4.5 Government-owned entities shall be eligible only if they can

establish that they are legally and financially autonomous and
operate under commercial law. Also, they shall not be dependent
agencies of the Employer.
4.6 Bidders shall provide such evidence of their eligibility satisfactory
to the Employer, as the Employer may request.
4.7 Firms shall be excluded if as a matter of law or official regulation
prohibits commercial relations with that country in which such
firm is incorporated or constituted.
4.8 This bidding is open only to the Bidders meeting the qualification
requirements , unless stated otherwise in the BDS.
5.0 Eligible Materials, 5.1 Bidders are encouraged to use Materials and Equipment
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Equipment, and Services originating in India.
5.2 For purposes of ITB 5.1 above, ―origin‖ means the place where
the materials and equipment are mined, grown, produced or
manufactured and from which the services are provided. Materials
and equipment are produced when, through manufacturing,
processing, or substantial or major assembling of components, a
commercially recognized product is produced that is substantially
in its basic characteristics or in purpose or utility from its
components.
B. Contents of Bidding Document
6.0 Sections of Bidding 6.1 The Bidding Documents consist of Parts 1, 2, and 3, which
Document include all the Sections indicated below, and should be read in
conjunction with any Addendum/ Corrigendum issued in
accordance with ITB 8.
PART 1 Bidding Procedures

 Section I. Instructions to Bidders (ITB)
 Section II. Bid Data Sheet (BDS)
 Section III. Evaluation Criteria and Qualification
Criteria
 Section IV. Bidding Forms
 Section V. Eligible Countries
PART 2 Specifications for Works and Services
 Section VI. Specifications for Works
PART 3 Conditions of Contract and Contract Forms
 Section VII. General Conditions (GC)
 Section VIII. Appendix to Tender and Particular
Conditions
 Section IX. Contract Forms
 Section X. Drawings
6.2 Deleted
6.3 The Employer shall not be responsible for inadequacy, lack of

completeness or incorrectness of information provided in the
Bidding. The same shall not be a basis for any claim for
compensation, damages, extension of time for performance of its
obligations, loss of profits etc. from WBHDCL, or a ground for
termination of Contract.
6.4 The Bidder shall examine all instructions, forms, terms, and
specifications mentioned in the Bidding Document. Further, in
case Bidder fails to furnish all information or documentation
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required by the Bidding Documents the same will result in the

rejection of the Bid.
7.0 Clarification of 7.1 A Bidder requiring any clarification of the Bidding Document
Bidding Document, shall contact the Employer in writing at the Employer‘s address
Site Visit, Pre-Bid indicated in the BDS or raise his enquiries during the pre-bid
Meeting meeting if provided for in accordance with ITB 7.4. The
Employer shall endeavour to respond to the queries / questions
raised or clarifications sought by the Bidders. However, the
Employer reserves the right not to respond to any question or
provide any clarification, in its sole discretion, and nothing in this
Clause shall be taken or read as compelling or requiring the
Employer to respond to any question or to provide any
clarification(s).The Employer shall upload its response to all
Bidders in accordance with ITB 7.6, including a description of the
inquiry but without identifying its source. Should the Employer
deem it necessary to amend the Bidding Document, which may
include issuance of revised document, as a result of a request for
clarification, it shall do so following the procedure under ITB 8
and ITB 22.2.
The Employer may also on its own motion, if deemed necessary,

issue interpretations & clarifications to all Bidders. All
clarifications & interpretations issued by the Employer shall be
deemed to be part of the Bidding Documents. Verbal clarifications
and information given by Employer or its employees or
Representatives shall not in any way or manner be binding on the
Employer and shall not be part of the Bidding Document.
7.2 Prior to submission of Bid, all Bidders are advised to visit and
examine the Site of Works of the Project and its surroundings and
sources of major construction materials and ascertain for
themselves the Site conditions, traffic, location, surroundings,
climate, availability of power, water & other utilities for
construction, access to Site, handling and storage of materials,
weather data, applicable laws and regulations, and any other
matter considered relevant by the Bidder. The Bidder obtains for
itself and on its own responsibility all information that may be
necessary for preparing the Bid and entering into a Contract for
construction of the Works. The costs of visiting the Site shall be
at the Bidder‘s own expense. The Bidder shall not be entitled to
claim for any compensation, damages, extension of time for
performance of its obligations, loss of profits etc. basis the
condition of the Site of Works of the Project whatsoever.
7.3 The Bidder and any of its personnel or agents will be granted
permission by the Employer to visit the Site of Works of the
Project and surrounding lands for the purpose of such visit, but
only upon the express condition that the Bidder, its personnel, and
agents will release and indemnify the Employer and its personnel
and agents from and against all liability in respect thereof, and
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will be responsible for death or personal injury, loss of or damage

to property, and any other loss including any third party claims,
damage, costs, and expenses incurred as a result of the inspection.
7.4 The Bidder‘s designated Representative is required to attend a

pre-bid meeting, if provided for in the BDS. The purpose of the
meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage. WBHDCL shall endeavour
to provide clarifications and such further information as it may, in
its sole discretion, consider appropriate for facilitating a fair,
transparent and competitive Bidding Process.
7.5 The Bidder shall submit their queries, if any, in writing and shall
ensure that the same reaches the Employer atleast 7 (Seven) days
before the pre-bid meeting.
7.6 Minutes of the pre-bid meeting, including the text of the questions
raised, without identifying the source, and the responses given,
together with any responses prepared after the meeting, will be
hosted on the e-tender portal of Govt. of West Bengal i.e.
(http://wbetenders.gov.in/nicgep/app). Any modification to the
Bidding Documents that may become necessary as a result of the
pre-bid meeting shall be made by the Employer exclusively
through the issue of an Addendum pursuant to ITB 8 through e-
tender portal of Govt. of West Bengal i.e.
(http://wbetenders.gov.in/nicgep/app) and not through the minutes
of the pre-bid meeting.
7.7 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a Bidder.
8.0 Amendment of 8.1 At any time prior to the deadline for submission of Bids, the
Bidding Document Employer may amend the Bidding Documents by issuing an
addenda.
8.2 Any addendum or revised document issued shall be part of the

Bidding Documents and shall be hosted on the e-tender portal of
Govt. of West Bengal i.e. (http://wbetenders.gov.in/nicgep/app).
8.3 To give Bidders reasonable time in which to take an addendum

into account in preparing their Bids, the Employer may, at its sole
discretion, extend the deadline for the submission of Bids,
pursuant to ITB 22.2
C. Preparation of Bids
9.0 Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer shall not be responsible
or liable for any costs, regardless of the conduct or outcome of the
Bidding Process.
10.0 Language of Bid 10.1 The Bid, as well as all correspondence and documents relating to
the Bid exchanged by the Bidder and the Employer, shall be
written in the language specified in the BDS. Supporting
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documents and printed literature that are part of the Bid may be in
another language provided they are accompanied by an accurate
translation of the relevant passages in the language specified in
the BDS, in which case, for purposes of interpretation of the Bid,
such translation shall govern. All translated documents must be
certified and authenticated by the certified translators in India
under seal and signature and address of the certified translator
with certificate that translation is accurate in the format given in
BDS. In case the supporting documents submitted by Bidder are in
foreign language, such documents shall also be attested by the Indian
Embassy / High Commission, as the case may be.
11.0 Documents 11.1 The Bid shall comprise the following documents:
Comprising the Bid
Part – A: Technical Proposal: Technical Bid shall be submitted as e-bid

(to e-tender portal of Govt. of West Bengal:
http://wbetenders.gov.in/nicgep/app). However, some documents
submitted through e-bid shall have to be submitted also in
physical form in Sealed Envelope marked Technical Bid –
OFFLINE DOCUMENT. Though, the scanned copies of
following documents is required to be uploaded during
submission of e-bid on the e-tendering portal of Government of
West Bengal i.e. (http://wbetenders.gov.in/nicgep/app) ,following
original documents in physical form shall be submitted in a sealed
envelope on / before the stipulated date and time mentioned in
Table - 1 and addressed to the addressee given in the IFB duly
superscripted ―Name of the Project, Bid due date and time and
Name and address of the Bidder‖ on the envelope.
a) Cost of Bidding Document shall be Rs. 5,00,000/-( Rupees

Five Lakh only) (Non-Refundable and Non-Transferable)
in the form of Demand Draft drawn in favour of West
Bengal Highway Development Corporation Limited payable
at Kolkata.
b) Power of Attorney of the signatory (whose digital signature
certificate is used during e-tender submission) of the Bidder
to commit the Bid in original as per format given in Section
IV, Part-1.
c) Bid Security in Original (Bank Guarantee)
d) Hard Copy of all Forms and Certificates, Undertakings,
Affidavits and etc. as per Section IV of this Bidding
Document and any other information pursuant to ITB
hereof.
e) Original experience certificate or copy of certificate duly
signed by authorized signatory which has been uploaded to
e-tender portal.
f) any other document required as per the BDS.
g) In addition to the requirements under ITB 11.1, Bids
submitted by a JV shall include a copy of the Joint Bidding
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Agreement entered into by all partners.

h) Power of Attorney in favor of the Lead Member of JV
The Technical Proposal is in electronic form submitted to e-
bid portal and Offline Documents shall be collectively
deemed to constitute Technical Proposal. Non-submission of
e-bid or Offline Document shall lead to rejection of the Bid.
Part – B : Financial Proposal - It shall be named also as Financial

Bid and shall comprise of Letter of Tender, Form of Bid, and
Priced BILL OF QUANTITIES (Item Rate BOQ) specified in
Section IV of this Bidding Document. Financial Bid shall be
submitted only as e-bid to e-tender portal of Govt. of West
Bengal: http://wbetenders.gov.in/nicgep/app.
The Following documents, which are not submitted with the Bid,
will be deemed to be part of the Bid. Submission of Bid shall be
deemed as an acknowledgement by the Bidder that such Bid has
been submitted after perusal and acceptance of all the documents
stated herein below, which are not submitted with the Bid.
PART 1 Bidding Procedures

 Section I. Instructions to Bidders (ITB)
 Section II. Bid Data Sheet (BDS)
 Section III. Evaluation Criteria and Qualification
Criteria
 Section IV. Bidding Forms
 Section V. Eligible Countries
PART 2 Specifications for Works and Services
 Section VI. Specifications for Works and Services
PART 3 Conditions of Contract and Contract Forms
 Section VII. General Conditions (GC)
 Section VIII. Appendix to Tender and Particular
Conditions
 Section X - Drawings
12.0Letter of Bid, and 12.1 The Letter of Tender /Bid and Schedules(if any ) , including the
Schedules Bills of Quantities, shall be prepared using the relevant forms as
provided in Section IV, Bidding Forms. The forms must be
completed without any alterations to the text/format, and no
substitutes shall be accepted. All blank spaces shall be filled in
with the information requested.
13.0Alternative Bids 13.1 Unless otherwise indicated in the BDS, alternative bids shall not
be considered.
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14.0Bid Prices 14.1 The prices quoted by the Bidder in the Letter of Bid and in the
Bills of Quantities shall conform to the requirements specified
below.
14.2 The Bidder shall fill in rates and prices for all items described in
the Bills of Quantities. Items against which no rate or price is
entered by the Bidder will not be paid for by the Employer when
executed and shall be deemed covered by the rates for other items
and prices in the Bills of Quantities.
14.3 The price, in accordance with ITB 12.1, shall be the total price of
the Bid and shall be confirmed in the Letter of Bid.
14.4 Deleted
14.5 Unless otherwise provided in the BDS and the Contract, the
rates and prices quoted by the Bidder are subject to adjustment
during the performance of the Contract in accordance with the
provisions of the Conditions of Contract.
14.6 Deleted
14.7 All duties, taxes ( including Goods & Services Tax ) , toll and
user fees , royalties and other levies including Cess under West
Bengal Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Welfare Cess Act, 1996
etc. payable by the Contractor under the Contract to the State /
Central Government, or for any other cause, as of the date 28 days
prior to the deadline for submission of bids (BDD), shall be
included in the rates and prices and the total Bid Price submitted
by the Bidder, and the evaluation and comparison of bids by the
Employer shall be made accordingly. 1% Cess under W.B.
Building and other Construction Workers (Regulation of
Employments & Condition of Service) Welfare Cess Act, 1996
shall be deducted from the Bills against Interim Payment
Certificates (IPC) and Final Bill of the Selected Bidder
(Contractor).
15.0 Currencies of Bid 15.1 The unit rates and the prices shall be quoted by the Bidder entirely
and Payment in Indian National Rupees only. A Bidder expecting to incur
expenditures in other currencies for inputs to the Works supplied
from counties outside India shall make its own arrangement for
payment within prevailing laws and no payment shall be made
under this Contract, in any other currency except Indian
Currency.
Bidders shall be fully aware that Employer shall not make any
payment in foreign currency under this Contract, including but not
limited to the specific requirements for
(a) Expatriate staff and labour employed directly on the Works;
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(b) Social, insurance, medical and other charges relating to such

expatriate staff and labour, and foreign travel expenses;
(c) Imported materials, both temporary and permanent, including

fuels, oil and lubricants required for the Works;
(d) Depreciation and usage of imported Plant and Contractor‘s

Equipment, including spare parts, required for the Works;
(e) Foreign insurance and freight charges for imported materials,

Plant and Contractor‘s Equipment, including spare parts; and,
(f) Overhead expenses, fees, profit, and financial charges arising

outside India in connection with the Works.
16.0 Documents 16.1 The Bidder shall furnish a Technical Proposal including a
Comprising the statement of work methods, equipment, personnel, schedule and
Technical Proposal any other information as stipulated in Section IV, in sufficient
detail to demonstrate the adequacy of the Bidders‘ proposal to
meet the requirements of Section VI, Specifications.
17.0 Documents 17.1 To establish its qualifications to perform the Contract in

Establishing the accordance with Section III, Evaluation and Qualification Criteria,
Qualifications of the the Bidder shall provide the information requested in the
Bidder corresponding information sheets included in Section IV, Bidding
Forms.
18.0 Period of Validity of 18.1 Bids shall remain valid for the period specified in the BDS after
Bids the Bid submission deadline date prescribed by the Employer. A
Bid valid for a shorter period shall be rejected by the Employer as
non-responsive.
18.2 In exceptional circumstances, prior to the expiration of the Bid

validity period, the Employer may request Bidders to extend the
period of validity of their Bids. The request and the responses
shall be made in writing. If a Bid Security is requested in
accordance with ITB 19, it shall also be extended for twenty-eight
(28) days beyond the deadline of the extended validity period. A
Bidder may refuse the request and in such case the Bid Security
shall not be forfeited. A Bidder granting the request shall not be
required or permitted to modify its Bid.
19.0 Bid Security 19.1 Unless otherwise specified in the BDS, the Bidder shall furnish
as part of its Bid, a Bid Security in original form and in the
amount and currency specified in the BDS.
19.2 The Bid Security shall be in form of unconditional Bank

Guarantee of specified amount (in IFB) in Indian National Rupees
only from a nationalized /scheduled commercial Bank in India.
Such bank guarantees shall be valid for 28 days beyond the
validity of the Bid.
Bank Guarantee from any Co-operative or Local Banks shall not

be accepted. The Bid Security shall be valid for twenty-eight (28)
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days beyond the original validity period of the Bid, or beyond any
period of extension if requested under ITB 18.2. In addition, the
Bank Guarantee shall have a claim period of 180 days.
WBHDCL shall not be liable to pay any interest on the Bid

Security deposit so made and the same shall be interest free.
19.3 Any Bid not accompanied by an enforceable and compliant Bid

Security, if one is required in accordance with ITB 19.1, shall be
rejected by the Employer as non-responsive.
19.4 The Bid Security of unsuccessful Bidders shall be returned as

promptly as possible upon the successful Bidder‘s furnishing of
the performance security pursuant to ITB 41or when the Bidding
Process is cancelled by the WBHDCL.
19.5 The Bid Security of the successful Bidder shall be returned as

promptly as possible once the successful Bidder has signed the
Contract and furnished the required performance security.
19.6 The Bidder, by submitting the Bid shall be deemed to have

acknowledged that without prejudice to the Employer‘s any other
right or remedy hereunder, or in law or otherwise, the Bid
Security shall be forfeited and appropriated by the Employer as
the mutually agreed pre-estimated compensation and damages
payable to the Employer for, inter-alia, time cost and effort of the
Employer in regard to the Bidding Process including the
consideration and evaluation of the proposal under the following
conditions:
(a) if a Bidder withdraws its Bid during the period of Bid validity
specified by the Bidder on the Letter of Bid Form, except as
provided in ITB 18.2 or
(b) If the Bidder is found to have a Conflict of Interest;

(c) If a Bidder engages in a corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive
practice as specified in the Bidding Document ;
(d) if the successful Bidder fails or refuses to:

(i) sign the Contract in accordance with ITB 40; or
(ii) furnish a performance security in accordance with ITB

41.
19.7 The Bid Security of a JV shall be in the name of the JV that

submits the Bid and not in the name of the individual constituent
of the JV.
20.0 Format and Signing 20.1 The Bidder shall prepare one original of the documents
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of Bid comprising the Bid as described in ITB 11 and clearly mark it

―ORIGINAL.‖ In addition, the Bidder shall submit copies of the
Bid, in the number specified in the BDS and clearly mark them
―COPY.‖ In the event of any discrepancy between the original
and the copies, the original shall prevail.
20.2 The original and all copies of the Bid shall be typed or written in
indelible ink and shall be signed by a person duly authorized to sign
on behalf of the Bidder. This authorization shall consist of a written
confirmation as specified in the BDS and shall be attached to the
Bid. The name and position held by each person signing the
authorization must be typed or printed below the signature. All pages
of the Bid where entries or amendments have been made shall be
signed or initialed by the person signing the Bid.
20.3 Any inter-lineation, erasures, or overwriting shall be valid only if

they are signed or initialed by the person signing the Bid.
D. Submission and Opening of Bids

21.0 Instructions/ 21.1. Registration of Bidder:-
Guidelines for tenders
for electronic (online) Bidding Documents may be downloaded from e-tender portal of
submission of the tenders Govt. of West Bengal i.e.
in e-Tendering Mode. (http://wbetenders.gov.in/nicgep/app) and the Bid shall be
submitted online in e-tender portal of Govt. of West Bengal i.e.
(http://wbetenders.gov.in/nicgep/app) following the
instructions as per e-tender guidelines. Schedule of submission
is specified in the Table - 1. Instructions / Guidelines for tenders
for electronic (online) submission of the tenders have been
available with the e-tender portal as mentioned above Any
Bidder willing to take part in the process of e-Tendering will
have to be enrolled & registered with the Government e-
Procurement system, through logging on to
(http://wbetenders.gov.in/nicgep/app).The Bidder is to click on
the link for e-Tendering site as given in the web portal.
21.2 Digital Signature Certificate (DSC):-
Each Bidder is required to obtain an appropriate class of Digital

Signature Certificate (DSC) for submission of tenders / Bids
from the approved service provider of the National
Information‘s Centre (NIC) on payment of requisite amount.
Details are available at the website.
21.3 The Bidders may search & download NIT & Tender/ Bid
Documents electronically from computer after login to the
website (http://wbetenders.gov.in/nicgep/app) using the Digital
Signature Certificate. This is the only mode of collection of
Tender/Bidding Documents. No payment is to be made to the
department for down loading the bid documents.
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21.4 Submission of Tenders/ Bids:-
It shall be deemed that by submitting a BID, the Bidder has:
(a) made a complete and careful examination of the Bidding

Documents;
(b) received all relevant information requested from the
Employer;
(c) accepted the risk of inadequacy, error or mistake in the
information provided in the Bidding Documents or
furnished by or on behalf of the Employer. No claim
shall be admissible at any stage on this account.
(d) satisfied itself about all matters, things and information
including matters referred to in the Bidding Document
hereinabove necessary and required for submitting an
informed BID , execution of the Project in accordance
with the Bidding Documents and performance of all of
its obligations thereunder;
(e) acknowledged and agreed that inadequacy, lack of
completeness or incorrectness of information provided
in the Bidding Documents or ignorance of any of the
matters hereinabove shall not be a basis for any claim
for compensation, damages, extension of time for
performance of its obligations, loss of profits etc. from
the Employer , or a ground for termination of the
Contract by the Contractor;
(f) acknowledged that it does not have a Conflict of
Interest; and
(g) agreed to be bound by the undertakings provided by it
under and in terms hereof.
Tenders/Bids are to be submitted online in two folders at a time

for each work, one in Technical Proposal & the other in
Financial Proposal within the prescribed date & time using the
Digital Signature Certificate (DSC). The documents free from
virus, scanned, transformed into in-editable formats and duly
Digitally Signed are to be uploaded in web portal. Some
documents shall have to be submitted in physical /offline mode.
Documents (which are to be uploaded) shall include: The

Technical Proposal and Financial Proposal shall have to be
submitted online also on or before the time and date specified in
Table -1 in e-tender portal of Govt. of West Bengal i.e.
(http://wbetenders.gov.in/nicgep/app) as detailed below.
A) Part – I : Technical proposal (ONLINE ) :-
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Scanned copy to be uploaded in e-tender portal of Govt. of

West Bengal i.e. (http://wbetenders.gov.in/nicgep/app)
The Technical Proposal should contain scanned copies of the

following further two covers (folders).
A-1. Statutory Cover (to be submitted through online)
 Containing the forms, formats, undertakings, affidavits

etc. mentioned in Section –IV, of Bidding Documents
and specified in clause no 11 of ITB, Bidding
Document with necessary supporting documents.
Application shall be duly typed/ written and duly
signed in letter headed pad (as per format given);
 Scan copy of Bid Security as per format specified in

Section – IV with specified amount and specified
validly period as per Clause 19 of ITB, Bidding
Document;
 Scan copy of Cost of Bidding Document, Rs.
5,00,000/-( Rupees Five Lakh only) (Non-
Refundable and Non-Transferable) in the form of
Demand Draft drawn in favour of West Bengal
Highway Development Corporation Limited payable
at Kolkataas specified in IFB, Part -1.
A.2 . Non-Statutory Cover :
B) Part II : FINANCIAL BID (Online )
The Financial Proposal should contain the following document:
i) Letter of Tender/Bid in pdf format. Scan copy of properly

filled up format of Letter of Tender under signature of
Authorised Signatory shall be uploaded to the e-tendering
portal of Government of West Bengal i.e.
(http://wbetenders.gov.in/nicgep/app) only as per format
specified in Section – IV.
ii) Form of Tender /Bid in pdf format. Scan copy of properly

filled up format of Form of Bid under signature of
Authorised Signatory shall be uploaded to the e-tendering
portal of Government of West Bengal i.e.
(http://wbetenders.gov.in/nicgep/app) only as per format
specified in Section - IV.
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iii) Priced Bill of Quantities for all items of work described in

the Item Rate BOQ already uploaded in
(http://wbetenders.gov.in/nicgep/app). The Bidders is to
quote the item rate for all items of work described in the
Item Rate BOQ online in the space marked for quoting rate
in this BOQ and uploaded to the e-tendering portal of
Government of West Bengal i.e.
(http://wbetenders.gov.in/nicgep/app) only, as per clause
12, 13 14 and 19.
iv) Downloaded copies of the above documents are to be

uploaded which are virus scanned & Digitally Signed by
the pre-qualified Bidder.
HARD COPY OF FINANCIAL PROPOSAL SHALL NOT BE

SUBMITTED UNDER ANY CIRCUMSTANCES. IF HARD
COPY OF FINANCIAL BID IS SUBMITTED, BID SHALL
BE DECLARED NON-RESPONSIVE.
C) Technical Proposal (Offline )
The Bidder shall submit the Technical Proposal in hard bound

form with all pages numbered serially and by giving and index
of submissions. Applications submitted in other forms like spiral
bound form; loose form etc. shall be rejected. A Bidder shall
submit one hard copy (in original) and one copy ―Technical
Proposal‖ to the Chief General Manager, WBHDCL for the
Project applied by them within Date and Time as specified in
Table -1 at WBHDCL office. The Bidder shall submit the
following documents one in Original and in one copy, physically
in a separate Sealed Envelope Mkd. as Envelope ―1‖ [Offline
Document –―A‖] and Envelope ―2 ‖[Offline Document –―B‖]
stating name and reference of Work /Bid and name of the Bidder
within Bid Due Date and Time to the Chief General Manager,
WBHDCL as specified in Table - 1. Hard copy of document
shall be submitted in Sealed Envelope in addition to uploading
in electronic form in the e-tender portal in the following manner.
(I) Offline Document – ―A‖ (Not to be hard bound) :

Envelope ―1‖ [Offline Document –―A‖] shall contain only
Original Demand Draft towards Cost of Bidding amounting to

Rs. 5,00,000/-( Rupees Five Lakh only) (Non-Refundable and
Non-transferable) drawn in favour of West Bengal Highway
Development Corporation Limited payable at Kolkata.
(II) Offline Document – ―B‖ : Envelope ―2 ‖[Offline
Document –―B‖] shall contain the one original and one
copy of TECHNICAL BID comprising of:
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 Offline Document – ―B1‖: Envelope ―2A‖[Offline

Document –―B1‖] (Not to be hard bound)
containing Original Bid Security as per format
specified in section – IV with specified amount and
specified validly period as per Clause 19 of ITB,
Bidding Document.
 Offline Document – ―B2‖ Envelope ―2B‖[Offline

Document –―B2‖] (To be hard bound only, not
spirally bound ) containing :
(Technical Bid – Offline Document: Hard Copy in

Physical Form to be submitted with Technical Bid-
Offline Mode)
The Bidders shall prepare (hard bound only , not

spirally bound ) Hard Copy of one original and One
copy of documents (except Demand Draft and Bid
Security which should not be bound ) to be
submitted in physical form and submit in Sealed
Envelope marked Technical Bid –OFFLINE
DOCUMENT. Technical Bid –OFFLINE
DOCUMENT shall include all Forms and
Certificates, Undertakings, Affidavits and etc. as per
Section IV of this Bidding Document and any other
information pursuant to Clause 4 of ITB hereof.
Application shall be duly typed/ written and duly
signed in letter headed pad (as per Format given).
Documentary evidence mentioned in each form and

in relevant clauses is required to be submitted to
substantiate your claim. Copy of document
supporting legal status of the Bidder. Attach audited
financial statements (audited balance sheets) for the
last five years for the Bidder.
Envelope ―2A‖[Offline Document –―B1‖] (Not to be hard

Bound) and Envelope ―2B‖[Offline Document –―B2‖] (To
be hard bound only, not spirally bound ) together with their
respective enclosures shall be sealed and put inside outer
Envelope ―2‖[Offline Document –―B‖] and mark the
envelope as ―Technical Proposal‖ for the Project for which
proposal is submitted and name and address of the
Applicant. The envelope must be clearly marked ―DO NOT
OPEN, EXCEPT IN THE PRESENCE OF THE
EVALUATION COMMITTEE‖.
HARD COPY OF FINANCIAL PROPOSAL SHALL NOT
BE SUBMITTED UNDER ANY CIRCUMSTANCES .IF
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HARD COPY OF FINACIAL BID IS SUBMITTED, BID

SHALL BE DECLARED NON-RESPONSIVE.
NOTE :
Financial proposal for the Project is only to be submitted

online and no hard copy of the financial proposal should be
submitted.
If all envelopes are not sealed and marked as required, the Employer will
assume no responsibility for the misplacement or premature opening of
the Bid.
22.0Deadline for 22.1 Bids must be received by the Employer at the address as
Submission of Bids mentioned in the Bidding Documents and no later than the date
and time of BDD.
22.2 The Employer may, at its discretion, extend the deadline for the
submission of Bids by amending the Bidding Document in
accordance with ITB 8, in which case all rights and obligations of
the Employer and Bidders previously subject to the deadline shall
thereafter be subject to the deadline as extended.
23.0 Late Bids 23.1 The Employer shall not consider any Bid that arrives after the
Deadline for Submission of Bids, in accordance with ITB 22.
Any Bid received by the Employer after the deadline for
submission of Bids shall be declared late, rejected, and returned
unopened to the Bidder. If e-bid is received within BDD but
Technical Proposal-Offline Documents arrives after BDD, the
proposal shall be considered Late Bid and such Bid shall be
rejected . Such Late Bid shall be returned un-opened including the
Cost of Bidding Document and Bid Security.
24.0 Withdrawal, 24.1 The Bidder may modify, substitute or withdraw its Bid after
Substitution, and submission prior to the BDD. No Bid can be modified, substituted
Modification of Bids or withdrawn by the Bidder on or after the BDD& Time.
24.3 Ay alteration/modification in the Bid or additional information or

material supplied subsequent to BDD, unless the same has been
expressly sought by the Employer, shall be disregarded.
25.0Bid Opening 25.1 The Employer shall open the Bids in a transparent manner, in the
presence of Bidders` designated Representatives and anyone who
choose to attend, and at the address, date and time specified in the
BDS. Any specific electronic Bid opening procedures required if
electronic bidding is permitted in accordance with ITB and BDS.
25.2 Opening of Technical Proposal:-
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At first the Sealed Envelope (Mkd. Offline Documents “A” and

Offline Documents “B”) shall be opened physically and Demand
Draft for Cost of Bidding Document and Bid Security shall be
checked. If the documents in Envelop are in conformity with the
Bidding Document, Technical Bid in e-tendering portal
containing Cover (folder) of statutory documents under Section-A
would be opened first & if found in order, then Technical Bid in
e-tendering portal containing cover (Folder) for non- statutory
Documents under section-A will be opened. For any discrepancy /
dispute/ error/ in- conformity/ mismatch is found either in
statutory or non-statutory documents or in documents, the said
Bid / Tender may be rejected. At the time of downloading of
Technical Bid (for evaluation) if it is observed that, after trying
best (even getting advice from N.I.C. or going through Revocation
process) if any folder/file of web portal cannot be opened or found
not in a readable format, it may be established that, there is some
deficiency (due to missing operation) at intending tenderer‘s part
in uploading of requisite documents in web portal, accordingly for
such cases the Technical Bid of the respective Bidder will be
summarily rejected. So, at the time of uploading Bid& its
related supporting documents in web portal care should be
taken, so that during evaluation all the documents as to be
submitted by the Bidders can opened & can found neat and clean
in a readable format and as per prescribed .
25.3 The Bid Evaluation Committee of the Employer shall evaluate the
Technical Proposal as per the terms of ITB and BDS and prepare
a List of Technically Qualified Bidders which will be uploaded in
the e-tender Portal . The Financial Proposal of the Technically
Qualified Bidders shall only be opened by the Employer on
notified date and time.
25.4 The Employer shall prepare a record of the Bid opening that shall
include, as a minimum: the name of the Bidder; and the presence
or absence of a Bid Security in proper form ,amount and validity.
The Bidders‘ Representatives who are present shall be requested
to sign the record. The omission of a Bidder‘s signature on the
record shall not invalidate the contents and effect of the record.
E. Evaluation and Comparison of Bids
26.0Confidentiality 26.1 Information relating to the evaluation of Bids and

recommendation of contract award shall not be disclosed to
Bidders or any other persons not officially concerned with such
process until information on Contract award is communicated to
all Bidders.
26.2 Any attempt by a Bidder to influence the Employer in the

evaluation of the Bids or Contract award decisions may result in
the rejection of its Bid.
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26.3 Notwithstanding ITB 26.2, from the time of Bid opening to the
time of Contract award, if any Bidder wishes to contact the
Employer on any matter related to the Bidding Process, it may do
so in writing.
27.0 Clarification of Bids 27.1 To assist in the examination, evaluation, and comparison of the
Bids, and qualification of the Bidders, the Employer may, at its
discretion, ask any Bidder for a clarification(s) of its Bid. Any
clarification(s) submitted by a Bidder that is not in response to a
request by the Employer shall not be considered. The Employer‘s
request for clarification(s) and the response thereof shall be in
writing. No change in the prices or substance of the Bid shall be
sought, offered, or permitted,.
27.2 If a Bidder does not provide clarifications of its Bid by the date
and time set in the Employer‘s request for clarification, its Bid
may be rejected as non-responsive.
In case the Bid is not rejected, the Employer may proceed to

evaluate the Bid by construing the particulars requiring
clarification to the best of its understanding, and the Bidder shall
be barred from subsequently questioning such interpretation of the
Employer.
28.0 Deviations, 28.1 During the evaluation of Bids, the following definitions apply:
Reservations, and
Omissions (a) ―Deviation‖ is a departure from the requirements specified in
the Bidding Document;
(b) ―Reservation‖ is the setting of limiting conditions or

withholding from complete acceptance of the requirements
specified in the Bidding Document; and
(c) ―Omission‖ is the failure to submit part or all of the

information or documentation required in the Bidding
Document.
29.0 Determination of 29.1 The Employer‘s determination of a Bid‘s responsiveness is to be

Responsiveness based on the contents of the Bid itself, as provided in ITB11.
29.2 A substantially responsive Bid is one that meets the requirements

of the Bidding Document without material deviation, reservation,
or omission. A material deviation, reservation, or omission is one
that,
(a) if accepted, would
(i) affect in any substantial way the scope, quality, or

performance of the Works specified in the Contract; or
(ii) limit in any substantial way, inconsistent with the

Bidding Document, the Employer‘s rights or the
Bidder‘s obligations under the proposed Contract; or
28 | P a g e
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(b) if rectified, would unfairly affect the competitive position of

other Bidders presenting substantially responsive Bids.
29.3 The Employer shall examine the technical aspects of the Bid
submitted in accordance with ITB 16, Technical Proposal, in
particular, to confirm that all requirements of Section VI,
Specifications have been met without any material deviation or
reservation or omission.
29.4 If a Bid is not responsive to the requirements of the Bidding

Document, WBHDCL reserves the right to reject any such Bid
and no request for alteration, modification, substitution or
withdrawal shall be entertained by the WBHDCL in respect of
such Bid, it shall be rejected by the Employer and such Bid may
not subsequently be made responsive by correction of the material
deviation, reservation, or omission.
30.0 Nonmaterial 30.1 Provided that a Bid is substantially responsive, the Employer may
Nonconformities waive in its sole discretion any non-conformities in the Bid that
do not constitute a material deviation, reservation or omission.
30.2 Provided that a Bid is substantially responsive, the Employer may

request that the Bidder to submit the necessary information or
documentation, within a reasonable period of time, to rectify
nonmaterial nonconformities in the Bid related to documentation
requirements. Requesting information or documentation on such
nonconformities shall not be related to any aspect of the price of
the Bid. Failure of the Bidder to comply with the request may
result in the rejection of its Bid.
30.3 Deleted
31.0 Correction of 31.1 Deleted

Arithmetical Errors
31.2 Deleted
32.0 Conversion to Single 32.1 Deleted

Currency
33.0 Margin of 33.1 Unless otherwise specified in the BDS, a margin of preference
Preference shall not apply.
34.0 Evaluation of Bids 34.1 Technical Bids of those Bidders who have not submitted their Bid
online, shall not be considered for evaluation.
34.2 To evaluate a Bid, the Employer shall consider the following:
(a) Evaluation and Qualification Criteria in Section III;
(b) the Bid Price, and Priced BOQ in the Financial Proposal only.
34.3 The estimated effect of the price adjustment provisions of the

Conditions of Contract, applied over the period of execution of
the Contract, shall not be taken into account in Bid evaluation.
29 | P a g e
[PACKAGE-III]
34.4 Deleted
34.5 If the Bid, which results in the lowest Evaluated Bid Price, is
seriously unbalanced or front loaded in the opinion of the
Employer, the Employer may require the Bidder to produce
detailed price analyses for any or all items of the Bill of Quantities
as per format strictly in accordance with MORT&H Data Book, to
demonstrate the internal consistency of those prices with the
construction methods and schedule proposed. After evaluation of
the price analyses, taking into consideration the schedule of
estimated Contract payments, the Employer may require that the
amount of the performance security be increased at the expense of
the Bidder to a level sufficient to protect the Employer against
financial loss in the event of default of the successful Bidder
under the Contract.
35 .0Comparison of Bids 35.1 The Employer shall compare all substantially responsive Bids to
determine the lowest evaluated Bid, in accordance with ITB 34.1
and 34.2.
36.0 Qualification of the 36.1 The Employer shall determine to its satisfaction whether the
Bidder Bidders meet the qualifying criteria specified in Section III,
Evaluation and Qualification Criteria.
36.2 The determination shall be based upon an examination of the

documentary evidence of the Bidder‘s qualifications submitted by
the Bidder, pursuant to ITB 17.1.
36.3 An affirmative determination shall be a prerequisite for opening

of Financial Proposal. A negative determination shall result in
disqualification of the Bid and Financial Proposal of such non-
qualified Bidders shall not be opened.
37.0 Employer‟s Right to 37.1 The Employer reserves the right to accept or reject any Bid, and to
Accept Any Bid, and annul the Bidding Process and reject all Bids at any time prior to
to Reject Any or All Contract award, without thereby incurring any liability to Bidders
Bids without assigning any reasons thereof. In case of annulment, all
Bids submitted and specifically, bid securities, shall be promptly
returned to the Bidders.
F. Award of Contract
38.0 Award Criteria 38.1 The Employer shall award the Contract to the Bidder whose offer
has been determined to be the lowest evaluated Bid and is
substantially responsive to the Bidding Document.
39.0 Notification of 39.1 Prior to the expiration of the period of bid validity, the Employer
Award shall notify the successful Bidder, in writing, that its Bid has been
accepted. The notification letter (hereinafter and in the Conditions
of Contract and Contract Forms called the “Letter of
Acceptance”) shall specify the sum that the Employer will pay
the Contractor in consideration of the execution and completion of
the Works (hereinafter and in the Conditions of Contract and
30 | P a g e
[PACKAGE-III]
Contract Forms called ―the Contract Price‖) and the requirement

for the Contractor to remedy any defects therein as prescribed by
the Contract. At the same time, the Employer shall also notify all
other Bidders of the results of the bidding.
39.2 Until a formal Contract is prepared and executed subject to

submission of Performance Security, the notification of award
shall constitute a binding Contract which shall be in addition to
the Contract to be executed by the successful Bidder with the
Employer.
39.3 Deleted
40.0 Signing of Contract 40.1 Promptly after notification, the Employer shall send the successful
Bidder the Contract Agreement.
40.2 Within twenty-eight (28) days of receipt of the Letter of

Acceptance (LOA), the successful Bidder shall sign, date, and
return it to the Employer.
41.0 Performance 41.1 Within Fourteen (14) days of the receipt of notification of award
Security though Letter of Acceptance (LOA) from the Employer, the
successful Bidder shall furnish an unconditional and irrevocable
Performance Security in accordance with the Conditions of
Contract, subject to ITB 34.5, using for that purpose the
Performance Security Form included in Section IX, Annex to the
Particular Conditions - Contract Forms, or another form
acceptable to the Employer.
41.2 Failure of the successful Bidder to submit the above-mentioned

Performance Security or sign the Contract shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the Bid Security.
41.3The Performance Security shall be valid until 60 (sixty) days after

the Defects Notification Period with a claim period of 180 days.
The Contractor may initially provide the Performance Security
for a period of 2 (two) years; provided that it shall procure the
extension of the validity of the Performance Security, as
necessary, at least 60(sixty) days prior to the date of expiry
thereof.
41.4 The Contractor shall along with the Performance Security provide
to the Employer an irrevocable and unconditional bank guarantee
from a Bank for a sum equivalent to Rs.14.60 ......... crore( Rupees
.Fourteen Crore Sixty Lakhs )... crore) as "Additional
Performance Security", to be modified, mutatis mutandis, for this
purpose as security to the Employer if the Bid Price offered by the
Contractor is lower by more than 10% with respect to the
Estimated Project Cost. Additional Performance Security shall be
calculated as under:
(i) If the Bid Price offered by the Contractor is lower than 10%
but upto 20% of the Estimated Project Cost put to tender ,
31 | P a g e
[PACKAGE-III]
then the Additional Performance Security shall be calculated

@20% of the difference in the (a) Estimated Project Cost (as
mentioned in IFB )-10% of the Estimated Project Cost and
(b) the Bid Price offered by the selected Bidder.
(ii) If the Bid Price offered by the Contractor is lower than 20%
of the Estimated Project Cost, then the Additional
Performance Security shall be calculated @30% of the
difference in the (a) Estimated Project Cost (as mentioned in
IFB )-10% of the Estimated Project Cost and (b) the Bid
Price offered by the selected Bidder.
(iii) The Additional Performance Security shall be valid until 28
(twenty eight) days. after the Defects Liability Period and
shall have a Claim Period of 180 days
(iv) The Additional Performance Security shall not be treated as
part of Performance Security.
42.1 The Bidding Process shall be governed by, and construed in
42.0 Miscellaneous
accordance with, the laws of India and the Courts at Kolkata shall
have exclusive jurisdiction over all disputes arising under, pursuant
to and/ or in connection with the Bidding Process.
42.2 The Employer, in its sole discretion and without incurring any
obligation or liability, reserves the right, at any time, to;
(i) suspend and/ or cancel the Bidding Process and/ or amend

and/ or supplement the Bidding Process or modify the
dates or other terms and conditions relating thereto;
(ii) consult with any Bidder in order to receive clarification or
further information;
(iii) retain any information and/ or evidence submitted to the
Employer by, on behalf of, and/ or in relation to any
Bidder; and/ or
(iv) independently verify, disqualify, reject and/ or accept any
and all submissions or other information and/ or evidence
submitted by or on behalf of any Bidder.
42.3 It shall be deemed that by submitting the Bid, the Bidder agrees
and releases the Employer, its employees, agents and advisers,
irrevocably, unconditionally, fully and finally from any and all
liability for claims, losses, damages, costs, expenses or
liabilities in any way related to or arising from the exercise of
any rights and/ or performance of any obligations hereunder,
pursuant hereto and/ or in connection with the Bidding Process
and waives, to the fullest extent permitted by applicable laws,
any and all rights and/ or claims it may have in this respect,
whether actual or contingent, whether present or in future.
42.4All documents and other information supplied by the Employer

or submitted by a Bidder shall remain or become, as the case
32 | P a g e
[PACKAGE-III]
may be, the property of the Employer. The Employer will not
return any submissions made thereunder.
42.5 The Employer reserves the right to make inquiries with any of
the clients listed by the Bidder in their previous experience
record.
33 | P a g e
[PACKAGE-III]
Section II. Bid Data Sheet

Note: Section II, Bid Data Sheet, shall be filled in by the Employer before issuance of the
bidding documents [Instructions are provided below as needed, in italics].
ITB Clause
Bid Data
Reference
A. Introduction
ITB 1.1 The Reference Number of the Invitation for Bids/is : E-NIT No.:
WBHDCL/CGM/eNIT-3/2017-18 dated 21.09.2017.
ITB 1.1 The Employer is:
Chief General Manager
West Bengal Highway Development Corporation Limited, on behalf of
Managing Director.
ITB 1.1 The name and identification number of Contract of the ICB are as below:
Package Name of the Project length

No.
Package - Widening and Strengthening of existing length: 21
III road corridor connecting Mogra on SH- Km.
13 in Hooghly District with Barajaguli (Approxima
on NH-34 in Nadia District via Triveni, te)
Boropara, Kalyani and Kapa to 4/6 lane
divided carriageway including Grade-
separated corridor, ROB at Bansberia
and six-lane Extra-dosed Cable-stayed
Bridge over river Hooghly beside Iswar
Gupta Setu at Kalyani in the State of
West Bengal, India. (Approximate
length : 21 Km.)
[PACKAGE-III]
The works consist of following elements which is indicative of nature of

works :
i) Widening, strengthening (including) reconstruction of existing

2-lane road /4 lane road /6 lane road;
ii) Multi-span Extradosed Cable-stayed Bridge(six lane) over
34 | P a g e
[PACKAGE-III]
river Hoogly[Ganges] at the downstream of existing Iswar

Gupta Setu (hereinafter stated as Second Iswar Gupta
Setu[SIGS] );
iii) Major Bridge over river Saraswati;
iv) Six-lane/Four lane grade separator /fly-over with ROB(Road
Over Bridge over Railway Line ) at Bansberia from Boropara
junction to Iswar Gupta Setu on Hoogly side;
v) Grade-Seperator at Kalyani junction with elevated
carriageway and Bypass at Kampa with elevated carriageway;
vi) Toll Plaza, Cross drainage structures and Miscellaneous works
which shall include shifting of utilities and trees on the Project
corridor; and
vii) All Pre-construction activities which may include but not
limited to shifting utilities like electrical
(overhead/underground line ),water pipelines, telephone poles ,
electrical transmission towers , trees , buildings /hutments etc
to make site clear for all activities.
ITB 4.1 A joint venture (JV) shall be limited to a maximum of 2(two) partners (i.e.
Lead partner + One) and all partners of JV shall be jointly and severally
liable.
ITB 4.8 This Bid is open for all eligible bidders who satisfy the Evaluation and
Qualification Criteria as per Section –III.
B. Bidding Documents
ITB 7.1 Forquery and clarification purposes only, the Employer‘s address is:
Attention: The General Manager-III,
Address: West Bengal Highway Development Corporation Limited,HRBC

Bhavan,MunshiPrem Chand Sarani, Floor/Room number: 4th Floor.
City: Kolkata,ZIP Code: 700021, Country: India
Telephone: 033 2262 5267, Facsimile number: 033 2262 5266
Electronic mail address: wbhdcl@gmail.com
ITB 7.4 A Pre-Bid meeting will take place at the following date, time and place:
Date : as specified in Table -1, IFB

Time: as specified in Table -1, IFB
Place: West Bengal Highway Development Corporation Limited, Address:
HRBC Bhavan, MunshiPrem Chand Sarani, Floor/Room number: 5th
Floor, City: Kolkata, ZIP Code: 700021, Country: India.
35 | P a g e
[PACKAGE-III]
C. Preparation of Bids
ITB 10.1 The language of the bid is:ENGLISH
The Contract to be signed with the Successful Bidder and shall be written
in the language in which the Bid was submitted, which shall be the
language that shall govern the contractual relations between the Employer
and the Successful Bidder. A Bidder shall not sign a translated version of
its Contract.
Certificate of Translation:
I, ____________________________ declare that I am fluent in and

understand the English language and the __________________________
language. I am qualified to translate the study documents.
The [insert language] document titled “insert name of document” and

dated [insert date of document] is a true and accurate translation of the
English document titled “insert name of document” and dated [insert date
of document].
Translator’s Name (Print): _____________________________________

Address: ____________________________________________________
____________________________________________________________
Phone No.: (_____) - ______ - __________
Fax No.: (_____) - ______ - _________________
E-mail: __________________________________________
Signature
Date
ITB 11.1 (f) The Bidder shall submit with its bid the following additional documents:
[List the additional documents]:
NIL
36 | P a g e
[PACKAGE-III]
ITB 13.1 Alternative bids: Bidders are not permitted to submit alternative Bids.
ITB 14.5 The prices quoted by the Bidder shall be subject to adjustment during the
performance of the Contract in accordance with the provisions of the
conditions of Contract.
ITB 15.1 The currency of the Bid shall be as follows :
INDIAN NATIONAL RUPEE (INR)
ITB 18.1 The bid validity period shall be 180 DAYS FROM BDD
ITB 19.1 A bid security in form of Unconditional Bank Guarantee shall be required.
The amount and currency of the bid security shall be: INR Rs. 14.60
Crores (Rupees Fourteen Crores and Sixty Lakhs only).
ITB 20.1 In addition to the original of the Bid (only Technical Proposal), the
number of copies is: ONE.
ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder
shall Consist of: Legally Enforceable Power of Attorney.
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 executants(s) and when it is so
required, the same should be under common seal affixed in
accordance with the required procedure. Wherever required, the
Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders
resolution/ power of attorney in favour of the person executing this
Power of Attorney for the delegation of power hereunder on behalf
of the Bidder. For a Power of Attorney executed and issued
overseas, the document will also have to be legalized by the Indian
Embassy and notarized in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided
by Bidders from countries that have signed the Hague Legislation
Convention, 1961 are not required to be legalized by the Indian
Embassy if it carries a conforming Apostille certificate.
D. Submission and Opening of Bids

ITB 22.1
For Electronic submission of Technical and Financial Proposal: e-tender
portal of Govt. of West Bengal (https://wbtenders.gov.in/nicgep/app).
For Bid submission purposes [only Technical Proposal (Offline

Document)]only, the Employer’s address is:
37 | P a g e
[PACKAGE-III]
Attention: The Chief General Manager
Address: West Bengal Highway Development Corporation Limited,

HRBC Bhavan, Munshi Prem Chand Sarani, Floor/Room number: 4th
Floor, City: Kolkata, ZIP Code: 700021, Country: India
The deadline for bid submission is: BDD

For electronic submission :
Date: as specified in Table -1, IFB
For hard copy of Technical Proposal (Offline Document) submission

:BDD
ITB 25.1 The Technical Bid opening shall take place at:
Address: HRBC Bhaban, Munshi Prem Chand Sarani, Floor/Room

number: 5th Floor , City: Kolkata , ZIP Code: 700021, Country: India

E. Evaluation and Comparison of Bids

ITB 33.1 A margin of preference shall not apply.
38 | P a g e
[PACKAGE-III]
Section III. Evaluation and Qualification

Criteria
This Section contains all the methods, criteria, and requirements that the Employer shall use to
evaluate theBid . The information to be provided in relation to each requirement and the definitions
of the corresponding terms are included in the respective Application Forms.
Contents
1. Eligibility ............................................................................................................................... 1-40
2. Historical Contract Non-Performance ................................................................................... 1-41
3. Financial Situation ................................................................................................................. 1-43
4. Experience.............................................................................................................................. 1-47
39 | P a g e
Widening and Strengthening of existing road corridor connecting Mogra on SH-13 in Hooghly District with Barajaguli on NH-34 in Nadia District via Triveni, Boropara,
Kalyani and Kapa to 4/6 lane divided carriageway including Grade-separated corridor, ROB at Bansberia and six-lane Extra-dosed Cable-stayed Bridge over river
Hooghly beside Iswar Gupta Setu at Kalyani in the State of West Bengal, India. (Approximate length:21Km.), [PACKAGE-III]
Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture
No. Subject Requirement Single Entity Submission
All Parties Lead Partner Other Partner
Combined Requirements
1. Eligibility
1.1 Nationality India or abroad India or abroad One Partner India India or Abroad Forms ELI –
[REF 4.2 must be from 1.1 and 1.2,
ITB] India with
attachments
1.2 Conflict of No conflicts of interest Must meet JV must meet Must meet Must meet Application
Interest requirement requirement requirement requirement Submission
[REF 4.3 Form BF
ITB]
1.3 Employer Not having been declared Must meet JV must meet Must meet Must meet Application
Ineligibility ineligible for Bidding requirement requirement requirement requirement Submission
[REF 4.4 Form BF
ITB]
1.4 Government Bidder required to meet Must meet Must meet Must meet Must meet Forms ELI –
Owned Entity conditions requirement requirement requirement requirement 1.1 and 1.2,
[REF 4.5 with
ITB] attachments
40 | P a g e
Widening and Strengthening of existing road corridor connecting Mogra on SH-13 in Hooghly District with Barajaguli on NH-34 in Nadia District via Triveni,
Boropara, Kalyani and Kapa to 4/6 lane divided carriageway including Grade-separated corridor, ROB at Bansberia and six-lane Extra-dosed Cable-stayed Bridge
over river Hooghly beside Iswar Gupta Setu at Kalyani in the State of West Bengal, India. (Approximate length:21Km.), [PACKAGE-III]

Joint Venture
2. Historical Contract Non-Performance
2.1 History of Non-performance of any Must meet N/A Must meet Must meet Form CON-2.1
Non- contract did not occur requirement by requirement by requirement by & 2..2
Performing within the last 3 (Three) itself itself itself
Contracts financial years prior to
the financial year of Bid
Due Date (BDD) based
on all information on
fully settled disputes or
litigation. A fully settled
dispute or litigation is
one that has been
resolved in accordance
with the Dispute
Resolution Mechanism
under the respective
contract and where all
appeal instances
available to the Bidder
have been exhausted.
2.3 Pending The Bidder shall provide Must meet N/A Must meet Must meet Form CON –
Litigation accurate information on requirement by requirement by requirement by 2.1& 2.2
the related Application itself itself itself
Form about any litigation
or arbitration resulting
from contracts completed
or ongoing under its
execution over the last
three years financial
41 | P a g e

Joint Venture
years prior to the
financial year of Bid
Due Date (BDD).
42 | P a g e

Joint Venture
3. Financial Situation
3.1 Financial Submission of audited Must meet N/A Must meet Must meet Form FIN – 3.1
Performance balance sheets or if the requirement requirement requirement with
same is not required to be attachments
prepared by the law of
the Bidder‘s country, in
such case, other financial
statements acceptable to
the Employer, for the last
5 (five) financial years
preceding the Financial
Year of BDD to
demonstrate:
a) the Bidder is required (a) Must meet (a) N/A (a) Must meet (a) Must meet
to have positive Profit requirement requirement requirement
Before Tax (PBT) as
per audited Balance
Sheet /Audited Books of
Accounts in any of the
two financial years
during last
5(five)financial years
Year of BDD .
(b) Net Worth: Bidder (b) Must meet (b) Must meet (b) Must meet (b) ) Must meet
shall have minimum Net requirement requirement 70% (Seventy 30% (Thirty
Worth equivalent of percent )of the percent )of the
Rs78 Crores requirement requirement
43 | P a g e

Joint Venture
[SEVENTY EIGHT
CRORES INR ] (c) Must meet (c) Must meet (c) Must meet (c) ) Must meet
c) Shall have minimum requirement requirement 70%(Seventy 30% (Thirty
Working Capital (Net percent )of the percent ) of the
Cash Flow) equivalent to requirement requirement
at least Rs 100 Crores
[ONE HUNDRED
CRORES INR]at the
close of the Audited
Financial Year preceding
the Financial Year of
BDD.
Note:
1)The FY for a Bidder

/constituent of JV shall
be as per Bidder‘s
country norm.(i.e. either
Calendar year (January to
December or April –
March)
2)If the Working Capital

calculated from the
audited Balance Sheets is
negative then such
working capital shall be
44 | P a g e

Joint Venture
treated as zero. In case
there is a shortfall in the
Working Capital as per
this, the unutilized Cash
Credit Limits sanctioned
to the Bidder by the
Banks/Financial
Institutions of
international repute shall
be considered to meet the
shortfall. The statement
displaying Cash Credit
limits should not be more
than three months old as
on BDD.
3.2 Average Minimum average annual Must meet Must meet Must meet 70 %, Must meet 30 %, Form FIN – 3.2
Annual construction turnover of requirement requirement [Seventy [Thirty percent]
Construction Rs. 730 Crores [SEVEN percent] of the of the
Turnover HUNDRED THIRTY requirement requirement
CRORES INR ],
calculated as total
certified payments
received for civil
construction contracts
only in progress or
completed, within the last
5 [Five]financial years
45 | P a g e

Joint Venture
of BDD. To bring the
turnover amount to
current year rating ,
factor shall be multiplied
as follows:
Year Multiply
by
2016-17 and 1.00
thereafter
2015-16 1.050
2014-15 1.103
2013-14 1.158
2012-13 1.216
Note
[Annual Construction
Turnover should be
from construction of
highways / expressways
/ bridges / tunnels/
airfields /, ports/,
airports/ , railways /,
metro rail /,industrial
parks or other projects
with predominant civil
works .]
Currency conversion rate 1USD = INR 65
46 | P a g e

Joint Venture
4. Experience& Technical Capacity
4.1 General Experience under Must meet N/A Must meet Must meet Form EXP –
Construction construction contracts in requirement requirement requirement 4.1
Experience the role of prime
contractor for at least the
last 10 [Ten] financial
years preceding the
Financial Year of BDD.
4.2 Specific Participation as prime Must meet Not Applicable Must meet 70 %, Must meet 30 %, Form EXP
(a) Construction contractor, in at least requirement [Seventy [Thirty 4.2(a)
Experience 1[one] contract within the percent] of the percent] of the
last 5 [Five]financial requirement requirement
years preceding Financial [
Year of BDD, with a
value of at least Rs730
Crores [SEVEN
HUNDRED THIRTY
CRORES INR] that
have been successfully
and substantially
completed.
Provided further: if the

Bidder is of nationality
other than Indian, the
Bidder must have
acquired this Specific
Construction Experience
in country other than its
47 | P a g e

Joint Venture
country of its nationality
to be qualified for this
sub-criteria either as
single entity or JV.
The works shall be

considered to be similar
works if they include:
(i) Major Bridge over

river/ sea / ocean
consisting of piling
/well foundation /
/prestressed/reinforc
ed concrete bridge
or steel
girder/composite
girder bridge
/elevated Metro
Railway corridor
(ii) Fly-over, elevated

carriageway , ROB
(iii) Flexible or rigid

pavement in
construction of 4/6
48 | P a g e

Joint Venture
lane highway with
mechanized
construction
[Refer NOTE :2]

To bring the completed
construction cost to
current year rating, factor
shall be multiplied as
follows:
Year Multiply
by
2016-17 and 1.00

thereafter
2015-16 1.050
2014-15 1.103
2013-14 1.158
2012-13 1.216
4.2 Construction Must have, during last Must meet Must meet Must meet Must meet Form EXP –
(b) Experience 10 [TEN] Financial requirements requirements requirements requirements 4.2 (b)
:Key years preceding the
Activities Financial Year of BDD, A] A] Any TWO of A],
a minimum construction +B]+C]+D+E] +B]+C]+D]+E] Any TWO of A] B, C], D] , E]
experience in each of the , B], C], D], E]
following key activities: Provided
Provided A]+B+C]+D]+E]
49 | P a g e

Joint Venture
A]+B+C]+D]+E] is met
is met collectively with
A] Experience of collectively with Lead Partner
undertaking large other Partner
diameter Bored Cast in
Situ pile (Diameter equal
to or greater than 1500
mm] in river or sea or
ocean.
B] Experience of
completed construction
of Cable Stayed or
Extra-dosed Cable
Stayed Bridge with at
least one cable stayed
span length of not less
than 100 m carrying
Standard Two Lane (as
per IRC) highway/road .
C] Experience of
completed Construction
of Road over Bridge
(ROB) on running
railway track.
50 | P a g e

Joint Venture
D] Experience of
completed Mechanized
Road Construction works
for 100 Lane kilometers
in single completed
project and
E] Experience of
completed elevated
carriageway /flyover
/bridge with
RCC/PSC/Steel-
concrete composite
girder. Length of such
Bridge must be not less
than 500m in a single
elevated carriageway
/flyover /bridge (Road
/non-structure approach
shall not be counted
within the length of the
bridge). Summation of
small elevated carriage
way /flyover /bridge
shall not be considered.
51 | P a g e

Joint Venture
[Refer Note:2]
4.3a) Equipment The Bidder should own Must Meet Must Meet Must Meet Must Meet Form :EQUIP
Capacity or should have assured Requirement Requirement Criteria for Lead Criteria for Other CAP and
ownership to the Partner Partner Affidavit for
following key items of Deployment of
equipment, in full Mandatory
working order and must Equipment
demonstrate that based
on known commitments;
they will be available for
use in the proposed
contract.
List of Equipment is
given at the end of
Section III
4.3 b) Technical The Bidder should have Must meet Must meet Must Meet Must Meet FORM PER
Personnel Technical Manpower as requirement requirement Criteria for Lead Criteria for Other CAP,
Capacity per List of Mandatory Partner Partner FORMAT
Personnel provided at the PER-4.3b) and
end of Section -III Affidavit for
Deployment of
Mandatory
Technical
Personnel
4.4 Bid Capacity Bidder shall Must Meet Must Meet Must Meet 70% Must meet not Form :BID
52 | P a g e

Joint Venture
demonstrate to have Requirement Requirement [Seventy percent less than 30% CAP (A, B C )
Bid Capacity for Rs ] of Requirement [Thirty percent] and Bid
1460 (ONE of the Capacity
THOUSAND FOUR requirement. Calculation in
HUNDRED SIXTY form of an
CRORES). The Affidavit 4.4
available bid capacity
will be calculated as
under:
Assessed Available Bid
Capacity = (A*N*2*-B),
where
A = Maximum value of
work executed in any one
year during the last five
years preceding the
financial year of BDD
(updated to the current
price level, if applicable)
rate of inflation may be
taken as
2016-17 1.00
and
thereafter
2015-16 1.050
2014-15 1.103
2013-14 1.158
2012-13 1.216
53 | P a g e

Joint Venture
, which will take into

account the completed as
well as works in
progress;
B = Value at current
price level of the existing
commitments and
ongoing works to be
completed during the
next “N” year (where
“N” = likely period of
completion of work) and
N = Number of years
prescribed for completion
of the works for which
the bid is invited shall be
taken as 4.0.
Note: In case of a joint

Venture, the available bid
capacity will be applied
for each partner to the
extent of his proposed
participation in the
execution of the works.
For Bid Capacity
calculation, year shall be
taken as Calendar Year .
54 | P a g e
Note:
1)The works may have been executed by the Bidder as Prime Contractor only or as a member of joint venture, in which case Joint Venture is
Prime Contractor. Experience as Sub-Contractor shall not be considered. In case a project (whose experience has been claimed as qualifying
credential) has been executed by a joint venture by an Bidder, weight age toward experience for the project would be given in proportion to their
participation of the Bidder in the above-said joint venture for the project( whose experience has been claimed as qualifying credential). To
ascertain the proportion of participation in Joint Venture, Joint Venture Agreement/Joint Bidding Agreement at the time of signing of respective
project agreement/Contract shall only be considered without taking into consideration any subsequent amendment to such JV Agreement,
altering the proportion of participation in Joint Venture.
In case of Public Private Partnership (PPP) Project, EPC Contractor of Concessionaire shall be treated as Prime Contractor.
Substantially completed work means:
a) For Contracts which are not in Public Private Partnership Mode [ PPP](i.e. not a BOT/DBFOT/BOT-Annuity/DBFOT-Annuity) –
i) if Employer has “Taken Over” the project (whole of the project or all Sections of the Project if Contract has Sectional
Milestones) on the basis of Substantial Completion Certificate issued by Engineer to the Project /Employer. In addition, a
Certificate from the employer shall be submitted along with the Application incorporating clearly the name of the work.
Contract value, billing amount, date of commencement of work, Date(s) of Taking Over and satisfactory performance of
the Contractor and any other relevant information. Or
ii) If Taken Over has not taken place but If the Contractor has received gross payment (including escalation and variation ,
if any ) for an amount equal to or more than 90 % [Ninety Percent ] of the Initial Contract Price as on last day of the
month previous to Bid Due Date and Contractor submits a Certificate of such gross payment from the Employer of the
Project .
b)In case of Public Private Partnership Project, (i.e. BOT/DBFOT/BOT-Annuity/DBFOT-Annuity)
55 | P a g e
It should have been undertaken as a PPP project for providing its output or services to a public sector entity or for providing non-
discriminatory access to users in pursuance of its charter, concession or contract, as the case may be. For the avoidance of doubt, a project
which constitutes a natural monopoly such as an airport or port should normally be included. The experience as Prime Contractor /EPC
Contractor, actually undertaking the construction work shall only be considered; appropriate certificate in form acceptable to the Employer
shall be required to be submitted by the Bidder. The PPP project shall be reckoned as substantially complete if Certificate of Commercial
Operation Date(COD) /Provisional Commercial Operation Date (PCOD ) or equivalent as per respective Concession Agreement has been
issued by the Independent Engineer /Employer and Certificate stating clear dates and details in form acceptable to the Employer is
furnished.
In all cases as under a) & b) , Certificate as to value of work executed must be issued by the Engineer and countersigned or confirmed by the
Employer [for non-PPP Project ] or Concessionaire duly countersigned by Independent Engineer /Auditor of Concessionaire (for BOT Project))
and confirmed by the Employer [for PPP Project ] to clearly demonstrate fulfilment of requirement under Clause 4.2a) under Section –III.
2)If such experience above for the Bidder is in project executed in Joint Venture (JV) only proportion of participation in JV shall be applied to
arrive at the eligible credential for qualification in the following manner.
For example. If the Bidder is in JV with 60% proportion in the project executed and completed a Cable stayed Bridge of length 1000m with span
100m then Bidder shall be considered to have credential for
60x1000 m = 600m
100
In case of experience of completed construction of Cable Stayed or Extra-dosed Cable Stayed Bridge with at least one cable stayed span
length of not less than 100 m carrying Standard Two Lane (as per IRC) highway/road, span length of the span shown in qualification criteria shall
be taken as full and shall not be splitted in proportion of Joint Venture for evaluation . Bidder who claims specific experience under B] for a
project executed in Joint Venture shall submit Certificate issued by Employer of the Project cited, which must demonstrate to the satisfaction of
WBHDCL that Bidder in JV has actually undertaken/participated in construction of the Cable Stayed or Extra-dosed Cable Stayed Bridge of
the Project, major components of works executed like foundation, substructure, superstructure, manpower and machineries deployed in
construction of such including Cable Stayed or Extra-dosed Cable Stayed Bridge with document demonstrating a) deployment of Technical
Manpower in such project b) deployment of machineries on ownership basis /lease hire (to submit ownership /lease document of equipment ) and
such other documents which can conclusively prove that Bidder has actually participated in execution in a substantial manner. In case such
56 | P a g e
Bidder, fails to submit such Certificate or relevant documents, establishing its participation in construction of Cable-stayed Bridge, to the
satisfaction of WBHDCL, such Bidder may not be considered for this qualification, and such decision shall be final and binding, on all Bidders.
Similarly if same Bidder with proportion of 60% in JV in the project has completed 200 lane km in single project, then such Bidder shall be
considered to have credential of
60x200=120 lane Km
100
If the Bidder is in JV with 60% proportion in the project executed and completed an elevated carriageway /flyover /bridge of length 1000m
then Bidder shall be considered to have credential for
60x1000 m = 600 m
100
Road and structure may belong to same project or different projects. Experience both Road and Structure under D] shall be required to comply
with experience under D]‖
However for Piling and ROB, experience of Bidder in JV shall be considered without any weightage in JV for execution of such respective
project.‖
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Barajaguli on NH-34 in Nadia District via Triveni, Boropara, Kalyani and Kapa to 4/6 lane divided
carriageway including Grade-separated corridor, ROB at Bansberia and six-lane Extra-dosed Cable-stayed
Bridge over river Hooghly beside Iswar Gupta Setu at Kalyani in the State of West Bengal, India.
(Approximate length:21Km.), [PACKAGE-III]
4.5 Proposed Planning, Method Statement and Deployment [Ref ITB Clause 16.1]
The Bidder should attach descriptions, drawings and charts as necessary on the following to comply with
the requirements of the Bidding documents:
Site Organization;
Method Statement (Proposed Methodology and Work Programme);
Mobilization Schedule (Equipment Planning, Personnel and Deployment);
Construction Schedule; and
Quality Assurance Programme and Safety measures.
The proposed methodology and programme of construction, backed with equipment planning and
deployment, duly supported with broad calculations and quality control procedures proposed to be
adopted, justifying their capability of execution and completion of the Work as per technical
specifications within the stipulated period of completion as per milestones.
4.6 Confirmation of Visit to Site of Works and Source of Construction Materials prior to submission
of Bid. The confirmation shall be submitted in Form of an Undertakings /Affidavits.
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List of Mandatory Equipment
List of Major Equipment for the Purpose of Assessment of Equipment

Capacity under Section :III
SOLE BIDDER OR LEAD MEMBER OF THE JOINT VENTURE MUST DEMONSTRATE to
have assured ownership to the following key items of equipment, in full working order, and must
demonstrate that, based on known commitments; they will be available for use in the proposed
contract.
Item
Description Unit Qty
No.
1.00 Foundations, onshore

1.01 Bored piling machine Nos 1
1.02 RCD Drill Bit 1.8m diameter Nos 1
1.03 Tower crane, capacity 12t, reach 35m Nos 1
1.04 Onshore batching plant for concrete production Nos 1
2.00 Foundations, offshore
2.01 Bored piling machine on jack up barge/platform Nos 1
2.02 RCD Drill Bit 1.8m diameter Nos 1
2.04 Barge 30mx15m with lifting points @ 100ton each Nos 2
3.05 Offshore batching plant for concrete production Nos 1
4.00 Pylon
4.01 Tower crane, capacity 15t, reach 40m Nos 4
ROAD EQUIPMENTS
SOLE BIDDER OR OTHER MEMBER OF THE JOINT VENTURE MUST DEMONSTRATE to

have assured ownership to the following key items of equipment, in full working order, and
must demonstrate that, based on known commitments; they will be available for use in the
proposed Contract
Maximum Age of
Minimum Number
Sl No Equipment Equipment one month
required
prior to BDD
1 Motor Grader 4 7 YEARS
2 Paver Finisher with Electronic Sensor 2 7YEARS
3 Bitumen Sprayer 2 7 YEARS
4 Hot Mix Plant (160TPH or more) 1 7 YEARS
5 Wet Mix Plant 1 7 YEARS
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List of Mandatory Technical Personnel
Mandatory Key personnel for the project

(Reference Sub-factor 4.3(b) of SECTION-III)
Bidder must have suitably qualified personnel to fill following positions. The Table below is
the minimum requirement of mandatory personnel. Bidder must provide additional technical
personnel, as required and supporting personnel.
Sl. Qualification and experience of Key Personnel Nos

Key Personnel
No. related to Bridge project / Road project required
B.E. Civil + atleast 25 Years Exp in Bridge

1. Project Co-ordinator 1 No.
Projects / Road Projects
2. Design Director 1 No
Sr. Geo-technical B.E. Civil + atleast 20 Years Exp in Bridge
3. 1 No
Engineer Projects
Post Graduate Diploma in Industrial Safety &
Environmental Management/M.E.in Industrial
Safety/ [(B.E./B.Arch / B.Tech.) with (Advance
4. Sr. Safety Manager Safety diploma/Advance Safety Management 1 No
diploma/Diploma in Safety)] + 5 Years Exp
or
B.E. in Fire and Safety Engg. With 7 Years Exp.
5. Project Manager 2 Nos.
B.E. Civil + 5 Years Exp in Bridge Works
6. Site Engineer (Bridges ) or 6 Nos.
Diploma Civil + 10 years Exp. in Bridge Works
B.E. Civil + 3 Years in Road Works
7. Site Engineer (Roads) or 6 Nos.
Diploma Civil + 10 years Exp. in Road Works
B.E.Mech + 5 Years Exp. in Bridge Projects /
Road Projects
8. Plant Engineer
or 4 Nos.
(Mechanical)
Dip Mech + 10 Years Exp. in Bridge Projects /
Road Projects
B.E .Civil + 3 Years Exp.
9. Quantity Surveyor or 6 No.
Diploma Civil + 10 years Exp.
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B.E.Civil + 5 Years Exp.

Quality cum Material
10. or 4 Nos.
Engineer
Diploma Civil + 10 years Exp.
11. Geo-technical Engineer B.E .Civil + 5 Years Exp. in Bridge Project 4 Nos.
Diploma in Civil Engineering / Diploma in
12. Surveyor Surveying + 5 Years‘ Experience in Bridge 8 Nos
project / Road project
B.Sc. (Physics / Chemistry/ Maths)/Diploma in
Engg. with one year diploma course in Advance
13. Safety Supervisor 4 Nos
Safety/Advance Safety Management / Safety
Engineering
Total 46 Nos.
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Section IV - Bidding Forms

This Section contains the forms to be completed by the Bidder and submitted as part of its Bid.
Table of Forms
i) Forms and Formats
Sl No Forms and Formats in Section -IV
I. Form [BF-GEN ] : Bid Submission Form and Attachment to FORM [BF-GEN]

II. Form [BF-LEGAL ] : Statement of Legal Capacity
III. Form ELI -1.1: Bidder‟s Information Form
IV. Form ELI -1.2: Bidder's Party Information Form
V. Form CON – 2: Historical Contract Non-Performance

VI. Form FIN – 3.1: Financial Situation
VII. Form FIN - 3.2: Average Annual Construction Turnover
VIII. Form EXP - 4.1: General Construction Experience
IX. Form EXP - 4.2(a): Specific Construction Experience
X. Form EXP - 4.2(b): Construction Experience in Key Activities
XI. FORM EQUIP CAP : Equipment Capacity
XII. FORM PER CAP: Personnel Capacity
XIII. FORMAT: PER CAP 4.3 (b): Candidate Summary
XIV. FORM BID CAP 4.4

Bidder must submit Evidence of access to or availability of credit facility minimum Rs. 100 Crore
XV. (One Hundred Crore) and certified by the Bankers (Not more than Three (3 ) months old) as per
Format enclosed in Section -IV
XVI. Proposal, if any, for Sub-contracting of the Work, if any.
XVII. Format POA: Power of Attorney for Signing of Bid as per Format enclosed in Section -IV.
XVIII. Format JBA : Joint Bidding Agreement between JV partners, if applicable
XIX. Format :POA JV-LM : If applicable, the power of Attorney for Lead Member of JV
62 | P a g e
Proposed work method and schedule. The Bidder should attach descriptions, drawings and
charts as necessary on the following to comply with the requirements of the Bidding
documents.
 Site Organisation
 Method Statement (Proposed Methodology and Work Programme);
XX.  Mobilization Schedule (Equipment Planning , Personnel and Deployment) ;
 Construction Schedule and
 Quality Assurance Programme and Safety measure
The proposed methodology and programme of construction, backed with equipment planning and
deployment, duly supported with broad calculations and quality control procedures proposed to be
adopted, justifying their capability of execution and completion of the Work as per technical
specifications within the stipulated period of completion as per milestones.
UNDERTAKINGS AND AFFIDAVITS
a) Undertaking confirming that the Bidder has visited site prior to submission of Bid per Format
enclosed in Section -II;
b) Undertaking that Bid shall remain valid for the period specified in Clause 11 as per Format
XXI. enclosed in Section -II;
c) Affidavits for deployment of mandatory Personnel as per Format enclosed in Section -IV;
d) Affidavits for deployment of mandatory Equipment as per Format enclosed in Section -IV;
e) Affidavits for Submission of Bid as per Format enclosed in Section -IV;
f) Affidavits for Information on Bid Capacity to calculate Bid Capacity as per Format enclosed
in Section-IV.
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Bid Submission Form [BF-GEN]

The Bidder must accomplish the Bid Submission Form [BF-GEN] on its letterhead clearly showing the Bidder’s complete name
and address.
Date: [insert day, month, year]

ICB No. and title: [insert ICB number and title]
To: [insert full name and address of Employer]
Subject: Bid for [insert name of the project]
We, the undersigned, declare that:
a) We have examined and have no reservations to the Bidding Documents, including

Addendum(s) No(s), issued in accordance with Instructions to Bidders (ITB) Clause
8: [insert the number and issuing date of each addendum].
b) We offer to execute in conformity with the Bidding Documents the following Works:
[ . . .insert narrative . . .].
c) Our Bid consisting of the Technical Bid and the Price Bid shall be valid for a period
of 180 days from the Bid Due Date in accordance with the Bidding Documents, and it
shall remain binding upon us and may be accepted at any time before the expiration of
that period.
d) We have nationalities from eligible countries, in accordance with ITB Sub-Clause 4.2:
[insert the nationality of the Applicant, including that of all partners in case of a Joint
Venture
e) We, do not have any conflict of interest, in accordance with ITB Sub-Clause 4.3;
f) [insert either "we are not a Government owned entity" or "we are a Government
entity, and we meet the requirements of ITB Sub-Clause 4.5];
g) We do not fall in category of ineligible Bidder as per ITB Sub Clause 4.4 as on Bid
Due Date;
h) We understand that you may cancel the bidding process at any time and that you are
neither bound to accept any Bid that you may receive nor to invite the qualified bidders
to bid for the Contract subject of this bidding, without incurring any liability to the
Bidder, in accordance with ITB Clause 37.
i) If our Bid is accepted, we commit to mobilizing key equipment and personnel in
accordance with the requirements set forth in bidding documents and our technical
proposal, or as otherwise agreed with the Employer.
j) We understand that in the event of any information furnished by us being found later on
to be incorrect or any material information having been suppressed, the following
action may be taken against us in addition to the rights available to the Employer under
the Bidding Documents/Contract, as the case may be :
64 | P a g e
i. Any tender/Bid submitted by us on the basis of this may not be considered.

ii. If any tender/Bid from us is accepted and a Contract awarded to us on the
basis of our qualification, the tender/Bid acceptance may be withdrawn and
the Contract awarded to us cancelled without any financial claim / arbitration
request from our side.
(In the case of a joint venture add this paragraph)
This Bid is submitted on behalf of a joint venture comprising …………………………..

(Joint Venture to state the names of each partner) ………………………………… and of
which ……………. (JV to insert name of Lead Partner of Joint Venture) has agreed to act as
leader. Each partner of the JV has prepared a statement of participation in relation to this Bid
and these are contained in Section 1 herewith on page________
A Power of Attorney to sign and submit this letter is attached on page _________
Signed [insert signature(s) of an authorized representative(s) of the Bidder]
Name [insert full name of person signing the Bid]
In the Capacity of [insert capacity of person signing the Bid]

Duly authorized to sign the Bid for and on behalf of:
Bidder‟s Name [insert full name of Bidder] Address

[insert street number/town or city/country address]
Dated on [insert day number] day of [insert month], [insert year]
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Attachment to FORM [BF-GEN]

FORMAT OF LETTER OF PARTICIPATION FROM EACH PARTNER
OF A JOINT VENTURE
(Separate letter is required from each JOINT VENTURE PARTNER in Firm‟s Letter Head)
Ref: Dated:
(Partner to provide date and reference no)
Dear Sir,
We, hereby make Bid for qualification as a Bidder for the subject Project, we submit
herewith one Original and Copy of the required documents.
We wish to confirm that our company/firm (delete as appropriate) has formed a Joint Venture
with ……… (Member to insert name of other partners in Joint Venture) for purposes
associated with Contract Number _____.
We understand that in the event of any information furnished by us being found later on to be
incorrect or any material information having been suppressed, the following action may be
taken against us in addition, to the provisions of Qualification Requirement and the rights
available to the Employer under the Bidding Documents/Contract, as the case may be
i. Any tender/Bid submitted by us on the basis of this may not be considered.

ii. If any tender/Bid from us is accepted and a Contract awarded to us on the basis of our
qualification, the tender/Bid acceptance may be withdrawn and the Contract awarded
to us cancelled without any financial claim / arbitration request from our side.
(Partner who is not the Lead Partner of the Joint Venture, should add the following
paragraph).
The Joint Venture is led by ……………………………… (Partner to insert name of Lead

Partner), whom we hereby authorise to act on our behalf for the bidding process of above
mentioned Project.
(Lead Partner should add the following paragraph)
In this Joint Venture we act as Lead Partner and, for the bidding process of above mentioned
Project, represent the Joint Venture. In the event of the Bid submitted by our Joint Venture
being accepted by the Employer, we agree to be jointly (with other Partner of our JV) and
severally responsible and liable to the Employer, its successors and assigns for all
66 | P a g e
obligations, duties and responsibilities arising from or imposed by the Contract to be entered
into between Employer and our Joint Venture.
A Power of Attorney as per Format provided in the Bidding Document to sign and submit
this letter is attached on page _________
A Joint Bidding Agreement as per Format provided in the bidding document is attached on
page_____
Yours faithfully,
(Signature) ……………………………………………………
(Name of Signatory) …………………………………………
(Capacity of Signatory) ………………………………………
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Form [BF-Legal]
Statement of Legal Capacity
(To be forwarded on the letterhead of the Bidder/ Lead Member of Joint Venture)
Ref. Date:
Dear Sir,
We hereby confirm that we/ our Partners in the Joint Venture (constitution of which has been
described in the Bid) satisfy the terms and conditions laid out in the Bidding Documents.
We have agreed that …………………… (insert Partner‘s name) will act as the Lead Partner
of our Joint Venture.*
We have agreed that ………………….. (insert individual‘s name) will act as our
Representative/ will act as the Representative of the Joint Venture on its behalf* and has been
duly authorized to submit the Bid. Further, the authorized signatory is vested with requisite
powers to furnish such letter and authenticate the same.
Thanking you,
Yours faithfully,
(Signature, name and designation of the authorized signatory)
For and on behalf of……………………………..
*Please strike out whichever is not applicable.
68 | P a g e
Form ELI -1.1

Bidder‟s Information Form

Page[insert page number]of [insert total number]pages
Bidder‘s Information
Bidder‘s legal name
[insert full legal name]
In case of Joint Venture (JV), legal name of each partner:
[insert full legal name of each partner in JV]
Bidder‘s Actual country of constitution:
[indicate country of constitution]
Bidder‘s actual year of constitution:
[indicate year of constitution]
Bidder‘s legal address in country of constitution:
[insert street/ number/ town or city/ country]
Bidder‘s Authorized Representative information:
Name: [insert full legal name]
Address: [insert street/ number/ town or city/ country]
Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]
E-mail address: [indicate e-mail address]
Mobile No :
Attached are copies of original documents of:
 Memorandum and Articles of Incorporation or Documents of Constitution, and documents of
registration of the legal entity named above, in accordance with ITB 4.1 & ITB 4.2.
 Authorization to represent the firm or Joint Venture named above, in accordance with ITB 20.2.
 In case of JV, Joint Bidding Agreement, in accordance with ITB 4.1.
 In case of Government owned entity, documents establishing legal and financial autonomy and
compliance with commercial law, in accordance with ITB 4.5.
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Form ELI -1.2

Bidder's Party Information Form
[Each member of the Joint Venture and Specialist Subcontractor must fill out this form separately.]
Page [insert page number] of [insert total number] pages
Joint Venture
JV Bidder‘s legal name:
[insert full legal name]
Joint Venture Partner‘s legal name:
[insert full legal name of Applicant's Party]
Joint Venture Partner‘s country of constitution:
[indicate country of registration]
Joint Venture Partner‘s year of constitution:
[indicate year of constitution]
Joint Venture Partner‘s legal address in country of constitution:
[insert street/ number/ town or city/ country]
Joint Venture Partner‘s Authorized Representative information:
Name: [insert full legal name]
Address: [insert street/ number/ town or city/ country]
Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]
E-mail address: [indicate e-mail address]
Attached are copies of original documents of
 Memorandum and Articles of Incorporation or Documents of Constitution, and documents of
registration of the legal entity named above, in accordance with ITB 4.1 & ITB 4.2.
 Authorization to represent the firm named above, in accordance with ITB 20.2.
 In case of Government owned entity, documents establishing legal and financial autonomy and
compliance with commercial law, in accordance with ITB 4.5.
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Form CON – 2.1&2.2

Historical Contract Non-Performance & Pending Litigation
[The following table shall be filled in for the Bidder and for each partner of a Joint Venture]
Bidder‘s Legal Name: [insert full name]

Joint Venture Party Legal Name:[insert full name]
Historical Contract Non-performance

Total Contract
Amount (in Indian
Year Contract Identification
Rupees or US$
equivalent)
[insert Contract Identification: [indicate complete contract name/ [insert amount]
year] number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for non-performance: [indicate main reason(s)]
Pending Litigation
Year Contract Identification Total Contract

Amount (In
Indian Rupees or
US$ equivalent)
[insert Contract Identification: [indicate complete contract name, [insert amount]
year] number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Matter in dispute: [indicate main issues in dispute]
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Form FIN – 3.1

Financial Situation
[The following table shall be filled in for the Bidder and for each member of a Joint Venture]
Bidder‘s Legal Name: [insert full name]

Bidder‘s Party Legal Name: [insert full name]
1. Financial data
2. Name of Bidder or Partner of a Joint Venture.
3. Applicable for all Partners of Joint Venture.
4. Bidders, including each partner of a Joint Venture, should provide financial
information to demonstrate that they meet the requirements stated in the Instructions
to Bidders. Each Bidder or partner of a joint venture shall complete this form. If
necessary, use separate sheets to provide complete banker information. A copy of the
audited balance sheets should be attached.
Banker Name of Banker

Address of banker
Telephone/Mobile No : Contact name and title
Fax E-mail
5. Summarize actual assets and liabilities in Indian Rupees (INR) equivalent (at the rates
of exchange current at the end of each year) for the previous five years. Based upon
known commitments, summarize projected assets and liabilities in INR equivalent for
the next two years.
6. Statement
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Financial
Projected: Next
information in Actual : Previous five years
two years
Indian rupees
2015- 2014- 2013- 2012- 2017- 2018-

2016-17
16 15 14 13 18 19
1. Non-
Current
Asset
2. Current
Assets
3. Current
Liabilities
4. Non-
Current
Liabilities
5. Working
Capital
6. Liquid
Asset
7. Profits
before
taxes [PBT]
8. Profits
after
taxes
[PAT]
7. Specify proposed sources of financing such as liquid assets, unencumbered real

estates, lines of credit and other financial means, net of current commitments,
available to meet the total construction cash flow demands of the subject contract or
contracts as indicated in Instructions to Applicants.
8. STATEMENT OF CASH ACCRUALS (Provide in separate sheet for each entity

)
Bidder Type NET CASH ACCRUALS Net

Worth
FY-16- FY-15- FY-14- FY-13- FY-12- FY-16-
17 16 15 14 13 17
Sole Bidder or
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Lead Partner
including other
Partner of Joint
Venture
TOTAL
Instructions:
1. The Bidder including each member of Joint Venture shall attach copies of the balance
sheets, financial statements and Annual Reports for 5 (five) Financial years preceding
the Financial of Bid Due Date.
The financial statements shall:
a. reflect the financial situation of the Bidder;

b. be audited by a statutory auditor;
c. be complete, including all notes to the financial statements; and
d. correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).
2. Net Cash Accruals shall mean Profit after Tax + Depreciation.
3. Net worth is usually defined as the aggregate value of the paid up share capital and all
reserved created out of profits and securities premium account after deducting
aggregate value of accommodated losses, deferred expenditure and miscellaneous
expenditure not written off as per audited Balance Sheet but does not includes
reserves created out of revaluation of assets, write-back of depreciation and
amalgamation.
4. Year 1 will be the latest completed financial year, proceeding the financial year of
BDD.
Year 2 shall be the year immediately preceding Year 1 and so on.
5. The Bidder shall also provide the name and address of the Bankers to the Bidder.
6. The Bidder shall provide an Auditor‘s Certificate specifying the net worth of the
Bidder and also specifying the methodology adopted for calculating such net worth in
accordance with Bidding Document. Calculation adopted to arrive at Net Worth must
be shown.
7. The Bidder including members of Joint Venture shall provide copies of the balance
sheets and/or financial statements for [number] years pursuant to Section III,
Evaluation and Qualifications Criteria, Sub-factor 3.1. The financial statements shall:
a. reflect the financial status of the Bidder or partner to a JV and not sister
74 | P a g e
or parent companies. For the avoidance of doubt, the financial statements

of the parent company or group company or a sister concern of an
applicant shall not be considered.
b. be audited by a certified accountant.
c. be complete, including all notes to the financial statements.
d. correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).
 Attached are copies of financial statements (balance sheets, including all

related notes, and income statements) for the [number] years required above
(Evaluation and Qualification Criteria, Sub-Factor 3.1)
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Form FIN - 3.2

Average Annual Construction Turnover
Bidder's/Joint Venture Partner's Legal Name: [insert full name]

Bidder's Party Legal Name: [insert full name]
Annual Turnover Data (Construction Only)
Year Amount and Currency US$ equivalent or INR

[indicate year] [insert amount and indicate currency] [insert amount in INR or US$
equiv.
Average
Annual
Construction
Turnover *
Average annual construction turnover calculated as total certified payments received for work
in progress or completed, divided by the number of years specified in Section III, Evaluation
and Qualification Criteria, Sub-Factor 3.2.
The Bidder‘s financial evaluation vis a vis the requirement as stipulated above shall be done
on the basis of duly printed Annual Report for the last 5 (five) financial years preceding the
financial year of BDD submitted by the Bidder along with the Bid. Further, standalone
audited Annual Financial Statement of Applicant shall be forming part of the Annual Report.
In case, if Bidder has not submitted the above Annual Report along with Bid, then a
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certificate from CEO/CFO of the Bidder shall be submitted along with Bid mentioning that
the requirement of Annual Report is not mandatory as per governing law of country. In such
cases duly notarized copies of Audited Annual Financial Statement (Balance Sheet, Profit &
Loss Statement, Cash Flow Statement, Auditor‘s Report thereon including all relevant
Schedules/ annexure etc.) for the last 5 (five) financial years preceding the financial year of
BDD be submitted by the Bidder along with the Bid. In case where audited financial results
for the immediately preceding year are not available, then a statement of account as on the
closing date of the immediately preceding financial year depicting the Turnover, Profitability
and Net Worth (calculated as per laid down criteria) duly certified by their Statutory Auditor/
Certified Public Accountant carrying out the statutory audit shall be enclosed with the Bid
along with copy of appointment letter of the Statutory Auditor / CPA as Statutory Auditor. In
addition to above wherever Audited Annual Financial Statement contain turnover pertaining
to other activities besides construction turnover of Bidder‘s and breakup of construction
turnover is not directly available from such financial statements, then statement of account
depicting the construction turnover for that year duly certified by their Statutory Auditor shall
also be enclosed with the Bid. Wherever, the Annual Report/ duly notarized copies of
Audited Annual Financial Statement are based on other than English language, then duly
printed & translated in English language duly certified by English translator shall be
submitted with the Bid. For the purpose of compliance to the stipulated turnover criteria
given at Financial Criteria, the construction turnover from Joint Venture(s) in proportion to
the participation share of the Bidder(s)/proposed JV partner(s) as declared in the Joint
Bidding Agreement shall be considered. The proportionate JV Turnover shall be certified by
their Statutory Auditor in the absence of not appearing the same in Auditor Financial
Statement.
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Form EXP - 4.1

General Construction Experience

[Identify contracts that demonstrate continuous construction work over the past [number]
years pursuant to Section III, Qualification Criteria and Requirements, Sub-Factor 4.1.List
contracts chronologically, according to their commencement (starting) dates.]
General Construction Experience
Starting Ending Role of

Month / Month / Contract Identification Bidder
Year Year
[indicate [indicate Contract Name: [insert full name] [insert
month/ month/ Brief Description of the Works performed by "Contractor” or
year] year] the "Subcontractor”
Applicant: [describe works performed briefly] ]
Amount of contract: [insert amount in US$
equivalent]
Name of Employer: [indicate full name]
Address: [indicate street/number/town or
city/country]
Telephone/Fax/Email :
Contract name: [insert full name] [insert
Brief Description of the Works performed by "Contractor” or
the "Subcontractor”
Applicant: [describe works performed briefly] ]
Amount of contract: [insert amount in US$
equivalent]
city/country]
Contract name: [insert full name] [insert
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Brief Description of the Works performed by "Contractor” or

the "Subcontractor”
Applicant: [describe works performed briefly] or "Contract
Amount of contract: [insert amount in US$ Manager”]
equivalent]
city/country]
Note:
Bidder or in case of JV , constituent of JV as Applicant shall submit details of works executed by

them in the above for the works to be considered for qualification of work experience criteria.
Documentary proof such as:
 copy of Letter of Acceptances (LOA) and Copy of Priced Contract Agreement,
 copy of certificates from Client/Employer clearly indicating the nature/scope of work,
actual completion cost and actual date of completion for such work should be submitted
as per sub-factor 4.1 of Section III
The Form submitted without documentary proof may not be evaluated at the sole discretion of
the Employer. In case the work is executed for private client following documents shall be submitted,
 copy of work order and Priced Agreement;
 copy of bill of quantities;
 copy of final/last bill paid by client.
Certificate must be issued by Employer in Employer‘s letter head and seal with contact details with
address, telephone no. and E-mail/fax of the issuing Authority.
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Form EXP - 4.2(a)

Specific Construction Experience

All Bidders must complete the information in this form as per Section III, Evaluation and
Qualification Criteria, Sub-Factor 4.2(a).
Specific Construction Experience
Similar Contract No.

[insert number] of [insert number Information
of similar contracts required]
Contract Identification [insert contract name and number, if applicable]
Award date [insert day, month, year]
Completion date [insert day, month, year]
Role in Contract Contractor  Subcontractor 

[check the appropriate box]
Total Contract Amount [insert total contract amount in local US$ [insert
currency] total contract
amount in US$
equivalent]
[insert a [insert total [insert total
If partner in a JV, or subcontractor,
percentage contract amount in contract amount
specify participation in total
amount] local currency] in US$
contract amount
equivalent]
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Employer's Name [insert full name]

Address: [indicate street / number / town or city / country]
Telephone/fax number [insert telephone/fax numbers, including country

and
city area codes]
E-mail:
[insert e-mail address, if available]
Similar Contract No. Information
[insert number] of [insert number of
similar contracts required]
Description of the similarity in
accordance with Sub-Factor 4.2(a)
of Section III:
1. Amount [insert amount in US$ in words and in

Figures]
2. Physical size [insert physical size of activities]
3. Complexity [insert description of complexity]
4. Methods/Technology [insert specific aspects of the methods/technology

involved in the contract]
5. Other Characteristics [insert other characteristics as described in

Section V, Scope of Works]
Note:
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Bidder or in case of JV , constituent of JV as Applicant/Bidder shall submit details of works executed

by them in the above for the works to be considered for qualification of work experience criteria.
 copy of certificates from Client/Employer clearly indicating the nature/scope of work,
actual completion cost and actual date of completion for such work should be submitted.
The Form submitted without this the said documentary proof may not be evaluated at the sole
discretion of the Employer. In case the work is executed for private client, following documents
shall be submitted,
 copy of work order,
 copy of bill of quantities,
Certificate must be issued by Employer in Employer‘s letter head and seal with contact details with
address, telephone no and E-mail/Fax of the issuing Authority.
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Form EXP - 4.2(b)

Construction Experience in Key Activities

All Bidders must complete the information in this form as per Section III, Evaluation and
Qualification Criteria, Sub-Factor 4.2(b).
Key Activity [insert brief description of the Activity, emphasizing its specificity]
Description of Activity Requirement
A] Experience of undertaking large diameter Bored Cast in Situ pile

(Diameter equal to or greater than 1500 mm] in river, sea or ocean. Yes
B] Experience of completed construction of Cable Stayed or Extra-dosed
Cable Stayed Bridge with at least one cable stayed span length of not less
Yes
than 100 m carrying Standard Two Lane (as per IRC) highway/road. .
C] Experience of completed Construction of Road over Bridge (ROB)
Yes
on running railway track.
D] Experience of completed Mechanized Road Construction works for
100 Lane kilometers in single completed project and Yes
E] Experience of completed elevated carriageway/flyover/bridge with
RCC/PSC/Steel-concrete composite girder. Length of such Bridge
must be not less than 500m in a single elevated carriageway
/flyover /bridge (Road /non-structure approach shall not be counted Yes
within the length of the bridge). Summation of small elevated
carriage way/flyover/bridge shall not be considered.
Use Separate Sheet for Each Bidder and /or Activity
Contract Identification [insert contract name and number, if applicable]

Award date [insert day, month, year]
Completion date [insert day, month, year]
Role in Contract Contractor Subcontractor
[check the appropriate box]  
Total Contract Amount [insert total contract amount in US$ [insert Total
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local currency] contract amount

in US$
equivalent]
If party in a JV, specify participation [insert a [insert total [insert total
of total contract amount percentage contract amount contract amount
amount in local in US$
currency] equivalent]
Certificate* from Employer with

Date of Commencement and
Completion clearly demonstrating
that Contractor has undertaken and
completed activities as per
requirement of A], B], C] and D]
under Section – III (Sub-Factor
4.2(b))
*Please See Note Below.
Employer‘s Name : [indicate street / number / town or city / country]
Address: [insert telephone/fax numbers, including country and
Telephone/fax number city area codes] [insert e-mail address, if available]
E-mail:
Signature of the Bidder with Name
Note:
Bidder or in case of JV , constituent of JV as Applicant shall submit details of works executed by

them in the above for the works to be considered for qualification of work experience criteria.
 copy of completion certificates from Client/Employer clearly indicating the nature/scope
of work, actual completion cost and actual date of completion for such work should be
submitted. Employer„s certificate shall clearly incorporate the required relevant
information as mentioned above in A), B), C) and D) separately.
 Copy of approved GAD of Railway/ copy of employer‟s certificate.
The Form submitted without this the said documentary proof may not be evaluated at the sole
discretion of the Employer. In case the work is executed for private client following documents shall
be submitted,
 copy of work order,
 copy of bill of quantities,
Certificate must be issued in Employer in Employer‘s letter head and seal with contact details with
address, telephone No and E-mail/Fax of the issuing Authority.
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FORM: EQUIP CAP

Equipment Capacity [Refer 4.3 under Section: III]
Name of Bidder or each partner of a Joint Venture
The Bidder shall provide adequate information to demonstrate clearly that it has the
capability to meet the requirements for each and all items of equipment listed below this
Format. A separate Form shall be prepared for each item of equipment, or for alternative
equipment proposed by the Bidder. Documentary evidence must be attached along with
each Form of EQUIP CAP.
Item of equipment :
Equipment 1. Name of manufacturer : 2. Model and power rating
Information :
3. Capacity : 4. Year of manufacture :
Current Status 5. Current location:
6. Details of current commitments :

Status
Source 7. Indicate source of the equipment :
Owned Rented Leased Specially manufactured
Omit the following information for equipment owned by the Bidder
Owner 8. Name of owner :

9. Address of owner :
Telephone : Contact name and title :

Fax : E-mail :
Agreements Details of rental / lease / manufacture agreements specific to the

Project.
The Bidder should own or should have assured ownership to the following key items of
equipment, in full working order, and must demonstrate that, based on known commitments;
they will be available for use in the proposed Contract.
The bidder must own / hired through lease agreement in between leaser & lessee as required
plant & machinery (Detail as mentioned below). The required plant & machineries of
prescribed specification as shown in format. Conclusive proof of own /hired (tax invoice,
waybill, delivery challan, incorporation in the balance sheet as fixed assets for own and lease
85 | P a g e
agreement in between leaser & lessee for hired) for each plant & machinery in working
condition shall have to be submitted. Present location of installation of main plant &
machineries and status are mentioned clearly in written. If the same is already engaged in
other works, then name of client along with his contact no. should be furnished in the
declaration by the intended Applicant countersigned by the client with tentative date of
release of such plant & machineries where the same are presently engaged. If necessary,
authority may inspect plant & machinery physically or called for the original documents as
proof of ownership of the same.
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FORM: PER CAP

Personnel Capacity [Refer 4.3(b) under Section: III]
Name of Bidder or each partner of a Joint Venture
For specific positions essential to contract management and implementation, Bidders should
provide the names of candidates qualified to meet the specified requirements stated for each
position. The data on their experience should be supplied in separate sheets for each
candidate.
1.
Title of Position
Name of Candidate
2.
Title of Position
Name of Candidate
3.
Title of Position
Name of Candidate
4 and
Title of Position
onwards
Name of Candidate
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FORMAT: PER CAP 4.3 (b)

CANDIDATE SUMMARY
Name of the Bidder or each partner of Joint Venture:
Position
Candidate 1. Name of Candidate 2. Date of Birth
Information
3. Professional qualifications
Present Name of employer

employment
Address of employer
Telephone Contact (manager/personnel officer)
Fax E-mail
Job title of Candidate Years with present employer
Summarize professional experience in reverse chronological order. Indicate particular technical and
managerial experience relevant to the Project
Company / Project / Position / Relevant technical and managerial

From To
experience
Note: The above information should be filled separately for different contracts. For each of such
Candidate, provide Copy of TDS Certificate for Salary issued by the Firm for the relevant
Period to such Candidate. Copy of supporting Documents regarding Qualification Certificate,
identity proof and age proof of the Candidate shall be submitted.
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FORM: BID CAP-4.4

Current Contract commitments / works in progress
Name of Bidder or each Partner/Member of a Joint Venture
Bidders and each Partner/ Member to a Joint Venture should provide information on their
current commitments on all contracts that have been awarded, or for which a letter of intent
or acceptance has been received, or for contracts approaching completion, but for which an
unqualified, full completion certificate has yet to be issued.
In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and
provide the Joint Venture Partner’s name below:
Joint Venture Partner: ___________________
(A) Current Commitment of Works /Contract:
Name of
Percent- Name and Estimated
the Stipula Value
age of Address Contract completion
contract, Contract ted of
SL. participati of Client value date stating
Location No. & date of outstan
NO. on of firm (including (Indian reasons of
and Date comple ding
in the Tel. /Fax Rupees) delay, if
Nature of tion work
project no.) any
the work
1 2 3 4 5 6 7 8 9
1
6
etc.
(B) Works for which bids already submitted:
Description Place & Name & Estimated Stipulated Date when Remarks, if
of works Slate Address of value of period of decision is any
Employer works (Rs completion expected
Cr)
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1 2 3 4 6 6 7
(C) Experience as Prime Contractor on Works of Similar Nature over the Last Five Years
Project Name of Description Contract Value of Date of Stipulated Actual date Remarks
Name the of Work No. and Contract issue period of of explaining
Employer date of completion completion* reasons for
work delay in
order work
completion,
if any
*Attach certificate (s) from the engineer(s)-incharge or a notarized self-certificate.
Show Calculation of Bid Capacity on the basis of data furnished in above Forms and
attach an Affidavit certifying the Bid Capacity.
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FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF

CREDIT FACILITIES
[CLAUSE 11 OF ITB]
BANK CERTIFICATE
This is to certify that M/s. ______________________________________________ (the

―Company‖) * is a reputed company with a good financial standing.
If _______________________(Insert Name of the Project) (the ―Project‖) is awarded to the

above firm, we shall provide overdraft/credit facilities to the extent of
Rs_______________________ to meet the working capital requirements of the Company for
executing the Project during the Contract Period as mentioned in the Contract.
___________________
(Signature and Seal)
Name of Bank
Senior Bank Manager
Address of the Bank
*Applicable for sole bidder or each member of joint venture
1. Proposed work method and schedule. The Bidder should attach descriptions,
drawings and charts as necessary on the following to comply with the
requirements of the Bidding documents. [Refer ITB Clause 16.1]
 Site Organisation
 Method Statement (Proposed Methodology and Work Programme);
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 Mobilization Schedule (Equipment Planning , Personnel and Deployment) ;
 Construction Schedule and
 Quality Assurance Programme and Safety measure
2. Bidders should provide the following affidavits/ undertakings as per formats

enclosed hereinafter to fulfil the requirements of Clause 11 and Clause 16 of the
Instructions to the Bidders.
(i) Affidavits
(ii) Undertakings
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Affidavit for deployment of Mandatory Key Personnel

(SUB-FACTOR 4.3(b) of SECTION -III)
(To be executed on Stamp paper of appropriate value)
I/we, the undersigned do hereby undertake and confirm that if the Contract for the work of
undertaking _______________________ (insert Name of the Work) (the ―Project‖) is
awarded to me/us. I/we shall deploy the Minimum Key Personnel as provided in Section III or
necessary Key Personnel as required for completion of the works within stipulated completion
period (from the Commencement Date) as mentioned in the Invitation for Bids (IFB).
I also hereby agree that any failure on my/our part to comply with this undertaking any time
during the validity of the Contract shall make the Contract liable for termination and/or
forfeiture of my/our Performance Security at the sole discretion of the Employer.
_____________________________________
(Signed by an Authorised Signatory of the Bidder)
__________________
Title of Officer
Name of Firm
Date
(Notarised)
Person identified by me/ personally appeared before me/
Attested/ Authenticated*
(*Notary to specify as applicable)
(Signature Name and Address of the Notary)
Seal of the Notary

Registration No. of the Notary
Date:………………
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Affidavit for deployment of mandatory Equipment

(SUB-FACTOR 4.3(a) SECTION-III)
I/We, the undersigned do hereby undertake and confirm that if the Contract for the work of
undertaking _______________________ (insert Name of the Work) (the ―Project‖) is
awarded to me/us, I/we shall deploy the minimum number of equipment required for the
Project as provided in Section III and shall commence deployment of major
equipment/machineries immediately after date of commencement of the Contract or
necessary major equipment/machineries as required for completion of the works within
stipulated completion period (from the Commencement Date) as mentioned in the Invitation
for Bids (IFB).
I/We also hereby agree that any failure on my/our part to comply with this undertaking
any time during the validity of the Contract shall make the Contract liable for termination
and/or forfeiture of my/our Performance Security at the sole discretion of the Employer.
_____________________________________
__________________
Title of Officer
__________________
Name of Firm
_______________
Date
(Notarised)
Seal of the Notary

Date:………………
94 | P a g e
AFFIDAVIT
For Submission of Bid
(CLAUSE 11 OF ITB)
1. I/ We, having examined the Bid Documents and understood its contents, hereby submit
my/our Bid for award for the work of undertaking _______________________ (insert
Name of the Project) (the ―Project‖). The Bid is unconditional and unqualified.
2. I/ We, the undersigned, do hereby certify that all the statements made in the required
attachments are true and correct.
3. I/ We, the undersigned also hereby certify that neither the Bidder {nor any of the
members of the Joint Venture} have abandoned any work on National Highways or
State PWDs in India nor any contract awarded to us/Joint Venture for such works
have been rescinded, during last five years prior to the date of this Bid.
4. I/ We, the undersigned hereby authorise(s) and request(s) any bank, person, firm or
corporation to furnish pertinent information deemed necessary and requested by the
Employer to verify this statement or regarding my (our) competence and general
reputation.
5. I/ We shall make available to the Employer any additional information it may find
necessary or require to supplement or authenticate my/our Bid.
6. I/ We, the undersigned understand that the Employer or its authorised representatives
may make visits to the site of the Project and the undersigned hereby undertakes to
provide access to and extend all clarifications, data, information related to progress,
equipment, material, finance and performance including reference to the Employer or
its authorised representatives.
7. I/ We acknowledge the right of the Employer to reject our Bid without assigning any
reason or otherwise and hereby waive, to the fullest extent permitted by applicable
law, our right to challenge the same on any account whatsoever.
8. I/ We understand that the Employer may cancel the Bidding Process at any time and
that the Employer is neither bound to accept any Bid that it may receive nor to invite
the Bidders to Bid for the Project, without incurring any liability to the Bidders, in
95 | P a g e
accordance with the Bidding Documents.
9. I declare that we/any Member of the Joint Venture, or our/ its Associates are not a
Member of a/any other Joint Venture submitting a Bid for the Project.
10. I/ We hereby irrevocably waive any right or remedy which we may have at any stage
at law or howsoever otherwise arising to challenge or question any decision taken by
the Employer in connection with the selection of the Bidder, or in connection with the
Bidding Process itself, in respect of the Project and the terms and implementation
thereof.
11. In the event of my/ our being awarded the Project, I/we agree to enter into the
Contract in accordance with the draft that has been provided to me/us along with the
Bid Documents. We agree not to seek any changes in the aforesaid draft and agree to
abide by the same.
12. I/ We, the undersigned understand that except to the extent as expressly set forth in
the Contract, we shall have no claim, right or title arising out of any documents or
information provided to us by the Employer or in respect of any matter arising out of
or relating to the Bidding Process including the award of the Project.
13. I/ We agree and understand that the Bid is subject to the provisions of the Bidding
Documents. In no case, I/we shall have any claim or right of whatsoever nature if the
Project is not awarded to me/us or our Bid is not opened or rejected.
14. The undersigned binds himself with all the stipulations of the Bidding Document
including period of completion, provision of adequate equipment, personnel and other
resources required for completion within the stipulated completion period and agrees
to augment them, if found necessary for timely completion of the project.
15. Undersigned understands and agrees that mobilisation must be made in due earnest
immediately after issuance of Letter of Acceptance and actual execution of work on
ground must start from the Commencement Date.
_____________________________________
(Signed by an Authorised Signatory of the Firm/Joint Venture)
__________________
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Title of Officer
__________________
Name of Firm
_______________
Date
(Notarised)
Seal of the Notary

Date:………………
97 | P a g e
AFFIDAVIT
Information on Bid Capacity to calculate Bid Capacity in accordance with

Clause 11 of ITB
I/We, the undersigned do here by declare and certify that the Bid Capacity on date of
submission of the Bid (BDD) for the _______________________ (insert Name of the
Work) (the ―Project‖) under NIT No _____________Dated
________________________________ is Rupees ___________________(In Figures and
word) .
__________________
Title of Officer
__________________
Name of Firm
_______________
Date
(Notarised)
Seal of the Notary

Date:………………
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UNDERTAKING FOR SITE VISIT

(SUB-FACTOR 4.6 OF SECTION -III)
I/We, the undersigned do hereby confirm that I/we have visited the Site of the Works of
undertaking _______________________(insert Name of the Work) (the ―Project‖) and its
surroundings and obtained all information about the Site and surroundings which shall include
but not be limited to the Site conditions, traffic, location, surroundings, climate, availability of
power, water and other utilities for construction, access to Site, handling and storage of
materials, weather data, applicable laws and regulations, and all other information that may be
necessary for preparing my/our Bid and entering into the Contract for undertaking the Project.
I/We also confirm that we/I would not claim any compensation, damages, extension of time for
performance of obligations, loss of profits etc. maintainable basis the condition of the Site of
Works of the Project whatsoever.
_____________________________________
__________________
Title of Officer
_________________
Name of Firm
_________________
Date
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UNDERTAKING FOR BID VALIDITY

(CLAUSE 18 OF ITB)
I, We the undersigned do here by undertake that my/our Bid for the work undertaking
_______________________(insert Name of the Project) (the ―Project‖) shall remain valid for
a period of [ . . .insert bid validity period as specified in ITB 18.1 of the BDS . . .] days from the
Bid Due Date in accordance with the Bidding Documents.
_____________________________________
__________________
Title of Officer
__________________
Name of Firm
__________________
Date
100 | P a g e
[FORMAT FOR POA]

Format for Power of Attorney for signing of Bid

(Reference clause 11.1 of ITB)
Know all men by these presents, We…………………………………………….. (name of the

firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint
and authorize Mr./ Ms. (name), …………………… son/daughter/wife of
……………………………… and presently residing at …………………., who is presently
employed with us/ the Lead Member of our Joint Venture 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 the
__________ (insert Name of the Project) (the ―Project‖) proposed or being developed by
the West Bengal Highway Development Corporation Ltd. (the ―Employer‖) including but
not limited to signing and submission of all applications, BIDS and other documents and
writings, participate in Pre Bid and other conferences and providing information/responses to
the Employer, representing us in all matters before the Employer, signing and execution of all
contracts including the Contract and undertakings consequent to acceptance of our Bid, and
generally dealing with the Employer in all matters in connection with or relating to or arising
out of our Bid for the said Project and/ or upon award thereof to us and/or till the entering
into of the Contract with the Employer.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds
and things 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 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 …………. 2…...
For
…………………………..
(Signature, name, designation and address)
Witnesses:
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1.
(Notarised)
Accepted
……………………………
(Signature)
(Name, Title and Address of the Attorney)
Notes:
i. 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 executants(s) and when it is so required, the same should be
under common seal affixed in accordance with the required procedure.
ii. Wherever required, the Bidder should submit for verification the extract of the
charter documents and documents such as a board or shareholders
resolution/ power of attorney in favour of the person executing this Power of
Attorney for the delegation of power hereunder on behalf of the Bidder.
For a Power of Attorney executed and issued overseas, the document will also have
to be legalized by the Indian Embassy and notarized in the jurisdiction where the
Power of Attorney is being issued. However, the Power of Attorney provided by
Bidders from countries that have signed the Hague Legislation Convention, 1961
are not required to be legalized by the Indian Embassy if it carries a conforming
Apostille certificate.
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Format: POA JV-LEAD MEMBER

(Reference clause 11.1 of ITB)
(To be executed on Stamp Paper of appropriate value)
Format for Power of Attorney for Lead Member of Joint Venture
Whereas the WBHDCL (―the Employer‖) has invited BIDS from interested eligible bidders
for the ***** (insert Name of the Project) (the ―Project‖).
Whereas, …………………….., and …………………….. (collectively the ―Joint Venture‖)

being Members of the Joint Venture are interested in bidding for the Project in accordance
with the terms and conditions of the Request for Proposal (RFP)/Bidding Document and
other connected documents in respect of the Project, and
Whereas, it is necessary for the Members of the Joint Venture to designate one of them as the
Lead Member with all necessary power and authority to do for and on behalf of the Joint
Venture, all acts, deeds and things as may be necessary in connection with the Joint
Venture‘s Bid for the Project and its execution.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS
We, M/s ………….having our registered office at ……………….., M/s.

…………………….. having our registered office at ……………………..,
(hereinafter collectively referred to as the ―Principals‖) do hereby irrevocably designate,
nominate, constitute, appoint and authorize M/s …………………….. having its registered
office at …………………….., being one of the Members of the Joint Venture, as the Lead
Member and true and lawful attorney of the Joint Venture (hereinafter referred to as the
―Attorney‖). We hereby irrevocably authorize the Attorney (with power to sub-delegate) to
conduct all business for and on behalf of the Joint Venture and any one of us during the
bidding process and, in the event the Joint Venture is awarded the Contract, during the
execution of the Project and in this regard, to do on our behalf and on behalf of the Joint
Venture, all or any of such acts, deeds or things as are necessary or required or incidental to
the pre-qualification of the Joint Venture and submission of its Bid for the Project, including
but not limited to signing and submission of all applications, bids and other documents and
writings, participate in bidders and other conferences, respond to queries, submit information/
documents, sign and execute contracts and undertakings consequent to acceptance of the bid
of the Joint Venture and generally to represent the Joint Venture in all its dealings with the
Employer, and/ or any other Government Agency or any person, in all matters in connection
with or relating to or arising out of the Joint Venture‘s bid for the Project and/ or upon award
thereof till the Contract is entered into with the Employer.
AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things 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 our
said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to
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have been done by us/ Joint Venture.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED

THIS POWER OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…
For ……………………..
(Signature)
……………………..
(Name & Title)
For ……………………..
(Signature)
……………………..
(Name & Title)
Witnesses:
1.
2.
………………………………………
(Executants)
(To be executed by all the Members of the Joint Venture)
Notes:
i. 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.
ii. Wherever required, the Bidder should submit for verification the extract of the
charter documents and documents such as a board or shareholders
resolution/ power of attorney in favour of the person executing this Power of
Attorney for the delegation of power hereunder on behalf of the Bidder.
For a Power of Attorney executed and issued overseas, the document will also have
to be legalised by the Indian Embassy and notarised in the jurisdiction where the
Power of Attorney is being issued. However, the Power of Attorney provided by
Bidders from countries that have signed the Hague Legislation Convention, 1961
are not required to be legalised by the Indian Embassy if it carries a conforming
Apostille certificate.
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Format: JBA
Format for Joint Bidding Agreement for Joint Venture

THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of
………… 20…
AMONGST
1. {………… } and having its registered office at ………… (hereinafter referred to

as the ―First Part‖ which expression shall, unless repugnant to the context include its
successors and permitted assigns)
AND
2. {…………} and having its registered office at ………… (hereinafter referred to as the
―Second Part‖ which expression shall, unless repugnant to the context include its successors
and permitted assigns).
The above mentioned parties of the FIRST and SECOND PART are collectively referred to
as the “Parties” and each is individually referred to as a “Party‖.
WHEREAS:
(A) West Bengal Highway Development Corporation Limited (hereinafter referred to as

the ―Employer‖ which expression shall, unless repugnant to the context or meaning
thereof, include its administrators, successors and assigns) has invited bids (the
“Bids”) from eligible bidders vide NIT No………… for ……………. Project (the
“Project”) through an item rate Contract.
(B) The Parties are interested in jointly bidding for the Project as members of a Joint
Venture and in accordance with the terms and conditions of the Bidding Document
through an item rate Contract.
(C) It is a necessary condition under the Bidding Document that the members of the
Joint Venture shall enter into a Joint Bidding Agreement and furnish original
copy thereof with the Bid.
NOW IT IS HEREBY AGREED as follows:
1. Definitions and Interpretations
In this Agreement, the capitalised terms shall, unless the context otherwise
requires, have the meaning ascribed thereto under the Bidding Documents in respect
of the Project.
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2. Joint Venture
2.1 The Parties do hereby irrevocably constitute a Joint Venture (the ―Joint
Venture‖) for the purposes of jointly participating in the Bidding Process for the
Project.
2.2 The Parties hereby undertake to participate in the Bidding Process only
through this Joint Venture and not individually and/ or through any other Joint
Venture constituted for this Project, either directly or indirectly.
3. Covenants
The Parties hereby undertake that in the event the Joint Venture is declared the
selected Bidder and awarded the Project, it shall enter into a Contract with the
Employer for performing all its obligations as the Contractor in terms of the
Contract agreement for the Project.
4. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as

described below:
(a) Party of the First Part shall be the Lead Member of the Joint Venture and
shall have the power of attorney from all Parties for conducting all business
for and on behalf of the Joint Venture during the Bidding Process and
until the execution of the Contract between the Parties and the Employer;
(b) Party of the Second Part shall be {the Member of the Joint Venture; …..} and
(c) Each Party shall bear its own costs with respect to entering into this Joint
Bidding Agreement and up to the signing of the Contract with the Employer.
5. Joint and Several Liability
The Parties do hereby undertake to be jointly and severally responsible for all
obligations and liabilities relating to the Project and in accordance with the terms
of the Bidding Documents and the Contract, till such time as the completion of the
Project is achieved under and in accordance with the Contract.
6. Share of work in the Project
The Parties agree that the proportion of construction in the Contract to be allocated
among the members shall be as follows:
First Party:
Second Party:
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[Lead Partner must hold more than 50% (fifty Percentage ) in Joint Venture ]
7. Representation of the Parties
Each Party represents to the other Parties as of the date of this Agreement that:
(a) Such Party is duly organised, validly existing and in good standing
under the laws of its incorporation and has all requisite power and
authority to enter into this Agreement;
(b) The execution, delivery and performance by such Party of this

Agreement has been authorised by all necessary and appropriate
corporate or governmental action and a copy of the extract of the
charter documents and board resolution/ power of attorney in favour of
the person executing this Agreement for the delegation of power and
authority to execute this Agreement on behalf of the Joint Venture
Member is annexed to this Agreement, and will not, to the best of its
knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having

applicability to it;
(iii) violate the memorandum and articles of association, by-laws or

other applicable organisational documents thereof;
(iv) violate any clearance, permit, concession, grant, license or other

governmental authorisation, approval, judgement, order or
decree or any mortgage agreement, indenture or any other
instrument to which such Party is a party or by which such
Party or any of its properties or assets are bound or that is
otherwise applicable to such Party; or
(v) create or impose any liens, mortgages, pledges, claims, security

interests, charges or encumbrances or obligations to create a
lien, charge, pledge, security interest, encumbrances or
mortgage in or on the property of such Party, except for
encumbrances that would not, individually or in the aggregate,
have a material adverse effect on the financial condition or
prospects or business of such Party so as to prevent such Party
from fulfilling its obligations under this Agreement;
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(c) this Agreement is the legal and binding obligation of such Party,
enforceable in accordance with its terms against it; and
(d) there is no litigation pending or, to the best of such Party's knowledge,
threatened to which it or any of its Affiliates is a party that presently
affects or which would have a material adverse effect on the financial
condition or prospects or business of such Party in the fulfillment of its
obligations under this Agreement.
8. Termination
This Agreement shall be effective from the date hereof and shall continue in full
force and effect until Project completion (the ―Defects Notification Period‖) is
achieved under and in accordance with the Contract, in case the Project is awarded
to the Joint Venture. However, in case the Joint Venture does not get selected for
award of the Project, the Agreement will stand terminated in case the bidder is not
technically qualified or upon return of the Bid Security by the Employer to the
Bidder, as the case may be.
9. Miscellaneous
9.1 This Joint Bidding Agreement shall be governed by laws of {India}.
9.2 The Parties acknowledge and accept that this Agreement shall not be amended by
the Parties without the prior written consent of the Employer.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED

AND DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE
WRITTEN.
SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND

DELIVERED
For and on behalf of:
LEAD PARTNER by: SECOND PART

(Signature and seal) (Signature and seal)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
In the presence of:
1.
2.
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Notes:
1. The mode of the execution of the Joint Bidding Agreement 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.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter documents
and documents such as resolution / power of attorney in favour of the person executing
this Agreement for the delegation of power and authority to execute this Agreement on
behalf of the Joint Venture Partner .
3. For a Joint Bidding Agreement executed and issued overseas, the document shall be
legalised by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney has been executed. However, the Power of Attorney provided by Bidders from
countries that have signed the Hague Legislation Convention, 1961 are not
required to be legalized by the Indian Embassy if it carries a conforming Appostille
certificate.
4. Lead Member of the Joint Venture must satisfy the qualifying criteria stated specifically for
the Lead Member in Section -III
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Format for Bid Security (Bank Guarantee)

BID SECURITY (BANK GUARANTEE)

(Reference Cl. 19 of ITB)
1. In consideration of you, West Bengal Highway Development Corporation Ltd., having

its office at 4th and 5th Floor, HRBC Bhawan, Munshi Premchand Sarani, Kolkata-700
021 (hereinafter referred to as the ―Employer‖, which expression shall unless it be
repugnant to the subject or context thereof include its, successors and assigns) having
agreed to receive the Bid of ……………………(Name of the Bidder)and having its
registered office at ……………………… (and acting on behalf of the Joint Venture)
(hereinafter referred to as the ―Bidder‖ which expression shall unless it be repugnant to
the subject or context thereof include its/their executors, administrators, successors and
assigns), for the work of __________________________________(hereinafter referred
to as ―the Project‖) pursuant to the Bidding Document dated …………… issued in
respect of the Project and other related documents including without limitation the form
of Contract (hereinafter collectively referred to as ―Bidding Documents‖), we (Name of
the Bank)having our registered office at………………………and one of its branches at
…………………….. (hereinafter referred to as the ―Bank‖), at the request of the Bidder,
do hereby in terms of Clause 19 of the ITB and the IFB document, irrevocably,
unconditionally and without reservation guarantee the due and faithful fulfilment and
compliance of the terms and conditions of the Bidding Documents by the said Bidder
and unconditionally and irrevocably under take to pay forth with to the Authority an
amount of Rs.________( ) (hereinafter referred to as the ―Guarantee‖) as our primary
obligation without any demur, reservation, recourse, contest or protest and without
reference to the Bidder, if the Bidder shall fail to fulfil or comply with all or any of the
terms and conditions contained in the said Bidding Documents.
2. Any such written demand made by the Employer stating that the Bidder is in default of
the due and faithful fulfillment and compliance with the terms and conditions contained
in the Bidding Documents shall be final, conclusive and binding on the Bank.
3. We, the Bank, do hereby unconditionally and irrevocably undertake to pay the amounts
due and payable under this Guarantee without any demur, reservation, recourse,
contest or protest and without any reference to the Bidder or any other person and
irrespective of whether the claim of the Employer is disputed by the Bidder or not,
merely on the first demand from the Employer stating that the amount claimed is due
to the Employer by reason of failure of the Bidder to fulfill and comply with the terms
and conditions contained in the Bidding Documents including failure of the said
Bidder to keep its Bid open during the Bid validity period as set forth in the said
Bidding Documents for any reason whatsoever. The default of the Bidder requiring
forfeiture of this Guarantee shall include but not limited to the following:
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(a) Failure or refusal of the Bidder to execute the Form of Agreement in

accordance with the Instructions to Bidders (ITB), if required; or
(b) Failure or refusal of the Bidder to furnish the Performance Security, in

accordance with the ITB; or
(c) Non-acceptance by the Bidder of the correction of the Bid Price in accordance
with the ITB; or
(d) Indulging in corrupt or fraudulent practices.
Any such demand made on the Bank shall be conclusive as regard to amount due
and payable by the Bank under this Guarantee. However, our liability under this
Guarantee shall be restricted to an amount not exceeding Rs.__________________
4. This Guarantee shall be irrevocable and remain in full force for a period of 28 days
plus 180 days (Bid validity period from Bid Due Date) exclusive of claim period
of 180 days or for such extended period as may be mutually agreed between the
Employer and the Bidder, and agreed to by the Bank, and shall continue to be
enforceable till all amounts under this Guarantee have been paid.
5. We, the Bank, further agree that the Employer shall be the sole judge to decide as to
whether the Bidder is in default of due and faithful fulfillment and compliance with the
terms and conditions contained in the Bidding Documents including, interalia, the
failure of the Bidder to keep its Bid open during the Bid validity period set forth in the
said Bidding Documents, and the decision of the Employer that the Bidder is in default
as aforesaid shall be final and binding on us, not withstanding any differences between
the Employer and the Bidder or any dispute pending before any Court, Tribunal,
Arbitrator or any other authority.
6. In order to give full effect to this Guarantee, the Employer shall be entitled to treat the
Bank as the principal debtor. The Employer shall have the fullest liberty without
affecting in any way the liability of the Bank under this Guarantee from time to time to
vary any of the terms and conditions contained in the said Bidding Documents or to
extend time for submission of the Bids or the Bid validity period or the period for
conveying acceptance of Letter of Award by the Bidder or the period for fulfilment and
compliance with all or any of the terms and conditions contained in the said Bidding
Documents by the said Bidder or to postpone for any time and from time to time any of
the powers exercisable by it against the said Bidder and either to enforce or forbear from
enforcing any of the terms and conditions contained in the said Bidding Documents or
the securities available to the Employer, and the Bank shall not be released from its
liability under these presents by any exercise by the Employer of the liberty with
reference to the matters aforesaid or by reason of time being given to the said Bidder or
any other forbearance, act or omission on the part of the Employer or any indulgence by
the Employer to the said Bidder or by any change in the constitution of the Employer or
its absorption, merger or amalgamation with any other person or any other matter or
thing whatsoever which under the law relating to sureties would but for this provision
have the effect of releasing the Bank from its such liability. The Guarantee shall not be
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affected by any change in the constitution or winding up of the Bidder or the Bank or
any absorption, merger or amalgamation of the Bidder or the Bank with any other
person.
7. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given
or made if addressed to the Bank and sent by courier or by registered mail to the Bank at
the address set forth herein.
8. We undertake to make the payment on receipt of your notice of claim on us addressed to

[name of Bank along with branch address] and delivered at our above branch which
shall be deemed to have been duly authorised to receive the said notice of claim.
9. It shall not be necessary for the Employer to proceed against the said Bidder before
proceeding against the Bank and the guarantee herein contained shall be enforceable
against the Bank, notwithstanding any other security which the Employer may have
obtained from the said Bidder or any other person and which shall, at the time when
proceedings are taken against the Bank hereunder, be outstanding or unrealised.
10. We, the Bank, further undertake not to revoke this Guarantee during its currency except
with the previous express consent of the Employer in writing.
11. The Bank declares that it has power to issue this Guarantee and discharge the obligations
contemplated herein, the undersigned is duly authorised and has full power to execute
this Guarantee for and on behalf of the Bank.
12. This Guarantee shall also be operative at our local branch/shall be operative at our
branch [Strikeout whichever is not applicable] at Kolkata, [Branch Name]…………….,
[Address]………………………..….., from whom, confirmation regarding the issue of
this Guarantee or extension/renewal thereof shall be made available on demand. In the
contingency of this Guarantee being invoked and payment hereunder claimed, the said
branch shall accept such invocation letter and make payment of amounts so demanded
under the said invocation.
13. For the avoidance of doubt, the Bank‘s liability under this Guarantee shall be restricted
to Rs. ( ) . The Bank shall be liable to pay
the said amount or any part thereof only if the Employer serves a written claim on the
Bank in accordance with paragraph 9 hereof, on or before…………… [***(indicate
date falling 28 days plus 180 days (Bid Validity ) after the Bid Due Date)].
Signed and Delivered by ………………………. Bank
By the hand of Mr./Ms. …………………….., its………………….. and authorised official.
(Signature of the Authorised Signatory) (Official Seal)
NOTE:
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(i) The Bank Guarantee(s) contains the name, designation and code number of the
officer(s) signing the Guarantee(s).
(ii) The address, telephone no, and other details of the Head Office of the Bank as
well as of issuing branch & local branch at Kolkata should be mentioned on
the covering letter of issuing Branch.
(iii) The bank guarantee for Rs, 10,000 and above is signed by at least two officials
(or as per the norms prescribed by the RBI in this regard),
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LETTER OF BID /TENDER
The Bidder must accomplish the Letter of Tender on its letterhead clearly showing the Bidder’s complete name and address.
Bidder's Legal Name: [insert full name]

ICB No. and title: [insert ICB number and title ................................... ]
To: [. . . insert complete name and address of the employer . . .]
We, the undersigned, declare that:
a) We have examined and have no reservation to the Bidding Documents

including Addenda issued in accordance with Instruction to Bidders (ITB) 8
for the execution of the above-named Works.
b) We offer to execute and complete the Works and remedy any defects and
carrying out maintenance till the end of the Defect Notification Period
therein in conformity with the Bidding Documents and the Technical Bid
submitted for the following works[ . . .insert narrative . . .].
c) The total price of our Bid for the sum as submitted in digitally signed e-
bid/e-tender in the e-tender portal of Government of West Bengal.
d) Our Bid shall be valid for a period of ________ [ . . .180 DAYS . .] and it
shall remain binding upon us and may be accepted at any time before the
expiration of that period.
e) If our Bid is accepted, we commit to provide the Performance Security in
accordance with the Bidding Documents, commence the Works promptly
after the Commencement Date, and complete the Works in accordance with
the Bidding Documents within the Stipulated Time for Completion.
f) We understand that this bid, together with your written acceptance thereof
included in your notification of award, shall constitute a binding contract
between us, until a formal contract is prepared and executed.
g) We understand that you are not bound to accept the lowest or any tender you
may receive.
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Name ...............................................................................................................................
In the capacity of .............................................................................................................
Signed .............................................................................................................................
Duly authorized to sign the Bid for and on behalf of .....................................................
Address…………………………………………………………………………………
……………......
Date .................................................................................................................................
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FORM OF BID
Name of The Project :- Widening and Strengthening of existing road corridor connecting
Mogra on SH-13 in Hoogly District with Barajaguli on NH-34 in Nadia District via Triveni,
Boropara, Kalyani and Kapa to 4/6 lane divided carriageway including Grade-separated
corridor, ROB at Bansberia and six-lane Extra-dosed Cable-stayed Bridge over river Hoogly
beside Iswar Gupta Setu at Kalyani in the State of West Bengal, India (Approximate
length:21 Km.) , [PACKAGE-III ]
E-NIT No.: WBHDCL/CGM/eNIT-3/2017-18 dated 21.09.2017‖
A. PREAMBLE to the BILL OF QUANTITIES
1. The Bill of Quantities shall be read in conjunction with the Instructions to Bidders,
General Conditions of Contract, Conditions of Particular Application, Technical
Specifications, Drawings, Schedules and Annexure.
2. The quantities given in the Bill of Quantities are estimated and provisional and are
given to provide a common basis for bidding. The basis of payment will be the actual
quantities of work ordered and carried out, as measured by the Contractor and verified
by the Engineer and valued at the rates and prices tendered in the priced Bill of
Quantities, where applicable, and otherwise at such rates and prices as the Engineer
may fix within the terms of the Contract.
3. The rates and prices bid in the priced Bill of Quantities except insofar as it is
otherwise, provided under the Contract, are to be included all constructional plant,
labour, supervision, materials, all transportations, cost of fuels, all temporary works
and false works, erection, maintenance, establishment and overhead charges, profit,
all taxes ,local levies and other charges together with all general risks, liabilities and
obligations set out or implied in the Contract and including remedy of any defects
during the Defects Notifications Period.
4. The Contractor should inspect the site before start of the work and ensure the
execution of work as per specification. If the work is not as per specification then the
Engineer shall clearly certify whether the re-execution of the work in the stretch shall
be incidental to work or shall be payable only after the certification of the Engineer.
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5. The Bidder shall fill in rates and prices for each items of the Works and Services
described in the Bills of Quantities in online mode in the e-tender portal of Govt. of
West Bengal in figures, whether quantities are stated or not. The cost of items against
which the Contractor has failed to enter a rate or price shall be deemed to be covered
by other rates and prices entered in the Bill of Quantities. But the item to be executed
as specified and as per direction of the Engineer.
6. The whole cost of complying with the provisions of the Contract shall be included in
the items provided in the priced Bill of Quantities, and where no items are provided,
the cost shall be deemed to be distributed among the rates and prices entered for the
related items of work.
7. General directions and descriptions of work and materials are not necessarily repeated
or summarized in the Bill of Quantities. References to the relevant sections of the
contract documentation shall be made before entering rates or prices against each item
in the Bill of Quantities.
8. The method of measurement of completed work for payment shall be in accordance

with the requirements as stated in the individual sections of the Technical
Specifications.
9. The cost of for construction of road , culverts and bridges shall be included in the
item rates quoted in the priced Bill of Quantities during quoting the rates and no extra
cost for dewatering shall be paid for.
10. Item for which no rate or price has been entered in will not be paid for by the
Employer when executed and shall be deemed covered by the other rates and prices in
the bill of quantities
11. Unit rates and prices shall be quoted by the bidder in Indian rupee [ITB Clause 15.1]
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We Undertake and unconditionally agree to above Preamble which is deemed to be

introductory Part of the Bill of Quantities and this Preamble shall be the Part of the
Contract /Agreement.
Name ........................................................................................................................................................
In the capacity of .......................................................................................................................................
Signed ........................................................................................................................................................
Duly authorized to sign the Bid for and on behalf of ................................................................................
Address………………………………………………………………………………………………......
Date ..................................................................................................................................
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Section V. Eligible Countries
A Bidder with nationality other than of India, shall have to take all necessary
clearances and required approvals from Reserve Bank of India (RBI) and other
relevant Statutory Authorities in India for the purpose of this Pre-qualification,
bidding for and participation in the Project, wherever applicable. For the avoidance of
doubt n Bidder with nationality other than of India, shall be solely responsible and
liable to ascertain and fulfil any such requirement and to comply with the same
without the Employer being liable in any manner whatsoever to provide any
assistance in this regard to any such Applicant.
The Employer reserves the right to seek clearance from Government of India or
Government of West Bengal other relevant Statutory Authority, as the case may be,
concerning participation of any firm in the Bidding Process with nationality other than
that of India prior to evaluation of an Bid of any such Bidder.
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PART – 3
CONDITIONS OF CONTRACT AND CONTRACT FORMS
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Section – VII
General Conditions (GC)
As per Fidic 1999 -Conditions of Contract for Constructions
The conditions of Contract comprise the “General Conditions” which form part of the
conditions of Contract for Construction for Building and Engineering works designed
by the Employer, first edition 1999 published by the Federation Internationale Des
Ingenieurs – Conseils (FIDIC). These Conditions are subject to the variations and
additions set out in Section VIII (Appendix to Tender and Particular Conditions).
Copies of the above FIDIC publication i.e. “Conditions of Contract for Construction for
Building and Engineering works designed by the Employer, First edition-1999” can be
obtained from
International Federation of Consulting Engineers
FIDIC Bookshop – Box- 311 – CH – 1215 Geneva 15 Switzerland
Fax: +41 22 799 49 054
Telephone: +41 22 799 49 01 E-
mail: fidic@fidic.org
www.fidic.org
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Section - VIII
APPENDIX TO TENDER
and
PARTICULAR CONDITIONS
The Conditions of Contract comprise the ―General Conditions‖, which form part of the
―Conditions of Contract for Construction‖ First Edition, 1999 published by the Federation
Internationale des Ingénieurs-Conseils (FIDIC), and the following ―Particular
Conditions‖, which include amendments and additions to such General Conditions.
The General Conditions are incorporated herein by reference only and are not set out at
length. The Contractor is deemed to have obtained for himself and read and fully
understood the General Conditions in their entirety. The following Particular Conditions
(PC) shall supplement the General Conditions (GC) in Section VII. Whenever there is a
conflict, the provisions herein shall prevail over those in the General Conditions.
122
Section VIII–Appendix to Tender and Particular

Conditions
Part A – APPENDIX TO TENDER (relating to data provided by Employer)
Sl No Reference GC Conditions Contract Data

1 1.1.2.2 & 1.3 Employer‘s Name Chief General Manager
and Address West Bengal Highway Development
Corporation Limited, on behalf of
Managing Director.
Address : West Bengal Highway
Development Corporation
4th& 5th Floor, HRBC Bhawan,
MunshiPrem Chand Sarani ,
Kolkata -700021 (West Bengal)
India
123
Web Site http:\\www.wbhdcl.gov.in.

Tel.: (033) 2262 5267,
Tele-fax: (033) 2262 5266,
Email : wbhdcl@gmail.com
2 1.1.2.4 & 1.3 Engineer‘s Name The Engineer shall be appointed by the
and Address Employer and notified to the Contractor
to act as Engineer under Sub Clause 3.1
& 3.4
3 1.3.3 Time of 1460 days
Completion
4 1.1.3.7 Defects 1095 days
Notification
Period (DNP)
6 1.3 Communications The following forms of electronic
transmission are only acceptable for
communication:
(i) Facsimile: Facsimile transmission

shall be deemed to be received by
the close of the business day on
which it was transmitted or such
earlier time as is confirmed by the
receiving Party, evidenced by
transmission receipt.
(ii) E-mail provided the E-mail

communication is sent as an
attachment in form of a scanned
version of the signed original
(electronic signature is not
acceptable), and subject to evidence
of transmission receipt for the same.
Unless these obligations are fully

complied with, the facsimile or E-
mail will be deemed not to be the
effective date of the communication.
7 1.4 Governing Law The Contract shall be governed by the
laws of India.
8 1.4 Ruling language English
9 1.4 Language for English

communications
10 2.1 Time for Access Please refer Table below
to the Site
124
11 4.2 Amount of 10% (Ten percent) of the Contract Price.

Performance Additional Performance Security, if
Security required shall be not more than 5% (Five
percent) of accepted Contract Price.
15 6.5 Normal Working As per industrial standards and applicable
Hours laws.
13 7.4 Testing The time period for agreeing to or
proposing amendment by the Engineer to
the specified testing shall be 72hrs from
the date of receipt of notification from the
Contractor to the Engineer.
14 8.7 & 14.15(b) Delay damages 0.05 % of the Contract Price per day.
for the Works
15 8.7 Maximum Ten per cent (10%) of the Contract Price
amount of delay in the currencies and proportions in which
damages the Contract Price is payable.
16 13.5.(b)(ii) Provisional Sums Zero
17 13.8 Adjustments for Refer clause 13 in part B particulars
Changes in Cost conditions of contract
18 14.2 Advance Total Mobilisation Advance = 10 (Ten) %
Payment of the Contract Price to be paid in Four
Instalments and shall be interest bearing
@ SBI MCLR+2%.
19 14.2(a) and (b) Repayment of 20% (twenty) of each gross payment of

mobilization IPC.
advance
payment
20 14.3(c) Percentage of 6 (six) % till it reaches 5 (five) % of the
Retention Contract Price entered in the Agreement .
21 14.3(c) Limit of (Five) 5% of the Contract Price.
Retention Money
22 14.5 Plant and This sub-clause stands deleted.
Materials intended
for the Works
23 14.6 Minimum 0.5 %(half) percent of the Contract Price
Amount of for the first three Monthly IPC after
Interim Payment commencement of Works and 01(one) %
Certificates of the Contract Price for all other IPCs.
24 14.15 Currencies of The currency of contract price shall be
Payment Indian National Rupees (INR) only
25 18.1 Periods for
submission of
insurance:
a) 14 days from Commencement Date
a) evidence of
insurance.
b) 28 day from Commencement Date
b) relevant
125
policies
26 18.2(d) Maximum Not Applicable
amount of
deductibles for
insurance of the
Employer's risks
27 18.3 Minimum amount INR 10,000,00(Indian Rupee one million)
of third party per occurrence with the number of
insurance occurrences unlimited.
28 20.2 Date by which the 56 days after Commencement Date
DAB shall be
appointed
29 20.2 The DAB shall be "Three Members" unless otherwise
comprised of agreed by the Parties
30 20.3 Name of Entity The Secretary, Indian Road Congress
or official who
will appoint the
member of DAB
in case any
situation arises as
listed in clause
20.3
31 20.6 Place of Kolkata , India
Arbitration
Summary of Sections Definition of Section

of the Works Time for Completion
Section (Sub-Clause 1.1.3.3) from date
Name/Description of commencement
(Sub-Clause 1.1.5.6)
SECTION -IA Extra dosed Bridge P-1 to P-8 540 days
upto Pier Table top Level /Pier
Cap Level
SECTION -IB Entire Work( excluding 730 DAYS
Section –I A and Section -IB ) –
Upto Pile Cap Level
SECTION IIA Extra-dosed Bridge P-1 to P-8 1095 days

upto superstructure (Deck Level )
SECTION –II B Entire Work( excluding 1460 days
Section –I A and Section -IB ) -
Both Road and Bridges
126
Time for Access to the Site
Sl No Portions of Corridor for which access to site Date of providing access to

site
1.0 From P-3 to P-6 of Second Iswar Gupta Setu in On 07th (seventh) day
River Hooghly after date of
Commencement .
2.0 From P-1 to P-3 and P-6 to P-8 of Second Iswar On or before 150 th day
Gupta Setu in River Hooghly of date of Commencement
3.0 From Buddha Junction to Barajaguli (End of On or before 180th Day of
Project ) Date of commencement
4.0 Total Project Corridor 240 days after date of
commencement.
Access to site will be fulfilled through handing over of site with some encumbrances like
trees, electric poles, water pipelines, Electric Transmission Towers and some
encroachments which shall be progressively removed as per obligations under the
Contract either by the Contractor or Employer .
Section VIII– Part B :Particular Conditions
The following Particular Conditions (PC) shall supplement the General Conditions (GC).
Whenever there is a conflict, the provisions herein shall prevail over those in the GC.
CLAUSE -1 GENERAL PROVISION

Sub-clause
1.1.1.3 2nd sentence ‗If there is no........Contract Agreement‘ stands
deleted.
1.1.1.4 The word ‗signed‘ stands deleted from the 2nd line. Add the
following at the end : ― This shall also include digitally signed
Tender /Bid containing Priced Bill of Quantities in case of
submission of tender in e-tender mode , whenever applicable
―Letter of Tender and Letter of Bid shall be synonymous and
can be used interchangeably.
127
1.1.1.6 Add the following at the end:
―All such drawings shall be issued to the Contractor for

construction under the seal and signature of Engineer to the
Project or Engineer‘s Representative marked as ―Good for
Construction‖ on behalf of the Employer.‖
1.1.1.8 Add the following at the end:
―Tender and Bid shall be synonymous and can be used
interchangeably Tender shall include digitally signed e-tender‖.
1.1.3.8 At the end of this sentence add:
―for the whole of the Works.‖

1.1.3.9 At the end of this Sub-Clause add the following:
―Month‖ and ―year‖ and all dates shall be calculated according

to the Gregorian calendar, and time referred to shall be Indian
Standard Time.
1.1.6.7 Add the following at the end last line:
―or as notified by the Engineer during the execution of Contract

in writing.‖
1.1.6.10 Insert Additional ―Other Definitions‖
―Periodic Review Meetings‖ mean meetings called by the

Engineer or by the Engineer‘s representative under Sub-Clause
3.6 [Periodic Review Meetings].
1.2 Interpretations Insert Sub-Clause 1.2 (e):
―In these Conditions, provisions including the expression "Cost
plus reasonable profit" require this profit to be one-twentieth
(5%) of the respective Cost.‖
1.3:Communications At the end of this Sub-Clause add the following paragraph:
―All software used for any electronic communication, where

permitted or required under the Contract, shall be the latest
version or the one
Immediately previous to it.‖
1.5 Priority of Documents Replace item (h) with the following :
―the Schedules, Priced Bill of Quantities of Item Rate and any

other documents forming part of the Contract.‖
Delete the following sentence appearing at the end of this sub

clause:
―If an ambiguity or discrepancy is found in the documents, the

Engineer shall issue any necessary clarification or instruction.‖
128
Add the following at the end of this sub clause:

―The contract documents are complementary and what is called
for by any one of them shall be as binding as if called for by all
of the documents. If any ambiguity or discrepancy arises in
documents or 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 or as to the measurement of the Works, the
Engineer there shall decide on the matter as per Contract and
communicate his decision in writing to both the Parties or issue
necessary clarifications or instruction.‖
1.7: Assignment The content of this clause shall be replaced with the following:
―The Employer only has the right to assign the whole or any part
of the Contract or any benefit or interest in or under the Contract
without any prior consent of the Contractor.‖
1.13: Compliance with Laws Delete the content of Para (a) and replace with the following:
The Employer agrees to provide support to the Contractor and
undertakes to observe, comply with and perform, subject to and
in accordance with the provisions of this Agreement and the
Applicable Laws, the following:
(i) upon written request from the Contractor, and subject to
the Contractor complying with Applicable Laws, provide
reasonable support to the Contractor in procuring
Applicable Permits required from any Government
Instrumentality for implementation of the Project;
(ii) upon written request from the Contractor, provide
reasonable assistance to the Contractor in obtaining
access to all necessary infrastructure facilities and
utilities, including water and electricity at rates and on
terms no less favourable than those generally available to
commercial customers receiving substantially equivalent
services;
And provided that all authorisations and/or permits and
clearances required from relevant national/local authorities shall
be obtained by the Contractor, at his own expenses. Such
permits include inter alia permits for site erection, traffic
diversions, route permits, residence and work permits, permits
for radio communication, permits to relocate public utilities, etc.,
permits, installing plants and equipment‘s and necessary
pollution control clearances. The Contractor shall be bound to
give all notices required by statute, regulations, laws or by-laws,
as aforesaid and to pay all fees and invoices payable to any
authority or undertaking in respect thereof. It will be the
responsibility of the Contractor to arrange for necessary
clearances and approvals from such authorities and undertakings
before the work is taken up.
129
Within 21 days of the signature of the Contract Agreement, the

Contractor shall submit to the Engineer the detailed planning of
the Works, together with a list of all necessary permits with the
time needed for obtaining those permits in order to properly
carryout the Works in compliance with the programme.
Notwithstanding anything to the contrary contained herein, the
Contractor shall be solely liable to comply with its obligations
hereunder and any failure of the Employer to provide assistance
shall not relieve the Contractor from its obligations thereof.
1.14: Joint and Several ―consortium or..........more persons‖ from the 1st para stands
Liability deleted.
In the sub para (a) and (b) the words ―these persons‖ stands
replaced by ―the parties to the JV‖.
In sub para (b) after ―each of these persons‖ add ―shall submit
the POA thereto ‖
Add the following after the Sub-Clause 1.14(c):
(d) ―If any provision or condition of the Contract is prohibited or
rendered invalid or unenforceable, such prohibition,
invalidity or unenforceability shall not affect the validity or
enforceability of any other provisions and conditions of the
Contract.‖
1.15: Contractor's Liability Add the following Sub-Clause 1.15:
Unaffected ―The Contractor's liability under the Contract shall not be
reduced, relieved or in any way affected by:
(a) any comment, review, audit, rejection, approval,
acquiescence or acceptance of any matter or thing nor any
failure to comment, review, audit, reject, approve or accept
the same;
(b) any inspection, test, supervision or failure to inspect, test or
supervise;
(c) the making of any payment; or
(d) the provision of any information, whether contained in the
Contract or otherwise and whether supplied before or after
the Base Date, in any such case by the Employer or the
Employer‘s Personnel.‖
CLAUSE 2 THE EMPLOYER

Sub-clause
2.1 Right of Access to Site At the beginning of the first paragraph of this Sub-Clause, delete
―The‖ and replace with the following:
―Except for parts of the Site which the Contractor is responsible
for arranging for the purpose of the Contractor‘s temporary
facilities, including storage areas and the like, the‖
2.2 Permits, Licences or Sub para (a) stands deleted.

Approvals Add the following after (iii):
130
―Notwithstanding anything to the contrary contained herein, the

Contractor shall be solely liable for its obligations under (b)
above.‖
Add the following paragraph at the end of this sub-clause:

―Employer‘s reasonable assistance shall mean to issue letter
confirming requirement of any goods and /or Contractor‘s
equipments for performance of the Contract. Such assistance
shall be limited to movements of goods and equipments as stated
above, that is permitted under the law and on conditions that all
applicable fees , taxes and duties shall be paid by the Contractor
as may be required under the extant laws.‖
2.4: Employer‘s Financial Delete the content of the Clause and replace with the following:
Arrangements ―Employer being a public limited company wholly owned by the
Government of West Bengal. The company has access to fund
from the Government of West Bengal and other financial
institutions for implementation of the Project.‖
CLAUSE: 3 THE ENGINEER
Sub-clause
3.1 Engineer‘s Duties and At the end of third Paragraph, replace the following
Authority ―The Employer undertakes not to impose further constraints on
Engineer‘s Authority except as agreed with the Contractor‖
With
―The Employer undertakes not to impose further constraints on
Engineer‘s Authority unless the Contractor has been informed in
this respect and in writing by the Employer with 30 days‘ notice
prior to the entering into force of such new case.‖
Delete paragraph 4 of this Sub-Clause 3.1 and substitute with the
following :
―Except for cases when an emergency occurs, affecting the
safety of life or of the Works or of adjoining property, and such
emergency is expressly indicated within the document issued by
the Engineer as an exercise of its specific authorities, whenever
the Engineer exercises such a specified authority for which the
Employer‘s approval is required as provided below, then, the
Contractor shall not take any action if the document issued by
the Engineer does not contain the express endorsement or
approval of the Employer.‖
In the first sentence of paragraph 5 of this Sub-Clause 3.1 delete
―these conditions‖ and substitute with ―the Contract‖
Insert the following at the end of this Sub-Clause 3.1:
―The Engineer shall obtain the specific approval of the

Employer before taking action under the following Sub-Clauses
of these
Conditions:
a) Sub-Clause 4.4: Sub Contractors: Specific approval of the
131
Employer is required before issuing consent for any Sub-

Contractor;
b) Sub-Clause 8.4: Specific approval of the Employer is required
before instructing or approving any extension of the Time for
Completion
c) Sub-Clause 13.1: Specific approval of the Employer is
required before instructing or approving the omission of any
work
d) Sub -Clause 10.3: Specific Approval or fixing new rate of any
Item under a) or b) under sub-clause 10.3
d) Other cases, provided that the Contractor has been informed
in this respect and in writing by the Employer with 30 days‘
notice prior to the entering into force of such new case.
Notwithstanding the obligation, as set out above, to obtain

approval, if, in the opinion of the Engineer, an emergency occurs
affecting the safety of life or of the Works or of adjoining
property, he may, without relieving the Contractor of any of his
duties and responsibilities under the Contract, instruct the
Contractor to execute all such work or to do all such things as
may, in the opinion of the Engineer, be necessary to abate or
reduce the risk. The Contractor shall forthwith comply with any
such instruction of the Engineer. The Engineer shall determine
an addition to the Contract Price, in respect of such instruction,
in accordance with Sub-Clause 13.1 and shall notify the
Contractor accordingly, with a copy to the Employer.
The Engineer is required to continuously monitor the
Contractor's compliance with the provisions of the Contract and
of the proposed and approved Safety Methodology, and he shall
ensure certification of compliance. The Engineer's endorsement
of any invoices and certificates will include specific
confirmation that compliance with the Safety Methodology is
achieved.‖
3.2 Delegation by the Replace the existing sub-clause 3.2 with the following clause:
Engineer The Engineer may delegate certain duties to the Engineer‘s
Representative, who shall be the lead the Engineer‘s assistants at
site, shall be substantially stationed at the Site of Works and
shall be responsible to the Engineer.
The Engineer may, from time to time, in writing delegate to the
Engineer‘s Representative, any of the powers and authorities
vested in the Engineer excepting the powers and authorities
which Engineer shall not delegate to others, and shall furnish to
the Contractor and to the Employer, a copy of all such written
delegations of powers and authorities. Any written instruction,
decision or approval given by the Engineer‘s Representative to
the Contractor within the terms of such delegation, but not
otherwise, shall bind the Contractor and the Employer, as though
132
it had been given by the Engineer.

However, Engineer shall not delegate the authority to determine
any matter in accordance with the sub clause
3.5[Determination].
Provided always as follows:
a. Failure of the Engineer‘s Representative or his assistants, to
disapprove any work or materials shall not prejudice the
authority of the Engineer or Employer thereafter, to
disapprove such work or materials or plant and order the
pulling down, removal or breaking up thereof. The
Engineer‘s Representative shall have similar authority to
disapprove any work or material or plant passed by his
assistants, appointed in terms of provision herein.
b. If the Contractor or Employer shall be dissatisfied by reason
of any instruction or decision of the Engineer‘s
Representative, he shall be entitled to refer the matter to the
Engineer ,who shall thereupon confirm, reverse or vary
such decision. The Engineer‘s Representative shall have
similar authority to confirm, vary, or, reverse any
instructions and decisions issued by his assistants, appointed
in terms of Sub clause.
Assistants shall be suitably qualified persons, who are
competent to carry out these duties and exercise this
authority, and who are fluent in the language for
communications defined in Sub-Clause 1.4 [Law and
Language].
3.6Periodic Review Add the following Sub-Clause 3.6:
Meetings The Engineer or the Engineer‘s representative and the
Contractor or Contractor‘s Representative shall attend Periodic
Review Meeting in order to review the arrangements for future
work or discuss any other matters. The Engineer/Engineer‘s
representative shall record the proceedings of Management
Meetings, including conclusions reached or agreements made,
and supply copies of the record to the Contractor and others
attending the meeting, and send a copy to the Employer.
The Contractor shall depute at least his Project Manager or
Senior Site Representative to attend all the periodic review
meetings notified by the Engineer or the Engineer‘s
representative as the case may be. Employer‘s representative
shall also be intimated by the Engineer about date and venue of
each such meeting at-least 3(Three) working days in advance
excluding the day of meeting. The Employer or the Employer‘s
representative may choose to attend such meetings.
The agenda for such meetings shall cover a review of progress
attained against approved Work Program, a review of schedules
and plans for future activities, the status of staffing, engineering,
safety, equipment, material supply, payments, current and
anticipated difficulties, interface with other Contractors, claims
133
for extras, and other pertinent topics. Time and place of these
meetings shall be mutually agreed taking into consideration the
subject to be discussed.
Such Review Meetings shall be held twice in a month and
records of such meeting shall be circulated among the Employer,
Engineer and the Contractor.
CLAUSE: 4 THE CONTRACTOR
Sub-clause
4.1:Contractor‘s General At the end of the fifth paragraph, add the following:
Obligations
―Notwithstanding any information submitted with the Tender,
acceptance of the Tender shall not be construed as acceptance of
the Contractor‘s proposed equipment, methods of construction,
methods of maintenance, Temporary Works or materials, nor
does it in any way relieve the Contractor of any of his
responsibilities or obligations under the Contract. Further, such
information will not be accepted as a basis for claiming
additional compensation where the proposed methods of
construction or maintenance are impractical or the proposed
materials result in work not complying with the specified
requirements.‖
―The Contractor shall promptly inform the Engineer of any
error, omission, fault and other defect in the design, drawing or
specifications for the works that are discovered when reviewing
the Contract Documents or in the process of execution of the
Works.‖
―The Contractor shall prepare and submit working drawings,
shop drawings and schedules for all works to be constructed and
maintained under the Contract and shall be fully responsible for
the accuracy of these working drawings, shop drawings and
schedules which shall be deemed to be Contractor‘s Documents
in accordance with the Contract and be submitted in accordance
with the provisions for the same. The working drawings, shop
drawings and schedules shall be based on the Drawings and the
actual site conditions as surveyed by the Contractor and agreed
with the Engineer. However, if no changes are contemplated or
envisaged in the Drawings provided by the Employer as part of
the Contract is only required to confirm this in writing and the
drawings shall not be resubmitted. All design calculations and
fabrication drawings for temporary works including false work
(such as formwork, staging, cantering, scaffolding, specialised
constructional, handling and launching equipment and
temporary diversion etc…) as well as bar bending and cutting
schedules for reinforcement, material lists for structural
fabrication as well as detailed drawings for templates and
anchorage and temporary support details for pre-stressing cables
etc. shall be prepared by the Contractor at his own cost and
forward in triplicate to the Engineer at least three weeks in
134
advance of actual constructional requirements. The Engineer

will check and return one copy of the same for the Contractor‘s
use with amendments, if any, noted in red ink within two weeks
of submission. Such approval shall not relieve the Contractor of
any of his responsibilities in connection with temporary works.
The Contractor will supply four copies of the approved drawings
for the Engineer‘s use. The cost of preparing all such items of
work shall be deemed to have been included in the respective
rates/ prices quoted by the Contractor in the Bill of Quantities.
On the completion of Works, the Contractor shall arrange to
furnish to the Employer two (2) bound sets of all ―As
constructed‖ drawings (in the same scales as that of the drawings
provided for the construction works by the Employer) for every
component of the Work at his own cost, all such copies being on
reproducible film of quality to be approved by the Engineer or
his Representative. The Taking-Over Certificate of the works,
whole or by parts, may not be issued by the Engineer in the
event of the Contractor‘s failure to furnish the aforesaid ―As
constructed‖ drawings for the entire Works.
4.2 Performance Security In the first line of para 2 the words ―28 days‖ shall be replaced
by 14 days.
The content of Third Para shall be deleted and replaced with the
following:
The Performance Security shall be valid until 60 (sixty) days
after the Defects Notification Period with a claim period of 180
days. The Contractor may initially provide the Performance
Security for a period of 2 (two) years; provided that it shall
procure the extension of the validity of the Performance
Security, as necessary, at least 60(sixty) days prior to the date of
expiry thereof.
Till the Contractor has not become entitled to receive the

Performance Certificate by the date 28 days prior to the expiry
date of the Performance Security, the Contractor shall extend the
validity of the Performance Security until the Works have been
completed and any defects have been remedied.
Delete the Fifth Paragraph under :
―The Employer shall indemnify and hold the Contractor
harmless .....................
....................to the extent to which the Employer was not entitled
to make claim.‖
And Add the following substituting the fifth paragraph:
Contract Agreement shall not be signed until the successful
Bidder has submitted Performance Security in accordance with
this clause.
135
The Performance Security of a Joint Venture shall be in the

name of the Joint Venture. In cases where the Bid of the
successful Bidder is seriously unbalanced, the -Employer may
require that the amount of the Performance Security set forth
above, be increased to a maximum limit of another 5% (five
percent) at the expense of the successful Bidder to a level
sufficient to protect the Employer against financial loss in the
event of default of the successful bidder under the Contract.
In case of Extension of the Time for Completion, the Contractor
shall be obliged to extend accordingly the date of validity of the
Performance Security. Provided that it shall procure the
extension of the validity of the Performance Security, as
necessary, at least 60(sixty) days prior to the date of expiry
thereof.. In case the Contractor fails to extend the validity of the
Performance Security , at least 60(sixty) days prior to the date
of expiry thereof, the Employer shall, without prejudice to its
other rights and remedies or in law, be entitled to encash and
appropriate the relevant amounts from the Performance
Security.‖
4.4: Subcontractors Add the following at the end of the sub-clause‖
―Any consent/approval to subcontracting shall not relieve the
Contractor from any liability or obligation under the Contract
and he shall be responsible for the acts, defaults and neglects of
any Subcontractor, his agents, servants or workmen as fully as if
they were the acts, defaults or neglects of the Contractor, his
agents, servants or workmen.
Provided that the Contractor shall not be required to obtain such

consent /approval of sub-contracting for:
a) the provision of labour, or
b) the purchase of materials which are in accordance with the
standards specified in the Contract and if approval of source
has been accorded by the Engineer
Value of all subcontracts, taken together, shall not exceed 40%
(Forty Percentage) of the Contract Price. Provided always that
execution of the details of the works by petty contracts, or on
piece work basis, under the personal supervision of the
Contractor or his agent, shall not be deemed to be subcontracting
under this clause. Procurement of labour and construction
materials shall not be treated as sub-contract.
If requested by the Engineer, the Contractor shall submit a copy
of each subcontract agreement, stating total prices of such sub-
contract, in its original language together with a translation if the
original language is not in the language for communications.
All the subcontracts shall be concluded substantially in
accordance with the terms of this Contract and shall be entirely
disclosed to the Employer; the Contractor shall provide the
Engineer with a copy certified as true copy by the Contractor‘s
136
Representative, of each subcontract concluded for the execution

or in connection with the Works.‖
4.5 Assignment of Benefit Delete the content of the sub clause and replace with the
of Subcontract following:
In the event of a Subcontractor having undertaken towards the
Contract in respect of the work executed, or the goods,
materials, plant or services supplied by such Subcontractor, any
continuing obligation extending for a period exceeding that of
the Defects Notification Period under the Contract, the
Contractor shall at any time, after the expiration of such period,
assign to the Employer, at the Employer‘s request and cost, the
benefit of such obligation for the unexpired duration thereof.
In the event that a Subcontractor/vendor provides to the

Contractor or any other subcontractor a warranty in respect of
Plant, Equipment, Materials or services supplied in connection
with the Works, or undertakes a continuing obligation of any
nature whatsoever in relation to such Plant, Equipment,
Materials or services (including without limitation an obligation
to maintain stocks of spare parts) extending for a period
exceeding that of the Defects Notification Period, and if the
Employer's Representative so directs in writing within 21 days
of the expiry of the Defects Notification Period the Contractor
shall immediately assign or obtain the assignment of the benefit
of such warranty or obligation to the Employer.
4.6: Co-operation Para 3 stands replaced by the following :
―Work due to any such instruction shall be incidental to the

Works, if and to the extent, use of Contractor‘s Equipment(s),
personnel and Temporary Works are involved. No additional
compensation shall be paid to the Contractor by the Employer
and compensation for such works shall be deemed to be included
in the rates‖.
4.7: Setting Out Replace the content of the para 2 with the following:
―The Employer shall not be liable for any omission, mistake or
error in respect of any of these specified or notified items of
reference, including any error or mistake therein or in any
information or data given by the Employer. The Contractor shall
be responsible to ensure or verify the accuracy before they are
used.‖
4.8:Safety Procedures At the end of this Sub-Clause, add the following paragraphs:
―Within twenty-eight (28) days of the Commencement Date, and

before commencing any construction on Site, the Contractor
shall provide a Site Safety Manual, which shall be subject to the
Engineer‘s approval/consent, specifically for the Site which shall
137
establish all of the requirements for effecting and maintaining a

safe working environment for Contractor‘s and Employer‘s
Personnel and any other authorised personnel entering the Site in
accordance with the Contractor‘s obligations. The Site Safety
Manual shall include all of safety obligations of the Contractor
including safe traffic management for all Site activities and
personal protective equipment required for each working area.
The Site Safety Manual shall be revised as deemed necessary by
the Contractor or, without relieving the Contractor of any of his
obligations or responsibilities under the Contract, at the
instruction of the Engineer.‖
―Within 28 days of the signature of the Contract Agreement, the
Contractor shall submit to the Engineer a detailed traffic
management plan. The traffic management plan shall indicate
what measures will be implemented to manage the traffic while
Works are underway. Such plan shall describe, in the form of a
sketch accompanied by narrative details, the sequence of signs,
deviations, lighting, fence, etc., to be applied to each section of
road with different cross profile characteristics (2, 3 or 4 lanes),
so that road users and riparian be protected. The traffic
management plan shall be approved by the Engineer before the
start of the Works on any part of the Site.‖
4.9: Quality Assurance After the first paragraph, add the following paragraph:
―The Contractor‘s Quality Assurance shall include all activities

and functions which the Contractor is required to perform in
execution of the Works and remedying of defects. The Quality
Assurance shall cover whole of the Works. The Quality
Assurance scheme shall:
a) ensure that all Materials and Equipments delivered to Site
are traceable as compliant with a recognised international
standard for the Material or Equipment;
b) include procedures for checking compliance and filing of
compliance certificates; and
c) include an electronic and paper filing system for storing all
certificates and delivery dates.‖
After the second paragraph in the General Conditions add the
following
paragraph:
―To ensure the Contractor will be able to comply with this
quality assurance obligations under the Contract, the Contractor
shall translate into the language(s) used by local personnel, all
documents, as deemed necessary, to ensure local Contractor‘s
Personnel understand the requirements for executing the Works
in accordance with the Contract. If so requested, the Contractor
shall also submit copies of the translated documents to the
Engineer for his information and records.‖
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4.10: Site Data Add the following at the end of the Sub-clause:
―The Contractor shall not be entitled to claim for any

compensation, damages, extension of time for performance of its
obligations, loss of profits etc. on the basis as mentioned in this
Sub-clause.‖
4.11: Sufficiency of the Add the following at the end of the Sub-clause:
Contract Price
―The Contractor hereby confirms that it shall not be entitled to
any additional costs in this regard.‖
4.12: Unforeseeable Delete sub-paragraph (b) of this Sub-Clause 4.12 and substitute
Physical Conditions with:
―(b) Payment for any such Cost, fifty per cent (50 %) of which
shall be included in the Contract Price the balance fifty
percent (50 %) of the Cost shall be borne by the
Contractor.‖
4.14:Avoidance of Add at the beginning of this Sub-Clause:
Interference ―Without limiting the Contractor‘s obligations and
responsibilities under the Contract, as the Site or part thereof is
also used by the public, the Contractor shall programme and
execute the Works, to avoid inconvenience or disruption of the
public. No work on any part of the Site used by the public shall
be permitted until such time as alternate routes in the form of
roads, diversions, footpaths, accesses and the like (whether
permanent or temporary) have been provided by the Contractor,
together with all necessary safety features and devices and
appurtenant drainage, and the alternate route(s) have been
deemed acceptable for public use by the Engineer.‖
Add the word ―utilities‖ in sub para (b) after the word ―roads‖.
4.15: Access Routes Paragraph 1 shall be replaced by the following:
―The Contractor shall be deemed to have been satisfied as to the

suitability and availability of access routes to the Site. The
Contractor shall use all necessary efforts to prevent any road or
bridge, or any other terrestrial or aquatic access route from being
damaged by the Contractor's traffic or by the Contractor's
Personnel. These efforts shall include the proper use of
appropriate vehicles and routes. The Contractor shall bear all
costs related to any remedial works to the damages caused by its
activity to the access routes.‖
Delete point (e) of paragraph 2 of this Sub-Clause 4.15 and
substitute with:
―e) Costs due to non-suitability or non-availability, for the use
139
required by the Contractor, and the costs of all necessary

upgrade or special maintenance of access routes for the
purpose of the Contract shall be borne by the Contractor.‖
4.18: Protection of the At the end of this Sub-Clause, add the following paragraphs:
Environment
―The Contractor shall comply with the environmental laws of
the Country/India and the requirements of the Specification to
ensure environmental disturbance or damage is minimised and in
case of any damage the same can be rectified promptly. The
Contractor shall also comply with all requests of the national and
local authorities responsible for enforcing environmental
controls.
The Contractor shall confine his work within the limits of the
Site to the maximum practicable extent and avoid undue
interference with existing land use adjacent to the Site. In case
any loss or damage is caused to the Employer arising out of
undue interference of the Contractor, the Contractor shall
indemnify the Employer for such loss or damage in full.
Within 28 days of the Commencement Date, the Contractor shall
submit a detailed Environmental Management Plan (EMP) for
the Engineer‘s approval showing how he intends to comply with
environmental laws and regulations and other specific
environmental requirements prescribed in the Contract. Work
shall not commence on the Site until the plan has been accepted
by the Engineer and is being implemented. Such acceptance by
the Engineer shall not relieve the
Contractor of any of his obligations or responsibilities under the
Contract.
The Contractor shall :
(a) establish an operational system for managing environmental
impacts;
(b) carry out all of the monitoring and mitigation measures; and
(c) allocate the budget required to ensure that such measures are
carried out. The Contractor shall submit semi-annual/annual
reports on the carrying out of such measures to the
Engineer/Employer.
The Contractor shall ensure that the construction of the Works
complies with :
(a)all applicable laws and regulation of India and of the relevant
State relating to environment, health, and safety;
(b) the Environmental Safeguards;
(d) all measures and requirements set forth in the relevant EMP,
and any corrective or preventative actions with respect to
environment set forth as direction from the Engineer or
extant laws/rules.
Insert at the end of this Sub-Clause 4.18:
―In case of default on the part of the Contractor in meeting the
140
requirements of the present Sub-Clause, the Employer shall be

entitled, subject to Sub-Clause 2.5, to payment by the Contractor
of the Cost of remedy measures or any higher amount depending
on actual damages.‖
4.20: Employer‘s Equipment Content of this sub-clause stands deleted.
and Free-issue Material
4.21: Progress Report Insert at the end of this Sub-Clause 4.21:
The Contractor‘s Representative shall keep a daily diary in
duplicate. This diary shall comprise of the minimum record for:
a) the number of persons employed on site, broken down by
trade and grade;
b) the Contractor‘s Equipment in use on the Site;
c) work achieved that day ;
d) incidents;
e) problems;
f) weather.
The copies of the daily diary form shall be signed by the
Contractor‘s Representative and the Engineer. The Engineer
shall keep one of the signed copy and the Contractor‘s
Representative the other.
The Contractor‘s Representative shall prepare a weekly report in
a format to be agreed with the Engineer. Copies of this report
shall be transmitted weekly to the Engineer or as otherwise
agreed. The Contractor‘s Representative shall sign the original
of the report and the Engineer shall retain the original.
4.23: Contractor‘s In the second para after the word ―all‖ and before the words
Operations on Site ―unnecessary obstruction‖ insert the words ―encumbrances,
encroachments‖.
In the second para after the words ―unnecessary obstruction‖
insert the word ―etc.‖
4.25:Indemnity Against All Insert new Sub Clause :

Actions of Contractor The Contractor shall hold and save harmless and indemnify the
Employer, his agents, Representative, employees and servants
from and against all actions, suits, proceedings, loss, costs,
damages, charges, claims and demands of every nature and
description brought or recovered against the Employer, by
reason of any act or omissions of the Contractor, his
agent/Representative or his 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 payable to the Employer,
without reference to the actual loss or damage sustained, and
whether or not any damage shall have been sustained.
4.26:Indemnity Against All Insert new Sub Clause :

Claims Of Patent Rights The Contractor shall hold and save harmless and indemnify the
141
And Royalties Employer, his officers, Representative, agents, servants and

employees from and against all claims and proceedings, for or
on account of infringement by the Contractor, his officers,
Representative, agents, servants and employees of copyright,
any patent rights, design trademark or name, secret process,
patented or unpatented invention, articles or appliances
manufactured or used for or in connection with the Works and
from and against all claims, proceedings, damages, costs,
charges and expenses whatsoever in respect thereof or in relation
thereto. Except where otherwise stated, the Contractor shall pay
all royalties, rent and other payments or compensation, if any,
for getting stone, sand, gravel, clay or other materials required
for the Works.
4.27:Damage to Employer‘s Insert new Sub Clause:

Property, Private Property The Contractor shall be responsible for all risks to the Works
and Life and for trespass and shall be solely responsible to make good, at
his own expense. The Contractor shall also be liable for all
losses or damages caused to the Works or to any other property
of the Employer or the lives, persons and property of others
occurred due to any reason/cause whatsoever in connection with
Works until they are taken over by the Employer; in case the
Employer is called upon to make good any such costs, loss or
damages, or to pay compensation (including compensation
payable under the provisions of Workmen‘s Compensation Act,
1923 or any statutory amendments thereof) to any person or
persons sustaining damage as aforesaid by reason of any act,
omission or negligence on the part of the Contractor the amount
of any costs or charges (including costs and charges in
connection with legal proceedings), which the Employer may
incur in reference thereto, shall be charged to the Contractor.
The Employer shall have the authority to pay or to defend or
compromise any claim or threatened legal proceeding or in
anticipation of legal proceedings being instituted consequent to
the action or default of the Contractor, to take such steps as may
be considered necessary or desirable toward off or mitigate the
effect of such proceedings, as aforesaid. Any sum or amount
paid by the Employer or any expenses whether for reinstatement
or otherwise incurred by the Employer, the propriety of any such
payment, defence or compromise, and the incurring of any such
expenses shall not be called in question by the Contractor. The
Contractor shall pay any such cost on demand of the Employer.
4.28 Works Diary Insert new Sub-Clause 4.28

The Contractor shall draw up a works diary for contemporary
records, in a format agreed by the Engineer. The Works Diary
shall be kept at the Site and the Contractor‘s Representative shall
record the following information (as a minimum) on daily basis:
142
1. Atmospheric conditions, the duration of work breaks due to

adverse meteorological conditions, the working hours, the
number and the qualification of the personnel working on
Site, the supplied materials, the materials incorporated into
the Works, the equipment out of order, the tests completed,
the sent samples, the unforeseen events, as well as verbal
orders given to the Contractor.
2. Attachments with detailed data on all elements which are
checked on Site and used for the calculation of the payments
to the Contractor, such as completed Works, actual
quantities, supplies accepted for incorporation into the
Works. These attachments are part of the Works Diaries, but
can be signed, if need be, as separate documents.
3. List of any obstructions and other difficulties encountered by
the Contractor in the execution of the Works, during the
reported period. At the Engineer‘s request, the Contractor
has to provide all necessary information for the daily
completion of the Works Diary and attachments.
The information noted in the Works Diary and attachments
thereto, shall be signed by the Contractor‘s Representative and
countersigned by the Engineer or his Representative. The
Contractor shall be responsible to ensure that adequate back-up
of this information is provided. In case of disagreement on a
subject noted in the Works Diary or attachments, the Contractor
shall provide its remarks/reply in writing to the Engineer within
14 days from the date when the notice has been recorded in the
Works Diary or attachment.
4.29 As Built Documents Insert new Sub-Clause 4.29:

The Contractor shall prepare, keep up to date and deliver to the
Engineer, a complete set of ―as-built‖ records and drawings of
the Works as executed, showing the exact as-built locations, size
and details of the Works as executed. These records and as-built
drawings shall be kept at the Site and shall be used exclusively
for the purposes of this Sub-clause.
In addition, the Contractor shall supply to the Engineer, as-built

drawings of the Works, showing all Works as executed, and
submit them to the Engineer for review and approval. Prior to
the issue of any Taking-Over Certificate, the Contractor shall
supply to the Engineer six copies of the relevant as-built records
and drawings (in English). The Works shall not be considered to
be completed for the purposes of taking-over under Sub-Clause
10.1 [Taking Over of the Works and Sections] until the Engineer
has received these documents.
4.30 Operation and Insert new Sub-Clause 4.30:

Maintenance Manuals Prior to commencement of the Test on Completion, the
143
Contractor shall supply to the Engineer the provisional operation

and maintenance manuals in sufficient detail for the Employer to
operate, maintain, dismantle, reassemble, adjust and repair the
Works. The Works shall not be considered to be completed for
the purposes of taking-over under Sub-Clause 10.1 [Taking Over
of the Works and Sections] until the Engineer has received the
final version of the Operation and Maintenance Manuals in such
detail and Engineer notify his satisfaction in writing.
Clause :5 Nominated Sub- The Clause with all sub-clauses stands deleted
Contractor
Clause 6 Staff and Labour

6.4: Labour Laws After the second paragraph add the following paragraphs:
―The Contractor and his Subcontractors shall abide at all times

by all existing labour enactments and rules made there under,
regulations, notifications and bye laws of the State of West
Bengal or Central Government or local authority of the Country
and any other labour law (including rules), regulations, bye laws
that may be passed or notification that may be issued under any
labour law in future either by the said State or Central
Government or the local authority. Without in any way limiting
the Contractor‘s obligations and responsibilities under the
Contract, some of the major labour laws (including but not
limited to the following) that are applicable to the construction
industry are:
(a) Workmen Compensation Act, 1923;

(b) Payment of Gratuity Act, 1972;
(c) Employees Provident Fund and Miscellaneous Provision Act,
1952;
(d) Maternity Benefit Act, 1951;
(e) Contract Labour (Regulation & Abolition) Act, 1970;
(f) Minimum Wages Act, 1948;
(g) Payment of Wages Act, 1936;
(h) Equal Remuneration Act, 1979;
(i) Payment of Bonus Act, 1965;
(j) Industrial Disputes Act, 1947;
(k) Industrial Employment (Standing Orders) Act, 1946;
(l) Trade Unions Act, 1926;
(m) Child Labour (Prohibition & Regulation) Act, 1986;
(n) Inter-State Migrant Workmen‘s (Regulation of Employment
&Conditions of Service) Act, 1979;
(o) The Building and Other Construction Workers (Regulation
of Employment and Conditions of Service) Act 1996 and the
Cess Act of 1996;
(p) Factories Act, 1948.
144
The Contractor shall keep the Employer indemnified in case any

action is initiated against the Employer by the competent
authority on account of contravention of any of the provisions of
any Act or rules made there under, regulations or notifications
including amendments thereto.
If the Employer is caused to pay or reimburse such amounts as
may be necessary to cause observance or for non-observance of
the provisions stipulated in the notifications/bye
laws/Acts/Rules/regulations including amendments thereto, if
any, on the part of the Contractor, the Contractor shall subject to
Sub-Clause 2.5 [Employer‘s Claims] pay to the Employer the
costs incurred by the Employer in paying or reimbursing the said
amounts and the amounts so paid or reimbursed. The Employer
shall also have the right to recover from the Contractor any sum
required or estimated to be required for making good the loss of
damage suffered by the Employer and any debts unpaid by the
Contractor in this regard, the same may be deducted from the
Performance Security.
Wages to Labour under relevant laws
In dealing with labour and employees, the Contractor and his

Subcontractors
(including piece rate and petty contractors) shall comply fully
with all applicable laws and
statutory regulations
such as the Payment of Wages Act, 1936, the Minimum
Wages Act, 1948, Workman‘s Compensation Act, 1923, The
Contract Labour
(Regulations and Abolition‘s) Act, 1970, Employer‘s Liability
Act, 1938, Industrial Disputes Act, 1947, Maternity Benefits
Act, 1961, Employees Provident Funds and Miscellaneous
Provisions Act, 1952, Employees State Insurance Act, 1948,
Equal Remuneration Act, 1976, Payment of Gratuity Act, 1972,
Apprentices Act, 1965, Mines Act, 1952, and other laws or
regulations framed by competent legislative authorities from
time to time, as may be applicable. In accordance with the
various Acts and regulations with all up-to-date amendments,
the Contractor shall ensure that he and his Subcontractor s
(including petty and piece rate contractors) observe strictly inter-
alia the following:
a. wages paid are not less than those prescribed;
b. wages and other dues are paid regularly and in time;
c. liens / Licenses are obtained as required under any of the Acts
or regulations;
d. maintain prescribed records, submit necessary statements to
authorities concerned and display required notices; and
e. take prompt action on any instructions/directions from the
145
authorities under various labour laws.
Supply of Labour by the Contractor
If, the Contractor directly or through petty contractors or Sub-

contractors supplies any labour to be used wholly or partly under
the direct orders and control of the Engineer or the Employer,
whether in connection with any work being executed by the
Contractor or otherwise for the purposes of the Employer, such
labour shall, for the purpose of this clause, be deemed to be
persons employed by the Contractor.
Claim on account of violation of Labour laws
If any amount shall, as a result of any instructions, directions or

decisions from the Authorities or claim or application made
under any of the labour laws or regulations, be directed to be
paid by the Employer, such amount shall be deemed to be the
amount payable to the Employer by the Contractor and on
failure of the Contractor to repay the Employer any such amount
paid or to be paid by it as aforesaid within seven days after the
same shall have been demanded, the Employer shall be entitled
to recover the amount due or accruing to the Contractor under
this or any other Contract with the Employer. The Employer
shall not be bound to contest any such claim or demand unless
the Contractor makes a written request for it, the Contractor‘s
reasons for contesting are considered reasonable by the Engineer
and the Contractor deposits the full cost that the Employer may
have to incur in contesting the case.
Report of Accidents
The Contractor shall be solely responsible for safety of all

employees, employed by him on Works, directly or through
petty contractors or Subcontractors and shall take all safety
measures at the Works Site, and shall report any accident
occurring on Works, to the Engineer or to the Engineer‘s
Representative, and shall make every arrangement to render all
possible assistance and to provide prompt and proper medical
attention. The compensation for affected Workers or their
relatives shall be paid solely by the Contractor in such cases
with utmost expeditious in accordance with the Workmen‘s
Compensation Act, 1923 or any other applicable laws.‖
6.5:Working Hours Add the following paragraph at the end:
―The Contractor shall programme his work and provide
sufficient resources
146
to enable all of the works under the Contract to be completed

within the normal working hours. In the event that the Engineer
gives consent to a request from the Contractor to carry on work
outside normal working hours (including at night or decreed
public holidays) for which the Engineer‘s attendance is
necessary or deemed necessary by the Engineer, the Contractor
shall notify such requirements well in advance to the Engineer .‖
6.8:Contractor‘s At the end of the second paragraph, add the following:
Superintendence ―For the avoidance of doubt, in this Sub-Clause, a sufficient
number of
persons means that each supervisor or foreman responsible for a
work crew carrying out one work activity at one location on the
Site shall have adequate knowledge of the language of
communications.‖
Foreign Staff and Labour

The Contractor may engage any foreign personnel who are
necessary for the execution of the Works. The Contractor shall
be solely responsible and must ensure that the foreign personnel
have the required residence visas and work permits as per the
applicable laws. The Contractor shall be responsible for the
return of such foreign personnel to the place from where they
were recruited or to their country of domicile. In the event of the
death in the Country of any of these personnel or members of
their families, the Contractor shall similarly be responsible and
liable for making the appropriate arrangements for their return or
burial.
6.9 : Contractor‘s Personnel Add the following at the end:

―For the key positions specified, the Contractor shall provide the
personnel nominated for the key positions (key personnel) in his
Tender, accepted by the Letter of Acceptance. If any of the
nominated personnel are not provided or not intended to be
provided, due to any reasons, the Contractor shall submit details
of proposed alternative key personnel to the Engineer for
approval and the proposed key personnel(s) shall not be fewer in
number and shall be of equal or better quality and experience
than the key personnel(s) being replaced.
For the key positions specified, the Contractor shall only employ
the personnel nominated for the respective positions in his
Tender and accepted by the Letter of Acceptance, or otherwise
approved by the Engineer.
The Contractor shall submit details of proposed key personnel or
replacement of the key personnel (as the case may be) to the
Engineer for approval.
Except as otherwise stated in the Contract, personnel in those

147
key positions shall not be replaced or removed from the Site

during the Contract unless:
(a) the Engineer approves the replacement or removal;
(b) an instruction is given by the Engineer pursuant to Sub-
Clause 6.9
[Contractor’s Personnel];
(c) that personnel dies, retires or resigns (other than to accept
other employment with the Contractor or any associate of the
Contractor) or otherwise suffers from ill health or some
serious domestic problem; or
(d) that section or part of the Works under the control of the key
position has been completed.
The Contractor shall be responsible for ensuring the approval for
and replacement of key personnel (if required) is arranged in due
time so that the progress of the Works shall not be adversely
affected. The Contractor shall not mobilise such personnel
without the prior approval of the Engineer.
6.10:Records of Add the following paragraph at the end:

Contractor‘s ―The records of the Contractor‘s Equipment shall include a daily
Personnel and Equipment record of the status of each major piece of plant and equipment,
including operating, standby or under repair. If under repair, the
expected date of returning the equipment to operating condition
shall be stated. Monthly compilation of such report shall be
submitted by the Contractor to the Engineer for record.‖
7.1: Manner of Execution The first two lines shall be deleted and shall be replaced with:
―The Contractor shall only utilise the Materials and carry out the
Works :‖
7.3: Inspection In sub para (b) the words ―production, manufacture and‖ shall be
deleted.
Further, in the third line of sub para (b) the words ―manufacture
of Plant and production and manufacture of Materials‖ shall be
deleted and will be replaced by the following:
―construction/Works‖
The content of last paragraph shall be deleted and shall replace

with the following:
―The Contractor shall give notify the Engineer whenever any
part or whole of Works are ready. The Engineer shall then either
carry out the examination, inspection, measurement or testing
without unreasonable delay, or promptly give notice to the
Contractor that the Engineer does not require to do so. If the
Contractor fails to give the notice, he shall, if and when required
by the Engineer, uncover the work and thereafter reinstate and
make good, all at the Contractor‘s cost.‖
148
7.4:Testing The words ―Plant, Materials and other‖ appearing in the last line
of second paragraph shall be deleted.
The word ―Plant‖ appearing in the third line of the third

paragraph shall be deleted.
7.5: Rejection The word ―Plant‖ appearing in the first line and in the third line
of the first paragraph shall be deleted.
The word ―Plant‖ appearing in the first line of the second

paragraph shall be deleted.
7.6: Remedial Work The words ―Plant or‖ appearing in the first line of sub para (a)
shall be deleted.
Clause 8 COMMENCEMENT, DELAYS AND SUSPENSION

Sub-Clause
8.3 Programme At the end of the Sub-Clause add the following
―Programme of Works shall mean the detailed programme of
Works including cash flow forecast. Failure to comply with this
sub-clause shall entitle the Employer, subject to Sub-Clause 2.5,
to payment of damages by the Contractor.‖
8.4: Extension of Time for Sub para (d) stands deleted.
Completion
At the end of this Sub-Clause, add the following:
―It is a condition precedent to the Contractor's entitlement to an

extension of the Time for Completion that the Contractor must:
(i) have provided the notices as required by this Sub-Clause;
(ii) not have caused, or contributed to, the delay;
(iii) have taken all steps necessary both to preclude or mitigate
the cause of the delay and to avoid or minimise or mitigate
the consequences of the delay; or
(iv) have actually been, or be likely to be, delayed in completing
the Works by a cause set out in sub-paragraphs (a) , (b) , (c)
and (e) above.
8.7 Delay Damages Add the following at the end :
In case the delay damages calculated for such a delay, or the
cumulated delay damages calculated for repeated delays, reach
the total amount of the delay damages calculated in accordance
with the provisions stated herein, the Employer shall subject to
Sub-clause 15.2 [Termination by Employer] be entitled to
terminate the Contract.
8.9: Consequences of In the third para delete the words ―or to payment of the cost
Suspension incurred in‖
149
8.11: Prolonged Suspension In second line of para 1 after the word ―proceed‖ the following
shall be deleted:
―If the Engineer does not give permission within 28 days after
being requested to do so, the Contractor may, by giving notice to
the Engineer, treat the suspension as an omission under Clause
13 [Variations and Adjustments] of the affected part of the
Works. If the suspension affects the whole of the Works, the
Contractor may give notice of termination under Sub-Clause
16.2 [Termination by Contractor].‖
CLAUSE: 10 EMPLOYER‘S TAKING OVER

Sub-clause
10.2: Taking Over of Parts Insert at the end of the second paragraph of this Sub-Clause
of the Works 10.2:
Notwithstanding the above, if the any part of the Works is used
by the Employer or any other person entitled in this respect, in
order to
temporarily maintain the continuous operation and activity of
public utilities, or of services of public interest, than such use
shall not be deemed as a taking-over. This shall include use of
such portions on which traffic was plying prior to
commencement of the Contract or as temporary measure which
is either specified in the Contract or agreed by both the Parties
or as per instruction of the Engineer to maintain uninterrupted
flow of traffic prior to taking over.
Clause :11 Defect Liability

Sub-clause
11.11 : Clearance of Site At the end of the first paragraph, add the following:
―and shall reinstate and restore all areas used/utilized by the
Contractor (other than those covered by the Works) and shall
leave the Site in a neat and tidy condition to the satisfaction of
the Engineer.‖
At the end of the Sub-Clause, add the following paragraph:
―Upon the completion of construction, the Contractor shall fully
reinstate pathways, other local infrastructure, and agricultural
land to at least their project condition as recorded by the
Contractor in consonance with its obligation in Clause 4.16‖
11.12 : Routine New Sub Clause
Maintenance due to normal
wear and tear During the Defect Notifications Period, the Contractor shall
carry out periodic joint inspections of the Project at regular
intervals. However, not more than two months shall elapse
between the two joint inspections except for the June to October
when inspection shall be carried out once fortnightly. Any wear
and tear, apart from defect in Works (both in roads and
structures) shall be identified and repaired within a fortnight of
150
such inspection. Cost of such repair work of wear and tear shall
be treated as incidental and no separate payment to the
Contractor shall be made. In case the Contractor refuses or fails
to carry out such repair, Employer shall get such repair work
done at the risk and cost of the Contractor and any payment
made shall be adjusted against any payment due to the
Contractor for bills or from securities already deposited, if any.
CLAUSE: 12 MEASUREMENT AND EVALUATION
Sub-clause
12.2: Method of Following sub para (c) is added.
Measurement
‗measurements are to be recorded in a computerised
measurement book‘
12.3: Evaluation In Sub-Clause 12.3 (a) (i): replace ―10%‖ with ―25%‖
In Sub-Clause 12.3 (a) (ii): replace ―0.01%‖ with ―0.5%‖
In Sub-Clause 12.3 (a) (iii): replace ―1%‖ with ―2.5 %‖.
―Reasonable profit shall be limited to not more than 5% for the

purpose of this Clause.‖
12.4: Omissions Add the following at the end:
However Engineer shall determine the cost, if such Omissions
results in cumulative reduction of scope valued at more than
15%(Fifteen Percent ) of Contract Price.
CLAUSE: 13 VARIATIONS AND ADJUSTMENTS
Sub-clause
13.2: Value Engineering Content of this sub-clause stands deleted.
13.6: Daywork Content of this sub-clause stands deleted.
13.8:Adjustments for Delete Sub Clause 13.8 in its entirety and substitute with the
Changes in Cost following sub-clauses :
13.8.1:Price Adjustments The amounts payable to the Contractor and valued at base rates
and prices pursuant to Sub-Clause 14.3 hereof shall be adjusted
in respect of the rise or fall in the indexed costs for labour,
Contractors Equipment and plant, materials and other inputs to
the Works, by the addition or subtraction of the amounts
determined by the formulae prescribed in this Sub-Clause.
13.8.2: Other Changes in To the extent that full compensation for any rise or fall in the
Cost costs to the Contractor is not covered by the provisions of this or
other Clauses in the Contract, the unit rates and prices included
in the Contract shall be deemed to include amounts to cover the
151
contingency of such other rise or fall in costs.
The following items shall not be included in the price adjustment

calculation:
(a) Liquidated damages;

(b) Retention withheld and released;
(c) Advance payments in the form of loan and their repayments
(d) The value of any additional or varied work valued at current
prices;
13.8.3:
Adjustment for Changes in The formula(e) for adjustment of prices are:
Cost
R = Value of Work for the period under consideration to which a
particular Interim Payment Certificate is related.
Adjustment for labour component
(i) Price adjustment for increase or decrease in the

cost due to labour shall be paid in accordance
with the following formula:
VL = 0.85 x PI/100 x R x (Li – Lo )/Lo
VL = increase or decrease in the cost of Work

during the month under consideration due
to changes in rates for local labour.
Lo = The consumer price index for industrial
workers for Kolkata in the State of West
Bengal for the month falling on 28 days
preceding the Bid Due Date as published
by Labour Bureau, Ministry of Labour,
Government of India.
L= The consumer price index for industrial
workers for the State of West Bengal
(Kolkata) as published by Labour Bureau,
Ministry of Labour, Government of India
for the month to which the works done in
a particular Interim Payment Certificate is
related. If at any time the current indices
are not available, provisional indices as
determine by the engineer will be issued
subject to subsequent correction of the
amount paid to the contractor when the
current indices become available.
Pl= Percentage of labour component of the
Work.
Adjustment for cement component
152
(ii) Price adjustment for increase or decrease in the

cost of cement procured by the contractor shall be
paid in accordance with the following formula:
Vc= 0.85 x Pc/100 x R x (Ci – Co )/Co
Vc = increase or decrease in the cost of Work
to changes in rates for cement.
Co = The all India wholesale price index for Ordinary Portland
Cement for the month falling on 28 days preceding the Bid Due
Date as published by Office of the Economic Advisor, Govt. of
India, Ministry of Commerce and Industries.
Ci = The all India average wholesale price index for Ordinary

Portland Cement as published by office of the Economic
Advisor, Govt. of India, Ministry of Commerce and
Industriesfor the month to which the works done in a particular
Interim Payment Certificate is related . If at any time the current
indices are not available, provisional indices as determine by the
engineer will be issued, subject to subsequent correction of the
amount paid to the contractor when the current indices become
available.
Pc = Percentage of cement component of the
Work
Item captioned Ordinary Portland Cement shall

be taken in WPI 2011-12 Series for this Index
Adjustment for steel component [Angles, Channels,

Sections, steel (coated/not)]
(iii) Price adjustment for increase or decrease in the

cost of steel procured by the Contractor shall be
paid in accordance with the following formula:
Vs = 0.85xPs/100xRx(Si – So )/So
Vs = Increase or decrease in the cost of Work
to changes in the rates for steel.
So = The all India wholesale price index for

steel [Angles, Channels, Sections, steel
(coated/not)]for the month falling on 28
days preceding the Bid Due Date as
published by Office of the Economic
Advisor, Govt. of India, Ministry of
Commerce and Industries.
Si= The all India average wholesale price
index for steel [Angles, Channels,
153
Sections, steel (coated/not)] as published

by Office of the Economic Advisor, Govt.
of India, Ministry of Commerce and
Industries for the month to which the
works done in a particular interim
payment certificate is related. If at any
time the current indices are not available,
provisional indices as determine by the
engineer will be issued subject to
subsequent correction of the amount paid
to the contractor when the current indices
become available.
Ps = Percentage of steel component of the
Work
Item captioned steel [Angles, Channels, Sections,

steel (coated/not)] shall be taken in WPI 2011-12
Series for this Index
Adjustment for steel Structure component
(iv) Price adjustment for increase or decrease in the

cost of steel structure procured by the Contractor
shall be paid in accordance with the following
formula:
Vss = 0.85 x Pss/100 x R x (SSi – SSo)/SSo
Vss = Increase or decrease in the cost of Work

during the month under consideration due to
changes in the rates for steel structure
SSo = The all India wholesale price index for

steel structure for the month falling on 28
days preceding the Bid Due Date as
Advisor, Govt. Of India, Ministry of
Commerce and Industries
SSi= The all India average wholesale price

index for steel structure as published by
Office of the Economic Advisor, Govt. Of
India, Ministry of Commerce and Industries
for the month to which the works done in a
particular interim payment certificate is
154
related. If at any time the current indices are

not available, provisional indices as
determine by the engineer will be issued,
Pss = Percentage of steel structure component of

the Work
Note: For the application of this clause, index of

steel structure has been chosen to represent the
steel structure group [WPI-2011-12 Series for
this Index]
Adjustment of bitumen component
(v) Price adjustment for increase or decrease in the

cost of bitumen shall be paid in accordance with
the following formula:
Vb = 0.85 x Pb /100 x R x (Bi – Bo )/Bo
Vb= Increase or decrease in the cost of Work

to changes in rates for bitumen.
Bo = The official retail price of bitumen at the

IOC depot at nearest centre for the day
falling on 28 days preceding the Bid Due
Date Bid Due Date .
Bi = The official retail price of bitumen of IOC

depot at nearest center for the month to
which the works done in a particular
interim payment certificate is related.
Pb = Percentage of bitumen component of the

Work
Adjustment of POL (fuel and lubricant) component
(vi) Price adjustment for increase or decrease in cost

of POL (fuel and lubricant) shall be paid in
accordance with the following formula:
155
Vf = 0.85 x Pf/100 x R x (Fi - Fo)/Fo
Vf =Increase or decrease in the cost of Work

during the month under consideration due to
changes in rates for fuel and lubricants.
Fo =The official retail price of High Speed Diesel

(HSD) at the existing consumer pumps of
IOC at nearest center for the day falling 28
days prior to Bid Due Date .
Fi =The official retail price of HSD at the existing
consumer pumps of IOC at nearest center for
the month to which the works done in a
related. In case of change in prices over the
month , simple average of prices for the
month to which the works done in a
related, shall be taken .
Pf = Percentage of fuel and lubricants component

of the Work.
Note: For the application of this clause, the price

of High Speed Diesel oil has been chosen to
represent fuel and lubricants group.
Adjustment for Plant and Machinery Spares Component
(vii) Price adjustment for increase or decrease in the

cost of plant and machinery spares procured by
the Contractor shall be paid in accordance with
the following formula:
Vp = 0.85 x Pp/100 x R x (Pi-Po)/Po
Vp = Increase or decrease in the cost of Work

to changes in rates for plant and
machinery spares
Po = The all India wholesale price index for

Manufacture of machinery for mining ,
quarrying & construction for the month
falling 28 days prior to the Bid Due Date
as Published by Office of the Economic
156
Pi = The all India average wholesale price

index for Manufacture of machinery for
mining, quarrying & construction as
Commerce and Industries for the month to
which the works done in a particular
interim payment certificate is related. . If
at any time the current indices are not
available, provisional indices as determine
by the engineer will be issued, subject to
subsequent correction of the amount paid
to the contractor when the current indices
become available
Pp = Percentage of plant and machinery spares

component of the Work.
Item captioned Manufacture of machinery

for mining, quarrying & construction shall
be taken in WPI 2011-12 Series for this
Index
Adjustment of Other materials Component
(viii) Price adjustment for increase or decrease in cost

of local materials other than cement, steel,
bitumen and POL procured by the contractor shall
be paid in accordance with the following formula:
Vm= 0.85xPm/100xRx(Mi-Mo)/Mo
Vm = Increase or decrease in the cost of Work

to changes in rates for local materials
other than cement, steel, bitumen and
POL.
Mo = The all India wholesale price index (all

commodities) for the month falling 28
days prior to the Bid Due Date, as
157

Mi = The all India wholesale price index (all

commodities) as published by Office of
the Economic Advisor, Govt. Of India,
Ministry of Commerce and Industries for
the month to which the works done in a
related. . If at any time the current indices
are not available, provisional indices as
determine by the engineer will be issued,
Pm = Percentage of local material component

(other than cement, steel, bitumen and
POL) of the Work.
Note: For the application of this clause, index of

All Commodities has been chosen to represent the
Other materials Component [WPI-2011-12 Series
for this Index]
The following percentages will govern the price adjustment for

the entire contract:
1. Labour – Pl 25%
2. Cement – Pc 15 %
3. Steel- PS 20 %
4. Steel Structure - Pss 8%
5. Bitumen – Pb 10 %
6. POL – Pf 5%
7. Plant & Machinery Spares– Pp 5%
8. Other materials – Pm 12 %
Total= 100%
158
F) Base, Current and Provisional Indices
If, at any time the current officially published indices are not
available, provisional indices as determined by the Engineer will
be used, subject to subsequent correction of the amounts paid to
the Contractor when the current indices become available. The
Contractor shall provide copy of publications of the officially
published base cost indices and prices with his bid if not
available online in public domain. With the submission of each
application for a Payment Certificate, original publications of
current cost indices and prices shall be provided.
G) Price Adjustment
The Price adjustment shall be evaluated for the relevant date of
each Interim Payment Certificate submitted by the Contractor
pursuant to Sub-Clause 14.3 using the weightage prescribed in
the Sub-Clause and the related current and base cost indices,
subject to any changes or corrections made in accordance with
para (F) of this Sub-Clause.
H) The Adjustable Amount

The adjustable amount of each Interim Payment Certificate shall
be the difference between (i) the amount which, in the opinion of
the Engineer,
shall be due to the Contractor pursuant to Sub-Clause 14.3
(before deducting retentions) including the amount at base rates
and prices of the scheduled Work carried out and Day works
(unless otherwise adjusted) but excluding the value of materials
on site, and (ii) the amounts calculated in (i) above and included
in the last preceding Interim Payment Certificate issued by the
Engineer
I) The Adjusted Amount
The adjusted amount of each Payment Certificate shall be
determined by applying the Price Adjustment to the adjustable
amount, and shall become payable to the Contractor in
accordance with the provisions of Clause 14 subject to any
deductions there from for retention money, liquidated damages
and any other moneys due to the Employer from the Contractor
including the recovery of mobilisation advances, if any.
J) Adjustment after Completion
If the Contractor fail to complete the Works within the time for
completion under Sub-Clause 8.2, adjustment of prices
thereafter until the date of completion of the Works shall be
made using either the indices or prices relating to the prescribed
time for completion, or the current indices or prices, whichever
is more favourable to the Employer, provided that if an
extension of time is grated pursuant to Clause 8.4, the provisions
159
of Price Adjustments as per 13.8.3 shall continue to apply.
CLAUSE: 14 CONTRACT PRICE AND PAYMENT

Sub-clause
14.2:Advance Payment Replace the content of the Clause with the following :
The Employer shall make advance payment as interest bearing
loan for mobilisation after the Contractor submits a
unconditional and irrevocable bank guarantee in accordance
with this sub-clause.
Total Advance Payment, the number of instalments shall be as
stated in the Appendix to Tender.
The Engineer shall issue an Interim Payment Certificate for the
First Instalment after receiving a Statement in accordance with
the sub-clause 14.3 [Application for Interim Payment
Certificates ] and after fulfilment of following conditions :
a) Employer has received Performance Security in accordance
with sub-clause 4.2, Contractor has signed the Contract
Agreement and submitted Insurance as per Contract
b) A guarantee in amount and currencies equal to 110% (One

Hundred Ten Percent) of the advance payment has been
received in format issued or approved by the Employer.
The Contractor shall initially submit Bank Guarantee valid
till the end of the Date of Completion for the whole of
Works (excluding Defect Notification Period) but shall
ensure that guarantee remain valid and enforceable until
advance payment has been repaid .The Contractor may
furnish separate bank guarantees for each instalment at the
time of application for mobilization advance and all such
guarantees must remain valid till the recovery of the
advance against each such bank guarantee. If Contractor
submits such Bank Guarantees in not more than four parts
(each being 25% of the Advance paid), such Bank
Guarantee shall be progressively released as and when
Advance equivalent to the amount of bank guarantee shall
be progressively repaid. .
Such Mobilization Advance shall bear interest @ SBI

MCLR on last day of previous month prior to the Bid Due
Date PLUS 2% .Such interest rate shall remain fixed till
recovery of advance in full.
The mobilization advance of 10% (Ten Percent ) of Contract

Price shall be paid in four instalments of not more than 2.5%
of the Contract Price as follows:
i) First Instalment of twenty five percent of mobilization
advance shall be paid subject to fulfilment of all of the
160
following conditions :
a) Mobilised Site Office and has set up substantially

functional Laboratory with equipment‘s and furniture on
site and same has been certified by the Engineer.
And
b) Submitted application for Mobilisation Advance with

unconditional and irrevocable bank guarantee and
submission of itemized utilization plan of such
Mobilization Advance and documentation as per terms of
the Bidding Document.
ii) Second Instalment of total mobilization advance will be paid
upon submission of Bank Guarantee and submission of
itemized utilization plan of such Mobilization Advance and
documentation as per terms of the Bidding Document after
fulfilment of all the following conditions:
a) substantially completed exploratory boring , if
applicable
c) mobilised of requisite number of piling rigs and
commenced piling works
d) installed its Concrete batch-mix plant exclusive for the
Project and certification by the Engineer to such effect,
and
e) Completed measured work (excluding escalation) not
less than 5% of the Contract Price.
iii) Third Instalment of total mobilization advance will be paid

a) After achieved financial progress of atleast 15%

(Fifteen percent) of Contract Price as per gross
certified IPC by the Engineer provided such financial
progress is achieved not later than 365 days from the
Commencement Date without considering any
Extension Time prayed or granted.
iv) Fourth Instalment of total mobilization advance will be paid

a) After achieved financial progress of atleast 40% (Forty

percent) of the Contract Price as per gross certified IPC by
161
the Engineer provided such financial progress is achieved

not later than 730 (seven and thirty days) from the
Commencement Date without considering any Extension
Time prayed or granted.
Provided further that release of any mobilisation advance shall

be subject to submission of Utilisation Certificate of the
previous Instalment of Mobilisation Advance and such
Utilisation Certificate must be certified by a Chartered
Accountant under his/her seal and signature and recommended
by the Engineer. Advance shall be released by Employer within
30 (Thirty) working days of submission of the Application only
by the Contractor but only on receipt of full documentation in
satisfactory form from the Contractor and receipt of
confirmation of Bank Guarantee from the issuing Bank .
In case the advance along with interest due is repaid, Bank

guarantees shall be progressively released by the Employer.
Contractor shall submit utilization certificate specifying the
usage of the sums so drawn have been put to, supported by
documentary evidence, within 120 days from date of release of
such advance.
If the advance payment has not been repaid prior to the issue of
the Taking Over Certificate for the Works or prior to
Termination under Clause 15 [Termination by Employer],
Clause 16 [Suspension or Termination by Contractor] or Clause
19 [Force Majeure ] the whole or balance of Advance , then
outstanding shall immediately become due and payable by the
Contractor to the Employer and Employer shall be entitled to
recover such Advance from any dues or Securities of the
Contractor .
14.3: Application for The following shall be added at the end of the sub clause as sub
Interim Payment Certificates clause 14.3.1:
―The Contractor may replace the amount retained by the
Employer as Retention Money with a bank guarantee of
equivalent value in the format provided in the Bidding
Document with the prior written consent of the Employer.‖
14.4: Schedule of Payments Content of this sub-clause stands deleted.

14.5 Plant and Materials This sub-clause shall stand deleted.
intended for the Works
14.7 Payment Add the following at the end
The Contractor shall be entitled to be paid from time to time, by
way of ―On-account‖ payment for every Interim Payment
Certificate (IPC), only for such Works, as, in the opinion of the
Engineer, the Contractor has executed in terms of the Contract.
162
Such ―On-account‖ payments shall normally be made once in a

Calendar month. The Contractor shall submit the Statement, by
the date stipulated by the Engineer, in the prescribed Performa,
supported with measurements, jointly acknowledged and
accepted in the measurement books. After preliminary scrutiny
by the Engineer, payment of 80% of the amount shall be
recommended for payment by the Engineer to the Employer
within 14 days. Employer shall pay the amount
recommended as “on account payment” within 7 days of
receipt of recommendation by the Engineer in form of
Interim Payment Advice (IPA). The amount recommended
shall account for all deductions, including statutory deductions
as for GST, income tax, other levies , Cess etc., recoveries for
advances and any amounts due from the Contractor. The balance
payment after “on account‖ shall be paid on receipt Interim
Payment Certificate from the Engineer. The Engineer shall
issue Interim Payment Certificate to the Employer within 28
days after the Engineer receives the Statement and supporting
documents from the Contractor and such Payment shall be made
by the Employer to the Contractor within 28 days after receipt
of Interim Payment Certificate from the Engineer .Such on
account payment or Interim payments made by the Employer,
shall not constitute any final acceptance of the measurements or
Bill of Quantities by the Engineer /Employer and the
Engineer/Employer shall have the right to alter, modify, reduce
or diminish the quantities or classification entered in the
Measurement Books or IPC at a later date till issue of Final
Payment Certificate at the end of Defect Notification Period .
The Engineer shall have right to make recommendation of
recovery of any amount paid in the earlier IPC from any
subsequent IPC of Final Payment Certificate due to rectification
of measurement which requires such recovery of payment .
‗On account‘ payments made in respect of work; done or

materials delivered by the Contractor, shall be without prejudice
to the final accounts, (except where measurements are
specifically noted in the measurement book as ―final
measurements‖ and have as such been signed by the Contractor),
and shall not be considered by itself to be evidence of any facts,
stated in or to be inferred from such payments or of any work
done or materials supplied, or of the manner of its execution.
Provided that the Engineer shall not certify any payment under
this sub clause if the net amount payable to Contractor after all
retentions and deductions is less than:
a) Minimum Amount of Interim payment certificates shall
be 0.5% of the Contract Priceper month for 1st three
months from the date of commencement of Work; and
163
b) Minimum Amount of Interim payment certificates shall

be 1% of the Contract Price per month after three months
as specified in (a) above.
14.8: Delayed Payment Delete the Content of this sub clause and replace with the
following :
If the Contractor does not receive payment in accordance with

Sub-Clause 14.7 [Payment], the Contractor shall be entitled to
receive interest on the amount unpaid during the period of delay.
This period shall be deemed to commence on the date for
payment specified in Sub-Clause 14.7 [Payment],
Irrespective (in the case of its sub-paragraph (b)) of the date on
which any Interim Payment Certificate is issued. The rate of
such interest shall be Savings Bank Interest Rate of State Bank
of India prevailing on last day of the month previous to the
month containing Bid Due Date and shall remain fixed over the
entire Contract Period.
14.9: Payment of Retention The heading of this sub clause shall be replaced with the
Money following:
―Payment of Retention Money/Release of bank guarantee‖
In the second line of para 1 after the word ―Contractor‖ add the
words ―or for the release of the relevant bank guarantee provided
in terms of sub clause 14.3.1‖
In the fourth line of para 1 after the word ―paid‖ add the words
―or in case of substitution of the relevant of Retention Money
with a bank guarantee, the said bank guarantee may be
released.‖
In the third line of para 2 after the word ―Contractor‖ add the
words ―or for release of the relevant bank guarantee, as the case
may be.‖
In the fourth line of para 2 after the word ―paid‖ add the words
―or for the release of the relevant bank guarantee provided in
terms of sub clause 14.3.1.‖
Clause :15 Termination by Employer
Sub: clause
15.1: Notice to Correct In the first line after the word ―Engineer‖ add the words ―and/or
164
the Employer‖.
15.2:Termination by Insert the following Text at the end para 5:

Employer
―Employer shall be entitled to recover 20% (Twenty Percent ) of
the cost of unfinished work as per the Contract Rate which
would have been done by the Contractor had there been no
termination , as certified by the Engineer . Employer shall be
entitled to recover this recoverable amount from any Payment
due from the Contractor, securities, Retention Money and
Additional Performance Securities.
This amount shall be mutually agreed pre-estimated

compensation and damage payable to the Employer for inter-alia
time cost and effort of the Employer.‖
Insert the following Text at the end para 6:

If any sums are still due to the Employer, the same shall be
recoverable by the Employer as per the provisions of prevailing
laws of the Employer's Country (India)."
―Provided always that in case any of the powers conferred upon

the Employer, shall have become exercisable, and the same may
not have been exercised, the non-exercise thereof shall not
constitute waiver of any of the power/conditions thereof. Any
such powers shall, notwithstanding, be exercisable in the event
of any future case of default by the Contractor for which his
liability in the past or future shall remain unaffected.‖
Clause 16 Suspension and Termination by Contractor
16.1 Contractor‘s Para 1
Entitlement to Suspend Delete ― the Employer fails to comply with Sub Clause 2.4
Work [Employer‘ Financial Arrangements]‖
Delete Para 2
―The Contractor‘s action shall not prejudice ………Sub Clause
16.2 [Termination by Contractor ]‖
16.2: Termination by Delete sub-para (a) , (d) and (f)

Contractor
16.4: Payment on The content of sub para (c) shall be deleted.
Termination
CLAUSE: 17 RISK AND RESPONSIBILITY
17.1: Indemnities In the last paragraph add the word ―gross‖ after the word ―any‖
and before the word ―negligence‖.
165
In the sixth line of last paragraph the following shall be deleted

―(2) shall be deleted the matters for which liability may be
excluded from insurance cover, as described in sub-paragraphs
(d)(i), (ii) and (iii) of Sub-Clause 18.3 [Insurance Against Injury
to Persons and Damage to Property].‖
17.3 Employer‘s Risk Delete sub-para (f)
18: Insurance The Content of this clause shall be deleted and replaces with the
following:
―The Contractor shall effect and maintain at its own cost, during
the Time for Completion and Defect Notification Period, such
insurances for such maximum sums as may be required under
the applicable laws, and such insurances as may be necessary or
prudent in accordance with good industry practice to cover third
party claims and Force Majeure events. The Contractor shall
also effect and maintain such insurances as may be necessary for
mitigating the risks that may devolve on the Employer as a
consequence of any act or omission of the Contractor during the
Works. The Contractor shall procure that in each insurance
policy, the Employer shall be a co-insured and that the insurer
shall pay the proceeds of insurance to the Employer.
(a) Notice to the Authority
No later than 45 (forty-five) days prior to the

Commencement Date, the Contractor shall by notice
furnish to the Employer, in reasonable detail, information
in respect of the insurances that it proposes to effect and
maintain in accordance with this sub clause. Within 30
(thirty) days of receipt of such notice, the Employer may
require the Contractor to effect and maintain such other
insurances as may be necessary pursuant hereto and in
the event of any difference or disagreement relating to
any such insurance, the same shall be settled as per
Clause 20 shall apply.
(b) Evidence of Insurance Cover
All insurances obtained by the Contractor in accordance

with this clause shall be maintained with insurers on
terms consistent with good industry practice. Within 15
(fifteen) days of obtaining any insurance cover, the
Contractor shall furnish to the Employer, notarised true
copies of the certificate(s) of insurance, copies of
166
insurance policies and premia payment receipts in

respect of such insurance, and no such insurance shall be
cancelled, modified, or allowed to expire or lapse until
the expiration of at least 45 (forty five) days after notice
of such proposed cancellation, modification or non-
renewal has been delivered by the Contractor to the
Employer.
(c) Remedy for failure to insure
If the Contractor shall fail to effect and keep in force all

insurances for which it is responsible pursuant hereto, the
Employer shall have the option to either keep in force
any such insurances, and pay such premia and recover
the costs thereof from the Contractor, or in the event of
computation of termination payment, treat an amount
equal to the Insurance Cover as deemed to have been
received by the Contractor.
(d) Waiver of subrogation
All insurance policies in respect of the insurance

obtained by the Contractor pursuant to this clause shall
include a waiver of any and all rights of subrogation or
recovery of the insurers thereunder against, inter alia, the
Employer, and its assigns, successors, undertakings and
their subsidiaries, affiliates, employees, insurers and
underwriters and of any right of the insurers to any set-
off or counterclaim or any other deduction, whether by
attachment or otherwise, in respect of any liability of any
such person insured under any such policy or in any way
connected with any loss, liability or obligation covered
by such policies of insurance.
(e) Contractor‘s waiver
The Contractor hereby releases, assigns and waives any

and all rights of subrogation or recovery against, inter
alia, the Employer and its assigns, undertakings and their
subsidiaries, affiliates, employees, successors, insurers
and underwriters, which the Contractor may otherwise
have or acquire in or from or in any way connected with
any loss, liability or obligation covered by policies of
167
insurance maintained or required to be maintained by the

Contractor pursuant to this Contract (other than third
party liability insurance policies) or because of
deductible clauses in or inadequacy of limits of any such
policies of insurance.
(f) Application of insurance proceeds
The proceeds from all insurance claims, except life and

injury, shall be paid to the Contractor and the Contractor
shall mandatorily apply such proceeds for any necessary
repair, reconstruction, reinstatement, replacement,
improvement, delivery or installation of the project and
the balance remaining, if any, shall be applied in
accordance with the instructions of the Engineer. Any
failure in aforesaid mandatory application shall be
deemed to be Contractor default entitling Employer to
terminate the Contract in terms hereof; provided however
in case of such termination the insurance proceeds
received from the insurer and not applied as aforesaid
shall be set off from the termination payments, and the
Contractor hereby expressly agrees and consents to the
same.‖
19.7 Release for This sub-clause stands deleted

Performance under Law
CLAUSE: 20 CLAIMS, DISPUTES AND ARBITRATION
20.6 Arbitration The content of paragraph 1 shall be deleted and shall be replaced
with the following:
Any Dispute which is not resolved amicably, the Dispute shall be

finally settled by arbitration in accordance with the Arbitration
&Conciliation Act, 1996 as amended from time to time. The
Arbitral Tribunal shall consist of 3 Arbitrators, one each to be
appointed by the Employer and the Contractor. The third
Arbitrator shall be chosen by the two Arbitrators so appointed by
the Parties and shall act as Presiding Arbitratorand in the event of
disagreement between the two arbitrators, the appointment shall be
made in accordance with the Arbitration &Conciliation Act, 1996.
The venue of such arbitration shall be Kolkata, West Bengal and

the language of arbitration proceedings shall be English.
168
ADDITIONAL CLAUSES
21.0 UTILITIES 21.1 Existing utilities and roads
AND TREES
Notwithstanding anything to the contrary contained herein, the
Contractor shall ensure that the respective entities owning the existing
roads, right of way, level crossings, structures, or utilities on, under or
above the Site are enabled by it to keep them in continuous satisfactory
use, if necessary, by providing suitable temporary diversions with the
authority of the controlling body of that road, right of way or utility.
21.2 Shifting of obstructing utilities

The Contractor shall, in accordance with Applicable Laws and with
assistance of the Employer , cause shifting of any utility (including
electric lines, water pipes and telephone cables) to an appropriate
location or alignment, if such utility or obstruction adversely affects the
execution of Works in accordance with this Agreement. The actual cost
of such shifting, as approved and communicated by the entity owning
the utility, shall be paid by the Contractor and reimbursed by the
Employer to the Contractor.
The cost of such shifting shall be borne by the Employer or by the entity
owning such utility, if the Employer so directs, and in the event of any
delay in shifting thereof, the Contractor shall be excused for failure to
perform of its obligations hereunder if such failure is a direct
consequence of delay on the part of the entity owning such electric lines,
water pipes or telephone cables, as the case may be. Employer shall
bear the cost of shifting as per the approved Estimate with detailed
scope and break-up from the entity owning the Utility and such cost
shall be paid to the Contractor progressively along with Interim
Payment. For co-ordination and management of shifting of Utilities,
relevant BOQ Item shall be operated. No other additional cost shall be
paid and any overhead/profit considered by the Contractor shall be
deemed to be incidental to the Contract Price.
Regarding this following procedure shall be followed :
(i) The Civil Contractor shall, in accordance with Applicable Laws and
with assistance of the Department/Employer, execute shifting of
electrical utilities to an appropriate location or alignment, if such
utilities or obstructions adversely affect the execution of the civil
works, through any enlisted erection contractor/ agency of WBSEDCL/
CESC. If the Civil Contractor himself is enlisted with WBSEDCL/CESC
for such works, he may execute the shifting work himself under the
supervision of WBSEDCL/CESC.
(ii) A programme of work schedule in detail will have to be submitted
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prior to commencement of the work so that WBSEDCL/CESC can

arrange for necessary supervision.
(iii) The materials/ equipment to be utilized in the shifting work must
conform to the specifications and drawing of WBSEDCL/CESC as the
case may be and as per its approved GTP (General Technical
Particulars).
(iv) The dismantled Distribution Transformers are to be returned to the
store of WBSEDCL.
(v) The services to the existing consumers will not be allowed to get
affected for such shifting works without prior approval of
WBSEDCL/CESC.
The actual cost of such shifting, as approved and communicated by
WBSEDCL/CESC, shall be paid by the civil Contractor and
reimbursed by the Department/Employer to the contractor.
For Felling of trees the Employer shall assist the Contractor in obtaining
the Applicable Permits for felling of trees to be identified by the
Employer or its Consultant for this purpose, if and only if such trees
cause a material adverse effect on the construction, operation or
maintenance of the Project. The cost of such felling shall be borne by the
Employer, and in the event of any delay in felling thereof for reasons
beyond the control of the Contractor, it shall be excused for failure to
perform any of its obligations hereunder if such failure is a direct
consequence of delay in the felling of trees due to permission from the
Forest Department or applicable authorities. For the avoidance of doubt,
the Parties hereto agree that the felled trees shall be deemed to be owned
by the Employer and shall be disposed in such manner and subject to
such conditions as the Employer may in its sole discretion deem
appropriate. Contractor shall be compensated through relevant BOQ
item for felling of the trees, transportation, stacking, guarding etc. till
disposal by the authority.
Access to land for construction of obligatory span within Railway land

shall be subject to rules and regulations of the Railway authority and
necessary approvals of Drawing, Erection Scheme, Launching Scheme
and safety regulations of the respective Railway Authorities.
21.3 New utilities
The Contractor shall allow, subject to such conditions as the Employer

may specify, access to, and use of the Site for laying telephone lines,
water pipes, electric cables or other public utilities. Where such access
or use causes any financial loss to the Contractor, it may require the user
of the Site to pay compensation or damages as per Applicable Laws. For
the avoidance of doubt, it is agreed that use of the Site under this Clause
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21.3 shall not in any manner relieve the Contractor of its obligation to
construct the Project in accordance with this Agreement and any damage
caused by such use shall be restored forthwith at the cost of the
Employer. The Employer may, by notice, require the Contractor to
connect any adjoining road to the Project Highway, and the connecting
portion thereof falling within the Site shall be constructed by the
Contractor at the Employer‘s cost .
22. Contractor‟s 22.1 Engagement of Design Director

Design Consultant
A) Within 21 (twenty-one ) days of the Commencement Date, the
Contractor shall:
(a) appoint a design director (the ―Design Director‖) who will head
the Contractor‘s design unit. The Design Director shall be
supported by a reputed Design Consultant to be appointed by the
Contractor for:
(i) Contractors organisation for the Project,

(ii) the general methods and arrangements for construction,
(iii) environmental management plan,
(iv) Quality Assurance Plan including design quality plan,
(v) traffic management and safety plan covering safety of
users and workers during construction,
(vi) Programme for completion of all stages of construction
and Project Milestones of the Works as specified in
Project. The Programme shall include:
(a) the order in which the Contractor intends to carry

out the Works, including the anticipated timing of
design of temporary Works;
(b) the periods for reviews;
(c) the sequence and timing of inspections and tests

specified in this Agreement.
Design and Drawings –The Contractor shall ensure that the Designs
shall be Good For Construction, Drawings as issued to the Contractor,
by the Engineer, shall be deeply reviewed and scrutinized in conformity
with the Specifications and Standards. In the event, the Contractor
requires any minor change in drawings due to restricted Right of Way in
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any section, the alternative drawing with design for such section shall
be provided by the Design Director for review of the Engineer.
b) Within 21 (Twenty-one) days of the date of signing of the

Agreement, the Contractor shall appoint a ―Contractor‘s Design
Consultant‖ to assist ―Design Director‖ for the conducting the
Works which shall include but not be limited to the following :
Design Consultant who shall be responsible, on behalf of the

Contractor, for preparing and ensuring accuracy of surveys,
investigations, collection of data, and preparation all working
Drawings including design and preparation of staging drawing
/design and all design works related to the construction of the
Project Contractor‘s Design Consultant shall prepare Working
Drawings and design calculation required, if applicable, shall be
developed in conformity with the Specifications.
The Contractor‘s Design Consultant shall be
a) a reputed Consultant Firm (which shall be Proprietorship Firm or

OPC/Partnership Firm or LLP /Company registered under
Companies Act 1956/2013 ) and is in business of providing
consultancy services for similar works for last 10 years considered
from Bid Due Date
b) Such Consultant shall have average annual Turn-over of not less
than Rs. 200 Crores per financial year for three out of last five
years preceding the financial year containing Bid Due Date.
c) Has experience of providing consultancy service for Construction
Stage Control of not less than two Cable Stayed Bridge in India or
abroad where construction of the cable stayed bridge has been
completed in last five financial years preceding the financial year
containing Bid Due Date
d) Experience of preparation of design and drawings for ROBs.
Contractor shall propose to the Employer a panel of three names
of qualified and experienced firms from whom the Employer /
Engineer may approve one to be the Design Consultant. Provided,
however, that if the panel is not acceptable to the Employer /
Engineer and the reasons for the same are furnished to the
Contractor, the Contactor shall propose to the Employer a revised
panel of three names from the firms empaneled as consultants by
the [Ministry of Road Transport and Highways] for obtaining the
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consent of the Employer. The Contractor shall also obtain the

consent of the Employer for two key personnel of such selected
Contractor’s Design Consultant
(i) One Structural Engineer with at least 15 years

experience of design of Cable Stayed Bridges and /or
construction stage control of cable stayed bridges
/extra dosed cable stayed bridges.
(ii) One Foundation Engineer with atleast 15 years
experience in geotechnical and foundation
engineering with exposure to large diameter piles ,
testing of such piles in river etc.
e) . The key personnel must be supplemented by other personnel as
required .The Employer shall, within 15 (Fifteen) days of receiving
a proposal from the Contractor hereunder, convey its decision,
with reasons, to the Contractor, and if no such decision is
conveyed within the said period, the Contractor may proceed
with engaging of the Design Consultant. Provided such Design
Consultant shall deploy approved key personnel and support
personnel who shall be generally stationed or available in Kolkata
on as required basis. Any replacement of the two key personnel
or the Contractor’s Design Firm shall require written prior
approval of the Employer and shall only be considered for reasons
acceptable to the Employer. Contractor shall provide a copy of
Agreement with the Design Consultant to the Engineer of the
Project and Employer for reference.
Provided further such Contractor‘s design Consultant shall not be

the firm or its parent company /associate) either engaged as
Supervision Consultant for the project / contract or be the DPR
Consultant, who prepared the project for the Employer.
B) The Contractor‘s Design Consultant shall, on behalf of the

Contractor, undertake among others , following activities
(I) Develop and implement Construction Control System for

the extra-dosed cable stayed Bridge
The Contractor shall be assisted by the Contractor‘s Design Consultant

to check and guarantee structural safety of the construction of the extra-
dosed bridge and to reach the design aim, by establishing a well
accepted and scientific monitoring and controlling system
As per Employers , typical construction controlling system is likely to
173
consist of four subsystems: measuring subsystem, error and sensitivity

analysis subsystem, control/prediction subsystem, and new design value
calculation subsystem. .
1. Measuring subsystem — The measuring items mainly include

the elevation/deflection of the superstructure , the cable forces,
the horizontal displacement of the pylon(s), the stresses of
sections in the superstructure elements and the pylon(s), the
modulus of elasticity and mass density of concrete, the creep and
shrinkage of concrete, the temperature/temperature gradient in
the structure.
2. Error and sensitivity analysis subsystem — In this subsystem, the

temperature effects are first determined and removed. Then the
sensitivity of structural parameter such as the elasticity modulus
of concrete, self-weight, stiffness of the segment or pylon, etc.,
are analysed. Through the analysis, the causes of errors can be
found so that the corresponding adjustment steps are utilized.
3. Control & Prediction subsystem — Compare the measuring

values with those of the design expectation; if the differences are
lower than the prescribed limits, then go to the next stage. And
the elevation is determined appropriately. Otherwise, it is
necessary to find out the reasons, then to eliminate or reduce
those errors through proper measures. The magnitude of cable
tension adjustment shall be determined by by appropriate
method
4. New design value calculation subsystem —If the structural

parameters for the completed part have deviated from the
designed values, the design expectation must be updated with the
changed state of the structure. And the sequential construction
follows new design values so that the final state of structure can
be achieved optimally.
Construction Control System
However above sub-systems are only indicatives and the Contractor

along with Design Consultant shall devise the control system as per
prudent engineering practice and subject to approval of the Engineer .
The Contractor‘s Design Consultant shall prepare and propose a

construction control system to control the cable forces and the elevation
of the superstructure .Detailed geometry control information shall be
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prepared by the Contractor‘s Design Consultant during the stage-by-

stage construction of the bridge, including calculation of the camber and
cable force adjustments by a scientifically proven or acceptable method ,
approved by the Engineer..
(II) Other Activities at Construction Stage
i) Prepare working drawings of all bridges

(major/minor)/culverts / structure etc, with any
calculation, if necessary.
ii) Prepare / Check and confirm survey data, cross section on
behalf of the Contractor
iii) Prepare all Fabrication Drawings and Erection Schemes
iv) Prepare Staging Design and Drawings
v) Prepare and submit As-Built Documents and Drawings of
all ROB ,Bridges, Culvert
vi) Prepare Operation and Maintenance Manual
vii) Prepare Fabrication drawing, Erection Scheme,
Launching Scheme of Railway Span for approval of
Railways/CRS.
viii) Any other work related to preparation of working
drawing / detailing of structure / road as the Consultant
may choose to obtain from such Design Consultant. The
key personnel of the Design Consultant may be required
to be present during site inspections or key / critical
activities as may be required from time to time, on behalf
of the Contractor.
C) The Contractor shall prepare and submit all the working

drawings, data, detail calculation, incorporation of comments of
Engineer / Railways / C,S as applicable, with reasonable
promptness and in such sequence as is consistent with its work
program for timely Project Completion. By submitting the
working Drawings for review to the Engineer, the Contractor
shall be deemed to have represented that it has determined and
verified that the design and engineering, including field
construction criteria related thereto, are in conformity with the
Scope of the Project, the Specifications and Standards and the
Applicable Laws;
D) If the Engineer to the Project/Railways indicates that the
175
Drawings are not in conformity with the Scope of the Project or

the Specifications and Standards, such Drawings shall be revised
by the Contractor in conformity with the provisions of this
Agreement and resubmitted to the Engineer for review.
E) No review and/or observation of the Engineer to the project

and/or its failure to review and/or convey its observations on any
Drawings shall relieve the Contractor of its obligations and
liabilities under this Contract Agreement in any manner nor shall
the Engineer be liable for the same in any manner; and if errors,
omissions, ambiguities, inconsistencies, inadequacies or other
Defects are found in the Drawings, then the construction works
shall be corrected at the Contractor's cost, notwithstanding any
review. The Contractor shall be responsible for delays in
submitting the Drawing by the Contractor‘s Design Consultant
and
F) the Contractor warrants that its designers, including any third

parties engaged by it, shall have the required experience and
capability in accordance with Good Industry Practice and it shall
indemnify the Employer against any damage, expense, liability,
loss or claim, which the Employer might incur, sustain or be
subject to arising from any breach of the Contractor‘s
responsibility and/or warranty set-out in this Clause.
G) It is expressly agreed that even, if Contractor has an in-house

Design Wing, it is mandatory for the Contractor to engage a
professionally qualified Design Consultant Firm as Contractor‘s
Design Consultant which is at arm‘s length from Contractor‘s
own organization as per this Agreement for the works sated
above under this Clause and such engagement of the
Contractor‘s Design Firm shall remain in force till the complete
submission of As Built Drawing and acceptance of such by the
Engineer/Employer. Cost of engagement of such Contractor‘s
Design Consultant shall be incidental to the Contract and shall be
deemed to be included in the Contract Price. In case of failure on
part of the Contractor to engage such Design Consultant or delay
in engaging such Design Consultant by the Contractor, Engineer
may recommend to withhold any amount not more than 1% of
the amount recommended in IPA or IPC till default is rectified
by the Contractor. If such default is not cured within 90 days of
Date of Notification of such Default by the Engineer to the
176
Contractor , Engineer shall not recommend release of withheld

amount .The Contractor shall submit a copy of the Agreement
with the Design Consultant with Terms of Reference of Services
and Team of Professionals deployed by such Consultant .
Submission of copy of Agreement and confirmation of
commencement of Service by the Design Consultant shall be the
evidence of engagement of Design Consultant by the Contractor
for this Clause.
H) It is expressly agreed that the Contractor shall, at all times, be

responsible and liable for all working drawings and calculations
thereof prepared by the Contractor‘s Design Consultant, under
this Agreement notwithstanding anything contained in the
agreements with its Design Consultant or any other agreement
that may be entered into by the Contractor, and no default under
any such agreement shall excuse the Contractor from its
obligations or liability under this Agreement.
23.0 Engagement The Contractor shall appoint a safety consultant (the ―Safety
of Safety Consultant‖) to carry out safety audit at the construction stage of the
Consultant Project in accordance with the Applicable Laws, Codes and Good
Industry Practice. The Safety Consultant shall be appointed after
proposing to the Employer a panel of three names of qualified and
experienced firms from whom the Employer may choose one to be the
Safety Consultant. Provided, however, that if the panel is not acceptable
to the Employer and the reasons for the same are furnished to the
Contractor, the Contactor shall propose to the Employer a revised panel
of three names from the firms empanelled as safety consultants by the
[Ministry of Road Transport and Highways] for obtaining the consent of
the Employer. The Contractor shall also obtain the consent of the
Employer for the key personnel of the Safety Consultant who shall have
adequate experience and qualifications in safety audit of the highway
projects. The Employer shall, within 15 (fifteen) days of receiving a
proposal from the Contractor hereunder, convey its decision in
consultation with the Engineer, with reasons, to the Contractor, and if no
such decision is conveyed within the said period, the Contractor may
proceed with engaging of the Safety Consultant.
The safety audit shall be carried out by the Safety Consultant in respect
of all such details that have a bearing on safety of Users as well as
pedestrians and animals involved in or associated with accidents. The
recommendations of the Safety Consultant shall be incorporated in the
Method Statements of the Contractor which along with shall forward to
the Engineer a certificate to this effect together with the
recommendations of the Safety Consultant. In the event that any works
required by the Safety Consultant shall fall beyond the scope of the
177
Contractor shall make a report thereon and seek the instructions of the
Engineer. For the avoidance of doubt, the Safety Consultant to be
engaged by the Contractor shall be independent of the design and
implementation team of the Contractor.
The Contractor shall also deploy a team of three Safety personnel on full
time basis at site to ensure compliance of safety matters during
construction.
In case Safety Consultant is not engaged or Safety Personnel‘s are not
deployed at site, Engineer may recommend to withhold any amount not
more than 1% of the amount recommended in IPA or IPC till default is
rectified by the Contractor. If such default is not cured within 90 days
from the , Date of Notification of such default by the Engineer to the
Contractor Engineer shall not recommend release of withheld amount
.The Contractor shall submit a copy of the Agreement with the Safety
Consultant with Terms of Reference of Services and Team of
Professionals deployed by such Consultant. Submission of copy of
Agreement and confirmation of commencement of Service by the Safety
Consultant shall be the evidence of engagement of Safety Consultant by
the Contractor for this Clause.
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Section – IX
Contract Forms
BANK GUARANTEE FOR PERFORMANCE SECURITY
The Chief General Manager

HRBC Bhawan, 4th & 5th Floor, Munshi Premchand Sarani,
Kolkata 700 021, Tel.: (033) 2262 5267,
Tele-fax: (033) 2262 5266,
E-mail: info@wbhdcl.gov.in
WHEREAS:
179
(A) ……………..... (the ―Contractor‖) and the West Bengal Highway Development
Corporation Limited (―Employer‖), acting through Chief General Manager
authorised signatory (the ―Competent Authority‖) have entered into a Contract
dated ………………… (the ―Contract‖) whereby the Employer has agreed to the
Contractor undertaking the work of ………….., subject to and in accordance with
the provisions of the Contract.
(B) The Contract requires the Contractor to furnish an unconditional Performance

Security Bank Guarantee by a scheduled commercial bank, to the Employer in a
sum of ……………… only (Rupees …………… only.) (the ―Guarantee
Amount‖) as security for due and faithful performance of its obligations, under and
in accordance with the Contract, during the validity of the Contract/Defect
Notification Period.
(C) We ___________through our branch at ____________________ (the ―Bank‖) have

agreed to furnish this bank guarantee (―Bank Guarantee‖) by way of Performance
Security Bank Guarantee.
(D) The Bank Guarantee issued by this Bank shall be operative only at our local Branch
____________________ [Branch name] ____________________ [Branch Code] at
Kolkata, West Bengal.
(E) The Bank Guarantee will be received through Structured Financial Messaging
System (SFMS) only after which the paper Bank Guarantee will be accepted by the
Employer. For the purpose of SFMS the details of the Bank Account of WBHDCL
are as follows:-
Account Details
Account Name:
Account No.:
IFSC Code:
MICR Code:
Bank Name:
Branch Address:
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees

and affirms as follows:
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful
performance of the Contractor‘s obligations under and in accordance with the
Contract , and agrees and undertakes to pay to the Employer, upon its mere first
180
written demand, and without any demur, reservation, recourse, contest or protest, and
without any reference to the Contractor, such sum or sums upto and aggregate sum of
the Guarantee Amount as the Employer shall claim, without the Employer being
required to prove or to show grounds or reasons for its demand and/or for the sum
specified therein.
2. A letter from the Employer, under the hand of an officer not below the rank of Chief
General Manager in the West Bengal Highway Development Corporation Limited,
that the Contractor has committed a default in the due and faithful performance of all
or any of its obligations under and in accordance with the Contract shall be
conclusive, final and binding on the Bank. The Bank further agrees that the Employer
shall be the sole judge as to whether the Contractor is in default in due and faithful
performance of its obligations under the Contract and its decision that the Contractor
is in default shall be final and binding on the Bank, notwithstanding any differences
between the Employer and the Contractor, or any dispute between them pending
before any court, tribunal arbitrators or any other authority or body, or by the
discharge of the Contractor for any reason whatsoever.
3. In order to give effect to this Performance Security Bank Guarantee, the Employer
shall be entitled to act as if the Bank were the principal debtor and any change in the
constitution of the Contractor and/or the Bank, whether by their absorption with any
other body or corporation or otherwise, shall not in any way or manner affect the
liability or obligation of the Bank under this Bank Guarantee.
4. It shall not be necessary, and the Bank hereby waives any necessity, for the Employer
to proceed against the Contractor before presenting to the Bank its demand under this
Bank Guarantee.
5. The Employer shall have the liberty, without affecting in any manner the liability of
the Bank under this Performance Security Bank Guarantee, to vary at any time, the
terms and conditions of the Contract or to extend the time or period for the
compliance with, fulfilment and/ or performance of all or any of the obligations of the
Contractor contained in the Contract or to postpone for any time, and from time to
time, any of the rights and power exercisable by the Employer against the Contractor,
and either to enforce or forbear from enforcing any of the terms and conditions
contained in the Contract and/or the securities available to the Employer, and the
Bank shall not be released from its liability and obligation under these presents by any
exercise by the Employer of the liberty with reference to the matters aforesaid or by
reason of time being given to the Contractor or any other forbearance, indulgence, act
or omission on the part of the Employer or of any other matter or thing whatsoever
which under any law relating to sureties and guarantors would but for this provision
181
have the effect of releasing the Bank from its liability and obligation under this
Performance Security Bank Guarantee and Bank hereby waives all of its rights under
any such law.
6. The Bank Guarantee is in addition to and not in substitution of any other guarantee or
security now or which may hereafter be held by the Employer in respect of or relating
to the Contract or for the fulfilment, compliance and/or performance of all or any of
the obligations of the Contractor under the Contract.
7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this
Performance Security Bank Guarantee is restricted to the Guarantee Amount and this
Bank Guarantee will remain in force for [.] years (Expiry Date) and unless a demand
or claim in writing is made by the Employer on the Bank under this Bank Guarantee,
no later than …………………months from the date of the expiry of this Bank
Guarantee, all rights of the Employer under this Guarantee shall be forfeited and the
Bank shall be relieved from its liabilities hereunder.
8. The Bank undertakes not to revoke this Bank Guarantee during its currency, except
with the previous express consent of the Employer in writing, and declares and
warrants that it has the power to issue this Bank Guarantee and the undersigned has
full powers to do so on behalf of the Bank.
9. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank or by hand at its above referred branch, which shall be deemed
to have been duly authorised to receive such notice and to effect payment thereof
forthwith, and if sent by post it shall be deemed to have been given at the time when it
ought to have been delivered in due course of post and in proving such notice, when
given by post, it shall be sufficient to prove that the envelope containing the notice
was posted and certificate signed by an officer of the Employer that the envelope was
so posted shall be conclusive.
10. This Performance Security Bank Guarantee shall come into force with immediate
effect and shall remain in force and effect for a period of ……………days/years or
until it is released earlier by the Employer pursuant to the provisions of the Contract.
11. This Bank Guarantee may be renewed from time to time.
Notwithstanding anything contained herein above:

(a) Our liability under this Bank Guarantee shall not exceed ₹………………….
Signed and sealed this ……day of …….20……at…….

182
SIGNED, SEALED AND DELIVERED
For and on behalf of

the BANK by:
(Signature)
(Name)
(Designation)
(Code Number)
(Address)
NOTES:
(i) The bank guarantee should contain the name, designation and code number or the
officer(s) signing the guarantee.
(ii) The address, telephone number and other details of the Head Office of the Bank as
well as of issuing Branch and Local Branch should be mentioned on the covering
letter of issuing Branch.
(iii) *Clause D is applicable only for the Bank Guarantee issued by an outstation Bank,
i.e., a Bank Branch located outside Kolkata.
BANK GURANTEE FOR PAYMENT OF RETENTION MONEY
To,
THE CHIEF GENERAL MANAGER
WEST BENGAL HIGHWAY DEVELOPMENT CORPORATION LIMITED (WBHDCL)
HRBC BHAWAN, 4TH & 5TH FLOOR,
MUNSHI PREMCHAND SARANI,
KOLKATA – 700021
WHEREAS M/s………………………………………………………………….[name and address of the

Contractor] (hereinafter called the ―Contractor‖) has executed Contract
183
No…………………………….dated…………………) for the………………. from km……to km……..of

section of ………..in the State of West Bengal Contract Package No…………………….(hereinafter called
the ―Contract‖) pursuant to it‘s award by WEST BENGAL HIGHWAY DEVELOPMENT
CORPORATION LIMITED (hereinafter called the ―Authority‖).
AND WHEREAS the Contract provides for deduction of retention moneys from the amounts payable to the
Contractor as per the terms specified therein which is to be refunded as per the specific terms and conditions
of the Contract.
AND WHEREAS the Contractor has option of substituting the retention money in manners specified in the
Contract with irrevocable and unconditional bank guarantee(s) with the prior approval of the Authority.
AND WHEREAS the Contractor has opted to replace retention money with an unconditional and
irrevocable Bank Guarantee and we ………………………… (―Bank‖) have agreed to give the Contractor
such a Bank Guarantee.
AND WHEREAS we, through our branch at _______________ have agreed to furnish this bank guarantee
(hereinafter called the "Guarantee") for the amount of Rs.___________ cr(Rs_____ crore)(the "Guarantee
Amount")
The Guarantee will be received through Structured Financial Messaging System (SFMS) only after
which the paper Guarantee will be accepted by the Authority. For the purpose of SFMS the details of
the Bank Account of Authority are as follows:-
Account Details
Account Name:
Account No.:
IFSC Code:
MICR Code:
Bank Name:
Branch Address:
NOW THEREFORE, the Bank hereby unconditionally and irrevocably guarantees and affirms as
follows:
1. The Bank hereby unconditionally and irrevocably undertakes affirm that we are the guarantor and
responsible to you pay the Authority on behalf of the Contractor, a total of
Rs………………..(Rupees ) as the Guarantee Amount, such sum being payable in the types
and proportion of currencies in which the Contract Price is payable and we undertake to pay you,
upon your first written demand and without demur ,reservation , recourse ,contest , protest , cavil or
argument and without any reference to the Contractor, the Guarantee Amount as aforesaid without
your needing to prove or to show grounds or reasons for your demand for the sum specified therein.
2. A letter from the Authority, under the hand of an officer not below the rank of [ in
WEST BENGAL HIGHWAY DEVELOPMENT CORPORATION LIMITED , that the Contractor
has committed default in due and faithful performance of all or any of its obligations for under and
184
in accordance with the Contract shall be conclusive, final and binding on the Bank .The Bank
further agrees that default in due and faithful performance of its obligations during and under the
Contract and its decision that the Contractor is in default shall be final and binding on the Bank,
notwithstanding any differences between the Authority and the Contractor , or any dispute between
them pending before any court , tribunal , arbitrators or any other authority or body , or by the
discharge of Contractor by what reason whatsoever.
3. The Bank agrees that in order to give effect to this Guarantee, the Authority shall be entitled to act
as if the Bank were the principal debtor and any change in the constitution of the Contract and /or
the Bank , whether by their absorption with any other body or corporation or otherwise, shall not in
any way or manner affect the liability or obligation under this Bank.
4. We ………………………..(Bank) hereby waive the necessity of your demanding the sums from the
Contractor before presenting us with the demand.
5. We …………………………..(Bank) agree that the authority shall have the fullest liberty without
affecting in any manner the Bank‘s obligations under this Guarantee to extend the time of
performance by the Contractor from time to time or to postpone for any time or from time to time
any of the rights or powers exercisable by the Authority against the Contractor and either to enforce
or forbear to enforce any of the terms and conditions of the said Contract and or securities available
to the Authority, and the Bank shall not be released from its liability for the reasons of any such
extensions being granted to the Contractor or for any forbearance indulgence , act or omission on
the part of the Authority or any other indulgence shown by the Authority or by any other matter or
thing whatsoever which under the law relating to sureties and the guarantors would, but for this
provision have the effect of so relieving the Bank from its liability and obligation under this
Guarantee and the Bank hereby waives all of its rights under any such law.
6. We .......................(Bank ) agree that the Guarantee is in addition to and not in substitution of any
other guarantee or security now or which may hereafter be held by the Authority.
7. We.........(Bank) hereby agree that notwithstanding anything contained hereinbefore , the liability of
the Bank under this Guarantee is restricted to the Guarantee Amount and this Guarantee will remain
in force for a period of [.] days/years and unless a demand or claim in writing is made by the
Authority on the Bank under this Guarantee all rights of the Authority under this Guarantee shall be
forfeited and Bank shall be relived from its liability hereunder.
8. We...................(Bank) hereby undertakes not to revoke this Guarantee during its currency , except
with the previous express consent of the Authority in writing , and declares and warrants that it has
the power to issue its guarantee and the undersigned has full powers to do so on behalf of the Bank.
9. The Guarantee shall cease to be in force and effect [.] days after the date of the Performance
Certificate specified in Sub Clause 11.9 of the Contract.
10. We..............(Bank) hereby agrees that any notice by way of request, demand or otherwise hereunder
may be sent by post addressed to the Bank at its referred branch at Kolkata, or by email sent to the
branch manager of the Bank, which shall deemed to have been duly authorised to receive such
185
notice and to effect payment thereof forthwith , and if sent by post , it shall be deemed to have been
given at the time when it ought to have been delivered in due course of post and in proving such
notice, when by post, it shall be sufficient to prove that the envelope containing the notice was
posted and a certificate signed by an officer of the Authority that the envelope was so posted and if
sent by email, non-receipt of notification stating that the email is not delivered shall be conclusive.
11. The Guarantee shall come into force with immediate effect and shall remain in force and effect upto
the date specified in paragraph 9 above or until it is released earlier by the Authority pursuant to the
provisions of the Contract.
12. This Bank Guarantee is en-cashable or extendable at our designated local branch in Kolkata, West
Bengal, India, as mentioned below:
Name of the Bank, Branch and contact details
Address
Telephone no: & Fax No:
E-mail Address
Code Number:
Branch manager name& mobile No:
Bank Zonal Office Address, Telephone No:, Fax Number,
E-mail Address
NOTES:
1. The bank guarantee should contain the name, designation and code number of the officer(s)
signing the guarantee.
2. (ii) The address, telephone number and other details of the head office of the Bank as well as
of issuing branch and local branch should be mentioned on the covering letter of issuing
branch.
186
BANK GUARANTEE FOR ADVANCE PAYMENT
(SUB CLAUSE 14.2 OF GC)
(To be stamped in accordance with Stamp Act and Applicable Laws)
To,
THE CHIEF GENERAL MANAGER
WEST BENGAL HIGHWAY DEVELOPMENT CORPORATION LIMITED
(WBHDCL)
HRBC BHAWAN, 4TH & 5TH FLOOR,
MUNSHI PREMCHAND SARANI,
KOLKATA – 700021
187
Ref: Date:
Bank Guarantee:
WHEREAS:
(A) West Bengal Highway Development Corporation Limited (hereinafter referred as the
"Employer", which expression shall, unless repugnant to the context or meaning thereof
include it successors, administrators and assigns) has executed with
M/s._____________________ (hereinafter referred to as the "Contractor" which
expression shall unless repugnant to the context or meaning thereof, include its
successors, administrators, executors and assigns), the contract dated…………………
for the………………. from km……to km……..of section of ………..in the State of
West Bengal Contract Package No……………………. dated ____ , (hereinafter called
the "Contract").
(A) In accordance with the provisions of the General Conditions sub-clause 14.2 of the
above-mentioned Contract, the Contractor is required to deposit with the Employer, a
bank guarantee to guarantee his proper and faithful performance under the said sub
clause of the Contract in an amount of _______________________
_________________________ [in words] (―Guarantee Amount‖).
(B) We, ………………….. having registered office at ………. through our branch at
…………………. (hereinafter referred to as the ―Bank‖ which expression shall,
unless repugnant to the context or meaning thereof, include its successors,
administrators executors and assigns) have agreed to furnish this bank guarantee
(hereinafter called the ―Guarantee‖) for the Guarantee Amount.
(C) The Guarantee issued by this Bank shall be operative only at our local Branch
____________________ [Branch name] ____________________ [Branch Code] at
Kolkata, West Bengal.
(D) The Guarantee will be received through Structured Financial Messaging System
(SFMS) only after which the paper Guarantee will be accepted by the Employer. For
the purpose of SFMS the details of the Bank Account of Employer are as follows:-
Account Details
Account Name:
Account No.:
IFSC Code:
MICR Code:
Bank Name:
Branch Address:
188
NOW THEREFORE, the Bank hereby unconditionally and irrevocably guarantees and
affirms as follows:
1. The Bank hereby unconditionally and irrevocably guarantees and undertake to pay the
Employer immediately on demand any or, all monies payable by the Contractor to the
extent of Guarantee Amount, upon mere first written demand and without any demur,
reservation, contest, recourse or protest and/or without any reference to the Contractor
as the Employer shall claim, without the Employer being required to prove or to show
grounds or reasons for its demand and/or for the sum specified therein.
2. A letter from the Employer, under the hand of an officer not below the rank of Chief
General Manager in the West Bengal Highway Development Corporation Limited,
that the Contractor has committed a default in the due and faithful performance of all
or any of its obligations for the repayment of the installment of the Advance Payment
under and in accordance with the Contract shall be conclusive, final and binding on
the Bank. The Bank further agrees that the Employer shall be the sole judge as to
whether the Contractor is in default in due and faithful performance of its obligations
under the Contract and its decision that the Contractor is in default shall be final and
binding on the Bank, notwithstanding any differences between the Employer and the
Contractor, or any dispute between them pending before any court, tribunal arbitrators
or any other authority or body, or by the discharge of the Contractor for any reason
whatsoever. The Bank hereby agrees that the Guarantee herein contained shall be
irrevocable and shall continue to be enforceable till the Employer discharges this
Guarantee.
3. In order to give effect to this Guarantee, the Employer shall be entitled to act as if the
Bank were the principal debtor and any change in the constitution of the Contractor
and/or the Bank, whether by their absorption with any other body or corporation or
otherwise, shall not in any way or manner affect the liability or obligation of the Bank
under this Guarantee.
4. It shall not be necessary, and the Bank hereby waives any necessity, for the Employer
to proceed against the Contractor before presenting to the Bank its demand under this
Guarantee.
5. The Employer shall have the fullest liberty without affecting in any way the liability
of the Bank under this Guarantee, to vary at any time, the terms and conditions of the
Advance Payment or to extend the time or period of its repayment or to postpone for
any time, the exercise of any powers vested in the Employer or of any right which the
Employer might have against the Contractor and to exercise the same at any time in
any manner, and either to enforce or to forebear to enforce any covenants, contained
or implied, in the Contract between the Employer and the Contractor or any other
course or remedy or security available to the Employer. The Bank shall not be
relieved of its obligations under these presents by any exercise by the Employer of its
liberty with reference to the matters aforesaid or any of them or by reason of any other
189
act or forbearance or other acts of omission or commission on the part of the

Employer or any other indulgence shown by the Employer or of any other matter or
thing whatsoever which under any law relating to sureties and guarantors would but
for this provision have the effect of releasing the Bank from its liability and obligation
under this Guarantee and the Bank hereby waives all of its rights under any such law.
6. The Guarantee is in addition to and not in substitution of any other guarantee or

security now or which may hereafter be held by the Employer in respect of or relating
to the Contract or for the fulfillment, compliance and/or performance of all or any of
the obligations of the Contractor under the Contract.
7. The Bank also agrees that no change or addition to or other modification of the terms
of the Contractor or Works to be performed there under or of any of the Contract
documents which may be made between the Employer and the Contractor, shall in
any way release the Bank from any of its liability under this Guarantee, and the Bank
hereby waives notice of any such change, addition or modification.
8. The Bank also undertakes not to revoke this Guarantee during its currency except
with the prior written consent of the Employer and declares and warrants that it has
the power to issue this Guarantee and the undersigned has full powers to do so on
behalf of the Bank.
9. Notwithstanding anything contained herein above, the liability of this Bank under this
Guarantee is limited to Guarantee Amount and it shall into force with immediate
effect and shall remain in force till ……………. and shall be extended from time to
time for such period, as may be decided mutually.
10. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank or by hand at its above referred branch, which shall be deemed
to have been duly authorised to receive such notice and to effect payment thereof
forthwith, and if sent by post it shall be deemed to have been given at the time when it
ought to have been delivered in due course of post and in proving such notice, when
given by post, it shall be sufficient to prove that the envelope containing the notice
was posted and certificate signed by an officer of the Employer that the envelope was
so posted shall be conclusive.
11. This Guarantee shall come into force with immediate effect and shall remain in force
and effect till …………. or until it is released earlier by the Employer pursuant to the
12. This Guarantee may be renewed from time to time.
Signed and sealed this ………. day of ……….., 20……… at ………..
SIGNED, SEALED AND DELIVERED
190
For and on behalf of the Bank by:
(Signature)
(Name)
(Designation)
(Code Number)
(Address)
NOTES:
(i) The bank guarantee should contain the name, designation and code number of the
officer(s) signing the guarantee.
(ii) The address, telephone number and other details of the head office of the Bank as well as
of issuing branch should be mentioned on the covering letter of issuing branch.
Format for Agreement (Contract)
(Sub Clause 1.6 of GC)
AGREEMENT
This Agreement is made on ------------------- day of ---------------------, 2017 (this
―Agreement‖) between:
191
West Bengal Highway Development Corporation Ltd. (CIN:
U45203WB2012SGC180687), having registered office at 4th& 5th Floor, HRBC Bhawan,
Munshi Prem Chand Sarani, Kolkata – 700021 (hereafter called the ―Employer‖) of the
ONE PART
AND
----------------------------------------------------------------------------------------------------------------
--------------------------(hereafter called the ―Contractor‖) of the OTHER PART.
WHEREAS the Employer is desirous that the Contractor execute
_________________________________(hereinafter called ―the Works‖) and the Employer
has accepted the Bid of the Contractor and issued Letter of Acceptance dated [.] for the
execution and completion of such Works and the remedying of any defects therein, at a cost
of Rs.-------------- (Rupees -------------------------------------------------------------------------------
----only).
NOW THIS AGREEMENT WITNESSETH as follows:
1. In this Agreement, words and expression shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to, and
they shall be deemed to form and be read and construed as part of this Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and
complete the Works and remedy and defects therein in conformity in all aspects with the
3. The Employer hereby covenants to pay the Contractor in consideration of the execution
and completion of the Works and the remedying the defects therein, the Contract Price or
192
such other sum as may become payable under the provisions of the Contract at the times
and in the manner prescribed by the Contract.
4. The following documents shall be deemed to form and be read and construed as part of
this Agreement viz:
A) Contract Agreement Volume –I containing:
i) Contract Agreement;
ii) The Letter of Acceptance;
iii) Contractor‘s Bid (containing Technical and Financial Bid);
iv) Authorization for signing of this Agreement ,correspondences and Minutes of
Meetings between the Employer and the Contractor prior issuance of LOA;
v) Securities/Guarantees and other Forms submitted by the Contractor;
vi) Any other documents listed in Appendix to Tender and/or furnished by the Bidder.
B) Contract Volume –II containing:
i) PART 1 – BIDDING PROCEDURES: Invitation for Bid (IFB), Section I:
Instructions to Bidders (ITB), Section II: Bid Data Sheet (BDS), Section III:
Evaluation and Qualification Criteria, Section IV: Bidding Forms, Section V:
Eligible Countries.
ii) PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS: Section
VII: General Conditions (GC), Section VIII: Appendix to Tender and Particular
Conditions, Section IX: Contract Forms
iii) Amendments, Corrigenda, Addenda to the Bidding Documents issued prior to last
date of submission of Bid.
C) Contract Volume –III containing:
PART 2 – WORKS REQUIREMENTS : Section VI: Specifications for the Works
193
D) Contract Volume –IV containing
Section X : Drawings
5. For the purpose of this Agreement, the priority of the documents shall be in accordance
with sub clause 1.5 of the General Conditions read with Appendix to Tender and
Particular Conditions.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed the day
and year first before written.
Binding Signature of Contractor Binding Signature of Employer
(For and on behalf of …………………) (For and on behalf of West Bengal

Highway Development Corporation
Ltd.)
In the presence of:
Witness Witness
1. 1.
2. 2.
194

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West Bengal Highway Development Corporation Ltd.

(A Wholly Owned Company of Government of West Bengal)

ITEM RATE CONTRACT

Widening and Strengthening of existing road corridor connecting Mogra on SH-

E-NIT No.: WBHDCL/CGM/eNIT-3/2017-18 dated 21.09.2017

West Bengal Highway Development Corporation Limited

PART 1 – BIDDING PROCEDURES

INVITATION FOR BID (IFB)

Section I: Instructions to Bidders (ITB)

Section II. Bid Data Sheet (BDS)

Section III. Evaluation and Qualification Criteria

Section IV: Bidding Forms

Section V. Eligible Countries

PART 2 – WORKS REQUIREMENTS

Section VI. Specifications for the Works

PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VII. General Conditions (GC)

Section VIII. Appendix to Tender and Particular Conditions

Section IX: Contract Forms

PROCUREMENT OF CIVIL WORKS

Table of Contents ……………………………………………………………..…………………

PART 1: BIDDING PROCEDURES

Section I Instructions To Bidders……………………………………………..

Section II Bid Data Sheet………………………………………………………..

Section III Evaluation and Qualification Criteria ...………………………….

Section IV Bidding Forms ……………………………………………………….

Section V Eligible Countries ……………………………………………………

Section VI Specifications for the Works ……… ………………………………..

PART 3: CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VII General Conditions (GC)………………………………………………

Section VIII Appendix to Tender and Particular Conditions ………………………………………………

Section IX Contract Forms…………….……………………………………………

Section X DRAWINGS …………………………………………………………….

INVITATION FOR BIDS (IFB)

INTERNATIONAL COMPETITIVE BIDDING

E-NIT No.: WBHDCL/CGM/eNIT-3/2017-18 dated 21.09.2017

Sub: International Competitive Bidding

Widening and Strengthening of existing road corridor connecting Mogra on SH-13 in

2.0 The Estimated Cost of the Project is Rs. 1460 Crores.

General Manager -III

CHIEF GENERAL MANAGER

Address of Communication and submission of Bid

CHIEF GENETRAL MANAGER

Schedule of Key Activities

1 Uploading of Bidding Document in WBHDCL /e-tender

3 30th November 2017

7 11th January 2018 at 15-

Section I. Instructions to Bidders

B. Contents of Bidding Document .................................................................................................... 13

C. Preparation of Bids ....................................................................................................................... 15

D. Submission and Opening of Bids ................................................................................................. 21

E. Evaluation and Comparison of Bids ............................................................................................ 27

F. Award of Contract ......................................................................................................................... 30

Section I. Instructions to Bidders

(a) Construction of Roads, Bridges including Bridges over

(b) Improvement Works, consisting of a set of specific

(c) Rehabilitation Works, for the sections of the Road(s) and

(d) Maintenance Services or “Services‖ consisting of all

(e) Pre-construction and Enabling Activities, Works consisting

1.2 In these Bidding Documents:

Government of West Bengal /Government of India or loan from

(i) ―corrupt practice‖ means the offering, giving, receiving, or

Joint Venture. A Bidder to be eligible as single entity shall have to