NEELACHAL ISPAT NIGAM LIMITED IRON AND …ninl.in/tender/NIT-746.pdfNEELACHAL ISPAT NIGAM LIMITED IRON AND STEEL PLANT KALINGANAGAR INDUSTRIAL COMPLEX DUBURI, ORISSA INVITATION TO

NEELACHAL ISPAT NIGAM LIMITED

IRON AND STEEL PLANT KALINGANAGAR INDUSTRIAL COMPLEX

DUBURI, ORISSA

INVITATION TO TENDER

FOR

STRUCTURAL FABRICATION & ERECTION

VOL – I

NIT No : NINL/CM/SSS/PRJ/120/OL/NIT-746 Dated : 01.02.2013

NEELACHAL ISPAT NIGAM LIMITED IRON AND STEEL PLANT

DUBURI, ORISSA

Contents Page 1 of 1

VOL-I : INVITATION TO TENDER

CONTENTS

SECTIONS DESCRIPTION

SECTION-I INVITATION TO TENDER

SECTION-II INSTRUCTIONS TO BIDDERS (ITB)

SECTION-III BID DATA SHEET (BDS)

SECTION-IV FORMS SECTION- V PRICE SCHEDULES


DUBURI, ORISSA

Sec-I : ITT Page 1 of 4 ITT No. 11.51.Q693/NINL-PH-II/OL/120

SECTION – I: INVITATION TO TENDER

(b)MEC/GS/Q693/11/20/05-Rev-2 (GS-05)


DUBURI, ORISSA


SECTION-I : INVITATION TO TENDER

NEELACHAL ISPAT NIGAM LTD.

DUBURI, JAJPUR, ORISSA (INDIA)

NIT No : NINL/CM/SSS/PRJ/120/OL/NIT-746 Dated : 01.02.2013

To

M/s …………………………………….

…………………………………………

…………………………………………

…………………………………………

Dear Sirs,

Neelachal Ispat Nigam Ltd. (hereinafter referred to as the Purchaser) have pleasure in enclosing

Bid Documents for structural fabrication, erection and alignment welding jobs in Lime

Dolo Delivery Bin, Screen House Building, Elevator Shaft Supporting Structure etc of

Auxiliary units of Steel Melt Shop required for the Integrated Iron & Steel Plant located

at Duburi, Odisha Distt: Jajpur, Orissa (India) as per details given herein below and would invite

you to submit your best binding offer within the stipulated date and time. The Bid Documents

comprises the following:

Vol – I : Invitation To Tender comprising of Instructions To Bidders, Bid Data

Sheet (BDS), Forms, and Price Schedules.

Vol – II : Draft Contract(s) comprising:

(a) Draft Contract for Structural Fabrication & Erection work.

(b) Contract Specification [Schedule – 4 of Draft Contract(s)]

consisting of :

(i) Technical Specification

(ii) General Specification Nos.

(a)MEC/GS/Q693/11/37/01 Rev – 2 (GS-01)

Salient features of this invitation are furnished herein below. The details are given in

respective volumes/sections of Bid Documents.

1.0 SCOPE OF WORK

The scope of work for structural fabrication & erection under this bidding shall

comprise:

scope of work refer enclosed Technical Specification.


DUBURI, ORISSA


2.0 COMPLETION TIME

The completion period of the work covered under Sl. No. 1.0 given herein above shall be

02 (Two) months from the date of Letter of Award (LOA). The completion time is further

detailed in the Bid Documents.

3.0 EARNEST MONEY DEPOSIT

The Bidders are required to submit Bid Security (Earnest Money Deposit) in Rupees

75,000/- (INR Seventy five thousand) along with bid in the form and manner as

described in the "Instructions to Bidders", Section- II, Vol – I of the Bid Documents.

4.0 DUE DATE FOR SUBMISSION OF BID

You are requested to submit your Bid complete in all respect in accordance with the Bid

Documents so as to reach the Office of the Asst. General Manager (Commercial),

Neelachal Ispat Nigam Limited, Neelachal House, 2nd

Floor, Kalinganagar

Industrial Complex, Duburi, Dist : Jajpur, Odisha, 755026 on or before 15.00

(Fifeen) Hours “Indian Standard Time (IST)” on 13.02.2013.

5.0 ELIGIBILITY AND QUALIFICATIONS OF BIDDERS

The stipulated eligibility and qualification requirements are given in Bid Documents.

6.0 VALIDITY

The Bid submitted by the Bidder shall remain valid for a period of 60 (Sixty) days from

the due date of submission of Bids (excluding the last date of submission of Bids).

7.0 The Purchaser reserves the right to accept, or reject any bid either in part or full, or to

annul the bidding process and reject all bids at any time prior to award of contract,

without assigning any reason thereof and without thereby incurring any liability

whatsoever, to the affected Bidder(s).

8.0 The Purchaser also reserves the right to amend the scope of work and/or modify the Bid

Documents.

9.0 The Purchaser further reserves the right to postpone the date of receipt of bids without

bearing any liability whatsoever consequent upon such decision.

10.0 The Purchaser reserves the right to cancel the tender / Bids in part or in whole without

assigning any reason whatsoever.

11.0 The Work Order / Contract on the Successful Bidder shall be awarded by the Purchaser

i.e. M/s Neelachal Ispat Nigam Limited.

12.0 Purchaser / Consultant does not assume any responsibility whatever in case of

misplacement, loss or delay in receipt of Bidding document / Bid of Bidder sent through

post / courier.


DUBURI, ORISSA


12.0 In case, (at any stage of the tendering process) any tampering/ unauthorized alteration to the bidding document available on the NINL Website, is noticed in the Bid (as submitted by the bidder), the said Bid shall be summarily rejected and the company shall have no liability whatsoever in the matter.

However, deviations, if any, proposed by the bidder may be separately

indicated in the format provided in the bid document for acceptance or other

wise by NINL Such proposed deviations will not be treated as tampering for

the purpose of application of the clause.

Yours faithfully,

for Neelachal Ispat Nigam Limited

( S.S.Sahu )

Asst. General Manager (Commercial)

Email: [email protected]

Enclosures: As Above


DUBURI, ORISSA

Sec-II : ITB Page 1 of 18

SECTION- II: INSTRUCTIONS TO BIDDERS (ITB)


DUBURI, ORISSA


Table of Clauses

Description Page nos.

A. Introduction ...........................................................................................................................................3 of 18

1. Genral Project Information & Requirements ............................................................................3 of 18

2. Eligible Bidders.........................................................................................................................3 of 18

3. Qualification Requirements ......................................................................................................5 of 18

B. The Bid Documents ..............................................................................................................................6 of 18

4. Content of Bid Documents .......................................................................................................6 of 18

5. Understanding Bid Documents and Local Conditions..............................................................6 of 18

6. Clarification of Bid Documents and Bidders (Pre-Bid) Conference..........................................8 of 18

7. Amendment of Bid Documents ...............................................................................................8 of 18

8. Cost of Tendering.....................................................................................................................8 of 18

C. Preparation of Bid .................................................................................................................................8 of 18

9. Language of Bid .....................................................................................................................8 of 18

10 Bid Security (Earnest Money Deposit) .........................................................................9 of 18

11 Documents Comprising of Bid................................................................................................10 of 18

12 Bid Validity……………………………………………………………………………………..……12 of 18

13 Format and Signing of Bids………………..………………………………………………..……..12 of 18

D. Submission of Bids ...............................................................................................................................13 of 18

14. Sealing and Marking of Bids...................................................................................................13 of 18

15. Deadline for Submission of Bids ............................................................................................13 of 18

16. Late Bids ................................................................................................................................13 of 18

E. Evaluation of Bids .................................................................................................................................14 of 18

17. Evaluation of Earnest Money Deposit (Part-I) .......................................................................14 of 18

18. Evaluation of Technical & Commercial Bids (Parts - II & III) ..................................................14 of 18

19. Clarification of Bid & Techno commercial discussions..........................................................15 of 18

20. Evaluation of Price Bids (Part - IV).........................................................................................16 of 18

21. Disqualification .......................................................................................................................16 of 18

F. Award of Contract .................................................................................................................................17 of 18

22. Award Criteria.........................................................................................................................17 of 18

23. Purchaser's Right to Accept Any Bid or to Reject Any or All Bids ..........................................17 of 18

24. Letter of Award (L.O.A) ..........................................................................................................17 of 18

25. Security Deposit ....................................................................................................................17 of 18

26. Signing of contract agreement ...............................................................................................17 of 18


DUBURI, ORISSA


A. INTRODUCTION

1.0 GENERAL PROJECT INFORMATION & REQUIREMENTS

Neelachal Ispat Nigam Ltd., incorporated under the Companies Act 1956 having its

registered office at IPICOL House, Annexe. 1st Floor, Janpath, Bhubaneswar, Orissa, PIN-

751022, has set up an integrated Iron and Steel Plant at Kalinga Nagar Industrial Complex,

Duburi, Distt. – Jajpur, Orissa, Pin-755026. It requires to set up and install the facilities / Plant

& Equipment as described under Bid documents for which this enquiry is being issued.

Duburi is situated approximately 12 Kms from Jajpur Keonjhar Road Rly. Station,and is

approximately 100 Kms from Bhubaneswar, the capital of Orissa, and is situated on the

National Highway connecting Paradeep and Kanaktora and is connected by Railway line from

Howrah to Chennai.

Bhubaneswar is connected by airlines to a major Indian cities. The nearest sea-port is located

at Paradeep. Equipment can also be sea / air freighted to Kolkata. Bhubaneswar provides

boarding and lodging facilities of high standard. Fairly good local transport facilities are also

available in Bhubaneswar.

1.1 Brief Scope of work

The details of scope of work as envisaged are given in respective volumes / sections of the

Bid Document. The description of the scope of work is meant to give the Bidder an idea of the

overall magnitude, extent and type of work to be carried out under the Contract. The

Bidder(s) are advised to visit the site, collect all the information and assess further

requirements for the purpose of preparation & submission of their bid.

2.0 ELIGIBILE BIDDERS

Unless otherwise specified in Bid Data Sheet (BDS), a Bidder meeting the criteria as

stipulated under following sub-clauses and applicable Qualification Requirements thereof as

stipulated under Bid documents is eligible to participate in the Bid. It will be the sole

responsibility of the Bidder to provide supporting evidences and establish to the satisfaction of

the Purchaser that it meets the stipulated criteria of eligibility and Qualification requirements

thereof.

2.1 The Bidder as sole Bidder in the same name and style shall have appropriate legal status by

virtue of a deed of incorporation, memorandum and articles of association etc. enabling him

to execute relevant contract for the work.

2.2 The Bidder as a joint venture or a consortium of two or more firms as partners complying

with the following requirements:

(i) The Bidder & partners of consortium or joint venture (JV) in the same name and style

shall have appropriate legal status by virtue of a deed of incorporation, memorandum

and articles of association etc. enabling him to execute relevant contract for the work.

(ii) The bid shall be signed so as to be legally binding on all partners.

(iii) One of the partners shall be designated and authorized by all the partners of the

Joint Venture/Consortium as leader, called Prime Bidder. This authorization shall


DUBURI, ORISSA


be evidenced by submitting with the bid, a power of attorney signed by legally

authorized signatories of all the partners of the consortium / Joint Venture for the

purpose of submission of the bid, finalisation of contract & execution thereof in

terms of the contract.

(iv) The Prime Bidder shall be authorized to incur liabilities and receive instructions for

and on behalf of any and/or all partners of the joint venture or consortium, and the

entire execution of the contract, including payment, shall be done exclusively with

the Prime Bidder.

(v) All partners of the Joint Venture or Consortium shall be liable jointly and severally

for the execution of the contract in accordance with the terms of the contract. A

relevant statement to this effect shall be included in the authorisation as mentioned

herein above & consortium agreement as mentioned herein below, as well as in the

Form of Bid and Contract Agreement, (in case of a successful Bidder).

(vi) Only the Leader of Consortium / Joint Ventures, called Prime Bidder is eligible to

submit the bid on behalf of the Consortium / JV partners and shall own the full

responsibility and liability for successful and timely completion of the Contract. The

Prime Bidder (Leader) of the Joint Venture/Consortium shall furnish a written

undertaking to the effect that he would own the overall responsibility and liability for

successful and timely execution of the work.

(vii) A copy of the consortium agreement, in line with the form specified under the bid

documents, entered into by the joint venture or consortium partners complying

above stipulated requirements & with clear stipulations of division of

work/obligations/responsibilities amongst all partners including Prime Bidder (Leader)

of consortium/joint venture shall be submitted with the bid.

This agreement shall be valid till completion of all obligations of the Contractor under

the Contract. Power of Attorney/Authorisation of signatories of such agreement on

behalf of respective firms/companies shall be submitted.

(viii) A firm can be a partner in only one joint venture or consortium. Bids submitted by

more than one joint ventures or consortia that includes the same firm, as partner

will be rejected.

(ix) The Purchaser, after finalisation of Bid shall enter into separate agreement(s) with

the consortium partner (s) only on recommendation of the successful Prime Bidder

for the scope as advised by the Prime Bidder. However such agreement(s) , if any,

will be entered with consortium member(s) so as to legally bind the Prime Bidder

to own the complete responsibility and liability for the faithful and due performance

of such contract(s) with his consortium member(s) on behalf of his consortium

member (s).

(x) Unless permitted by the Purchaser, no change in consortium partner(s) shall be

effected by the bidder after submission of the bid. However, in the event of any

such change, if permitted by the Purchaser which he may do so at its discretion, it

shall be the responsibility of the bidder (Prime Bidder) to submit all necessary

documents & evidences to the satisfaction of the Purchaser.


DUBURI, ORISSA


In the event of denial of permission by the Purchaser for such change, all the risk &

liabilities associated therewith shall solely rest with the Bidder and no claim for any

compensation by the Bidder whatsoever shall be admissible.

2.3 Bidder as Company formed with amalgamation of two or more companies provided

satisfactory proof of such amalgamation is furnished alongwith the documentary evidences.

2.4 Bidder as Company formed after splitting of a company.

3.0 QUALIFICATION REQUIREMENTS

3.1 Technical

3.1.1 The Bidder shall meet the technical requirements as specified in BDS.

3.1.2 Unless otherwise stated in BDS, the bidder shall submit documents in support of his meeting

the specified technical requirements, including followings along with the bid:

(i) Details of Ref. of similar work as per form-6

(ii) Performance certificate from the Clients for satisfactory completion and operation of

the Units/Works executed by the bidder.

3.2 Financial

3.2.1 The Prime/Sole Bidder shall meet the requirements as specified in BDS:

3.2.2 Unless otherwise stated in BDS the bidder shall submit following supporting documents

along with the bid:

(i) Audited balance sheet and profit & loss account for last three consecutive financial

years preceding the current financial year. In case, the immediately preceding

financial year (w.r.t. the current financial year) has ended within three months from

due date of submission of bids, then the Audited balance sheet and the profit & loss

account in respect of immediately preceding three consecutive financial years shall

be submitted.

(ii) Copy of IT Return for the last three consecutive Financial years.

(iii) If prime bidder is an Indian firm or an Indian firm is a consortium member with a

foreign prime bidder they shall submit latest valid sales tax registration certificates in

respect of Indian Firms.

3.3 In case of Joint Ventures companies if the Bidder does not meet the stipulated requirements

on its own, it can qualify if its promoter companies, either singly or jointly meets the

qualification requirements as stipulated above in full and, the Bidder submits the

evidence(s)/undertaking to the satisfaction of the purchaser that its promoter(s) shall extend

all the technical, managerial and financial support to the Bidder required for discharging all its

obligations under the contract.


DUBURI, ORISSA


3.4 In case of subsidiaries of companies, if the Bidder does not meet the stipulated requirements

on its own, it can qualify if its parent company meets the qualification requirements as

stipulated above in full and, the Bidder submits the evidence(s)/undertaking to the satisfaction

of the purchaser that its parent company shall extend all the technical, managerial and

financial support to the Bidder required for discharging all its obligations under the contract.

3.5 In case of Companies formed with amalgamation of two or more companies, if the Bidder

does not meet the stipulated requirements on its own, it can qualify if its constituent

companies, either singly or jointly meets the qualification requirements as stipulated above in

full provided, satisfactory proof of such amalgamation is furnished.

3.6 In case of companies formed after splitting of a company, it can qualify, if its parent company

meets the qualification requirements as stipulated above in full, only if the bidder is the true

legal successor of the parent company and to the extent the succession is permitted.

B. BID DOCUMENTS

4.0 CONTENT OF BID DOCUMENTS

4.1 Unless otherwise specified in BDS, the Bid Documents shall generally comprise the

followings:

(i) Invitation to Tender / Notice Inviting Tender, Instructions to Bidders (ITB), Bid Data Sheet (BDS), Forms and Price Schedules.

(ii) Draft Contract including General Conditions of Contract & Special Conditions of Contract and

(iii) Technical Specification including General Specification

5.0 UNDERSTANDING BID DOCUMENTS AND LOCAL CONDITIONS

5.1 The Bidder is required to carefully examine the Notice Inviting Tenders, Draft Contract,

General Conditions of Contract, Technical Specification, drawings and other details relating to

work as given in the Bid Document and fully acquaint himself as to all conditions and matters

which may in any way affect the work or the cost thereof. The Bidder shall be deemed to have

on his own and independently obtained all necessary information for the purpose of preparing

the bid and his bid as accepted shall be deemed to have taken into account all contingencies

as may arise due to such information or lack of the same.

5.2 The Bidder shall be deemed to have known the scope, nature and magnitude of the work and

the requirements of materials and labour involved etc. and as to all work he has to complete

in accordance with the Contract no matter whatever be the defects, omissions or errors that

may be found in the Bid Documents.

5.3 The Bidder is advised to visit and examine the site where the project/facilities are to be

installed and its surroundings and obtain for itself on its own responsibility all information

including the procedure for engagement of agencies/ labour, that may be necessary for

preparing the bid and entering into a contract.


DUBURI, ORISSA


5.4 Bidder shall be deemed to have carefully examined the site and surroundings, to have

satisfied himself about the nature and details of all existing structures, if any, and also as to

the nature and conditions of the railways, roads, bridges and culverts, means of transport and

communications, whether by land, water or air and as to possible interruptions thereto and the

access to and from the site, to have made independent enquiries, examined and satisfied

himself as to the sources for obtaining sand, stones, bricks and all other construction materials

applicable royalties, the sites for disposal of surplus earth and debris, the available

accommodation, underground existing services, sub-soil conditions, sub-soil water conditions,

storms, prevailing winds, climatic conditions and all other similar matters which may affect the

work.

5.5 The Bidder and any of its personnel or agents will be granted permission by the Purchaser

to enter upon its premises and lands for the purpose of such inspection, but only upon the

express condition that the Bidder, its personnel and agents will release and indemnify the

Purchaser and its personnel and agents from and against all liability in respect thereof and

will be solely responsible for death or personal injury, loss of or damage to property and any

other loss, damage, costs and expenses incurred as a result of the inspection.

5.6 Minimum wages for contract labour shall be paid as applicable in that region from time to

time. Claims and objections due to ignorance of site conditions will not be considered after

submission of bid.

5.7 The Bidder shall be deemed to have acquainted himself with the Indian Income Tax Act,

1961, Indian Companies Act, 1956, Indian Customs Act 1962, Indian Electricity Act, Electricity

Rules, Factories Act, Pollution Control Regulation and other Acts & Laws, rules and

regulation as applicable for execution of works and prevalent in India, respective State(s) and

at Project Site and as amended from time to time. The Purchaser shall not entertain any

request for clarifications from the Bidders regarding such local conditions.

5.8 Any neglect or omission or failure on the part of the Bidder in obtaining necessary and reliable

information as stated above or on any other matter affecting the Bid shall not relieve him from

any risks or liabilities or the entire responsibility for completion of the work in accordance

with the Bid Documents

5.9 Failure to furnish all information required by the bid documents or submission of a bid not

substantially responsive to the bid documents in every respect will be at the Bidder’s risk

and may result in rejection of its bid.

5.10 The Bidder shall contact the person at the address as specified in BDS, with prior appointment

for arranging site visit

6.0 CLARIFICATION OF BID DOCUMENTS AND BIDDERS (PRE-BID) CONFERENCE

6.1 A prospective Bidder requiring any clarification of the bidding documents may submit his

queries to the Purchaser, in written communication, at the address specified in BDS for

submission of bids. The Purchaser will respond in writing to any request for clarification of

the bid documents that it receives no later than Fourteen (14) days prior to the deadline for

submission of bid set by the Purchaser. The Purchaser shall be under no obligation to

respond to queries, which it receives after this stipulated deadline.

6.2 All such points for clarifications on the Bid Document should be made in one original and

5(five) hard copies. Written copies of the Purchaser’s response (including description of


DUBURI, ORISSA


the query but without identifying its source) will be sent to all prospective bidders that have

received the bid documents till that date.

6.3 The Purchaser may convene a Bidders Conference (Pre-Bid Meeting) to clarify the

Bidders’ queries and address other Bid Document related issues which may come up at

that stage. The Date & venue of, pre-bid meeting, if any, shall be communicated at least 7

days in advance. The bidder’s authorised representative will be invited to attend the same.

6.4 In case any query remain un-replied it shall be construed that in respect of such query, the

respective stipulation of the Bid Document shall continue to apply and/or no new stipulation

is made with respect to such query.

7.0 AMENDMENT OF BID DOCUMENTS

7.1 At any time prior to the deadline for submission of bids, the Purchaser may, for any reason,

whether at its own initiative, or in response to a clarification requested by a prospective

Bidder, amend the bid documents. All such amendments shall be construed as integral part

of the Bid Documents thereafter.

7.2 The amendment will be notified in writing to all prospective bidders who have purchased /

been issued the bid documents and will be binding on them. Bidders are required to

acknowledge the receipt of such amendments, and it will be assumed that the same have

been taken into account by the bidder in its bid.

7.3 In order to afford prospective Bidders reasonable time in which to take the amendment into

account in preparing their bid, the Purchaser may, at its discretion, extend the deadline for

the submission of bids, in which case, the Purchaser will notify all bidders in writing of the

extended deadline.

8.0 COST OF TENDERING

The Bidder shall bear all costs associated with the preparation and submission of its bid

including site visits undertaken by the Bidder, and the Purchaser will in no case be

responsible or liable for these costs, regardless of the conduct or outcome of the tendering

process.

C. PREPARATION OF BIDS

9.0 LANGUAGE OF BID

9.1 The Bid prepared by the Bidder and all correspondence(s) incidental to and concerning the

Bid shall be in ‘English’ Language.

9.2 Printed literature(s)/Documents furnished by the Bidder written in another language, can be

accepted by the Purchaser provided, such literature(s)/documents are accompanied by

translation of its pertinent passages (which the bidder desires to be taken into account by

the Purchaser in its evaluation), in the language of the bid, failing which such

literatures/documents shall not be taken into account by the Purchaser for evaluation of the

bid. For purposes of interpretation of the bid, the translation shall govern and the

responsibility for correctness in translation shall solely rest with the bidder.


DUBURI, ORISSA


10.0 BID SECURITY (EARNEST MONEY DEPOSIT)

10.1 The Bidder shall furnish, as part of its bid, a bid security (Earnest Money Deposit), for the

amount as specified in Bid Data Sheet (BDS).

10.2 The bid security shall be in the form of either a demand draft drawn on an Indian

Nationalised Bank / Scheduled bank in a manner as specified in Bid Data Sheet (BDS) , or a

Bank Guarantee from an Indian Nationalised Bank/Scheduled bank operable at place as

specified in BDS.

10.3 In case of Bank Guarantee form a foreign bank it shall be from a first class foreign bank and it

shall be counter guaranteed by an Indian Nationalised bank / Schedule bank. Bank

Guarantee from Indian Branch of a Foreign Bank is acceptable provided the Indian Branch is

recognised by Reserve Bank Of India as a scheduled bank.

10.4 The format of the bank guarantee shall be in accordance with the “Earnest Money Bank

Guarantee Form” included in the bidding documents; other formats may be permitted,

subject to the prior approval of the Purchaser.

10.5 Bid security shall remain valid for a period of 90 (Ninety) days beyond the original bid validity

period. The bid security validity may be required to be extended, on request of the

Purchaser, in the event of extension of Bid Validity.

10.6 Any bid not accompanied by an acceptable bid security, shall be rejected by the Purchaser

as being non-responsive. The bid security of a joint venture/Consortium must be in the

name of all the partners in the joint venture/Consortium submitting the bid.

10.7 The bid securities of unsuccessful bidders will be returned after the award of the contract.

10.8 The bid security of the successful Bidder will be returned, when the Bidder has furnished

the required security deposit in terms of bidding document and, has signed the Contract

Agreement.

10.9 The bid security may be forfeited

(a) if the Bidder withdraws/revokes unilaterally its bid either in part or whole during the

period of bid validity.

(b) the prices are increased unilaterally after submission of the bid during its validity,

(c) in the case of a successful Bidder, if the Bidder fails within the specified time limit

(i) to furnish the required security deposit towards as required,

(ii) to sign the Contract Agreement.

11.0 DOCUMENTS COMPRISING OF BID

The Bidder shall prepare and submit the offer in 4 (four) parts in four separate envelopes as

follows:


DUBURI, ORISSA


11.1 Part – I : Earnest Money Deposit (EMD)

Earnest Money Deposit as per stipulations of ITB shall be submitted as Part-I of the Bid in

separate envelope.

The Bid not accompanied by EMD as per ITB stipulations shall be liable for rejection.

11.2 Part-II: Technical Bid

Technical part of the Bid (Part-II) shall interalia include:

i) Documents and evidences in support of bidder’s fulfillment of stipulated technical

qualification requirements,

ii) Technical details of the offer consisting of all the technical information including

description of plant/units/equipment, facilities, drawings, documents/leaflets & filled-

up questionnaires as given in bid documents. Technical details shall interalia include:

a) Complete description of the plant and equipment offered including their

principles of operation and materials of manufacture with drawings and other

information and documents;

b) The details of the various technical parameters and values as per

requirement of bidding documents and performance guarantees proposed to

be demonstrated, in respect of the Plant and Equipment under the work

offered;

c) Itemised weights for Plant & Equipment.

iii) Detailed time schedule for completion of various activities of Work/Project within the

time of completion of the project as per format provided in bid document,

iv) Resource deployment schedule indicating the bidder's proposal for deployment of (a)

construction equipment and other facilities at site and (b) organisation and

man-power deployment for this work at bidder's head office as well as at site as per

format provided in bid document,

v) List of commissioning spares, recommended spares for operation and maintenance

and Insurance Spares, list of initial fill of oils, lubricants, grease and other

consumables, and list of special tools and tackles, as required under bid

documents,

vi) Details of consortium partner contractors and proposed major sub-contractors, if any

along with, division of work;

vii) Technical deviations as per format, if any, included in Contract / Technical

Specification;

viii) Guaranteed PG parameters for Plant / Equipment in conformity with the

requirements and conditions stipulated in the bid documents.;


DUBURI, ORISSA


ix) Any other technical information the bidder wishes to furnish.

11.3 Part – III : Commercial Bid

i) Documents and evidences in support of bidder’s fulfillment of stipulated eligibility

requirements,

ii) Documents as required under Financial Qualification requirement,

iii) Duly filled in and signed "Form of Bid";

iv) Power of Attorney/authorisation with the seal of the company in favour of the

authorised signatory of the Bid;

v) A copy of Draft Contract(s), each page duly signed and stamped with official seal, by

authorised signatory of the Bid, as token of acceptance of terms, conditions

contained therein.

vi) Copies of all price schedules (price part) BLANKING THE PRICE FIGURES but with

all other details;

vii) Details of present commitments of the bidder;

viii) Duly filled in Questionnaire on Financial Status as per format provided in bid

document,

ix) Deviations to the Commercial Terms and Conditions, if any, as per format provided

in bid document,

x) Copies of State Sales Tax (OST)/Central Sales Tax(CST) registration with Govt.

authorities in respect of Indian Bidders (Sole Bidders, Indian Partner of Consortium)

or proposed major Indian Sub-Contractor of the Foreign Bidders;

xi) Copies of labour license(s) from statutory authorities, including electrical licences for

supervisors/labours for carrying out electrical work (from Govt. of Orissa) or in case

the same is not available for the respective state(s), an undertaking that the same

shall be obtained and submitted after the award of contract and before

commencement of the work by the bidder at its own cost and risk;

xii) Statement containing very brief details of cases, if any, instituted against the Bidder

and the forum in which they are pending;

11.4 Part-IV: Price Bid

(i) The bidder shall ensure that prices are quoted for full scope of work as stipulated in

bid documents and in accordance with the terms of the bid document.

(ii) Price Part shall consist of prices with detailed break-up of each item along with unit

rates. This part shall interalia include:

(a) Prices with Detailed break-up of price of each item as per annexed

formats/Price Schedules.


DUBURI, ORISSA


(b) List and itemised price of recommended spares for operation &

maintenance, insurance spares, special tools and tackles, if any, and as

required,

12.0 BID VALIDITY

12.1 Bids shall remain valid for the period of 60 days from the due date of submission of bids

(excluding the last date of submission of bids). A bid valid for a shorter period may be liable

for rejection by the Purchaser.

12.2 If required, the Purchaser may request the Bidder to extend the bid validity period.

13.0 FORMAT AND SIGNING OF BIDS

13.1 Part – I of bid i.e. EMD alongwith its one copy shall be sealed in separate envelope and

shall be marked as “Part – I of Bid : Earnest Money Deposit” [one original and one copy].

13.2 The Bidder shall prepare one (1) original and the one (01) copy each of part-II (Technical) &

part- III (Commercial) of bid and one original and one copy of part – IV (price) of bid and

seal each one of them in a separate envelope, clearly marking each one as: “ORIGINAL-

PART-I”, “ORIGINAL-PART-II”; “ORIGINAL- PART-III”, “ORIGINAL – PART – IV”, COPY

NO. 1-PART-I,” “COPY NO. 1-PART-II,” COPY NO. 1-PART-III” , “COPY NO. 1-PART-IV”

and so on as appropriate.

13.2 The original and all copies of the bid shall be typed or written in indelible ink on white paper

with all pages of A4 size. All pages of original bid as well as copies of the bid, except for

unamended printed literature, shall be signed and stamped with official seal by the

authorized signatory of the Bidder and machine numbered. Original and copies of bid shall

be in solid binding.

13.3 Bid shall be submitted under a covering letter indicating clearly the summary of bid chapters

with annexures/schedules of the complete bid. All the copies of bids shall be complete in all

respects with all their attachments/enclosures.

13.4 In the event of any discrepancy between the original and any copy, the original shall govern

and shall be considered for the purpose of evaluation of the Bid by the Purchaser.

13.5 Insertion, post script, addition and alteration in the bid shall not be considered for the purpose

of evaluation by the purchaser unless confirmed by the authorized signatories of bids and

official seal.

D. SUBMISSION OF BIDS

14.0 SEALING AND MARKING OF BIDS

14.1 The Bid shall be prepared and submitted in double sealed envelope in the following manner:

All the envelopes of Part-I of bid (Original as well as Copy) shall be further sealed in an

outer envelope/package and outer envelope/package shall be marked as:

“PART- I OF BID: EARNEST MONEY DEPOSIT [ ONE ORIGINAL AND ONE COPY]”


DUBURI, ORISSA


Similarly, the envelopes of Part-II, III & IV of bid (Original as well as Copies) shall be further

sealed in an outer envelope/package and outer envelope/package shall be marked as:

“PART- II OF BID: TECHNICAL BID [ ONE ORIGINAL AND ONE COPY]” , and

“PART- III OF BID: COMMERCIAL BID [ ONE ORIGINAL AND ONE COPY]”, and

“PART- IV OF BID: PRICE BID [ ONE ORIGINAL AND ONE COPY]” as appropriate.

14.2 The inner and outer envelopes shall

(a) be addressed to the Purchaser at the address as specified in ITB Clause 15.1, and

(b) bear the following details :

PROJECT NAME :

TENDER FOR :

NIT NO. :

DO NOT OPEN BEFORE: [Insert Due date and time of submission]

14.3 Each envelope/package shall indicate the name and address of the Bidder to enable the bid

to be returned in unopened in case it is declared “late.”

14.4 If the inner/outer envelope(s) are not sealed and marked as per above, the Purchaser will

assume no responsibility for the bid’s misplacement or premature opening. Such bids shall

be liable for rejection by the Purchaser.

15.0 DEADLINE FOR SUBMISSION OF BIDS

15.1 Bids must be received by the Purchaser at the address and by due date and time, as

specified in BDS.

15.2 The Purchaser may, at its discretion, extend this deadline for submission of bids.

16.0 LATE BIDS

Any bid received by the Purchaser after the bid submission deadline as specified under

ITB, will be rejected and returned unopened to the Bidder.

E. EVALUATION OF BIDS

17.0 EVALUATION OF EARNEST MONEY DEPOSIT (PART – I)

17.1 The Purchaser shall first examine the Bid Security submitted by the Bidder for its

compliance with bid documents.

17.2 A positive determination i.e Bidder’s fulfillment of stipulated requirement and acceptability of

its Bid Security will be a prerequisite for the Purchaser to evaluate technical and commercial

parts i.e. parts II and III of Bidder’s Bid. A negative determination will result in rejection of the

Bidder’s bid without its further evaluation.


DUBURI, ORISSA


18.0 EVALUATION OF TECHNICAL AND COMMERCIAL BIDS (PARTS – II & III)

18.1 Part-II & III i.e., the technical & commercial parts of the Bid of only such bidders shall be

evaluated, whose EMD are acceptable to the Purchaser.

18.2 Techno-commercial evaluation including eligibility criteria & qualification requirements thereof

shall be carried out based on the information/documents submitted in response to stipulated

requirements of the bid documents. The bid shall be evaluated for complete scope of work.

18.3 The Purchaser will carry out a detailed evaluation of the Techno-commercial parts of the bid

in order to determine whether the technical aspects/details furnished, are substantially

responsive to the requirements set forth in the bid documents. In order to reach such a

determination, the Purchaser will examine the information furnished by the Bidder, taking

into account of following factors:

(a) Fulfillment of stipulated eligibility criteria & qualifications requirements by the Bidder.

(b) Overall completeness and compliance with the Technical/Tender Specification and

drawings, and deviations from the Technical/Tender Specification;

(c) Achievement of specified performance criteria/parameters of the

equipment/facilities;

(d) Compliance with the stipulated time schedule and any alternative time schedules

offered by bidders, as evidenced by a milestone schedule provided in the bid

The bidders are required to adhere the stipulated completion schedule specified in

the Bid Documents. While no credit will be given to earlier completion, the bids

offering completion schedule beyond stipulated completion will be liable for rejection

as being non-responsive.

(e) Any other relevant technical factors that the Purchaser deems necessary or prudent

to take into consideration

(f) Any material deviation to the commercial and contractual provisions stipulated in

the bidding documents.

The followings provisions of Bid documents shall be considered as critical and

deviation to such provisions shall constitute material deviation, which shall render the

bid liable for rejection as being non-responsive:

(i) Earnest Money Deposit

(ii) Appilicable Laws

(iii) Taxes and duties

(iv) Effective Date of Contract

(v) Warranty

(vi) Performance Guarantees

(vii) Patent Indemnity

(viii) Indemnity

(ix) Security Deposit

(x) Liquidated damages

(xi) Force Majeure

(xii) Arbitration

(xiii) Jurisdiction of Court


DUBURI, ORISSA


18.4 In the Techno-Commercial evaluation of the bids, the Purchaser may waive any minor non-

conformity or irregularity in the bid that does not constitute material deviation.

18.5 The bid that do not meet acceptable standards of completeness and/or is not in conformity

with stipulated requirements will be liable for rejection as being non-responsive.

18.6 The price bid evaluation shall be carried out only in respect of techno-commercially

responsive and acceptable bids.

19.0 CLARIFICATION OF BID AND TECHNO-COMMERCIAL DISCUSSIONS

19.1 Purchaser, if required, may obtain clarifications, at its discretion, on any issue of the offer

including clarifications on material deviations included in the offer by bidder, by requesting for

such clarifications from any or all the bidders to facilitate the evaluation of offer.

19.2 If necessary, The Purchaser may conduct discussions/clarification meetings with each or any

Bidder to clarify any aspects of its Techno-Commercial bid.

Unless permitted or requested by the Purchaser, which he may do so at his discretion,

Performance Guarantee (PG) parameters and guaranteed values once furnished shall not be

subject to change. Any unilateral change by the bidder in furnished Performance Guarantee

(PG) parameters and/or guaranteed values shall render the bid liable for rejection as being

non-responsive.

The Bids offering PG parameters and guaranteed values not in conformity with the

requirements stipulated in bid documents will be liable for rejection as being non-

responsive.

19.3 During Techno-Commercial evaluation of Bid, the Purchaser may bring to the attention of

the bidder any matter, technical or otherwise, where for whatever reason; it requires

amendments or changes to be made to the Bid documents/Techno-Commercial bid. All

such amendments or changes required by the Purchaser will be formally notified to the

Bidder, which will form part of the bidder’s bid.

19.4 In the process if any bidder desires to revise the prices quoted by him as a result of techno-

commercial discussions/clarifications, the bidder, at the purchaser’s discretion, may be

permitted either to submit addition/deletion with respect to original price bid or to submit the

revised price bid.

However, any unsolicited unilateral change / modification and/or withdrawal of any terms &

conditions and stipulations including scope of the Bid & its Price Bid by the Bidder, either in

part or full, after submission of the Bid & within its validity, may be treated as revocation of the

Bid and may render the Bid liable for rejection & forfeiture of the Bid Security by the

Purchaser.

20.0 EVALUATION OF PRICE BIDS (PART-IV)

20.1 Price Bids (Part-IV) shall be evaluated of only those Bidders whose Techno-Commercial

parts of the bid (Part-II & Part - III) are determined by the Purchaser to be Techno-

commercially acceptable.


DUBURI, ORISSA


20.2 The prices quoted in foreign currency, if any, will be converted into equivalent Indian Rupees.

The BC selling exchange rate prevailing on the due submission date of final price bid, issued

by State Bank of India, will be the basis for evaluation of bids.

20.3 In case of bids offering deviations such as deviations in delivery schedule, payment terms etc.

and if such deviations are acceptable to the Purchaser, which shall be at its discretion, quoted

prices shall be loaded if so specified in BDS, by factors as considered appropriate by the

Purchaser for the purpose of price evaluation.

20.4 Technical loading on quoted price shall be done, if so specified in BDS, for the Plant &

equipment offering differing performance parameters & guaranteed values and utilities

consumption rates as per stipulations specified in BDS.

20.5 In case, a bidder does not quote for all the items for which unit rate(s) quotation have been

invited for estimated quantities specified in the bid documents by the Purchaser, the total

quoted price of the bidder shall be loaded by the highest price quoted for that item by other

bidders, for the purpose of evaluation. However, if such bidder is selected for award of

contract, the price for the items not quoted by him shall be negotiated and finalised prior to

award of the contract.

20.6 Prices shall be mentioned in words & figures both. In case of any contradictions between the

prices mentioned in figures and words, the prices mentioned in words shall be considered

final. Also, in case of any arithmetical errors in regard of total amount and individual amount,

individual rates shall be taken as final and the total amount shall be adjusted accordingly.

21.0 DISQUALIFICATION

Even if the bidders meet all criteria for qualification, they are liable to be disqualified if they

have:

a) Made untrue or false representations in the forms, statements and enclosures

submitted in proof of qualification requirements, and/or,

b) Any record of poor performance such as bad workmanship, abandoning the work,

not properly completing the work, inordinate delays in completion, or financial failure,

non-fulfillment of warrantees and guarantees etc.

c) Any record of civil or criminal cases pending against the bidder or decided against

him. d) In case, (at any stage of the tendering process) any tampering/ unauthorized

alteration to the bidding document available on the NINL Website, is noticed in the Bid (as submitted by the bidder), the said Bid shall be summarily rejected and the company shall have no liability whatsoever in the matter.

However, deviations, if any, proposed by the bidder may be separately indicated in

the format provided in the bid document for acceptance or other wise by NINL

Such proposed deviations will not be treated as tampering for the purpose of

application of the clause.


DUBURI, ORISSA


F. AWARD OF CONTRACT

22.0 AWARD CRITERIA

22.1 Subject to stipulations of bid documents, the Purchaser will award the contract to the

successful Bidder whose bid has been determined to be substantially techno-commercially

responsive & acceptable and lowest evaluated.

23.0 PURCHASER’S RIGHT TO ACCEPT ANY BID OR TO REJECT ANY OR ALL BIDS

The Purchaser reserves the right to accept or reject any bid, and to annul the bidding

process and reject all bids at any time prior to award of contract, without assigning any

reason thereof and without thereby incurring any liability whatsoever to the affected Bidder

or bidders.

24.0 LETTER OF AWARD (L.O.A.)

24.1 Prior to the expiration of the period of bid validity, the Purchaser will notify the successful

Bidder in writing, that its bid has been accepted. The Letter of Award will constitute the

formation of the contract.

24.2 Upon the successful Bidder’s signing of Contract Agreement, the Purchaser will notify each

unsuccessful Bidder of the outcome of its Bid and will discharge its bid security.

25.0 SECURITY DEPOSIT

25.1 Within the period, as specified under Draft Contract, the successful Bidder shall furnish the

security deposit as per its stipulations.

25.2 Failure of the successful Bidder to comply with requirements of this Clause, the letter of

award issued to the bidder may be annulled and the bid security (Earnest Money Deposit)

of the bidder be forfeited. In such event, the Purchaser may make the award to the next

lowest evaluated Bidder or call for new bids, as considered appropriate.

26.0 SIGNING OF CONTRACT AGREEMENT

26.1 The enclosed Draft Contract including General Conditions of Contract, Special Conditions of

Contract and Contract Specification / Formats of Annexures (which shall be duly filled after

Techno Commercial evaluation) including changes/modifications thereto, if any, to the extent

agreed & accepted by the Purchaser during evaluation of Techno-commercial parts of the Bid

shall form the basis of the final contract to be entered into with the successful bidder

subsequent to the acceptance of tender in the form of Letter of Award. The Bidder shall

carefully go through the terms & conditions and other requirements given in the same and his

offer should be in line with the same. If required, the Purchaser may enter into following

contracts:

(a) For supply of imported equipment and supervision services, if any (with foreign prime

bidder/foreign consortium partner of Indian Prime Bidder).

b) For supply of indigenous equipment (with Indian Bidder/ Indian consortium partner of

foreign prime bidder).


DUBURI, ORISSA


c) For services comprising civil work, erection and commissioning including PG Tests

etc. (with Indian Bidder/ Indian consortium partner of foreign prime bidder).

d) Overall responsibility agreement with the Prime Bidder of the Consortium to own the

full responsibility and liability for faithful and due performance of the Contract

Agreement (s) entered by the Purchaser with his Consortium Member (s).

26.2 All the Contract Agreement(s) inline with above, shall be signed within 30 (Thirty) days from

the date of “Letter of Award (L.O.A.)”, unless otherwise specified in the Letter of Award issued

to the successful Bidder ; provided there are no deviations, reservations & conditionalaties in

the Bidder’s Bid (except to the extent agreed by the Purchaser during Techno-commercial

evaluation of Bids).


DUBURI, ORISSA

Sec-III : BDS Page 1 of 4 ITT No. 11.80.Q693/NINL- PH-II/OL/120

SECTION-III : BID DATA SHEET (BDS)


DUBURI, ORISSA


BID DATA SHEET The following bid-specific data shall be complementary to the provisions in the Instructions to Bidders

(ITB), unless any provision of a BDS Clause expressly modifies, amends, deletes or replaces the

stipulation of a ITB Clause.

Sl. No. Ref ITB Clause No,

If applicable

As per BDS

1.0 - Name of Project/Work: Structural Fabrication & Erection and other associated works.

2.0 ITB Clause 2.0

Eligible Bidders : As given in Instructions to Bidders.

3.0 ITB Clause 3.1.1

1) The bidder must have experience of execution of similar type of structural fabrication & erection works in Govt./Semi Govt./PSU/major private sector in steel plants. The bidder must have executed at least one of the following jobs during last seven years (ending on 31

st December 2012)

(i) Three similar type of structural erection works, completed, value not less than Rs.36.00 Lakhs each

or

(ii) Two similar type of structural erection works, completed, value not less than Rs.45.00 Lakhs each

or

(ii) One similar type of structural erection works, completed, value not less than Rs.72.00 Lakhs.

Completion Certificate in the above regard to be submitted along with the bid.

2) The average annual financial turnover during the last three years (ending on 31

st March 2012) should be Rs.27.00 Lakhs.

3) Organization chart with list of erecting & lifting equipment (Higher capacity cranes (150 T) Hydra, Trailor etc.) and other tools & tackles as required for erection.

4 ) Mobilization with full resources within 07(Seven) days after GO-AHEAD Letter/Letter of Award placement

4.0 ITB Clause 3.1.2 (i) & (ii)

The details / documents as required under ITB shall be furnished.

5.0 ITB Clause 3.2.1

Financial Qualification Requirement:

Net worth in each of last three financial years (ending 31st March

2012) shall be positive.

6.0 ITB Clause 3.2.2 (i), (ii) & (iii)

The details / documents as required under ITB shall be furnished.


DUBURI, ORISSA



If applicable

As per BDS

7.0 ITB Clause 4.1

Bid Documents comprises of followings :

Vol – I : Invitation To Tender comprising of, Instructions To Bidders,

Bid Data Sheet (BDS), Forms, and Price Schedules.

Vol – II : Draft Contract(s) comprising of :

(a) Draft Contract for Structural Fabrication & Erection and other

associated works.

(b) Contract Specification [Schedule – 4 of Draft Contract(s)]

consisting of :

(i) Technical Specification

(ii) General Specification Nos.

a)MEC/GS/Q693/11/37/01 Rev – 2 (GS-01)

(b)MEC/GS/Q693/11/20/05-Rev-3 (GS-05)

8.0 ITB Clause 5.10

Purchaser’s address to contact for site visit:

Executive Director (Project & Works),

Neelachal Ispat Nigam Limited

At Kalinga Nagar Industrial Complex

P.O. Duburi - 755026, Distt. Jajpur, Odisha (India)

Email : [email protected]

9.0 ITB Clause 6.1

The address for communication for obtaining clarifications on bidding documents, if any, shall be :

Shri S.S.Sahu , Astt.General Manager(Commercial)


Floor



Email : [email protected]

10.0 ITB Clause 10.1 & 10.2

Amount and mode of Bid Security (Earnest Money Deposit):

(a) Amount of Bid Security in Indian Rupees 75,000/- (INR Seventy five thousand only).

(b) Mode: DD from the bank as specified in ITB , in favour of “Neelachal Ispat Nigam Limited” payable at Bhubaneswar /Jajpur Road, or Bank Guarantee operable at Bhubaneswar as per details given in ITB.

All other stipulations of ITB shall remain unchanged.


DUBURI, ORISSA



If applicable

As per BDS

11.0 ITB Clause 11.2 (v)

Not Applicable.

12.0 ITB Clause 15.1

Address and Deadline for submission for Bid: (a) address for submission of Bid: Shri S.S.Sahu , Astt.General Manager(Commercial)


Floor



(b) Deadline for submission of Bids: 15.00 (Fifteen) hours “Indian Standard Time (IST)” on

13.02.2013.

13.0 ITB Clause 18.3 (f) (iv)

Replace “Warranty” with “Guarantee / Warranty / Defect Liability Period, (whichever is applicable).”


Loading for Price evaluation : As per ITB


Not applicable.

16.0 ITB Clause 21.0 (a)

Add followings after last words of the Clause i.e. after “and/or” :

“made any misrepresentation of facts in order to influence the tendering process and its outcome, or the execution of the Contract, and/or”


Para (a), (b), (c) and (d) not applicable for this bidding. However, the Employer reserves the right to split the contract between two and more than two bidders for entire work.


DUBURI, ORISSA

Sec-IV Forms Page 1 of 20

SECTION-IV : FORMS


DUBURI, ORISSA


SECTION-IV: FORMS

CONTENTS

Form No. Description Page No.

1. Form of Bid

3 of 20

2. Form for Bank Guarantee against Earnest Money Deposit

5 of 20

3. Overall time schedule

7 of 20

4. Resource Deployment Schedule

8 of 20

5. Questionnaire for Financial Status

9 of 20

6. Reference of similar work

10 of 20

7. Deviation schedule to commercial Terms & Conditions

11 of 20

8. Form for consortium agreement

12 of 20


DUBURI, ORISSA


FORM-1

FORM OF BID

(To be submitted by the Bidder with the Bid on Bidder's letterhead)

From:

________________________

________________________

________________________

________________________

To:

Neelachal Ispat Nigam Ltd.

IPICOL House, 1st floor, Annexe building

Janpath

Bhubaneswar, Orissa, India.

Subject:

1. Having carefully examined all the Bid Documents attached to your Invitation to Bid No.

_______________ dated ___________, we offer to complete the WORKS in conformity with all the

terms and conditions stated in Bid Documents. The Plant & Equipment and Services offered are of

best and latest standards.

2. We undertake, in case our bid is accepted, to commence the work from the effective date of Contract

and to complete and deliver the whole of the work and responsibilities comprised in the contract within

......... (both in figures and words) months as stipulated in the Technical Specifications.

3. We are submitting the Earnest Money deposit for a sum of ............ in the form ....................... as

instructed by you. This Earnest Money shall be governed as per the stipulations provided in the

"Instructions to Bidders".

4. We agree to abide by and keep our Bid valid initially for a period of 180 (one hundred eighty) days

from the due date of submission of Bids, and it shall remain binding on us and may be accepted at

any time before the expiry of that period.

5. Should our Bid be accepted, we hereby agree to abide by and fulfil all Terms and Conditions of Bid

Document as accepted by us and in default thereof, to forfeit and pay to Neelachal Ispat Nigam

Limited (NINL) or NINL's successors, assignees or authorised nominees such sums of money as are

stipulated in conditions contained in Bid Documents and agree to furnish Bank Guarantee towards

Contract Performance as per the proforma prescribed by NINL and acceptable to NINL and for the

sum equal to 10% of "Contract Price" (including provision for covering future escalation in prices due

to variation in scope of work, if any), for the entire scope of work within 15 days from the date of

issuance of Letter of Award. We understand that NINL are not bound to accept the lowest or any Bids

received and NINL has the right to reject any bid, without assigning any reason whatsoever.

6. This Bid together with written Acceptance thereof, shall constitute a binding CONTRACT between

NINL and ourselves till a formal contract is executed.


DUBURI, ORISSA


7. We have also furnished an internal Agreement with our Consortium Partners and Indian Assignee in

line with NINL's requirements. *

8. Date __________________ day of _________________________

Signature ____________________

In the capacity duly authorised to

sign bids for and on behalf of

______________________________

(IN BLOCK LETTERS)

(with the Company seal)

Witness :

1. Signature _________________

Date ____________________

Address ___________________

Occupation ________________

2. Signature _________________

Date ____________________

Address ___________________

Occupation ________________

* Delete, if not applicable.

[ Note: Power of Attorney in favour of authorised signatory of this Bid Form shall accompany]


DUBURI, ORISSA


Form-2

FORM FOR

BANK GUARANTEE AGAINST EARNEST MONEY DEPOSIT

[1. The Bank Guarantee should be furnished on a non-judicial stamp paper of appropriate value

2. The stamp paper should be purchased in the name of Bank executing the Guarantee.]

M/s Neelachal Ispat Nigam Limited

IPICOL House, 1st Floor,

Janpath,

Bhubaneswar

Dear Sirs,

1. In consideration of your agreeing to accept Guarantee towards Earnest Money of US $ / INR

_________________ (US Dollar/INR _____________________________) against the Tender No.

_______________________ dated ____________ floated by M/s Neelachal Ispat Nigam Limited

(hereinafter called the “Purchaser”) M/s ________________ (hereinafter called the Tenderer)

requested us to provided the guarantee to fulfill the tender condition, we

_________________________________ _________________________________ (Banker’s

name) are holding in trust in favour of you the amount of Rs. ____________ (Rupees

____________________________) and agree to pay to you on demand immediately without protest

or demur or reference to the Tenderer, if the Tenderer failed to perform all or any of their obligation

under the said Tender. The decision of the Purchaser duly communicated in writing to the Bank that

the Tenderer have failed to perform all or any of the obligation under the said Tender shall not be

questioned and shall be final and conclusive (irrespective of stand that can be taken by or on behalf

of Tenderer). The said amount of Rs. _______ (Rupees _______________________________) will

accordingly forthwith be paid without any conditions or proof whatsoever.

2. It is fully understood that this guarantee is effective for a period of ________ days from the date of

issue and shall continue to be enforceable till six months thereafter and that we

______________________________________________ (Bank) undertake not to revoke this

guarantee during its currency without the consent in writing of the Purchaser.

3. We ____________________ (Bank) further agree that Purchaser shall have the fullest liberty without

affecting in any manner our obligation hereunder to vary any of the terms and conditions of the said

Tender from time to time or to postpone for any time or from time to time any of the powers

exercisable by the Purchaser against the said Tenderer and/or forbear to enforce any of the terms

and conditions relating to the said Tenderer and we shall not be released from our liabilities under this

guarantee by the reason of any such variation or extension being granted to the said Purchaser or for

any forbearance and / or omission on part of Purchaser or any indulgence of the Purchaser, to the

said Tenders or by any other matter or thing whatsoever which under the law relating to the sureties

would, but for this provision have the effect of so releasing us from our liability under this guarantee.

We __________________________ (Bank) further agree that the guarantee herein contained shall

not be affected by the liquidation or winding up, dissolution or change in the constitution of the said

Tenderer.


DUBURI, ORISSA


4. Your right to recover the said sum of INR _________________ [(INR)Rupees _____________

________________________ only] from us in any manner will not be affected or suspended by the

reason of the fact that any dispute or disputes have been raised by the Tenderer and/or that any

dispute are pending before any officer, Tribunal of Court.

5. We have power to issue this guarantee in your favour and the undersigned has full power to execute

this guarantee under the Power of Attorney granted to me by the Bank.

For & on behalf of

________________

(Banker’s Name)

________________

Branch Manager

(Banker’s Seal)

Signed and delivered Dated ____________

For and on behalf of the above Bank


DUBURI, ORISSA


FORM-3

OVERALL TIME SCHEDULE

(Bidder to fill-in for the

Project and return with his Bid)

Weeks from Effective Date of Contract Sl. No. Description of Activity /

Work Start Finish

Total Contractual completion time for entire work :

under the scope for the Project.

…………….. months / weeks from the Effective Date

of Contract

Signature : _____________________

In the Capacity duly authorised to sign bids

for and on behalf of

_______________________

(IN BLOCK LETTERS)

(with Company seal)

Notes :

1. The Bidder shall furnish the schedule of all major activities related to design, engineering,

supplies and other services, site work like construction/erection, testing, commissioning, PG

tests etc., activities related to associated civil/structural/mechanical/electrical/instrumentation

etc whichever and wherever applicable.

2. For civil/structural works at site, the detailed activity wise time schedule for each major activity

connected with the work under the scope shall be furnished.

3. The details of activity wise schedule shall be in line with the work requirements and the scope

setforth in the Draft Contract and other bidding documents included therein.

4. All tasks/activities shall be carried out in sequential manner so as to achieve the project

implementation within stipulated contractual completion time schedule and as per

requirements and stipulations setforth in bidding documents.


DUBURI, ORISSA


FORM-4

RESOURCE DEPLOYMENT SCHEDULE

(Bidder to furnish details as required herein below alongwith his Bid)

1. Construction / Erection Equipment, Tools & Tackles etc.

The Bidder shall indicate the schedule of construction/erection equipment in line with the requirements

setforth in Draft Contract and other Bidding Documents with details of each which he proposes to

deploy at site for the contract work as per the following proforma:

-------------------------------------------------------------------------------------------------------------------------------

Sl. Description of Make Capacity Year of Quantity

No. constn./ erection eqpt. lift, reach etc. manufacture

-------------------------------------------------------------------------------------------------------------------------------

2. Organisation and Manpower Deployment

The Bidder shall indicate:

a/ Number of Engineers with details, he proposes to deploy at his Head Office for

Design and Engineering and for equipment procurement and follow-up including

bio-data of key personnel.

b/ Site organisation with details and bio-data of the site-in-charge and other key

personnel.

c/ Skilled and unskilled labour, major activity-wise and skill-wise in man-months.

3. The Bidder shall indicate the details of initial mobilisation at site, which will be mutually discussed and

finalised with the successful bidder before award of the contract.

4. It is the responsibility of the successful bidder to mobilise all additional resources, if the progress is

slow or to make up the delay already occurred in order to match the completion schedule.


DUBURI, ORISSA


FORM-5

QUESTIONNAIRE ON FINANCIAL STATUS

(Bidder to furnish details as required

herein below alongwith his Bid)

1. Certified/Published Balance Sheet/Annual Report for the last 3 years.

2. Certified Financial Position regarding :

i/ Working capital (difference between current assets

and current liabilities).

ii/ Capital Employed - net fixed assets plus working

capital.

iii/ Net worth - paid up capital plus reserves.

3. Certified Liquidity and solvency statement giving :

i/ Ratio of current assets to total net assets.

ii/ Ratio of quick assets (Sundry debtors, loans and

advances, cash and bank balances) to current

liabilities.

4. Provision for contingent liabilities, if any.

5. The value of the single major order executed and time taken for its delivery / completion during the

past 5 years.

6. Orders in hand at present - Nos. of major orders, value and date of delivery, name of the customer

against each.

7. Source and application of funds statement during last three years.

8. Certificate from the Bankers regarding credit worthiness.

9. Up-to-date Sales Tax & Income Tax Clearance Certificate. (Indian Bidders/Indian Assignee)


DUBURI, ORISSA


FORM-6

REFERENCE OF SIMILAR WORK

Sl.

No.

Full particulars of

similar works

carried out by

the bidder

Amount

of work

(Rs.)

(In

Million)

(INR)

Completion

time as

stipulated

Actual

completion

time

Date of

commissioning

Name and

address of

authorities for

whom work

was carried

out

[Notes 1) A separate sheet shall be used by the bidder for each of its client for giving the

details in the proforma mentioned above. The sheet shall be duly signed and

submitted with the bid (Part II).

2) The bidder shall furnish the above details relevant in support of Qualification

criteria.

3) Such table alongwith documentary evidence shall be furnished for the

Bidder/Consortium or Joint Venture partners and his proposed major

sub-contractors individually.

4) Performance certificate from the Clients for satisfactory completion and

operation of Units/Works executed by the bidder shall be submitted along with

the form. Without performance certificate from the client, the information shall

be taken as incomplete and shall be evaluated accordingly.]


DUBURI, ORISSA


FORM-7

DEVIATION SCHEDULE TO COMMERCIAL TERMS & CONDITIONS

(If the proposal has got any deviation from the GCC / SCC, Bidder shall tabulate those deviations in this

Schedule. Attach more sheets, if necessary. It is confirmed that except those deviations, as tabulated

hereunder, the complete offer is in agreement with the specification requirement.

-----------------------------------------------------------------------------------------------------------------------

Sl. Clause No. as in General Conditions Deviations Reasons for

No. the ITT/ NIT & General of Contract/SCC proposed by deviations

Conditions Stipulations the Bidder

of Contract/SCC

-----------------------------------------------------------------------------------------------------------------------

________________________________________________________________________

Bidder’s Signature with Seal

[Notes: 1/ Deviation, if any, shall be indicated only in this schedule.

2/ Deviation listed elsewhere shall be summarily rejected and shall also be

ignored. Bidder shall be solely responsible & liable for such deviation included

in his bid

3/ No separate printed terms and conditions shall be considered and shall be

totally rejected.

4/ Deviations shall only be discussed during the bid negotiations, if any, and no

fresh additional deviations shall be entertained.

5/ Deviations, if any, constituting material deviation in terms of bid documents

shall render the bid liable for rejection. ]


DUBURI, ORISSA


FORM- 8

FORM FOR CONSORTIUM AGREEMENT

CO-OPERATION AGREEMENT BETWEEN ....................................................... FOR SUBMISSION

OF TENDER AND EXECUTION OF CONTRACT FOR ................... PLANT FOR NEELACHAL

ISPAT NIGAM LTD.

This ............................ AGREEMENT is made this ........ day of .........................

By and between

...................................................................................................... (Hereinafter referred to as ".............")

having its office at ................................................ (which expression shall, where the context so admits,

include its successors in title and assigns) of the FIRST PART;

AND

......................................................................................................... (Hereinafter referred to as "............."),

having its Registered Office at ...................................................................... (which expression shall, where

the context so admits, include its successors in title and assigns) of the SECOND PART;

(Both ................. AND .................. hereinafter collectively referred to as " the Leaders")

AND

........................................................................... (hereinafter referred to as " .............") having its Registered

Office at .................................................. and Project & Engineering Office at ....................,

.............................., ....................... India (which expression shall, where the context so admits, include its

successors in title and assigns) of the THIRD PART;

AND

.............................................. (hereinafter referred to as "..............."), a company incorporated under the

Indian Companies Act, 1956 and having its Registered Office at

.................................................................................., Orissa and Head Office at

.................................................. (which expression shall, where the context so admits, include its successors

in title and assigns) of the FOURTH PART;

(Both ................ AND ................ hereinafter collectively referred to as "the Associates")

(The parties to this agreement, ...................................... and ....................... hereinafter collectively referred

to as "the Parties").

WHEREAS the Leaders possess extensive know-how and experience in the design, engineering,

construction, manufacturing and operation of ................ Plants.


DUBURI, ORISSA


AND WHEREAS the Associates have experience in execution of contracts for various industrial plants on

turnkey basis.

AND WHEREAS ......................................................., A COMPANY INCORPORATED UNDER THE

Companies Act, 1956 and having its office at ...................... ....., in the State of Orissa, India (hereinafter

referred to as " Purchaser:") has issued tender enquiry No. ........................................................... for

construction of a new ........................ Plant at the Purchaser's site (hereinafter referred to as " the Plant").

AND WHEREAS the Leader is desirous of submitting a tender to the Purchaser for execution of the

contract for the plant as per tender specification in association with the Associates, the Leader as the main

bidders and the associates as the joint bidders;

AND WHEREAS the Parties have entered into a tie-up Agreement on _________________ (hereinafter

referred to as "the Principal Agreement") for the purpose of submission to the Purchaser for confirming the

tie up between the parties;

AND WHEREAS the parties are now desirous of entering into this Supplementary Agreement in respect of

the Principal Agreement clearly defining the scope and responsibilities of the parties and to clarify certain

articles of the Principal Agreement in the manner hereinafter appearing Both the Principal Agreement and

the Supplementary Agreement are collectively hereinafter referred to as the Agreement.

NOW THIS AGREEMENT WITHNESSETH AS FOLLOWS :

ARTICLE - 1 SCOPE OF THE PARTIES

1.1 The tender shall be submitted to the Purchaser by the Leader in its own name and shall form the

basis of the contract with the Purchaser. The Leader shall stipulate in the tender that ...................

AND ....................... will be their associates for undertaking all the Indian supplies and services as

provided in Contract No. -_______.

1.2 The Leader shall provide the Associates all required data, drawings, specifications and other

information / details to enable the associates to prepare its portion of the tender including the

information required for estimating the marine freight and Insurance. Any difference between the

estimation with the real happening shall be on the Associates' account. These shall be furnished by

the Leades to the associates well in advance to allow the Associates sufficient time to prepare its

portion of the tender and submit to the Leader.

1.3 The Leader and the Associates shall jointly discuss and prepare their respective portions of the

tender.

1.4 The parties shall co-operate with each other in all the matters connected with the contract for a

smooth and successful execution of the contract.


DUBURI, ORISSA


ARTICLE - 2 SCOPE OF SUPPLIES & SERVICES

2.1 The division of scope of supplies services between the parties shall be as per Annexure -……...

The division of scope of supply of critical equipment between the Parties shall be as per Annexure-

…………...

The services to be rendered by ………………… to the experts of Leader at India shall be as per

Annexure - ………….

Any subsequent change in the scope of supplies shall be mutually agreed upon and the price

adjusted accordingly.

In addition to above, as members of the consortium, each party shall interalia be responsible and

liable for its respective scope of work as follows,

a) LEADER shall be responsible and liable for manufacture, supply and delivery at port of

shipment of plant equipment as stipulated in the technical specification for iron and steel

plant at Duburi, ORISSA for ………………………………… on FOB PORT OF

SHIPMENT BASIS AS PER Contract No. ……...

b) LEADER shall be responsible and liable for basic engineering of complete plant complex,

design & engineering of equipment as stipulated in technical specifications volume II and

supervision of erection, testing of supplies made witness of testing of indigenous

equipment supplied by the Purchaser. Start-up, interfacing & integration, commissioning

and performance guarantee tests and training of Purchaser's personnel and other technical

services associated with critical equipment, overall coordination for establishing

performance guarantee for complete plant complex as per Contract No. ………….

c) Associate shall be responsible and liable for manufacture, procurement, supply of

equipment stipulated in technical specifications on FOR destination and delivery utpo

project site basis as per Contract No. ........... including ........................ (on FOB basis, if

imported).

d) Associate shall provide services of supervision of erection, start up, testing of equipment,

interfacing, integration, commissioning, performance guarantee tests of supplies covered

under Contract No......................

e) Associate shall provide the services for marine transport & insurance, port clearance, etc.,

inland freight & transit insurance for delivery of FOB supplies and handing over at site as

stipulated in technical specifications as per Contract No. .......................

f) Associate shall provide services towards port clearance, air insurance & freight, inland

freight & transit insruance for delivery of all the basic engineering drawings / documents

and some other documents / drawings including revised drawings, if any, supplied by

Leaders on FOB basis upto project site as per Contract No....................


DUBURI, ORISSA


g) Associate shall provide the services towards engineering of equipment as required by the

leader including services of supervision of manufacture, erection, start-up, testing of

equipment, interfacing, integration, commissioning, performance guarantee tests including

training in India as per Contract No. ...........

h) Associate shall assist the Purchaser for making the insurance claim for FOB Supplies.

If the scope of work of members of consortium is not mentioned specifically here, but is

belonging to a specified member of consortium according to the contracts, then the

specified member shall provide the same.

2.2 All the parties agree that as stipulated in the tender once the tender is accepted by the Purchaser,

the Purchaser shall award separate contracts on the parties for their respective portions of the work

as per the tender and that all payments towards the supplies and services shall be made directly to

the respective parties by the Purchaser in accordance with the contract.

2.3 The demonstration of performance of the plant is the responsibility of the leader. The Associates

shall be responsible and liable for their contractual obligations such as, manufacture of equipment

with good workmanship and engineering practice, etc. Also all parties shall ensure the timely

completion of their respective scope of contract.

To ensure the performance is achieved, Leader shall monitor and inspect the work being

undertaken by its Associates regularly and inform the concerned Associates of any shortcomings

and advise corrective measures and the Associates shall strictly follow the instruction & direction

of Leaders.

ARTICLE - 3 IMPLEMENTATION, RESPONSIBILITIES AND LIABILITIES

3.1 The Leaders and the Associates shall furnish each other all necessary data and information as per

the time schedule agreed upon between the parties in accordance with the contract and the Leader

and Associates shall complete their scope of work strictly according to the contract and time table.

3.2 The Parties shall keep each other informed of any and all developments which might be to the

interest of the parties during the execution of the Contract.

3.3 After award of the contract by the Purchaser a Project Execution Committee (PEC) shall be

formed consisting of one representative from each party. The representative from the Leader shall

officiate as the Chairman of the Committee. The Committee shall formulate policy for execution

of the contracts, monitor the progress of work of each party on a regular basis and the Committee

shall directly co-ordinate with the Purchaser on all matters. In case of any dispute between the

parties during the project execution, the decision of the Chairman of PEC shall be final and

binding for all the parties. However this will not prevent any party from referring to arbitration, if

required.

3.4 Each party shall consult the other party / parties before making any commitment / statement to the

Purchaser. All agreements / commitments to be made to the Purchaser on contractual matters shall

have the prior approval of the Chairman of PEC.


DUBURI, ORISSA


3.5 The parties shall be bound by the terms of the Contract in respect of their respective portion of

work and shall perform their portion of work under the Contract and scope of work finalised

between the parties independently in a coordinated manner for the successful execution of the

Contract.

3.6 Purchaser as specified in tender document shall enter into separate contracts with Leader and

Associates, for engineering, supply of critical equipments, marine freight & insurance, port

clearing services and supervision services, with detailed division of scope between parties. Each

party shall be responsible and liable for executing his contractual scope in time and as per

technical requirement of the Contract. Leader being the designer of critical equipment and

technological structures shall be responsible for binding weight of the same as per contract

conditions.

3.7 For the contract No. ......................... the Associates are solely responsible and liable to the

Purchaser. For this the leader being design, engineering and know-how supplier shall be

responsible for the performance guarantees of the plant as a whole subject to the Associates

successfully and completely fulfilling all their contractual obligations. The Associates shall be

responsible and liable for fulfilling their services and supplies, both manufactured and procured, in

respect to workmanship, good engineering practice etc. according to their contract and the

requirements of basic engineering provided by Leader. The Leader shall be responsible for the

correctness of weights, load data, quantities, specifications, etc. furnished to the Associates at the

time of tendering in respect to the supplies and services to be undertaken by the Associates. The

tolerance of the weight of the mechanical equipment and the quantities of main electrics and

instruments shall be less than +5%. Any variation beyond shall be on account of the Leader.

3.8 To ensure proper manufacturing of the critical equipment and technological structures being

manufactured by its Associates the Leader shall supervise and inspect the manufacturing of the

critical equipment and technological structures at the Associates workshops. Before dispatch of

any equipment and technological structures by Associates, Leader shall inspect and issue dispatch

instruction to the Associates when the Leader is satisfied with the supplies. But dispatch

instruction issued by Principal Contractor shall not relieve any of the responsibilities and

obligations of the Associates.

3.9 For any defects in equipment or components supplied by the Associates, the Associates shall repair

/ replace the equipment / components at their own cost.

For any services provided by the Associates, if it is found to be incorrect and insufficient, the

Associates shall modify the incorrectness and supply the sufficient services immediately at their

own cost.

3.10 ......................... being located at Bhubaneswar and having experience of engineering and project

management shall be coordinator to assist the Leaders in executing the contract and do the liaison

work with due approval from the PEC and also shall render all assistance for providing all

facilities for Office, lodging, boarding, and other facilities as to be required by foreign experts and

insurance, registration, government's formalities required by Indian governments, etc. as per

Schedule - 7 of tender documents during the experts' stay at India as has been detailed out in


DUBURI, ORISSA


Annexure - .......... For this the required cost shall be reimbursed by the respective parties to

Associate. In addition to Annexure - ......... Associate shall also render the following services.

i) The tender price for FOB supplies and services provided by the consortium only includes

the income tax and R&D cess as per existing rules and regulations as informed by

Associate and as per Double taxation Treaty. Any other taxes, duties and tariffs relating to

the supplies and services supplied by the consortium shall be for Purchaser's account

Associate shall inform Leader any changes in prevailing rates of taxes, duties or levies

from time to time.

ii) Associate shall be responsible for providing the General Specification for painting and

colour code including all data, information required by the Basic engineering to Leader.

iii) Associate shall provide necessary assistance to the foreign experts for arranging and

obtaining at his own cost, the necessary work permits, visas extension (if required), police

permits and other formalities required by the India government during Foreign experts'

staying and working in India.

iv) Associate shall be responsible for all the site board for danger or for other notice, if any

required under the Law and/or by Purchaser.

3.11 Time being an important factor of the contractual obligation, each party shall be responsible and

liable for completion of their contractual scope as per the contractual time schedule. In the event

of liquidated damage being claimed by the Purchaser due to delay attributable to a particular party,

the particular party shall bear the liquidated damage claimed by client up to the maximum

provision stipulated in their respective contract and the extra amount, if any, shall be shared by all

parties including the default party prorata to their contract value.

3.12 If the liquidated damage for delay in time schedule claimed by the Purchaser is attributable to

members of the consortium but can not be attributable to a specific member of the consortium the

damage payable shall be shared between the concerned parties prorata to their contract value.

3.13 Regardless of any responsibilities the Leader may have towards the Purchaser each party is

internally liable for the proper and timely execution of its portion of the work in the same manner

as if it were an independent contractor of the Purchaser. In case of any contractor failing to adhere

to his contractual obligation, the matter shall be referred to PEC under Article 3.3 above.

3.14 Each party shall be responsible to the other party / parties for complete and timely furnishing of all

data and information which one party requires from the other party for successful execution of the

contract.

3.15 The parties shall safeguard each other's interest as if they were its own.


DUBURI, ORISSA


ARTICLE - 4 FINANCING, BANK GUARANTEES AND INSURANCE

4.1 Each party shall finance their respective portion of the contract and bear the full commercial risks

because each has concluded a separate contract with the Purchaser.

4.2 Each party shall arrange for the necessary security deposits and bank guarantees as per the contract

in respect of its portion of the work at its own cost.

4.3 If any party considers it necessary to take out any insurance or insurances other than those

included in the contract, it may do so at its own cost.

ARTICLE - 5 INFRINGEMENT OF PATENT

The Leaders shall save harmless and indemnify the Associates from and against all claims and

proceedings for or on account of any patent rights, design, trade mark, copy right or name or other

protected rights in respect of the items and plant covered under the contract and from and against

all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect

thereof or in relation thereto.

ARTICLE - 6 OBLIGATION OF SECRECY

The Associates agree to use the proprietary information (data, drawings, figures) delivered or

disclosed to them by the Leaders under the Agreement only for NINL's this …………. Plant, not

to use for any other projects whether it is their own projects or somebody else, and undertake to

keep confidential such information.

If the consortium fail in getting the tender, Associate can not expose any of the information

proprietary in nature (data, drawings, figures) delivered or disclosed to them by the Leaders during

preparation of tender to any third party and can not use the above mentioned information for any

other projects whether it is their own projects or somebody else.

Associates agree to keep confidential documents, drawings, data and other papers (collectively

called "document") and information which are propriety in nature received from tenderer and to

take all necessary care to prevent third parties, including employees of Associates not required to

have access in the aforesaid materials / information from obtaining knowledge or making views in

any way whatsoever of such documents and information.

If it is necessary to pass on any information to an employee's or a subcontractor of Associates

undertake to impose an obligation of the same kind on the subcontractor. Associates further agrees

and undertakes not to make use of the said documentation or information either for installation of

new plant or plants or for repair and rebuilding of any plant or plants other than the plant or plants

for which this tender is submitted / contract is entered into without the prior written consent of the

Leader and shall inform the Leader of any improvements made with respect to or in connection

with the plant or plants installed by the tenderer and shall maintain confidentiality in respect of the

said improvements / modification in the same manner as referred to herein above.


DUBURI, ORISSA


ARTICLE - 7 DURATION AND TERMINATION

7.1 Unless terminated as per the Principal Agreement, the agreement shall remain in force until the

date on which the parties have discharged all responsibilities towards each other and the Purchaser

under the contract for the plant and the parties have settled all outstanding matters among

themselves. But Article - 6 "Obligation of Secrecy" shall be valid for 10 years.

7.2 In case any party goes into liquidation, bankruptcy or into similar situation, rendering it incapable

of fulfilling its obligations, the other parties shall be entitled to terminate the Agreement forthwith

upon notice to the first party. In such a case the defaulting party shall share in all work and

liabilities under the agreement until the date of cancellation; in such case, the other parties shall

have the right to carry on with any other party or parties for the completion of the unfinished part

of the work under the contract under intimation to the Purchaser.

ARTICLE - 8 FORCE MAJEURE

If any performance or any obligations under the Agreement by any party is wholly or partly

prevented by act of God, acts of Government, acts of public enemy, war, hostility, civil

commotion, riot, sabotages, fire, floods, explosions, epidemics, strike and lawful lock-out and any

other cause beyond the control of the party as per contract, then provided Notice of happening of

any such eventuality is given by the affected party to the other party within 15 days from the date

of occurrence and cessation of the Force Majeure, the period of Force Majeure shall be excluded

accordingly.

If Force Majeure event(s) continue beyond the period of six months, the parties shall hold

consultations to chalk out for further course of action.

Neither party can claim any compensation from the other party on account of Force Majeure.

Then the parties hereto shall consult each other promptly and in good faith with the object of

minimizing the ensuing adverse effects on any of them and of enabling resumption of performance

at the earliest opportunity. This does not apply to the obligation to pay the agreed payments for

those supplies and services rendered already.

ARTICLE - 9 ARBITRATION

All questions, disputes or differences whatsoever arising between the parties hereto touching the

construction, meaning, operation or effect of the agreement or arising out of or in connection with

or relating to the agreement or breach thereof shall be settled by direct negotiations between the

said parties. If no agreement is reached as a result of the direct negotiations within a period of 30

days from the commencement of such negotiations or within such period as may from time to time

be determined by the said parties such question, dispute or difference or matter shall be referred to

arbitration under ………………………………………………………………………………..

The venue of Arbitration shall be at ………………………...


DUBURI, ORISSA


ARTICLE - 10 GENERAL

10.1 The agreement shall be interpreted in accordance with and governed by Indian Law

10.2 Any amendments or alterations or additions made in the agreement shall be only valid if in writing

and duly signed by the parties hereto.

10.3 In case one or more provisions of the agreement shall be held to be invalid or illegal, such

invalidity or illegality shall not affect any other provisions hereof. In such a case the parties

undertake to replace the invalid provisions by such legal provisions as most suitable to realise the

purpose of the original provisions.

10.4 Notwithstanding anything contained in the Contract, the terms and conditions contained in the

Agreement shall be binding on the parties to the extent those relate to their respective portion of

work.

10.5 It is admitted and acknowledged by the parties hereto that it is impracticable to make provisions

for every contingency that may happen in the course of performance of the Agreement by the

Parties hereto and the parties hereto accordingly declare that their intention is that the agreement

shall operate between them fairly and without detriment to the interest of any of them.

10.6 All correspondence connected with the Agreement and the contract shall be in English language.

All notice, demands and / or other communications relating to the Agreement and the matters

referred to herein shall be made in writing and shall be addressed to the parties at their respective

address herein before referred to except that either party may change such address by notice in

writing.

10.7 This agreement is subject to the finalisation of the contract. If any changes take place, this

agreement will be amended accordingly regarding the relevant changes required by the Purchaser.

When the consortium discusses with Purchaser about the terms of contracts, some matters are

found that those matters should be dealt with in the consortium agreement and some articles and

clauses should be added into the consortium agreement, then the articles and clauses should be

added into the consortium agreement after discussion and mutually agreed to among all the parties.

10.8 Thsi agreement will automatically terminate by …………………. if the client does not take

decision on this project by then. In such an event all parties shall discuss for revalidating this

agreement.

10.9 If there is any conflict between the Principal Agreement and the Supplementary Agreement, the

Supplementary Agreement shall supersede the Principal Agreement.

IN WITNESS WHEREOF the parties hereto have caused these presents to be executed on their behalf by

their authorized representatives the day and year first above written.

Note : The above format may be modified to suit the requirements with prior written approval of the

Purchaser.


IRON AND STEEL PLANT

DUBURI, ORISSA

Sec-V: PS ITT No. 11.51.Q693/NINL- PH-II/OL/120

SECTION-V : PRICE SCHEDULES

1 of 2

PRICE SCHEDULE

Sl.No

Description Unit Qty Unit Price (In Rs)

Total Amount (in Rs)

1 Fabrication: Taking delivery of raw steel materials from the stores/stock yard, transporting to site including loading & unloading, fabricating structural steel work including preparation of all fabrication drawings, complete in accordance with T.S, applying one coat of primer painting system as per drawings, specifications and directions of the engineer. All material (except raw steel which is issued free of cost by NINL) including all man power, equipment,material handling equipment, crane and hydra etc., consumables and bolts etc., if any to be under scope of agency. (All Structures including Purlins, laced purlins, side and gable runners and laced runners, , truss type tie girders, wind girders, used as floor beams, bin/hopper girders etc,w,Beams/ floor beams in building, raised floor,walk ways, gang ways etc., wall beams, Straight and curved monorail beams, Bracings such as coulumn bracings, crane girder level bracings, ties at various levels between columns/posts, Chequered steel plates, in floors, walkways, freely reovable panels , stair cases, platforms, gang ways, Hand railing comprising of mild steel tubular rails, angle posts, toe guards, in walk ways, stairs, along edges of floors, around floor openings, platforms, stair way landings etc.,Ladders, stair cases, stringers, pipe supporting stools, valve access platforms, crane buffer stops, Short post, hanger, rafter frame etc.,)

MT 300

2 Erection including placement, alignment, welding , grouting and painting:Erection of structures including receiving of fabricated structures at site, storing, handling, site assembly, erecting, aligning, leveling and fixing in position at all heights and depths above and below plinth level, grouting, including applying painting(one coat of primer and two coats of synthetic enamel paint) as per drawings, all works complete as per specifications and directions of the engineer, including consumables and bolts etc., tools and labour , material handling equipment hydra, crane etc., if any, to be under scope of agency. (All Structures including Purlins, laced purlins, side and gable runners and laced runners, truss type tie girders, wind girders, welded plate girders used as floor beams, bin/hopper girders etc,w,Beams/ floor beams in building, raised floor,walk ways, gang ways etc., wall beams, Straight and curved monorail beams, Bracings such as coulumn bracings, crane girder level bracings, ties various levels between columns/posts, Chequered steel plates, in floors, walkways, freely reovable panels , stair cases, platforms, gang ways, Hand railing comprising of mild steel tubular rails, angle posts, toe guards, in walk ways, stairs, along edges of floors, around floor openings, platforms, stair way landings etc.,Ladders, stair cases, stringers, pipe supporting stools, valve access platforms, crane buffer stops, Short post, hanger, rafter frame etc.,)

MT 680

2 of 2

3 Erection of linear plates including receiving of fabricated structures at site, storing, handling, site assembly, erecting, aligning, leveling and fixing in position at all heights and depths above and below plinth level, grouting, including applying painting(one coat of primer and two coats of synthetic enamel paint) as per drawings, all works complete as per specifications and directions of the engineer, including consumables and bolts etc., tools and labour if any to be under scope of agency.

MT 90

4 Final Allignment of already Erected structures: Allignment, Welding and grouting of placed/erected steel structrues in position and tack welded.

MT 460

5 Painting of already erected structures:The structural painting work will have to be carried out in All auxiliary building structures at various levels . The scope includes supply of paint ,other accessories, skilled / unskilled manpower for the painting of all structural members i.e. Column/trestles, Beams, hanger, girders, truss, bracings, runners, purlins, hand rails, Cq plates, plat forms etc. The scope of the contractor includes proper surface preparation by hand cleaning with wire brush, application one coat primer paint (DFT/Coat - 40 ) & two coats of Dark grey synthetic enamel paint in all structures and golden yellow enamel paint 2 coats only in hand rails and toe guards( DFT/ Coat – 25 Microns/ coat) . Supply of Primer paint confirming to a single pack air drying phenolic modified alkyd composition with zinc phosphate conforming generally to IS 2074 (Light grey) , Finish paint confirming to a sing pack air drying high gloss phenolic alkyd modified synthetic enamel paint suitably pigmented (Dark Grey), thinner, wire brush, paint brush including skilled & unskilled manpower etc required for the completion of the job. The approved make quality and shade of the paint shall have the approval of NINL/MECON. Each coat of the paint shall be sufficiently dry before application of next coat. All statutory clearances including Safety appliance like safety nets, Life line, safety belts etc, if any required for the completion of the job is under the scope of the agency.

MT 600

6 Roofing & side cladding Taking delivery of sheeting materials from stores, transporting to site including loading and unloading, cutting, holing, placing, fixing and stiching in position at all heights above plinth level for side, gable, roof cladding as per drawing as per specifications and direction of engineer, all material, tools, and labour, complete(only C.G.I & Plain G.I sheets sheets will be issued free of cost from NINL 's store.)

Sq.Mtr 7300

Note:

1.Scrap and offcut steel shall be returned store

2. Material reconciliation shall be done by the contractor as per the prevailing norms adopted in NINL

3. All statutory and safety norms has to be followed by the contractor.

4. All the consumables, manpower, equipment required including cranes & hydra etc., any other, shall be

under scope of contractor


DUBURI, ORISSA

Draft Contract Agreement Page 1 of 6 Draft Contract for Fabrication & Erection of Steel Structures

DRAFT CONTRACT AGREEMENT


DUBURI, ORISSA


DRAFT CONTRACT AGREEMENT

DRAFT CONTRACT FOR FABRICATION AND ERECTION OF STEEL STRUCTURES & OTHER

ASSOCIATED WORKS FOR INTEGRATED STEEL PLANT OF NEELACHAL ISPAT NIGAM

LIMITED AT KALINGANAGAR INDUSTRIAL COMPLEX, DUBURI, JAJPUR, ORISSA (INDIA)

THIS CONTRACT NO. …………….. made this ……………. day of …………………………………

………………….…………

Between

NEELACHAL ISPAT NIGAM LIMITED (NINL), a Company incorporated under the Companies Act,

1956 and having its registered office at IPICOL House, Annexee, 1st Floor, Janpath, Bhubaneswar,

Orissa, India, (hereinafter referred to as the ‘Employer’) which the expression, unless excluded by or

repugnant to the context or the meaning thereof, shall be deemed to include the successors and

permitted assigns), OF THE ONE PART.

AND

……………………………….. [Contractor’s name] a Company incorporated under the Companies Act

1956 / organised and existing under the laws of ………………… and having its registered office at

………………………… (hereinafter referred to as the ‘Contractor’) which expression, unless excluded

by or repugnant to the context or meaning thereof, shall be deemed to include its successors and

permitted assigns), OF THE SECOND PART,

AND WHEREAS

a) The Employer has decided to set up Iron & Steel Plant at Duburi, Orissa, India and invited the

Contractor to submit tender for ----------------------------------required for said plant/equipment

(Package No……) at Neelachal Ispat Nigam Limited, Duburi (hereinafter known as Project /

Works).

(b) The Contractor has declared that the Contractor has valuable and specialised knowledge and

expertise for the aforesaid green field work, and

(c) The Contractor has declared that the Contractor is in position to execute the aforesaid works

complete in all respects and in conformance to the quality and efficiency as desired and

required for transfer of the requisite constructed works and other items which are in the

scope of the Contractor in this Contract, to the Employer for engineering of facilities, Plant &

Equipment and for erection, start up and commissioning of Plant & Equipment with the aim to

manufacture product as specified in the Contract, and


DUBURI, ORISSA


(d) The Contractor has obtained all clarifications on technical and commercial aspects, inspected

the site and surroundings of Project site, including hindrances & interferences, conditions,

probable contingencies and generally all the matters incidental thereto and ancillary thereof,

affecting the execution and completion of aforesaid works including co-ordination and

interfacing with the Contractors/Suppliers of this project as well as those engaged at site for

other activities related to this Project, and

(e) The Contractor has agreed to undertake the aforesaid works on the terms and conditions

stated hereinafter.

AND WHEREAS

The Employer has appointed MECON LTD, Ranchi hereinafter referred to as

‘CONSULTANT’, as their Consultant for the above Project.

AND WHEREAS

The Contractor has appointed M/s ______________________ a company organised,

registered and existing under the laws of ______________________ having its registered /

corporate office at _________________________________________, as their designer &

consultant for provided technical supports for the aforesaid works, and

NOW IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES AS FOLLOWS:

Article – 1

The Contractor hereby covenants with the Employer to performed and execute the work as detailed

in contract on the terms, conditions and specifications contained herein and in consideration of the

work done, the Employer agrees to make payment up to a total Contract price of

Rs………………………………..(Rupees…………………………………) to the Contractor as per the

terms and conditions contained in the contract.

It is clearly understood between the parties that the Contractor shall be solely responsible for the

completion of the works for its successful completion.

Article – 2

If the Contractor wishes to appoint sub-contractor or change any of the sub-contractors, the

Contractor shall take prior written approval of the Employer spelling out of the scope of work proposed

to be entrusted to the said sub-contractor.

Notwithstanding the approval accorded by the Employer to the appointment of sub-contractors, the

Contractor shall be solely responsible for the completion of the works as per specifications and within

the time Schedule agreed in this Contract and he shall be responsible for the acts, defaults and


DUBURI, ORISSA


neglects of any sub-contractor(s) as fully as if they were the acts, defaults or neglects of the

Contractor.

Article – 3

Effective Date

The Effective Date of the Contract shall be the date of Letter of Award i.e.----------------------.

The contractual Completion Time of aforesaid Project/Works, complete in all respects along with

fulfillment of Contractor’s all obligations and responsibilities as declared hereinafter under the

Contract upto issue of Completion Certificate (excluding for Works and obligations and responsibilities

during “Warranty”/”Defect Liability Period” as defined therein) shall be ----------------- months

calculated from the Effective Date of Contract.

Article – 4

The following documents shall constitute the Contract between the Employer and the Contractor, and

each shall be read and construed as an integral part of the Contract:

(a) Schedule – 1: General Conditions of Contract (GCC)

(b) Schedule – 2: Special Conditions of Contract (SCC)

(c) Schedule – 3: Price Schedules and Bill of Quantities (BOQ)

[price schedules submitted by Successful Bidder and as finalised & accepted by the Employer

during bidding process shall be included herein as Schedule – 3 of the Contract]]

(d) Schedule – 4: Contract/Technical Specifications including Drawings & Bill of Quantities (BOQ)

(e) Any other documents shall be added here

Article - 5

The following documents shall also constitute the Contract between the Employer and the Contractor,

and each shall be read and construed as an integral part of the Contract:

Annexure – I : Bar-chart & overall completion Schedule

Annexure – II : Format for Bank Guarantee for Security Deposit

Annexure – III Format for Bank Guarantee for Advance Payment

Annexure – IV : Format for Bank Guarantee for Performance Guarantee

Annexure – V : Format for Completion Certificate

Annexure – VI : Format for Final Acceptance Certificate


DUBURI, ORISSA


Article – 6

All the words and expressions used in this Contract shall, unless repugnant to the context, have the

same meaning as are respectively assigned to them in GCC. All headings and marginal notes to the

Articles, GCC, SCC and Contract/Technical Specifications or to any other part of the Contract

Document are solely for the purpose of giving a concise indication and not a summary of contents

thereof and they shall never be deemed to be part thereof or be used in the interpretation or

construction thereof.

Article – 7

All contract documents specified under Article 4 (Schedules) and Article 5 (Annexures), forming an

integral part of the contract, are to be taken as mutually explanatory to one another. However, in case

of conflict between the Schedules and Annexures, the provision contained in the Schedules shall

prevail. In case of conflict / contradiction between Articles of this contract and Schedules appended

herein, provisions of he Articles shall prevail. Further, in case of conflict between the provisions

contained in different Schedules under this contract, more stringent stipulations shall prevail and the

decision of Employer shall be final and binding in this regard.

Article – 8

The Contract shall be governed in accordance with the laws of India. The Contract shall be subject to

exclusive jurisdiction of courts at Bhubaneswar.

Article- 9

There are no understandings or agreements between the Employer and the Contractor which are not

fully expressed herein including the Contract documents specified in Article- 4 & 5 hereof. However,

all statement or agreement agreed and/or accepted by the Employer in writing, prior to or at the

signing hereof but not expressly included under the Contract shall be deemed to have been included

under the Contract and shall form an integral part of the Contract.

Article – 10

10.1 All notices under this Contract shall be given in writing and shall be deemed sufficiently given

when delivered either in person or by telegram, telefax or by registered mail addressed to the

other party at its address setforth in the preamble to this Contract with a copy to the

nominated representative at site.

10.2 If any such notice is delivered by hand, it shall be duly acknowledged and if given by fax it shall

be confirmed by Registered Letter within seven days of the date of such notice. Either party shall

by notice in writing inform the other party of any change of its address as stated under herein

below for receiving such notices.


DUBURI, ORISSA


10.3 Date of notices under this Clause shall be the date of receipt of such notice by the receiving

party. The address of Purchaser and the Contractor are as specified in SCC.

Article-11

11.1 The Consultant in relation to the Contractor, shall have such functions as are delegated to

him in the Contract or as may be delegated to him by the Employer from time to time.

Employer shall keep the Contractor informed of such delegation.

11.2 If there is any difference between the Contractor and Consultant on any matters about and in

connection with the implementation of this Contract, the matter shall be referred to the

Employer for resolving the same and decision of the Purchaser thereon shall be final.

Article – 12

This Contract is executed in English language in two originals, each party receiving one original duly

signed. Both these originals are authentic. Within 30 (thirty) days of signing of the Contract, the

Contractor shall submit 15 (fifteen) photo-copies of the entire Contract document in bound form to the

Employer for his use.

IN WITNESS WHEREOF THE parties hereto by representatives duly authorised have executed the

Contract on the day, month and the year first above written.

Name Name

Designation Designation

For an on behalf of (Contractor) For and on behalf of Neelachal Ispat Nigam Ltd.

(Seal of the office) (Seal of the office)

In the presence of

1.

2.

3.

In the presence of

1.

2.

3.

[ Note: Such Stipulations of this Contract Agreement which are repugnant to the context

shall be deleted prior to signing of the Contract.]

Sch – 1 : GCC Page 1 of 66 Draft Contract for Fabrication & Erection of Steel Structures

SCHEDULE - 1 : GENERAL CONDITIONS OF CONTRACT


SCHEDULE – 1 : GENERAL CONDITIONS OF CONTRACT

INDEX

Clause No. Clause Description Page No.

1.0 Definitions 4 of 66

2.0 Scope 7 of 66

3.0 Contract Price 14 of 66

4.0 Completion Time 16 of 66

5.0 Taxes and Duties 19 of 66

6.0 Terms of Payment 20 of 66

7.0 Deductions from Contract Price 21 of 66

8.0 Contract Specification 22 of 66

9.0 Security Deposit / Performance Bank Guarantee 22 of 66

10.0 General Obligations of Contractor 23 of 66

11.0 Labour 28 of 66

12.0 Work Permit, Passport, Security Pass etc. 33 of 66

13.0 Contractor’s Representative 33 of 66

14.0 Sub-Contracts 34 of 66

15.0 Drawings for fabrication of Steel Structures 34 of 66

16.0 Insurance 36 of 66

17.0 Type, Quality of Materials and Workmanship 38 of 66

18.0 Inspection & Tests 40 of 66

19.0 Fabrication and Erection of Works 41 of 66

20.0 Approval by the Employer 45 of 66

21.0 Employer’s Authority 46 of 66

22.0 Rejection 47 of 66

23.0 Responsibility for Performance of Contract 47 of 66

24.0 Completion Certificate 48 of 66

25.0 Defect Liability Period 49 of 66

26.0 Passage of Property and Risk 50 of 66

27.0 Employer’s Lien 50 of 66

28.0 Materials not incorporated in Works 51 of 66

29.0 Misuse of the Works 51 of 66

30.0 Protective Painting 51 of 66

31.0 Possession Prior to Completion 51 of 66

32.0 Liquidation, Death, Bankruptcy etc. 51 of 66

33.0 Secrecy, Titles 52 of 66

34.0 Negligence, Default and Risk Purchase 53 of 66

35.0 Indemnity 54 of 66

36.0 Suspension 55 of 66

37.0 Termination 56 of 66

38.0 Force Majeure 59 of 66

39.0 Assignment 60 of 66

40.0 Arbitration 60 of 66


Clause No. Clause Description Page No.

41.0 Rights of Employer to vary the scope 61 of 66

42.0 Waiver 61 of 66

43.0 Amendment 61 of 66

44.0 Termination of Services of Contractor’s Personnel 62 of 66

45.0 Safety and Security 62 of 66

46.0 Compliance with Statutory Laws / Regulations 64 of 66

47.0 Applicable Law 65 of 66

48.0 Language 65 of 66

49.0 Notices 65 of 66

50.0 Severability 66 of 66

51.0 General 66 of 66

52.0 General Liability 66 of 66


1.0 DEFINITIONS

The following words and expressions as used in this Contract (as hereinafter defined)

shall have the meanings hereof assigned to them except where the context otherwise

requires:

1.1 "Approval of the Employer" shall mean the written approval by the

Employer/Consultant of a document or drawing or other particulars or matters in relation

to the Contract.

1.2 "Completion Time" shall mean the period stated in the Contract for the completion of

all works and services in terms of the Contract, from Effective Date of Contract.

1.3 "Contract" shall mean and include the Contract Agreement entered into between the

Employer and the Contractor together with all documents as referred to therein and

annexed therewith.

1.4 "Contractor" shall mean the Tenderer whose tender has been accepted by the

Employer and on whom the Contract has been awarded by the Employer and shall

include his heirs, legal representatives, successors and permitted assignees.

1.5 "Erection"/ “Installation” shall mean the fabrication and erection of steel Structures

including related supplies in accordance with the Contract/Technical Specifications and

stipulations of the Contract by and under the supervision of Contractor and will include

any service which the Contractor is required to perform at the site with his own and/or

other staff and/or labour for the due fulfillment of Contract.

1.6 “Contract Price” means the price of each item / category payable to the Contractor as

specified in the Contract, subject to such additions and adjustment thereto or deductions

therefrom, as may be made pursuant to the Contract.

1.7 "Consultant" shall mean the Organisation (MECON LTD.) appointed by the Employer

as Consultant for the Project.

1.8 "Delivery" shall mean delivery of only such, materials and supplies as specified in the

Contract, by the Contractor in accordance with the Contract Specifications and the

sequence of delivery schedule of the Contract. In case of construction and erection

work, delivery shall mean the approval of the Employer to the said construction and

erection work.

1.9 "Dimensions" shall mean the extent of a line, area, volume. They are to be based on

the metric system i.e.

- for length measurement in km or mm.

1 km = 1000 m

1 m = 100 cm

1 dcm = 10 cm

1 cm = 10 mm


- for surface measurement, in sq. m.

- for volume measurement in cu. m.

1.10 "Drawings"/ “Documents” shall mean the designs, plans, drawings including

diagrams, specifications, sketches etc and prints thereof and details which are required

to be provided by the Employer to the Contractor as well as those to be provided by the

Contractor to the Purchaser as per terms and specifications of the Contract for the

purpose of execution of the Works as covered under the scope of the Contractor.

1.11 “Effective Date of Contract” shall mean Date of Letter of Award (LOA).

1.12 "Employer" shall mean and include Neelachal Ispat Nigam Ltd.(which expression shall,

unless repugnant to the context or meaning thereof, be deemed to include its

successors and permitted assigns) and its different functionaries entrusted with the

responsibilities in relation to this Contract in respect of the area of responsibilities of such

functionaries. The word “Purchaser” wherever appearing in the Contract shall mean the

“Employer”.

1.13 "Engineer" shall mean the officer nominated by the Employer for the purposes of the

Contract work.

1.14 “Final Acceptance” shall mean issuance of Final Acceptance Certificate by the

Employer in terms of the Contract.

1.15 “General Conditions of Contract (GCC)” shall mean general conditions as stipulated

under the Contract.

1.16 "Inspector"/"Inspecting Engineer" shall mean any person or firm nominated by or on

behalf of the Employer or his duly authorised agent to inspect supplies of materials or

work under the Contract.

1.17 "Letter of Award" shall mean acceptance of tender.

1.18 "Manufacturer" refers to a person or firm who is the producer and supplier of material

or designer and fabricator of steel Structures to either the Employer or the Contractor or

both under the Contract.

1.19 "Mobilisation" shall mean establishment as per Contract of sufficiently adequate

infrastructure by the Contractor at site comprising tools & tackles, equipment and

machineries including setting up site offices with facilities such as power, water,

communication etc. establishing manpower organisation comprising of Engineers,

Supervisory personnel and an adequate strength of skilled, semi-skilled and unskilled

workers as required, who, with the so established infrastructure shall be in a position to

commence execution of work at site, in accordance with the agreed time schedule of

completion of works to the satisfaction of the Employer.

1.20 The term "Particulars" shall mean the following :

a. Specification


b. Drawing

c. Sealed pattern denoting a pattern sealed and signed by the Inspector.

d. Proprietary make denoting the product of an individual firm.

e. Any other details governing the construction, manufacture, supply and/or

erection as per the Contract.

1.21 "Project" shall mean the Project or Scheme in respect of which this Contract has been

signed.

1.22 “Special Conditions of Contract (SCC)” shall mean special conditions, stipulations

which shall be complementary to General Conditions of Contract (GCC), unless any

stipulation of GCC is amended, modified, deleted or replaced by a stipulation of SCC.

1.23 "Services" shall mean and include any and all engineering & technical services to be

performed/provided by the Contractor under this Contract.

1.24 "Site" shall mean the place or places envisaged by the Employer at which steel

structures under the Contract are to be fabricated and erected and/or the erection are to

be carried out and/or services are to be performed under the Contract together with such

other places as may be specifically provided by the Employer for the purposes of the

Contract.

1.25 “Specifications" or "Contract Specification" shall mean the Technical Specifications,

General Specifications, Schedules (Technical), detailed designs, statements of technical

data, performance characteristics value and all such "particulars" mentioned in the

Contract.

1.26 “Sub-contractor" shall mean the person/company to whom a part of the Contract has

been sublet with the consent in writing of the Employer and shall include his heirs, legal

representatives, successors and permitted assigns.

1.27 “Supervision" shall mean the successive controls and directions given by the

Contractor in relation to Contract work during execution of the Contractor's and/or his

sub-contractor's work.

1.28 “Tender Documents" shall mean Employer's specification and commercial terms and

conditions including NIT, issued for the purpose of preparing tenders.

1.29 “Tender Drawing" shall mean such drawings, plans, sketches and details as are issued

together with the Employer's Specification for the purpose of preparing Tenders.

1.30 “Test" shall mean and include any and all tests to be performed under the Contract in

order to ascertain the quality and efficiency in respect of the Work or part thereof as

stipulated under the Contract and material test in particular.

1.31 "Time" shall be reckoned by months, days and hours, month being equivalent to the

calendar month according to the Gregorian Calendar. The day or days unless herein

otherwise expressly defined shall mean calendar day or days of 24 hours each.


1.32 “Total Contract Price” means cumulative price of all items / category of items as

specified in the Contract.

1.33 "Unit" shall mean such plant & equipment and systems as generally defined under the

Contract.

1.34 "Weight" shall mean the calculation of a load. It is to be stated in ton (1 ton = 1000

Kilogram) and/or kilogram (1 kilogram = 1000 gram).

1.35 "Works" / “Facilities” shall mean and include all works specified or set forth and

required in any of the specifications, drawings and schedules thereto annexed or

referred to or to be implied there from or incidental thereto or to be hereafter specified or

required in such explanatory instructions and drawings as shall from time to time during

the progress of the work hereby Contracted for, to be executed by the Contractor under

the Contract.

1.36 The words “Tender” & “Bid”, “Tenderer” & “Bidder” are one and the same in its

meaning & intent.

1.37 Words importing persons shall include firms, Companies, Corporation, associations or

body of individuals whether incorporated or not. Words importing masculine gender or

singular number shall also include the feminine gender and plural number and

vice-versa where the context so requires or permits.

1.38 Terms and expressions not herein defined shall have the same meaning as are

assigned to them in the Indian Sale of Goods Act (1930), failing that in the Indian

Contract Act (1872) and failing that in the General Clauses Act (1897) and any

amendments / modifications thereto and such others as mentioned from time to time.

2.0 SCOPE

In consideration of payments to be made by the Employer, the scope of the Contractor

shall be, as included under the Contract and other documents referred and annexed

thereto, including Technical Specifications and, in terms of stipulations of the Contract.

Unless otherwise expressly limited and/or excluded elsewhere in the Contract from the

scope, the Contractor’s scope under the Contract shall be including but not limited to as

stipulated under following sub-clause.

2.1 The Contractor shall provide all materials (other than those which shall be supplied by

the Employer as free issue items, if any), adequate skilled, semi skilled and non-skilled

labour, qualified and experienced supervisory personnel. The Contractor shall arrange

all necessary tools, tackles, fabrication equipment & plant, transportation and adequate

suitable storage of all materials necessary for the proper execution and completion of

the work to the satisfaction of the Employer.

2.2 All enabling works e.g. provision of temporary site office, site godown / stores, yard,

temporary / approach roads to work site, temporary drains, construction water, covered

storage facility, storage facility for steel and other materials, survey work, workshop,

etc., which are required for efficient working and completion of the project shall be

arranged by the Contractor within the Contract price.


2.3 The scope of contractor’s shall also include planning, co ordination for surface

preparation for Painting, Painting, inspection and erection and handing over the work in

fully erected condition to the Employer as specified in contract specifications.

2.4 Technical Services

The technical services to be provided by the Contractor are detailed in

Contract/Technical specifications which shall be including but not limited to the

following:

(a) Fabrication and erection, planning and scheduling of all the services and

related activities under the scope of the Contractor to ensure completion of

entire work under the scope within the contractual completion time and as per

quality and workmanship stipulated under the Contract, preparation &

submission of Bar Chart/PERT Network.

(b) The Contractor shall provide his detailed scheme for mobilisation of manpower,

organisational resources and construction machineries along with adequate

material handling equipment, in addition to other tools and consumables,

keeping in view of the completion schedule of all services under the scope of

the Contractor.

(c) Taking out comprehensive insurance in terms of the Contract, for all the works

and materials, fabrication and erection and keep the Employer indemnified

from all the damages and loss thereto from all risks, till these are finally taken

over by the Employer in terms of the Contract. All coordination relating to

insurance & claim settlement shall be carried out by the Contractor. Delay on

account of settlement of insurance claims by the Contractor shall not be

considered an excuse for delay in completion.

(d) The scope of work of the Contractor shall be amongst others, complete

fabrication and erection / installation in accordance with Contract/Technical

Specifications and fabrication and erection drawings prepared by Contractor

and those drawings provided by the Purchaser to the Contractor. All those

drawings furnished by the Contractor shall become the property of the

Purchaser.

(e) The Employer shall provide construction power as per stipulations of the

Contract. However, if required, the Contractor shall lay and maintain properly

all the temporary supply lines at construction site for temporary power required

for fabrication and erection purposes. Contractor shall keep & maintain back-

up power generator(s) of adequate capacity at his own cost to continue with

fabrication, erection & related work in uninterrupted manner in the event of

non-availability/failure of power provided by the Employer. Non-availability of

power from the Employer shall not be an excuse for delay in completion of

works.

(f) The Contractor shall assume full responsibility for the performance of his sub-

contractors, specialists including foreign specialists of his foreign associates, if

any.


(g) It shall be the responsibility of the Contractor to comply with all statutory

regulations and requirement including but not limited to registration with

Government and/or local statutory bodies, comply with all their

laws/regulations, labour laws etc. in connection with execution of the Contract.

All safety, health and pollution control measures as required to be adopted as

per the Statutory Regulations and the Safety Codes for Contractors enclosed

or otherwise required or implied by statutory regulations or practices including

those specified under the Contract shall be strictly followed by the Contractor

during the execution of the Contract. The Contractor shall set up a suitable

safety organisation of his own at site in this regard.

(h) Clearance of installations from the statutory and other concerned authorities on

behalf of Employer. The Contractor shall also assist in preparing application

forms, providing necessary drawings, documents, test certificates etc including

necessary co-ordination with statutory and other concerned authorities.

(i) The scope of the Contractor shall also include:

(i) Total day to day supervision of fabrication, erection and specialised

services, if any.

(ii) Arranging for getting all the samples approved by

Employer/Consultant.

(iii) Preparation of all test samples for conducting routine tests so as to

check and control quality of works as per Contract.

(iv) Conducting various performance tests, guaranteed performance of

various structural units/systems of work executed as per terms of

Contract.

(v) All debris and/or material(s) that are no longer required for

fabrication/ erection purpose shall be removed by the Contractor for

disposal to a site designated by the Employer. The Contractor shall

be responsible for transporting, loading / unloading and handling of

all such materials in respect of disposal to the designated site at no

extra cost to Employer.

2.5 Total Responsibility

The Contractor shall be solely responsible for the entire fabrication and erection of steel

structures and technical services as per the Contract irrespective of whether the work,

supplies and services have been made/ rendered by him directly or by his sub-

contractor with or without the approval of the Employer/Consultant as the case may be.

2.6 Completeness

The Contractor shall, unless expressly excluded in the Contract from the Contractor’s

scope of works, perform all such work/services and/or supply all such items & materials

at no additional cost to the Employer, not specifically mentioned in the Contract but

required for attaining completion of work in accordance with the Contract, as if such

work/services and/or supply of such items & materials were expressly included in the

Contractor’s scope of work under the Contract.


The approval by the Employer / Consultant at any stage for any services of the

Contractor provided under the Contract shall not relieve the Contractor of his obligations

as stipulated herein above.

2.7 Facilities to be provided by the Employer

Unless stated otherwise in SCC, the Employer shall provide the following facilities to the

Contractor, as per the terms & conditions of the Contract.

2.7.1 Free Issue Items

Unless stated otherwise in SCC, raw structural steel required for fabrication and

erection of structures, crane rails, GC sheets shall be issued free of cost by the

Employer at Employer’s godown subject to stipulations herein below :-

All other materials / items like FRP sheets, flashings of Plain GI sheets, corners, ridges,

galvanized fittings and fixtures, fasteners, shims, packs, paints, consumables etc. shall

be provided by the Contractor for satisfactory completion of work as per contract

specifications.

(a) General Conditions:

(i) The Contractor has to arrange for loading, weighing, transporting, unloading

and storing at site at his cost.

(ii) The Contractor shall build and maintain, within the Contract price, sufficient and

proper storage space for Structural steel & other materials so as to store all

Structural steel being issued to them by the Employer as free issue item, if any.

Capacity of the storage space shall be sufficient so that the Contractor shall

execute the work smoothly.

(iii) In order to ensure timely delivery, the Contractor shall submit a quarterly

projection of his requirements in advance giving full particulars of the materials

indicating monthwise requirement.

(iv) The Contractor shall account for all the materials issued by the Employer

before presenting the final bill.

(v) The Contractor shall return all the surplus free issue materials in cut pieces or

full length after completion of the work at Employer’s stores.

(vi) Any stock of free issue materials generated after reconciliation shall be the

property of the Employer and the Contractor shall return that to the Employer’s

stores.

(vii) The Contractor shall ensure about the quality/quantity of the free issue material

before taking delivery and no complaint whatsoever shall be entertained

afterwards.


(viii) No free issue materials for the enabling works of Contractor’s and other works

(e.g. Contractor’s site office / site godown, working platforms, jigs & tools etc.)

will be issued by the Employer. The Contractor shall arrange for those himself.

(ix) The free issue materials issued to the Contractor shall be the property of the

Employer and he will have authority to inspect and check the Contractor’s

stores at any time.

(x) The Contractor shall maintain day to day account of all the free issue materials

issued by the Employer.

(b) Conditions pertaining to issue of structural steel

(i) Structural steel shall be issued 5% in excess over the quantity shown in the

drawing and all steel shall be issued on weighment basis without any rolling

margin.

(ii) For the purpose of payment and accounting, the weight of steel shall be

calculated as per bar bending schedule considering unit weight as per IS code.

(c) Wastage & Accountability

(i) For the purpose of accounting of materials supplied by Employer, free or on

cost recoverable basis, the following wastage including rolling margin, invisible

wastage and cut pieces of less than one metre length and plates with lesser

dimension less than 300 mm shall be allowed.

Structural Steel: Sections – 5% on the quantity by weight computed, based on

Fabrication drgs.

Structural Steel Plates- 7.5% on the quantity by weight computed, based on

Fabrication drawings.

Other materials – 5% on the quantity by weight computed, based on

erection drawing.

For all cut pieces (plates & section) invisible wastage (cutting and burning

losses) of maximum 0.5% will be admissible.

(ii) Employer reserves the right to take back such sections or quantity of Steel

issued in excess of quantity as per fabrication drawings plus permissible

wastage. The Contractor shall return to the Employer all such steel supplied in

good acceptable condition.

(iii) For any misuse/unaccountable quantity of free issue steel recovery @200% of

prevalent market rate shall be made by the Employer.

The charging of penal rate shall be without Prejudice to any other remedies or

action, available to the Employer, against the Contractor.

2.7.2 Utilities for Construction Purposes:


Unless otherwise expressly limited and/or excluded elsewhere in Contract documents,

the Employer shall provide following facilities to the Contractor:

(a) Construction / drinking water shall be arranged by the Contractor during the

execution of work. No specific facility shall be made by the Employer for the

purpose of construction / drinking water at site.

The provision of borewells have been made for the Project, which may be

utilized by the Contractor for making arrangements of water if and when these

are ready with the Employer. The Contractor shall make his own arrangements

and maintain at his cost for pumping & distribution networks for his use of water

from these borewells during execution of the contract.

However, non availability of this facility shall not be an excuse for delay or non-

performance of the contract.

The Contractor shall be responsible to store water in sufficient quantities to meet

his requirements.

(b) Construction Power:

(i) The Contractor shall be provided with construction power at 400V,

3-phase free of cost for the purpose of the fabrication / erection under

the Contract only at one point at the project site.

(ii) The Contractor shall make his own arrangements at his cost to provide

& lay and maintain necessary temporary supply and distribution lines

including switches, fuse units, distribution cables of suitable rated

capacity separately for power and lighting along with appropriate safety

and protection measures from this point. All temporary wiring must

comply with Indian Electricity Rules and Act and will be subject to the

Employer's inspection and approval before connection to supply and

later.

He will employ electricians having valid Electrical Licenses for carrying

out such installations and maintenance of temporary power and lighting

distribution networks.

(iii) Any intermittent non-availability of power from the Employer shall not be

an excuse for delay in completion of works. The Contractor shall keep &

maintain back-up power generator(s) of adequate capacity at has own

cost & risk to continue with fabrication & related work in uninterrupted

manner in case of failure of power provided by the Employer.

(iv) The above installation will be made as per relevant rules and site

locations which are to be finalised in consultation with Employer's

personnel.

(v) The Contractor will provide proper facilities to the Employer or his

authorised representative for inspecting his temporary electrical

installation as and when required. The Contractor will immediately

attend to the defects so pointed out during this inspection including

replacement of faulty cables, switches etc.


(c) Temporary allotment of land for the purpose of site Office, Stores and temporary

works for execution of Contract.

(i) Space will be allotted free of charge for the purpose of Contractor’s site

Office, Stores / Godown and fabrication yard, subject to mutual

discussion and agreement because of limited availability of space.

(ii) The allotment shall remain valid till the currency of the Contract and

shall automatically cease after issuance of Final Acceptance Certificate

under the Contract. The validity shall also automatically cease on

termination of Contract due to any reason whatsoever.

(iii) The land shall not be used for any purpose other than the purpose for

which it is allotted.

(iv) The Employer shall not be responsible to provide residential

accommodation to Contractor’s personnel deployed by him under the

Contract.

3.0 CONTRACT PRICE

3.1 The Total Contract Price in respect of the scope of the Contract covered by and in

accordance with all terms, conditions, stipulations, specifications, requirements and

other conditions of the Contract shall be as specified under the Contract.

3.2 Basis of Contract Price

The Contract price as stated above has been arrived based on the estimated quantities

and rate as stated in Bill of Quantities (BOQ) enclosed alongwith the Contract. The final

contract price to be paid to the Contractor shall be adjusted downward or upward based

on actual tonnage executed as per drawings / documents or any modifications thereof

and as certified by the Employer / Consultant under various item of works as per Bill of

Quantities and unit rate as agreed against those items of works. The unit rates shall be

inclusive of all applicable taxes, duties and levies for the scope of work in this Contract.

3.3 Scope of Contract Price

3.3.1 The Contract price shall be deemed interalia to include and cover the cost of all

enabling facilities mentioned in the contract and all materials (except materials which

shall be provided by Employer as a free issue items, if any) labour, tools , plants,

equipment, templates, scaffoldings, supports, approaches, insurance, taxes, stand-by

power, lubricants, consumables, transport, handling, storage, approval, checking,

testing, temporary facilities like labour camp, roads, drains etc., facilities for quality

control, testing/ checking of all materials supplied and works executed and/or

performed by the Contractor, temporary accommodation, services, pumping out

subsoil/ drainage/ rain water, disposal of rubbish, supervision, overheads, profits,

security, safety and fire fighting measures to be supplied/used by the Contractor and

such other items like mobilisation of construction equipment including cranes, welding

equipment, etc. as may be required for execution of the works as per the Contract or

any portion thereof complete in all respect and maintained as detailed in the Contract

document or as may be ordered in writing during tenure of Contract.


3.3.2 The Contract price shall be deemed to include and cover the cost of all royalty and fees

for all articles and processes protected by letters of patent or otherwise incorporated in

or used in connection with the work, also all rents and other payments in connection

with obtaining all the materials for the work and shall indemnify the Employer, which

indemnity, the Contractor hereby gives against all actions, proceedings, claims,

damages, costs and expenses arising from the incorporation in or use of such articles,

processes or supplies.

3.3.3 Contract Price also includes all bank charges and all other charges in connection with

payment to be made to the Contractor and in connection with Bank Guarantees.

3.4 Firm Rates

3.4.1 Unit rates of all the items as specified in Contract Specifications and Bill of Quantities

(BOQ) shall remain firm, fixed and binding on the Contractor till issuance of Final

Acceptance Certificate by the Employer under the Contract and shall not be subject to

any variations except for :

(i) Statutory variation in Works Contract Tax, Service Tax and Income Tax if

admissible under the Contract.

(ii) The unit rates for all the items shall remain firm upto + 20% variation in the total

contract price. Revision in the unit rate(s) of item(s) shall be applicable only

when the total contract price as well as quantity(ies) of individual item(s) varies

beyond + 20%. The revision in unit rate(s) of respective items, either upward or

downward shall be carried out on mutual agreement basis.

3.5 Measurement of Works

3.5.1 Unless otherwise specified measurement of work shall be carried out on the basis of

drawings, sketches/schemes and any modifications thereof issued by the Employer in

terms of the Contract.

3.5.2 Measurement at site shall be taken only in the case of site deviations for which no

revised drawings have been issued or in the cases where measurement from the

drawing is not possible. Such measurement shall be recorded preferably in

sketches and signed jointly by the Employer/Consultants and Contractor.

3.5.3 In both cases of measurement of work as stated above the Contractor shall certify that

the work has been carried out strictly as per the drawings, specifications and item of

work and is in terms of the Contract. Such certificate shall require Employer’s /

Consultant’s endorsement for the purpose of payment.

3.5.4 In the event of any dispute with regard to the measurement of the work executed, the

decision of the Employer / Consultant shall be final and binding on the Contractor.

3.5.5 In the case of site measurement as stated above, should the Contractor not attend or

neglect or omit to send representative for taking joint measurement, then the

measurements taken by the Employer / Consultant shall be deemed to be correct

measurement of the works and shall be binding on the Contractor.

3.6 Extra Items


Should it be found necessary to execute any item of work which is not included in the

Bill of Quantities (BOQ) and as such no Contract rate is available, the rates for such

items of work shall be fixed as per the following procedure:

(i) Where the extra works are of similar nature as to any item of work appearing in

"Bill of Quantities" then the rates for such extra items shall be derived from

Contract rates of similar/closest item of work.

(ii) Where the nature of extra item is such that the rate for the same cannot be

derived as per (i) above then the rates for extra item of work shall be derived

by rate analysis based on the market rates. Norms as per relevant IS Code for

materials, labour and other components shall be considered for this purpose.

(iii) Where rates for extra item of work can not be established by methods (i) or (ii)

above, then the rate for such item shall be estimated and fixed by the Engineer

based on the market rates & assessment for labour, materials & other factors.

(iv) The overheads, supervision and profit shall be considered as 15% in the

clause (ii) and (iii) above.

(v) Final Contract price shall be adjusted accordingly, based on the quantities of

extra items executed by the Contractor under instructions of Employer /

Consultant and rates as finalised as per above

However, the Contractor shall execute extra jobs as and when instructed by the

Employer / Consultant pending finalisation of the rates

4.0 COMPLETION TIME

4.1 The completion time for the entire works and services under Contractor’s scope under

the Contract from Effective Date of Contract shall be as stated in SCC subject to

stipulations given herein this Clause.

4.2 Effective Date of Contract

Effective Date of Contract shall be the Date of Letter of Award.

4.3 Project Implementation Schedule

4.3.1 Time schedule for the entire construction / installation of works, is as shown in the

enclosed Bar Chart and shall be binding on the Contractor.

[Note: The Bar Chart to be submitted by the tenderer and finalised with the successful

tenderer and annexed to the Contract.]

4.3.2 Master PERT network of the project as a whole shall be resubmitted by the Contractor to

the Employer/Consultant for their approval and finalised within 3 (three) weeks from the

date of Effective Date of Contract. Network shall be prepared based on milestones as

specified in the Contract / Technical Specification, which shall be the basis for the

performance of the Contract.


4.3.3 The Contractor along with Master PERT network shall submit detailed schedule for

various activities related to fabrication and erection, under the Contractor’s scope under

the Contract and schedule of start and completion of activities for the Employer’s

approval.

4.3.4 Detailed resource deployment schedule including followings shall be submitted along

with network.

(a) fabrication and erection plan for the material & works under his scope which

shall interalia include:

i) The fabrication and erection techniques to be employed.

ii) Resource planning for:

(a) Deployment of fabrication and erection equipment

/machineries.

(b) Deployment of manpower of specific trade and requisite skill.

iii) Construction material planning.

iv) Sequencing of fabrication and erection and installation to avoid

accumulation/ under-utilization of resource & to achieve better

progress.

v) Action plan for completing critical work.

(b) Deployment of fabrication/erection machineries /equipment

(i) List of various fabrication equipment and plant such as welding sets,

mobile cranes, fork lift, other machineries including mechanised

system of construction, handling and transportation etc. planned to be

mobilised with quantity & rated capacity/specification.

(ii) List of machinery, tools and tackles such as machine tools, welding

transformers, generators sets, gas cutting sets, drilling machines, chain

pulley blocks, winches, pug machines, survey instruments, air

compressor etc. and indicate specification and quantity of each item.

(c) Deployment of manpower

List of manpower deployment for the following categories indicating number of

personnel, schedule and duration of their posting of site, qualification,

experience.

(i) Personnel to be engaged for coordination, follow up and expediting.

(ii) Engineers and supervisor directly attached to site work.

(iii) Organisation (proposed) for implementation of the package.


Updated level networks along with progress reports shall be submitted by the

Contractor (formats to be mutually finalised) every month.

4.3.5 Defect Liability Period shall be deemed to have expired when the Final Acceptance

Certificate has been issued by the Employer under the Contract.

4.4 Liquidated Damages for delay in completion

4.4.1 Time is the essence of the Contract.

4.4.2 If the Contractor fails to complete the works/items of works in all respect and

hand over the same to the Employer within the time stipulated in the contract the

Contractor shall pay to the Employer liquidated damages for such default and not as

penalty at the rate of 0.5 % of the final contract price for every week of delay or part

thereof.

4.4.3 The liquidated damages will also apply to items or group of items / units for which

separate period of completion has been specified.

4.4.4 The total amount of liquidated damages for delay shall be limited to 5% of the final

Contract price.

4.4.5 The Employer may without prejudice to any other method of recovery deduct the

amount of liquidated damages from any money in his hands due or become due to

the Contractor.

4.4.6 The payment or deduction of such liquidated damages shall not relieve the

Contractor from his obligation to complete the works or from any other of his

obligations and liabilities under the Contract.

4.5 Progress Report

Contractor shall prepare and update regularly his detailed PERT/CPM network and

submit with periodical progress reports showing start and completion dates of all

activities related to purchasing & procurement of materials, inspection and dispatch,

fabrication and erection etc under his scope of supplies and services including and

those of his sub-contractors for the Employer’s perusal. The type of progress reports,

format and frequency thereof, and number of copies to be submitted shall be

communicated to the Contractor by the Employer at appropriate stages during execution

of the work, which shall be binding on the Contractor.

4.6 Review Meetings

The Employer will conduct & organise periodical review meetings with Contractor and/or

its associates/sub-contractors to monitor the progress of work. The frequency of such

meetings shall be communicated to the Contractor by the Employer at appropriate

stages during execution of the work, which shall be binding on the Contractor.

5.0 TAXES & DUTIES

5.1 The Contract Price is inclusive of all taxes, duties, levies, including Sales Tax on

Works Contract, Service Tax & Educational Cess, Income Tax etc as per prevailing

rates applicable on base date.


5.2 All taxes, duties & levies including service tax & educational cess, if any, as

applicable on services and supplies (as on base date) shall be borne & paid by the

Contractor.

5.3 Unless otherwise specified in SCC, statutory variation in Works Contract Tax, Service

Tax and Income Tax or withdrawal thereof or imposition of new taxes and duties

during the agreed Contract completion schedule shall be to the account of the

Employer. All such statutory variation, new taxes, duties and levies, shall be payable

against documentary evidences as required by the Employer. Statutory variation on

input material / bought outs under the scope of contractor shall be borne by the

contractor and any claim on this account shall not be entertained by the Employer.

5.4 Unless an extension of time for Contract Completion Schedule is granted by the

Employer under the Contract, any upward variation in taxes and duties or imposition

of new taxes and duties arising beyond Contract Completion Schedule shall not be

payable.

5.5 The Contractor shall produce necessary documentary evidence as may be

required/called for by Employer in respect of the taxes, duties & levies paid by the

Contractor.

5.6 The Contractor shall produce necessary documentary evidence regarding registration

with Sales Tax Authorities of the State of Orissa.

5.8 Tax Deduction at source

5.8.1 Works Contract Tax which Employer may be required to deduct by

law/statute/regulation shall be deducted all source and shall be paid to the Sales Tax

Authorities on account of the Contractor. Employer shall provide the Contractor

certificate for such deduction of tax.

5.8.2 Contract Price is inclusive of Income Tax payable as per Income Tax Act, 1961 and

amendments thereof, by the Contractor, which shall be borne and paid by the

Contractor. However, unless necessary certificates exempting him from deduction of

income tax at source are furnished by the Contractor to the Employer, income tax

deduction at source as applicable shall be made by the Employer from payments due

to the Contractor, as per statutory provisions, for which TDS certificate shall be

issued by the Employer to the Contractor.

5.9 The Contractor shall be solely responsible and liable for non-observance of any legal

formalities as per various statutory provisions.

5.10 Subject to stipulations of this Clause, all payments towards taxes, duties & levies as

applicable, shall be made in accordance with payment terms stipulated under the

Contract.

5.11 Base Date

Base date for the purpose of ascertaining statutory variation in taxes and duties shall be

as specified in SCC.

6.0 TERMS OF PAYMENT


6.1 Subject to deductions which the Employer is entitled to make under the Contract from

the payments due to the Contractor, the payments under the Contract will be made by

the Employer to the Contractor in terms of payment terms specified in SCC.

6.2 All payments shall be released directly by the Employer to the Contractor except as

otherwise provided in the Contract. If as per the provisions of the Contract or as per the

instruction of the Contractor, any payments are made directly by the Employer to the

Sub-Contractors, such payments shall constitute a proper discharge of Purchases

obligations for such payments for the Contractor.

6.3 Advance shall be paid only after submission of Bank Guarantee towards Security

Deposit. 6.4 Bank Guarantee for security deposit shall be submitted by the Contractor within fifteen

days from the effective date of contract. The Employer shall release the advance payment within 30 days from the acceptance of BG towards advance. Failure to submit the BG's in proper form within the time stipulated will not entitle the Contractor for seeking any change in effective date of contract.

6.5 BG for advance shall be progressively reduced in value on pro-rata basis after progress

of work at site only on approval by the Employer for which the Contractor shall submit the request letters with necessary evidence. Bank Guarantee for security deposit shall be kept valid till 60 days after issue of completion certificate for the entire work by the Employer.

6.6 All the Bank Guarantee shall be submitted by the Contractor issued through an Indian

nationalised bank / first class scheduled bank at Bhubaneswar and drawn in favour of

Neelachal Ispat Nigam Ltd. in the formats annexed.

6.7 All invoices shall be certified by the Employer / Consultant before release of any

payment by the Employer.

6.8 All payments to the Contractor shall be made by account payee cheques and all bank

charges shall be borne by the Contractor.

6.9 All the payments to be released to the Contractor shall be paid only against submission

of complete and correct invoices and documents by the Contractor duly certified by the

Employer/Consultant.

6.10 All progress payments made shall be regarded as payment by way of advance against

final payments only and not as payment for the work completed till the date of progress

payment. The progress payment made shall not exonerate the Contractor from liability

to finally complete / rectify the work strictly in accordance with the specification and

drawings, if required, by rectifying or re-erecting faulty work.

6.11 The Final Bill shall be submitted by the Contractor within two months from the date of

completion of work only after reconciliation of measurement of work, consumption of

Steel & other free issue items and accompanied by following documents after being

verified by Employer/Consultant:-

a) Completion certificate issued by Employer

b) No Claim certificate by the Contractor

c) Consumption statements of steel & other free issue items certified by Employer

/ Consultant.


d) A set of as-built drawings thereon additions or alterations (to be shown in RED)

made during the execution of the work

e) Recovery statement, if any

f) Statement for reconciliation of all the payments and recoveries made in the

progressive bills

g) Copies of deviations statement and order of extension of time, if granted

h) Inventory of various materials supplied in different units according to location

i) BG towards performance covering (defect liability period) by the Contractor

j) Test certificate

Payment against final bill shall be released in one month time subject to submission of

same, as well as submission of clear, correct & complete documents mentioned above.

7.0 DEDUCTIONS FROM CONTRACT PRICE

All costs, charges, damages or expenses which the Employer may have paid or

incurred, shall be reimbursed by the Contractor to the Employer, if and to the extent to

which the Contractor is liable under the Contract to pay, within 30 days upon written

request of the Employer, failing which such costs, charges, damages or expenses shall

be deducted by the Employer from any money due or becoming due by him to the

Contractor under the Contract or any other Contract, failing which, such amounts shall

be considered as debt due from the Contractor to the Employer and shall be recoverable

accordingly including but not limited to, by way of forfeiture of the security deposit /

Performance Bank Guarantee submitted by the Contractor under the Contract.

8.0 CONTRACT SPECIFICATION

The Technical Specification, General Specification, etc, referred to and included under

the Contract, shall also constitute "Contract Specification" of this Contract and shall form

an integral part of the Contract for all purposes.

9.0 SECURITY DEPOSIT / PERFORMANCE BANK GUARANTEE

9.1 The Contractor shall submit an unconditional irrevocable Bank Guarantee towards

security for the Contractor’s due Contract performance in the prescribed proforma for an

amount equivalent to 10% of total Contract price in favour of the Employer, within 15

days from the Effective Date of Contract.

9.2 The Bank Guarantee for the Security Deposit shall be from a Nationalised Indian bank,

first class Scheduled bank. In case the Bank Guarantee is submitted from a first class

foreign bank (not operating in India) it shall be counter-guaranteed by a first class

Scheduled bank operating in India.

9.3 The Security Deposit Bank Guarantee shall remain valid till the issuance of Completion

Certificate for the entire services / works under the scope (except scope under “Defect

Liability Period”) as stipulated under the Contract plus two months grace period. In case

the contractual completion time gets extended beyond original period, the Contractor

shall arrange for the extension of the Bank guarantee for such extended period upon

written request of the Employer.


9.4 No interest on the Security Deposit Bank Guarantee or depreciation thereof shall be

payable by the Employer.

9.5 The Bank Guarantee shall be for the time bound, due and faithful performance of the

Contract and shall remain binding notwithstanding such variations, alterations or

extensions of time as may be made, given, conceded or agreed to between the

Contractor and the Employer in terms of the Contract or otherwise. Without prejudice to

the Employer’s other rights under the Contract, the Security Deposit will be liable for

forfeiture by the Employer, if he deems it necessary and appropriate, at its discretion, in

the event of Contractor’s failure to discharge and/or be liable of any of his obligations

and responsibilities stipulated under the Contract.

9.6 Subject to stipulations of other provisions of the Contract, the Security Deposit Bank

Guarantee shall be released on application by the Contractor after expiry of its validity as

stipulated herein above and against submission of Bank Guarantee towards

Performance as stipulated herein below.

9.7 Should the extent of the Contract be altered during execution of the Contract in such a

way as to effect an increase or reduction of the Total Contract Price by more than 10%,

the amount the Bank Guarantee shall be increased or reduced correspondingly.

9.8 If the Contractor fails to duly perform and complete the work with due diligence or

expedition or if it appears to the Employer that the Contractor will fail to fulfill his

obligation under the Contract, the Employer reserves the right to terminate the Contract

and forfeit the Security Deposit or Bank Guarantee towards performance.

9.9 The Bank Guarantee for Performance for an amount equivalent to 10% of the total

Contract price shall be submitted by the Contractor as per agreed format and which shall

remain valid till issuance of Final Acceptance Certificate (FAC). The Bank Guarantee

shall be from a Nationalised Indian Bank / first class Scheduled Bank. If Bank Guarantee

is submitted from a first class foreign Bank it should be duly counter-guaranteed by a

first class Scheduled Bank operating in India.

9.10 The Bank Guarantee for performance shall be released on application by the Contractor

within 30 days of issuance of FAC and after the Contractor has discharged all his

obligations under the Contract.

9.11 All Bank Guarantees submitted as per above shall be operable at Bhubaneswar.

10.0 GENERAL OBLIGATIONS OF CONTRACTOR

Unless stated otherwise in SCC, the Contractor shall discharge the following

responsibilities at no extra cost to the Employer in addition to such other obligations

and responsibilities as have been specified elsewhere in this Contract, in order to

ensure that the Contract work is executed strictly in accordance with this Contract and

within stipulated time.

10.1 The Contractor shall be deemed to have been carefully examined all details relating to

work as given in the Contract and shall be deemed to have been fully acquainted himself

as to all conditions and matters which may in any way affect the work or the cost thereof.

The Contractor shall be deemed to have on his own and independently obtained all

necessary information for the purpose of execution of works and shall be deemed to


have taken into account all contingencies as may arise due to such information or lack of

the same.

10.2 The Contractor shall be deemed to have known the scope, nature and magnitude of the

work and the requirements of materials and labour involved etc. and as to all work that

he has to complete in accordance with the Contract, no matter whatever be the defects,

omissions or errors that may be found in the information / documents furnished by the

Employer.

10.3 The Contractor shall be deemed to have visited and examined the site where the

project/facilities are to be installed and its surroundings and obtained for itself on its

own responsibility all information including the procedure for engagement of agencies/

labour, that may be necessary for execution of works.

10.4 The Contractor shall be deemed to have carefully examined the site and surroundings, to

have satisfied himself about the nature and details of all existing structures, if any, and

also as to the nature and conditions of the railways, roads, bridges and culverts, means

of transport and communications, whether by land, water or air and as to possible

interruptions thereto and the access to and from the site, to have made independent

enquiries, examined and satisfied himself as to the sources for obtaining sand, stones,

bricks and all other construction materials, applicable royalties, the sites for disposal of

surplus earth and debris, the available accommodation, underground existing services,

sub-soil conditions, sub-soil water conditions, storms, prevailing winds, climatic conditions

and all other similar matters which may affect the work.

10.5 Minimum wages for Contract labour shall be paid as applicable in that region from time

to time. Claims and objections due to ignorance of site conditions shall not be

entertained by the Employer.

10.6 The Contractor shall be deemed to have acquainted himself with the Indian Income Tax

Act, 1961, Indian Companies Act, 1956, Indian Electricity Act, Electricity Rules, Factories

Act, Pollution Control Regulation and other Acts & Laws, rules and regulations as

applicable in execution of works and prevalent in India, respective State(s) and at Project

site and as amended from time to time. The Employer shall not entertain any request for

clarifications from the Contractor regarding such local conditions.

10.7 Any neglect or omission or failure on the part of the Contractor in obtaining necessary

and reliable information as stated above or on any other matter affecting the works shall

not relieve him from any risks or liabilities or the entire responsibility for completion of

the work in accordance with the Contract.

10.8 The Contractor shall also be deemed to have obtained all necessary information as to

risks, contingencies and other circumstances which may influence or affect the Works.

The Contractor shall be deemed to have inspected and examined the site, its

surroundings, the above data and other available information and to have been

satisfied, including (without limitation):

(a) the hydrological and climatic conditions,

(b) the extent and nature of the work and goods necessary for the execution and

completion of the Works and the remedying of any defects,

(c) the laws, procedures and labour practices, and


(d) the Contractor’s requirements for access, accommodation, facilities,

personnel, power, transport, water and other services.

It may be noted that all fabrication and erection work shall be carried out in the area

allotted to the Contractor as per Contract Specifications.

10.9 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 reasonable efforts to

prevent any road or bridge 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.

Except as otherwise stated in these Conditions:

(a) the Contractor shall (as between the Parties) be responsible for any

maintenance which may be required for his use of access routes;

(b) the Contractor shall provide all necessary signs or directions along access

routes, and shall obtain any permission which may be required from the

relevant authorities for his use of routes, signs and directions;

(c) the Employer shall not be responsible for any claims which may arise from

the use or otherwise of any access route;

(d) the Employer does not guarantee the suitability or availability of particular

access routes; and

Costs due to non-suitability or non-availability, for the use required by the Contractor, of

access routes shall be borne by the Contractor.

10.10 The Contractor shall take all reasonable steps to protect the environment (both on and

off the site) and to limit damage and nuisance to people and property resulting from

pollution, noise and other results of his operations.

10.11 The Contractor shall establish and maintain a well equipped laboratory at site for quick

testing of fabrication and erection materials, including aggregates, wood, steel welds etc.

Additionally they should tie up with Govt. recognized Laboratory at nearby vicinity i.e., JK

Road, Cuttack & Bhubaneswar, Rourkela.

However, the Contractor shall carryout the testing at Employer / Govt. approved lab

without and extra cost, if so desired by the Employer / Consultant in order to check &

verify the quality of works or any part thereof, executed under the Contract.

10.12 The Contractor shall do visual checking against physical damages to the steel structures

before start of erection. Damage if any, will be reported to the Employer / Consultant and

shall be rectified / replaced expeditiously, free of charge to Employer so as not to upset

the erection and commissioning schedule. Delay on account of settlement of insurance

claims by the Contractor shall not be considered an excuse for delay in completion.

10.13 The Contractor shall provide all necessary fabrication and erection tools & tackles,

compressors, small hand tools, instruments, welding equipment, service bolts, nuts, jigs

and fixtures, winches, alignment tools, precision levels etc. and the material handling

equipment and other equipment which may be required for carring out the fabrication

and erection work efficiently within the time schedule provided herein the Contract.


Unless otherwise specified, the above materials shall be the property of the Contractor.

However Employer’s prior permission shall be required for removal of these construction

materials from the site. The Contractor shall ensure that proper documentation is

followed at entry gate of Employer’s premises for such items which shall be carried back

by Contractor after completion of work.

10.14 The Contractor shall provide all temporary ladders, scaffolding materials, platforms,

supports and other necessary facilities required for handling, erection, testing and visual

inspection of supplies at the point of installation and shall also provide necessary

packing plates, wedges, shims, leveling screws etc. required for erection of structures.

10.15 The Contractor shall provide sufficient fencing, notice boards and lights to protect and

warn others as may be considered necessary by the Employer / Consultant. All

materials used for providing these facilities shall be properties of the Contractor.

10.16 The Contractor shall align, level and couple and securely fix all steel structures,

assembly / sub-assemblies in accordance with drawings and / or instructions.

All precision survey instruments including leveling instruments, theodolite etc. shall be

arranged by the Contractor.

10.17 The Contractor shall arrange all facilities at site and undertake all non-destructive tests

like ultrasonic / radiographic testing and stress relieving of butt welded joints as required.

10.18 The Contractor shall be responsible for the management of fabrication and erection work

with proper and adequate supervision for ensuring progress of fabrication and erection

work and quality of workmanship as per time schedule.

10.19 All necessary tests / checks shall be conducted during erection by the Contractor.

The Contractor shall attend to the rectification of erection defects, if any, expeditiously.

The Contractor shall arrange all testing instruments for such testing at site.

10.20 The Contractor shall carry out final painting of the steel structures erected as per the

instructions stipulated in the Contract Specification.

10.21 Grouting of the steel structures on the foundations with shrinkkomp / ferro-grout shall be

the responsibility of the Contractor. The grouting material shall be supplied by the

Contractor.

10.22 Provision and mobilisation of adequate number of all necessary tools, tackles, plant &

equipment, such as mobile cranes, fork lift , welding set, required tools, tackles,

facilities and other machineries including, handling & transportation of machineries.

10.23 The Contractor shall provide all fabrication and erection consumables/materials like

oxygen and acetylene gas, welding rods, solder legs, bolts, nuts, washer, shims, packs,

oil, grease, kerosene, cotton waste, etc. required for all temporary and permanent

works, (other than those which shall be supplied by the Employer as free issue items, if

any), transportation and appropriate storages of all materials including such sheds or

damp proof store, houses, as is considered necessary for the proper execution and

completion of the work to the satisfaction of the Employer.


10.24 The Contractor shall take all necessary precautions to avoid damage to any property of

the Employer or any other Contractor. The Contractor shall also ensure that the

progress of work of other Contractors in the adjoining areas is not hindered. Wherever

works are to be carried out in proximity or within existing facilities, Contractor shall

adopt special methodology of fabrication and erection suited to prevailing conditions.

He shall make necessary schemes in advance and take prior approval of the Employer

of the same.

10.25 The Contractor shall carry out necessary precision for survey to set out and check the

setting of all works, anchor bolts, etc. to required tolerances using the grid reference

points available in the plant site. The Contractor shall make and maintain proper bench

mark and reference points and check lines and levels periodically.

10.26 Materials brought to the site shall not be removed from the site without the written

consent of the Employer. Any material brought to site and rejected by the Employer

shall be removed by the Contractor from the site of work immediately at Contractor's

expense.

10.27 The Contractor shall provide sufficient strong and stable staging so as to ensure safety

of the labour.

10.28 The Contractor shall undertake development of site as warranted by the site condition.

The Contractor shall remove, debris, if any, and dump the same at places/place as

directed by the Employer.

10.29 Requirement of any special measures or techniques for fabrication and erection

including pre-assembly and mechanization etc. of structures shall deem to have been

taken into account by the Contractor to ensure progress and completion of work

according to time schedule. If required the Contractor shall work in 3 shifts per day

basis for meeting the completion target.

10.30 The Contractor shall be responsible for proper and neat storage and conservation of all

materials also. During storage of materials / steel structures, the Contractor shall take

into account deterioration and carry out the reconservation of all the materials / steel

structures as may be necessary. The Contractor shall also supply the consumables

required for such reconservation work and repair / replace parts required thereof for the

satisfactory completion of steel structural works. Procedure and instructions followed

for conservation / reconservation shall be furnished to the Purchaser / Consultant by

the Contractor for comments / reference.

10.31 The steel structures will be installed on the civil foundations to be constructed by the

Employer. If any deficiency is noticed in the dimensions, centerlines, levels, locations

etc. of the foundations or anchor bolts or other embedments, the same will be brought

to the notice of the Employer. The Employer shall make arrangement for rectification of

the same. However, modifications of minor defects and chipping / dressing of the

foundations with air or air & water jet prior to placing the steel structures will be carried

out by the Contractor at his cost. The basis and procedure for rectification of major

nature defects will be finalised mutually be the Contractor and Employer / Consultant.

10.32 Site Regulations and Safety


It shall be the responsibilities of the Contractor to observe and implement all site

regulations and safety codes as stipulated under the Contract and as notified by the

Employer from time to time to the Contractor.

11.0 LABOUR

11.1 Labour Rules

In respect of all labour directly or indirectly employed on the works by the Contractor, the

Contractor shall comply with and implement all the provisions of the Contract Labour

(Regulation and Abolition) Act 1970, or any amendment thereof, and all legislations and

rules of the State and/or Central Government or other local authority formed from time to

time governing the protection of health, sanitary arrangements, wages, welfare and

safety of labour employed on the works and the Contractor shall be deemed to be the

Principal Employer for this purpose. The rules and other statutory obligations with regard

to fair wages, welfare and safety measures, maintenance of register etc. will be deemed

to be part of the Contract. The Contractor will get himself registered with the concerned

statutory authorities as provided in the Act and shall be directly responsible to the

authorities thereunder for compliance with the provisions thereof.

11.2 Engaging Labour

As far as possible, Contractor shall engage skilled/semi-skilled/ un-skilled labour for the

project work, from the oustees list (available with Employer). The Contractor is

encouraged to engage local labour to the extent possible that has necessary skills. The

complete list of persons engaged by the Contractor shall be submitted to Employer for

keeping the record of their engagement with the Contractor. At the conclusion of the

work at the time of termination of the services of any person, the Contractor is required

to submit their performance report for the period engaged by the Contractor in the

construction activities.

11.3 The Contractor has also to maintain all records/ register/return/cards under the Orissa

Contract Labour (R&A) Rules 1975. Act such as

i. Register of workmen employed by Contractor (Form 9)

ii. Employment card (Form 10)

iii. Muster Roll (Form 12)

iv. Register of wages-cum muster roll (Form 13)

v. Wage slip (Form 15)

vi. Register of overtime (Form 19)

vii. Submission of Return (Form 20)

11.4 Provision of Minimum Wages Act and Payment of Wages

(i) The Contractor shall comply with the provisions of the Minimum Wages Act

1948, the Payment of Wages Act 1936 or any other rules made thereunder by

the Government of Orissa in respect of all employees employed by him or his

sub-contractor directly or indirectly for the purpose of carrying out the works. In

the event of retrenchment of workers by the Contractor or sub-contractors

employed by the Contractor during or after the completion of the work, the

retrenchment compensation and other benefits will be paid by the Contractor to

the workers as per the provisions of Industrial Dispute Act prevailing at that time.


(ii) If in compliance with the terms of the Contract, the Contractor supplied any

labour to be used wholly or partly under the direct orders and control of the

Employer whether in connection with any work being executed by the

Contractor or otherwise for the purpose of the Employer such labour shall, for

the purpose of this clause, still be deemed to be the persons employed by the

Contractor.

(iii) If any money shall, as a result of any claim or application made under the said

acts, be directed to be paid by the Employer, such money shall be deemed to

be money payable to the Employer by the Contractor and and/or failure by the

Contractor to repay the Employer, any money paid by the Employer as

aforesaid, within 7 days after the same shall have been demanded from the

Contractor, the Employer shall be entitled to recover the same from any

money due or accruing to the Contractor under this or any other Contract with

the Employer, failing which such amount shall be considered as debt due

from the Contractor to the Employer and the Employer shall be entitled to

recover the same in terms of the Contract.

(iv) The Contractor shall comply with the provisions of by-partite and tripartite

agreement entered into by the Employer from time to time with the Labour

Unions and/or the circulars issued by the Employer regarding payment of

minimum wages and benefits applicable.

11.5 Reporting of accidents to labour.

The Contractor shall be responsible for the safety of his and his sub-contractors'

workmen and employees. All accidents at site are to be immediately reported to the

required authorities. The Contractor shall be liable for all such accidents and shall make

arrangement to render all possible assistance and aid to the victims of the accident.

11.6 Provision of Workmen's Compensation Act

The Contractor shall be liable for in respect of any damages or compensation payable by

law in respect of or in consequence of any accident or injury to any workmen or other

person in the employment of the Contractor or any of his sub-contractors and the

Contractor shall save harmless and shall indemnify and keep indemnified the Employer

against all such damages and compensation and against all claims, demands,

proceedings, costs, charges and expenses, whatsoever, in respect thereof or in relation

thereto. The Contractor shall at all times indemnify and keep indemnified the Employer

against all claims for compensation under the provisions of the Workmen's

Compensation Act 1923 (VIII of 1923) or any other law for the time being in force by or in

respect of any workmen employed by the Contractor or his sub-contractors/agencies in

carrying out the Contract and against all costs and expenses or penalties incurred by the

Employer in connection therewith. In every case in which by virtue of the provisions of

Section-12, Sub-Section(1) of the Workmen's Compensation Act 1923, the Employer is

obliged to pay compensation to a workmen employed by the Contractor or his sub-

contractor/ agencies, the amount of compensation so paid and without prejudice to the

rights of the Employer under Section-12, Sub-Section (2) of the said Act, the Employer


shall be at liberty to recover such amount or any part thereof in terms of the Contract.

Employer shall not be bound to contest any claim made against him under Section-12,

Sub-Section (i) of the said Act, except on the written request of the same or his sub-

contractors/agencies and upon their giving to the Employer full security for all costs for

which the Employer might become liable in consequence of contesting such claims.

11.7 Labour Returns

The Contractor shall submit periodical statements of labour employed by him in the

proforma prescribed by the Employer.

11.8 Accommodation for Labour

Unless expressly specified and/or limited otherwise elsewhere in the Contract, the

Contractor shall, at his own expense, make adequate arrangements for housing,

electricity, road, supply of drinking water and provision of latrines and urinals for his staff

and labour, disposal of sewerage and sullage.

11.9 Provisions of Apprentices Act

The Contractor shall comply with the provisions of the Apprentices Act 1961, and the

rules and orders issued thereunder from time to time If he fails to do so, his failure may

be treated as breach of the Contract and the Employer may, at his discretion, terminate

the Contract. The Contractor shall also be liable for any pecuniary liability arising on

account of any violation by him of the provisions of the said Act.

11.10 Payment of Wages

11.10.1 The Contractor shall make regular and prompt payment of wages to the labourers

engaged in the work and in no case shall the payment be delayed more than seven

days following the period for which the wages are due. The Contractor shall send a

certificate to the Employer to this effect every month.

11.10.2 In case the Contractor fails to make payment of wages within the prescribed period or

make short payment, then the Employer as Principal Employer shall make payment of

wages in full or the unpaid balance due, as the case may be, to the Contract labour

employed by the Contractor and recover the amount so paid by the Employer in terms

of the Contract.

11.10.3 The Employer shall have the right to enquire into and decide against any complaint

alleging that the wages paid by the Contractor to any labourer for the work done by such

labourer is less than the wages paid for similar work in the neighbourhood.

11.11 Preservation of peace

The Contractor shall take requisite precautions and use his best endeavour to prevent

any riotous or unlawful behaviour by, or amongst his workmen and/or others employed

on the works by him or his sub-contractors and for the preservation of peace and

protection of the inhabitants and security of the property in the neighbourhood of the


works/site. In the event of the Employer requiring the maintenance of a special police

force at or in the vicinity of the site during the tenure of the Contract in consequence of

the riotous or unlawful behavior by, or amongst the Contractor's or his sub-contractors

workmen and/or others staff employed by him/them, all expenses thereof and costs of all

damages due to such riotous or unlawful behaviour shall be borne by the Contractor and

if paid by the Employer, shall be recoverable from the Contractor in terms of the

Contract.

11.12 Sanitary arrangements

The Contractor shall comply with all sanitary rules in force and carry out all sanitary

measures and permit inspection of all sanitary arrangements at all reasonable times by

the Employer.

11.13 Infectious diseases

The Contractor shall employ such persons as are found to be free of contagious

diseases and shall produce if required by the Employer, certificate of fitness of all his

employees working at site. The Contractor shall, if required by the Employer, subject to

all his employees to regular medical check up and produce satisfactory evidence of their

being free from any contagious disease.

The Contractor shall remove from his labour camp such labour and their families who

refuse protective inoculations and vaccination when called upon to do so by any

competent authority.

11.14 Medical facilities at site

The Contractor shall provide medical facilities at the site as per rules in force in relation

to the strength of the Contractor's staff and workmen deployed at site.

11.15 Age Limits of Labour

The Contractor shall not employ for the purpose of the work, any person below the

age as his statutorily forbidden. The Employer shall have the right to refuse to allow

any labour, whom he considers to be underage to be employed by the Contractor.

The Contractor shall submit periodical statements of labour employed by him to the

Employer.

11.16 Provident Fund (PF)

(i) Contractor has to provide PF Registration No. to Employer within 30 days of

issue of LOA. Non-submission may lead to suspension / cancellation of LOA.

(ii) The Contractor shall be solely responsible for deduction and contributions

under the Employees' Provident Fund and Family Pension Act, 1952 and the

scheme made thereunder as amended from time to time. He shall be solely

responsible for the maintenance of records for payment of contributions and

submission of returns in accordance with the said act and scheme.

(iii) Every Contractor shall within 15 days of the close of every months, submit to

the Employer a statement showing the recoveries of contribution in respect of

employees, employed by or through him after depositing the contribution of

employees and Employers with appropriate authority and also furnish to NINL


such information which are required to be furnished by NINL as principal

Employer to the concerned authorities.

The amount of contribution (Employer's contribution as well as employees

contribution in pursuance of any scheme and the Employer's contribution in

pursuance of insurance scheme) and any charges for meting the cost of

administering the fund paid/payable by the Employer in respect of an employee

by or through a Contractor will be recovered by the Employer from the

Contractor either by deduction from any amount payable to the Contractor

under any Contract or a debt payable by the Contractor.

Notwithstanding any Contract to the contrary, no Contractor shall be entitled to

deduct Employer's contribution or other administrative charges from the wages

payable to an employee employed by or through him.

(iv) In case the Contractor fails to make payments under the above act and the

hereunder and as amended from time to time, the Employer reserves the

right to make such payment on behalf of the Contractor on demand from the

authorities under the act and recover the same from the payments due to the

Contractor. Further, the Contractor shall indemnify and keep indemnified the

Employer against any loss or damage whatsoever that may be suffered by

the Employer as a result of any claims, damages, penalties for any failure,

non-compliance on his part with the provisions of the aforesaid act and the

scheme framed thereunder.

11.17 Observance by sub-contractors

The Contractor shall also be responsible for the observation of all the above clauses by

his sub-contractors.

12.0 WORK PERMIT, PASSPORT, SECURITY PASS ETC.

The Contractor shall be responsible for arranging and obtaining at his own cost & risk, if

required, the necessary work permits, passports, visas, police permits and expenses for

customs duty related to personal and other effects of any personnel employed or

engaged by him for work including labour, whether resident or non-resident of India.

Security pass can be obtained from police authorities at Duburi. The Employer will

recommend and assist in obtaining the passes. Contractor should not claim for delay in

case of delay in obtaining security passes. The Contractor will take responsibility of

obtaining Security passes. The permission/passes issued by the Employer as per their

security/safety provisions and procedures shall also come under purview of this Clause.

13.0 CONTRACTOR’S REPRESENTATIVE

(i) The Contractor shall depute/appoint a competent, appropriately qualified and

experienced person as Project Coordinator, in consultation/approval of the

Employer, to act and represent the Contractor in respect of discharge of

Contractor’s responsibilities and obligations under the Contract.

(ii) The Contractor’s Project Coordinator shall be vested with necessary powers,

which shall be evidenced by necessary Power of Attorney in favour of such

Project Co-ordinator of the Contractor and shall be competent to take all such

decisions on his behalf during currency of the Contract, as may be deemed


necessary in order to discharge Contractor’s responsibilities and obligations

in terms of the Contract.

(iii) All notices and instructions issued by the Employer to the Contractor’s

Project Coordinator in terms of the Contract shall be deemed to have been

issued to the Contractor and the Contractor/Project Coordinator shall be

under contractual obligation to comply with Employer’s all such notices and

instructions.

(iv) All personnel including experts deployed/deputed by the Contractor’s Project

Coordinator in respect of execution of works and services under the Contract

shall be deemed to have been deployed/deputed by the Contractor and the

Contractor shall be responsible and liable for the conduct/misconduct,

behavior, decisions, and negligence of such personnel/experts including

labour of the Contractor and his associates/sub-contractors. The Employer

reserves the right to ask the Contractor to withdraw any of his personnels

deployed in the project as per stipulations under the Contract.

14.0 SUB-CONTRACTS

14.1 The Contractor shall not sub-contract the Contract Work in whole or part thereof to third

parties for the performance of this Contract without written consent of the Employer /

Consultant.

14.2 Selection of any sub-contractor/sub-supplier by the Contractor, in respect of discharge of

his contractual responsibilities and obligations shall be subject to prior approval of the

Employer. However the Contractor shall alone be responsible and liable for discharge of

his obligations and responsibilities including that of his sub-contractor(s) and sub-

supplier(s) in terms of the Contract. The Contractor shall remain solely liable for any

action, deficiency, and/or negligence on the part of his sub-contractors, his agent, his

workmen as fully as if they were the acts, defaults or neglects of the Contractor.

14.3 The Contractor and/or his sub-contractor/sub-suppliers shall be under contractual

obligations to submit any such information/document including but not limited to

inspection / Test reports of materials to be incorporated and / or incorporated in the

works, to the Employer for his approval/review/perusal, which the Employer may

consider it deemed necessary in respect of discharge of contractual

obligations/responsibilities by the Contractor and/or his sub-contractor/sub-supplier.

14.4 The Contractor shall submit un-priced copies of purchase orders / work orders with

technical specifications included in all orders placed on sub-contractors, if requested by

the Employer.

14.5 In the event certain obligations extended by a sub-contractor to the Contractor should

extend beyond the guarantee period specified in the Contract, the Employer shall

automatically be entitled to the benefit thereof.

14.6 In no event shall the Employer be deemed to have any contractual obligations

whatsoever in respect of Contractor’s/ sub-contractors and/or title-holders of any sub-

orders placed by him.

15.0 DRAWING FOR FABRICATION OF STEEL STRUCTURES


15.1 The Contractor will be supplied with two copies of design drawings. Based on the design

drawings, the Contractor shall prepare general arrangement/marking drawings,

fabrication drawings, erection drawings, as-built drawings, bill of materials, shipping

documents and nut and bolt lists. Bill of materials shall for part of fabrication drawings

and shall be included in the body of the drawing or prepared separately. Two copies of

drawings and documents shall be submitted to the Employer / Consultant for their

scrutiny and approval. One set of the fabrication drawings will be returned to the

Contractor with a stamp signifying “Approved”, “Approved as noted” or “Not approved”

on the drawing. After the final approval by the Employer / Consultant the contractor

shall furnish to the Employer / Consultant within 2 weeks requisite number of copies of

the approved fabrication drawings, and erection drawings. The Contractor shall ensure

correctness & completeness of all drawings. All drawing work shall be in metric system

and all writing work shall be in English.

15.2 The Contractor shall ensure that fabrication drawings shall be prepared in such a

manner that structures are dispatched with maximum transportable lengths and work

involved at site is minimum. Steel work shall be shop-fitted and shop-assembled as far

as practicable.

15.3 Approval of fabrication and erection drawings: Employer’s /Consultant’s approval of

fabrication and erection drawings will only be accorded towards the general conformity

with the structural design drawings.

Despite approval of Employer / Consultant, the Contractor will not be relieved of his

responsibilities and obligations under the contract specification. The contractor shall

ensure correctness & completeness of fabrication drawings.

15.4 Supply and distribution of fabrication drawings and other documents like bolt list etc. for

the Contractor’s own use or for the use of his sub-contractor(s) shall be the

responsibility of the Contractor.

15.5 All works shall be executed by the Contractor in terms of the Contract and on the basis

of drawings and documents furnished/approved by the Employer and in accordance

with the instructions/guidelines issued by the Employer and/or its authorised

representative from time to time.

15.6 All drawings specifications, sketches, schedule of items / BOQ etc. furnished by the

Employer / Consultant shall be treated as strictly confidential property of the Employer

in terms of the Contract.

15.7 The Employer Shall have full powers and authority to supply to the Contractor from time

to time during the program of the works such further drawings and instructions, and / or

any modifications/alteration thereof, including written instructions as shall be necessary

for the purpose of the proper and adequate execution and maintenance of the works

and the Contractor shall carry out and be bound by the same.

15.8 The Contractor shall also furnish to the Employer 3 (Three) sets of all catalogs,

literatures, manuals etc. in respect of bought-out items incorporated in the works,

wherever applicable.

15.9 The Contractor himself shall not make any changes in the drawings/sketches,

specifications and schedule of items / BOQ issued/approved by the


Employer/Consultant. If any error or omission is detected, he shall promptly bring the

same to the notice of the Employer for clarification/ decision/ rectification. All

modifications shall be subject to the written approval of the Employer.

15.10 Errors and Omissions

(i) Notwithstanding with any approval or acceptance which the

Employer/Consultant may grant to Contractor, the Contractor shall be solely

responsible for any discrepancies, errors or omissions in the specifications,

drawings and other technical documents that it has prepared in terms of the

Contract.

(ii) The Contractor shall, within the Contract Price, take all corrective measures

arising out of discrepancies, errors and omissions in drawings and other

documents/information within the specified time schedule.

(iii) The Contractor shall also be responsible for any delay and/or extra cost, if any,

in carrying out engineering and site works by other agencies arising out of

discrepancies, errors and omissions stated above as well as of any late

revision/s of drawings and information submitted by the Contractor.

15.11 Standards and Codes

The Contractor shall execute the basic and detailed design and the engineering work

in compliance with the provisions of the Contract and Contract Specification, or where

not so specified, in accordance with latest appropriate Indian Standards and Codes.

Where appropriate Indian Standards and Codes are not available, appropriate latest

standards and codes of Country of Origin shall be used. Contractor shall however,

obtain Purchaser's prior approval before using such standards and codes of country of

origin.

16.0 INSURANCE

16.1 The Contractor, within the Contract price shall arrange, secure and maintain during

execution of the Contract, insurance as may be necessary or required by law for

purpose of this Contract and for all such amounts to protect the interest of the Employer

against all risks as detailed herein. The form and the limit of such insurance as defined

herein together with the under-writer thereof in each case shall be acceptable to the

Employer. However, irrespective of such acceptance, the responsibility to maintain

insurance at all times during the period of `Contract' shall be that of the Contractor

alone. All policies as stipulated shall remain valid during the tenure of the Contract. The

Contractor's failure in this regard shall not relieve him of any of his contractual

responsibilities and obligations.

16.2 The Contractor shall deposit copy of Insurance Policy/Policies along with copies of

Receipts for premium to the Employer within 14 days of mobilisation at site or such

other lesser time as is necessitated by the work, failing which the Employer shall have

the right to take out Insurance covers at Contractor' expenses and deduct the amount

of such premium paid/ to be paid from any money due or becoming due to the

Contractor, without prejudice to any other rights of the Employer.

The above insurance policies shall be kept valid during the tenure of the Contract.

Contractor shall also furnish to Employer any amendments thereto and prompt

notification of any cancellation or termination thereof.


The Contractor shall pay necessary premium as required under the terms of the policy.

Should the Contractor default in paying any premium when due, Employer, without

prejudice to other remedies set forth in this Agreement, shall be at liberty to pay such

premium and recover the same from the Contractor.

16.3 The Contractor shall arrange Transit Insurance (for transporting materials, under

Contractor’s scope of supply, to site), Workmen's Compensation Insurance,

Comprehensive Automobile Insurance and Comprehensive General liability Insurance,

which shall be at the cost and the responsibility of the Contractor.

16.4 The Contractor shall take suitable Group Personal Accident Insurance Cover for taking

care of injury, damage or any other risks in respect of his Engineering and other

Supervisory staff who are not covered under policies as stipulated above.

16.5 The Contractor shall take insurance policy from Branch office at Bhubaneswar / J.K.

Road of one or more Nationalised Indian Insurance Company(s).

16.6 Unless otherwise specified in SCC, all policies shall be in the Joint name of the

Employer alongwith the Contractor. sub-contractor’s of the Contractor shall not be

holders or beneficiaries in the policy nor shall they be named in the policy. Employer

reserves the exclusive right to assign the policy.

16.7 The Contractor shall also arrange suitable insurance to cover damage, loss, accidents,

risks etc., in respect of all his plant, equipments and machinery, erection tools & tackles

and all other temporary attachments brought by him at site to execute the work.

16.8 In all cases, the Contractor shall lodge the claims with the Underwriters and also get the

claims settled. However, the Contractor shall proceed with the repairs and/or

replacement of the works or part thereto as the case may be, in their scope without

waiting for the settlement of the claims. In case of seizure of any materials by concerned

authorities, the Contractor shall arrange prompt release against bond, security or cash

as required. Employer will extend all assistance to the Contractor in such a case.

16.9 All the insurance claims pertaining to their scope shall be processed by the Contractor

and the missing/damaged works shall be replaced / repaired by them without any extra

cost to the Employer and without affecting the completion time.

16.10 Workmen's Compensation Insurance

This insurance shall protect the Contractor against all claims applicable under the

Workmen's Compensation Act, 1948 (Government of India) as amended from time to

time. This policy shall also cover the Contractor against all claims for injury, disability,

disease or death of his or his sub- contractor's employees which for any reason are not

covered under the Workmen's Compensation Act, 1948. The liabilities shall not be less

than:

Workmen's compensation : As per statutory provisions.

Employees' Liability : As per statutory provisions.

16.11 Comprehensive Automobile Insurance

This insurance shall be in such a form to protect the Contractor against all claims for

injuries, disability, disease and death to members of public including the Employer's


men and damage to the property of others arising from the use of motor vehicles during

on or off the `site' operations, irrespective of the ownership of such vehicles.

The liability covered shall be as per statutory requirements unless otherwise stated in

SCC.

16.12 Comprehensive General Liability Insurance

This insurance shall protect the Contractor against all claims arising from injuries,

disabilities, disease or death of members of public or damage to property of others due

to any act or omission on the part of the Contractor, his agents, his employees, his

representatives and sub-contractors or from riots, strikes and civil commotion.

16.13 While carrying out the work at site, appropriate Insurance Policy shall be taken by the

Contractor to cover damage, loss, injury, accidents to lives and properties of

Contractor, Employer/ Third parties in the vicinity.

16.14 Notwithstanding all these Insurance Policies, the Contractor shall be solely liable and

responsible for any or all damages/losses /arising during the execution of the Contract

and the Employer shall not be held responsible on any account whatsoever.

16.15 Any such insurance requirements as are hereby established as the minimum policies

and coverages which Contractor must secure and keep in force. Contractor shall at all

times be free to obtain additional or increased coverages at Contractor's sole expense.

16.16 The provisions contained within this clause are not intended and do not impair or in any

manner limit the liabilities or obligations assumed by the Contractor as may be set forth

elsewhere in this Contract.

17.0 TYPE, QUALITY OF MATERIALS AND WORKMANSHIP

(i) The Contractor shall be deemed to have carefully examined and to have read

and understood the general and other conditions, specifications, schedules,

drawings, etc. forming part of the Contract and also to have satisfied himself as

to the nature and character of the work to be executed and the type of the

duties required including wherever necessary of the site conditions and

relevant matters and details. Any information thus had or otherwise obtained

from Employer shall not in any way relieve the Contractor from his

responsibility and contractual obligations for executing the work in terms of the

Contract. If the Contractor shall have any doubt as to the meaning of the

portion of the Contract, he shall before signing it set forth the particulars thereof

and submit to Employer in writing in order that such doubt may be removed.

(ii) All materials and workmanship shall be of the respective kinds as described in

the Contract and in accordance with the Employer's instructions and shall be

subjected from time to time to such tests as the Employer may direct at the

place of fabrication / manufacturing or on the site or at all or any of such

places. The Contractor shall furnish to the Employer test reports for any

materials on demand within 10 days to prove that the materials are as

specified.

(iii) Contractor shall supply samples of materials, before incorporation in the works

for testing as may be selected and required by the Employer.


(iv) All materials under scope of supply of the Contractor shall be of the best quality

and workmanship according to the latest engineering practice and shall be of

best quality considering strength and durability for their best performance. All

material shall be new. Substitution of specified material or variation from the

method of fabrication/construction may be permitted with the prior written

approval of the Employer/Consultant.

(v) The Contractor shall procure and/or fabricate all materials in accordance with all

requirements of Central and State enactments, rules and regulations governing

such work in India and at site. This shall not be construed as relieving the

Contractor from complying with any requirement of Employer as enumerated in

the Contract Specifications which may be more rigid than and not contrary to the

above mentioned rules, nor providing such construction as may be required by

the above mentioned rules and regulations. In case of variance of the Contract

Specification from the laws, ordinance, rules and regulations governing the

work, the Contractor shall immediately notify the same to the Employer. It is the

sole responsibility of the Contractor, however, to determine that such variance

exists. Wherever required by rules and regulations, the Contractor shall also

obtain the Statutory Authoritie’s approval.

(vi) In addition to specification described in Contract documents, all materials,

workmanship, inspections, sampling and testing and interpretation of test

results and their application shall be in accordance with the latest editions of

Indian standards specifications and/or codes of practice. Codes and standards

of other countries can be followed with the prior written approval of Employer,

provided materials, supplies & equipment according to the standard are equal

to or better than the corresponding standards specified in the Contract.

(vii) Brand names mentioned in the Contract documents, if any, are for the purpose

of establishing the type and quality of products to be used. The Contractor

shall not change the brand name and qualities of the bought-out items without

the prior written approval of the Employer/Consultant.

However, the Employer reserves the right to make any appropriate change

and/or replacement in the specified brand names of such product/goods at any

time prior to procurement of the same by the Contractor, if he (the Employer)

considers it appropriate and necessary to achieve the stipulated contractual

requirements and the Contractor shall be under his contractual obligations and

responsibilities to comply with such requests of the Employer and make

supplies accordingly within the stipulated Contract price.

All such products and equipment shall be used or installed in strict accordance

with original manufacturer's recommendations, unless otherwise directed by the

Employer/Consultant

18.0 INSPECTION & TESTS

18.1 Within the specified Contract price, the Contractor shall institute a quality assurance

system to demonstrate compliance with the requirements of the Contract. The system

shall cover all such Inspections/Tests and Quality Control checks and measures at

appropriate stages of execution of Contract, as specified in Contract/Technical


Specifications and/or under the Contract and/or any document referred to therein.

The Engineer shall be entitled to audit any aspect of the system.

Details of all procedures and compliance documents shall be submitted to the

Engineer for information before each execution stage is commenced. When any

document of a technical nature is issued to the Engineer, evidence of the prior

approval by the Contractor himself shall be apparent on the document itself.

Compliance with the quality assurance system shall not relieve the Contractor of any

of his duties, obligations or responsibilities under the Contract.

18.2 All materials and works whether at the site or in Contractor's/ sub-contractor's premises

shall be subject to inspection and test by Employer and/or its authorised

representative.

18.3 The Employer shall have the right for inspecting and testing the Contractor’s and/or its

sub-contractor(s) work or any part thereof, under the scope of the Contract, at any time

during execution or after the completion of work, and the Contractor on demand of the

Employer shall carry out such tests in appropriate manner in the presence of the

Employer’s authorised representatives. Should the Contractor himself not be in a

position to carry out the tests, he shall, on the Employer's demand prepare specimen

and sample and send them to such testing station / laboratories as the Employer may

specify.

18.4 The Employer shall have the right to be present during all tests carried out by the

Contractor. The Contractor on being requested so to act, shall present sufficient

documentary evidence that the material used will meet the specified requirement. If

called for, samples and specimen shall become the Employer's property. The

Contractor shall notify the Contract work in order that the inspection or tests can be

carried out as may be required to ascertain without prejudice to the Contractor's liability,

whether the materials and/or services are in conformity with the requirement of the

Contract. All inspection and tests shall be carried out as per the approved procedure

and in terms of stipulations of the Contract unless otherwise specified.

18.5 The Contractor shall submit to the Employer programme of inspection and tests with a

minimum of 7 days clear notice of any fabrication/erection work being ready for

inspection and tests specifying the period likely to be required for such inspection and

tests. Thereafter, the Employer or his inspector shall, unless inspection or test is

voluntarily waived, attend such inspection and test. Should the Employer fail to attend

such inspection and test, the Contractor may proceed with the inspection and test at his

option which shall be deemed to have been made in the Employer’s presence and shall

forthwith forward to the Employer copies of inspection/test certificates for acceptance by

the Employer.

18.6 In all cases whether at the site or in the premises of the Contractor or of any sub-

contractor, the Contractor shall unless, otherwise specified, shall provide free of charge

to the Employer such labour, materials, electricity, fuel, water, stores, apparatus and

instrument and/or facilities as may reasonably be deemed to carry out efficiently such

tests in accordance with the Contract and shall give all such facilities to the Employer or

his authorised representative to accomplish such tests.

18.7 The Employer upon giving notice in writing and stating the grounds of objection, shall

have the right to reject any or all work or material, or to demand rectification or

replacement thereof.


In case any inspection / tests fails, re-inspection/retest shall be carried out after

necessary rectification by the Contractor at his cost.

18.8 Unless expressly specified otherwise, the Contractor shall be liable for all costs involved

and incurred in conducting/arranging all such inspection/tests as specified in the

Contract and/or instructed by the Employer and/or its authorised representative including

preparation of samples and getting them tested either at site or at any other test

laboratories, in the manner as stipulated under the Contract. However, the Employer

shall be liable and responsible for all costs involved and/or incurred in deputing his

representative for witnessing all such inspection/tests.

18.9 Notwithstanding with any approval or acceptance which the Employer may grant to the

Contractor in respect of any of his and/or his sub-contractor’s materials / works

executed, the Contractor shall not be absolved of any of his contractual obligations and

responsibilities under the Contract and the Employer reserves the right to reject any of

the material/works as stipulated under the Contract.

19.0 FABRICATION AND ERECTION OF WORKS

19.1 Access to and Possession of site

19.1.1 Access to and possession of the site shall be accorded to the Contractor by the

Employer in reasonable time to start the Contract Work as per time schedule specified in

the Contract.

19.1.2 In the execution of the work, no person other than the Contractor, sub-contractor and his

or their employees shall be allowed on the site except with the written permission of the

Employer. Facilities to inspect the works at all times shall be accorded by the Contractor

to the Employer and his representatives and other authorised officials. The Employer’s

Personnel shall at all reasonable times:

(a) have full access to all parts of the site and fabrication yard etc., and

(b) during fabrication and erection work, be entitled to examine, inspect,

measure and test the materials and workmanship, and to check the progress

of the works.

The Contractor shall give the Employer’s Personnel full opportunity to carry out these

activities, including providing access, facilities, permissions and safety equipment.

19.1.3 The access to and possession of the site referred above shall not be exclusive to the

Contractor but only such as shall enable him to execute the works in accordance with

the Contract. Upon specific request of the Employer, the Contractor shall accord to the

Employer and to other Contractors of the Employer, reasonable facilities for the

execution of the work concurrently with his own.

19.2 The Contractor shall not interfere unnecessarily or improperly with:

(a) the convenience of the public, or

(b) the access to and use and occupation of all roads and footpaths, irrespective

of whether they are public or in the possession of the Employer or of others.


The Contractor shall indemnify and hold the Employer harmless against and from all

damages, losses and expenses (including legal fees and expenses) resulting from

any such unnecessary or improper interference.

19.3 Setting Out

Contractor shall be responsible for true and proper setting out of the works and for the

correctness of the position, levels, dimensions and alignment of all posts of the work

and for the provision of all necessary instruments, appliances and labour in connection

there with. Normally bench mark shall be provided at intersection of all main walls and

shop column axes. A master bench mark shall be established first from which all further

lines and levels shall be established. The checking of any setting out or of any line or

level by Employer / Consultant or his representatives shall not relieve the Contractor of

his responsibility for the correctness thereof Contractor shall carefully preserve all the

bench marks, site rails, pegs and other things used in setting out the works.

If, at any time during the progress of installation of the Facilities, any error shall

appear in the position, level or alignment of the Works, the Contractor shall forthwith

notify the Employer of such error and, at its own expense, immediately rectify such

error to the reasonable satisfaction of the Employer.

19.4 Contractor's Superintendence and Supervision

19.4.1 The Contractor shall provide all necessary superintendence during the execution of the

works and as long thereafter as the Employer may consider necessary for the proper

fulfillment of the Contractor's obligations under the Contract. The Contractor or one of

his competent authorised representative duly approved by the Employer is to be

constantly on the works and shall give his whole time to superintendence of the same.

If such approval is withdrawn by the Employer the Contractor shall as soon as is

practicable (having regard to the requirement of replacing him as hereinafter

mentioned) after receiving such withdrawal, remove the representative from the site

and shall not there after deploy him again on the site in any capacity and shall replace

him by another representative approved by the Employer. Such authorised

representative shall receive on behalf of the Contractor directions and instructions from

the Employer.

19.4.2 The Contractor shall, if required by the Employer, deliver to the Employer returns in

such form and at such intervals as the Employer may prescribe showing in detail the

supervisory staff and the numbers of the several classes of labour from time to time

deployed by the Contractor on site.

19.4.3 If, in the opinion of the Employer, due progress is not made with the work in accordance

with the Contract and/or the execution thereof becomes contrary to specifications,

and/or bad work is executed and/or bad materials are used or supplied by the

Contractor, and/or any directions given by the Employer are not properly complied with

or attached to, the Employer may, if he considers it necessary or proper for the due

execution of work in accordance with the Contract, issue written order for the

deployment of extra supervising staff to supervise the work. The expenses of such

deployment of extra supervising staff shall be borne by the Contractor.

19.5 Deployment of Labour at site


(a) The Contractor shall provide and deploy on the site of the construction of the

works, such skilled, semi-skilled and unskilled labour as is necessary for the

proper and timely execution of the Contract, in terms of the Contractor. The

Contractor is encouraged to use local labour of necessary skills as per

oustees list available with the Employer.

(b) The Contractor shall, in all dealings with its labour and the labour of its sub-

contractors currently deployed on or connected with the Contract, observe all

such statutory laws/regulations as stipulated under the Contract.

19.6 Contractor’s Equipment

19.6.1 All Contractor’s Equipment brought by the Contractor onto the site shall be recorded

at Employer’s gate / entry point and proof thereof shall be retained till removal of the

equipment from site. Such equipment shall be deemed to be intended to be used

exclusively for the execution of the Contract. The Contractor shall not remove the

same from the site without the Employer’s consent.

19.7 Opportunities for other Contractors

19.7.1 The Contractor shall, give all reasonable opportunities for carrying out the work to any

other Contractors employed by the Employer on or near the site.

19.7.3 The Contractor shall also so arrange to perform its work as to minimize, to the extent

possible, interference with the work of other contractors. The Employer shall

determine the resolution of any difference or conflict that may arise between the

Contractor and other contractors and the workers of the Employer in regard to their

work.

19.7.4 The Contractor shall notify the Employer promptly of any defects in the other

contractors’ work that come to its notice, and that could affect the Contractor’s work.

The Employer shall determine the corrective measures, if any, required to rectify the

situation after inspection of the works. Decisions made by the Employer shall be

binding on the Contractor.

19.7.5 The Contractor shall co-ordinate with other contractors agencies working in or about

the site or at the adjoining areas on works having direct or indirect connection with the

Contract work being executed by the Contractor under this Contract.

19.7.6 The Contractor shall interact with other contractors and agencies stated under above

and sequence various activities with the activities of other contractors in a manner

required for timely and sequential completion of the Contract work.

19.7.7 Co-ordination with other contractor’s / agencies or any disagreement or delay in

co-ordination or interruption in work shall not entitle the Contractor to any extra time or

cost.

19.8 Emergency Work

If, by reason of an emergency arising in connection with and during the execution of

the Contract, any protective or remedial work is necessary as a matter of urgency to

prevent damage to the works, the Contractor shall immediately carry out such work.

If the Contractor is unable or unwilling to do such work immediately, the Employer

may do or cause such work to be done as the Employer may determine is necessary


in order to prevent damage to the works. In such event the Employer shall, as soon

as practicable after the occurrence of any such emergency, notify the Contractor in

writing of such emergency, the work done and the reasons therefore. If the work done

or caused to be done by the Employer is work that the Contractor was liable to do at

its own expense under the Contract, the reasonable costs incurred by the Employer

in connection therewith shall be paid by the Contractor to the Employer.

19.9 Site Clearance

19.9.1 Site Clearance in Course of Performance: In the course of carrying out the

Contract, the Contractor shall keep the site reasonably free from all unnecessary

obstruction, store or remove any surplus materials, clear away any wreckage, rubbish

or temporary works from the site.

19.9.2 Clearance of site after Completion: Upon issuance of the Completion Certificate,

the Contractor shall clear away and remove, from that part of the site and Works to

which the completion Certificate refers, surplus material, wreckage, rubbish and

temporary works except for temporary site office / stores / godowns. The Contractor

shall leave that part of the site and the works in a clean and safe condition. However,

the Contractor may retain on site, during the Defect Liability Period, such goods as

are required for the Contractor to fulfill obligations under the Contract. The Contractor

shall remove Contractor’s equipment that are no longer required only with the prior

permission of the Employer or in case so instructed by the Employer.

19.9.3 Construction of temporary site office/site go-down required for Contractor or his sub-

contractor(s) shall be in Contractor’s scope. However, after completion of all

obligations, same would be handed over to the Employer with the materials or to be

demolished as per Employer’s instructions and in that case left out and reusable

materials will be handed over to Employer and such area shall be cleared and cleaned

properly by the Contractor.

19.10 Watching and Lighting

The Contractor shall provide and maintain at its own expense all lighting, fencing, and

watching when and where necessary for the proper execution and the protection of

the works, or for the safety of the owners and occupiers of adjacent property and for

the safety of the public.

19.11 Work at Night and on Holidays

19.11.1 Unless otherwise provided in the Contract, no work shall be carried out during the

night and on national holidays without prior written consent of the Employer, except

where work is necessary or required to ensure safety of the works or for the

protection of life, or to prevent loss or damage to property.

19.11.2 Notwithstanding with the above stipulations, if and when the Contractor considers it

necessary to carry out work at night or on public holidays so as to meet the time for

completion and requests the Employer’s consent thereto, the Employer shall not

unreasonably withhold such consent.

20.0 APPROVAL BY THE EMPLOYER


20.1 Without prejudice to Employer’s other rights and remedies stipulated under the

Contract, the Contractor’s following works shall be subject to approval by the Employer

/ Consultant.

(i) The men, material and machinery proposed to be mobilised by the Contractor.

(ii) All changes from the agreed specifications/ drawings.

(iii) Design, type, quality, quantity, materials and workmanship of any or all items of

supplies, work and services under Contractor’s scope to ensure that supplies,

work and services made/executed/ performed by the Contractor are in

accordance with the provisions of this Contract.

(iv) Where approval of the Employer is necessary or implied but is not specifically

provided for elsewhere in this Contract.

20.2 No certificate other than the Final Acceptance Certificate referred to under “Defect

Liability Period" hereof shall be deemed to constitute approval of any works other than

matter in respect of which it is issued or shall be taken as admission of the due

performance of the Contract or any part thereof, the accuracy of any claim or demand

made by the Contractor or of additional or varied work having been ordered by the

Employer nor shall any other certificate conclude or prejudice any of the powers of the

Employer.

20.3 Notwithstanding with any approval or acceptance which the Employer may grant to the

Contractor under the Contract, the Contractor shall be solely and wholly responsible

and liable for the execution and performance in terms of the Contract and the Employer

reserves the right to reject, any of works/material performed and/or supplied by the

Contractor under the Contract.

21.0 EMPLOYER'S AUTHORITY

21.1 Employer shall be the sole communicating authority and all correspondence under this

Contract to the Employer shall be addressed to the Engineer by the Contractor.

21.2 Employer, besides issuing necessary drawings, sketches, specifications, instructions,

clarifications, etc. to the Contractor in terms of the Contract for execution of the works,

may also record instructions in site order book where called for, for compliance by the

Contractor.

21.3 Without prejudice to his other rights stipulated under the Contract, Employer shall have

the authority including but not limited to followings:

(i) To make any modifications alteration to the drawings/ sketches already

supplied to the Contractor.

(ii) To increase/decrease the quantum of work specified in the schedule of items /

BOQ or to omit items of works and/or to order substitutions.

(iii) To reject materials/workmanship not conforming to instructions/ specifications/

drawings and to order for removal of rejected materials or pull down/ dismantle

defective works.


(iv) To give notice to the Contractor if any deficiency is found with regard to

adherence to accepted programme or sequence of work or delay in

procurement of material and labour or negligence on the part of the Contractor

or his authorised agent.

(v) To alter already agreed programme or sequence of work if found necessary at

a later date due to design and other stipulations in the tender even if it leads to

interruption to any one or more types of work.

22.0 REJECTION

22.1 Notwithstanding with any approval/acceptance which the Employer may grant to the

Contractor, in respect of any of Contractor’s works or any part thereof including materials

under the scope or any other services for its quality & quality adequacy and

workmanship which the Contractor has discharged or provided in terms of the Contract,

the Contractor shall not be relieved in any way of any of his contractual obligations

and/or responsibilities to execute and complete the works in conformance to the

Contract.

22.2 The Employer reserves the right to reject, Contractor’s any goods/work delivered and/or

executed under the Contract, any time during currency of the Contract if the same is

found to be not in conformity with terms of the Contract.

22.3 If the Contract work or any portion thereof, before it is accepted or taken over by the

Employer, is found to be defective or not being in conformity with Contract/technical

specifications or fails to fulfill the requirements of the Contract, the Employer shall give

the Contractor notice setting forth particulars of such defects or failure and the

Contractor shall forthwith make good the defects or alter the same to make it comply

with the requirements of the Contract. Should he fail to do so within a reasonable time,

the Employer may reject and replace at the risk and cost of the Contractor, the whole or

any portion of the work as the case may be, which is defective or not in conformity with

Contract / technical specifications or fails to fulfill the requirements of the Contract.

However, such rejection/ replacement by the Employer shall not absolve the Contractor

of his responsibilities under this Contract.

22.4 Any materials, etc. brought to site and found to be not in accordance with the Contract,

shall be rejected by the Employer and the Contractor shall remove the materials from

site within the period specified by the Employer. Should the Contractor fail to do, the

Employer may remove the same at the risk and cost of the Contractor.

22.5 The Contractor shall not be entitled to any extension of time or extra cost for fulfilling his

obligations stipulated herein above.

23.0 RESPONSIBILITY FOR PERFORMANCE OF CONTRACT

The Contractor shall be responsible for the due and faithful performance of the Contract

in all respects. Any approval, which the Employer / Consultant may have given in the

course of execution of work, shall not relieve the Contractor from his obligations and

notwithstanding any approval or acceptance given by the Employer / Consultant, it shall

be lawful for the Employer to reject their services, if it is found that the services / work,

rendered / work done by the Contractor are not in conformity with the Contract in all

respects.


24.0 COMPLETION CERTIFICATE

24.1 Within 10 days (Ten) of the completion of the work, the Contractor shall give notice of

such completion of works and fulfillment of Contractor’s all obligations (except as

stipulated under “Defect Liability Period”) in respect of such work, to the Employer.

24.2 Upon receipt of such notice of completion of works, the Employer shall carry out all

such inspections/checks/tests that are necessary to satisfy him:

(i) that the executed ‘works’ is in conformity with the Contract / Technical

Specifications, design / drawings / sketches and modification(s) issued thereof,

if any and as per written instructions issued to the Contractor from time to time

during execution of works.

(ii) that all the materials used and/or incorporated in the works meets the

stipulated quality requirement and are in accordance with the Contract and / or

the documents referred to therein.

(iii) that the Contractor has fulfilled all his obligations under the Contract, except

obligations stipulated under “Defect Liability Period”, in respect of such notified

completed works.

Without prejudice to Employer’s other rights under the Contract, Completion Certificate

in respect of such notified works, if satisfied about completion of works in terms of the

Contract, shall be issued by the Employer.

24.3 At the option of the Employer, a provisional certificate of completion may be issued

indicating defects to be rectified by the Contractor subject to the condition that the

Contractor submits a written undertaking to finish any outstanding works during the

period of defect liability. The defect liability period in respect of the said works shall

commence from the date of issue of such certificate. Completion certificate shall be

issued after rectification of all defects to the satisfaction of Employer/ Consultant.

24.4 At the option of the Employer, and on written application of Contractor, a certificate with

respect to any part work may be issued before completion of the whole work if the part

work has been completed to the satisfaction of the Employer. When such certificate is

issued, such part of work shall be considered as completed and defect liability period

for such part shall commence from the date of issue of such certificate, provided that

issue of such a certificate shall not be deemed to certify completion of any work or part

there of which requires repair / replacement.

24.5 No completion certificate shall be issued nor shall the work be considered to be

complete until the Contractor has removed from the site all scaffolding, surplus

materials, rubbish, etc. and all temporary works and cleaned off the dirt from wood

work, doors, windows, walls, floors, or other parts of the work.

24.6 All guarantee and test certificates obtained by the Contractor and his sub-contractors in

respect of materials used and works executed during execution of works shall be

handed over and transferred to the Employer before issuance of completion certificate

by the Employer.


25.0 DEFECT LIABILITY PERIOD

25.1 Defect Liability Period of 12 (twelve) months shall commence from the date of issue of

completion certificate in accordance with Contract or in the event of more than one

certificate(s) having been issued by the Employer under the Contract, from the

respective dates so certified.

25.2 The Contractor Guarantees that within above stipulated Defect Liability Period, the

Contract work(s) including material(s) (under Contractor’s scope of supplies, if any)

shall not show any signs of defects, errors, cracks, disfigurations, bends, leakages or

any other faults.

25.3 The Contractor shall maintain and satisfactorily execute at his own cost all such works

of repair, amendment, rectification, replacement and any other work to make good the

faulty work during above stipulated defect liability period.

25.4 The Contractor shall, if required by the Employer, search for the causes of any defects,

imperfection or fault under the direction of the Employer. The cost of such work shall be

borne by the Contractor.

25.5 At intervals specified by the Employer / Consultant, the Contractor alongwith the

Employer shall inspect the Contract work to satisfy him that no defects have cropped up

in the Contract work. Should there be any signs of defects; the Contractor shall take

immediate steps to rectify the same.

25.6 At the end of the defect liability period, the Contractor alongwith the Employer /

Consultant shall carry out final inspection of the Contract work to prove that no defects

had appeared in the Contract work or that all defects which appeared in the Contract

work have been rectified to the satisfaction of the Employer. If during the final

inspection it is found that the defects still remain in the Contract work, the period of

defect liability shall be extended at the discretion of the Employer and the Contractor

shall be liable to make good the defects and be responsible for the maintenance of the

work till the defect have been fully removed.

25.7 Until the end of the period, the Contractor shall have the right of entry at his own risk

and expense, by himself or his duly authorised representative whose name shall

previously have been communicated in writing to the Employer at all reasonable

working hours, upon all necessary parts of the works for the purpose of inspection and

taking notes therefrom and, if he desires, at his own expense, making any tests subject

to the approval of the Employer.

25.8 To the intent that the works shall, after expiration of defect liability period, be handed

over to the Employer in perfect condition to the satisfaction of the Employer, all such

repair works as stated herein above shall be carried out by the Contractor at his own

expense, if the necessity thereof shall in the opinion of the Employer be due to the use

of materials or workmanship not in accordance with the Contract or failure on the part of

the Contractor to comply with any obligations expressed or implied on Contractor’s part

under the Contract.

25.9 If the Contractor fails to commence rectification of such defects within 14 days from the

date of Notice by the Employer or does not complete the said rectification with diligence

and within mutually agreed time period, the Employer shall be entitled to carryout such


work by his own workmen or by other Contractors and the Employer shall be entitled to

recover from the cost thereof or may deduct the same from any money due or that

become due to the Contractor under the Contract.

25.10 Upon successful completion of defect liability period for the entire work under the

contract, irrespective of the number of Completion Certificate issued, the Employer

shall issue Final Acceptance Certificate for the entire work to the Contractor after joint

inspection by Employer / Consultant and Contractor.

26.0 PASSAGE OF PROPERTY AND RISK

26.1 Without prejudice to Employer’s other rights as stipulated under Clauses “Insurance”,

“Defect Liability Period” and “Employer’s Lien of” the Contract, the property and risk of

the Contract work shall pass on to the Employer upon issuance of Final Acceptance

Certificate under the Contract.

26.2 This Clause shall not in any way adversely affect or derogate against the Contractor's

obligations to provide to the Employer, Contract work completed in all respects.

27.0 EMPLOYER’S LIEN

The Employer shall have a lien on and over all materials of every description, tools,

tackles, plant, equipment or any money due and/or that may become due and payable

to the Contractor either under this Contract or any other Contract and /or also on and

over deposits including the security amount or amounts made under this Contract

and/or any other Contract and which may become repayable to the Contractor under

the conditions in that behalf herein or therein contained, for or in respect of any debt or

sum that may become due and payable to the Employer by the Contractor either alone

or jointly with another and either under this Contract or under any other Contract/s or

transaction/ of any nature and whatsoever between the Employer and the Contractor.

28.0 MATERIALS NOT INCORPORATED IN WORKS

28.1 Wherein any certificate, of which the Contractor has received payment, the Employer

has included the value of any unfixed/unused material(s) intended for incorporation in

the works, such materials shall become the property of the Employer and they shall not

be removed except for the use upon the works, without the written authority of

Employer. However, the Contractor shall remain responsible and liable for custody of

the same and any loss or damage till the Final Acceptance Certificate is issued by the

Employer under the Contract.

28.2 The Contractor shall be solely responsible and liable for proper accounting and

reconciliation of all items/materials issued by the Employer to the Contractor under the

Contract, after completion of works. Unless otherwise stated elsewhere, the Employer

shall make deductions in terms of the Contract from any payment and/or money due or

becoming due to the Contractor under the Contract and/or any other Contract, for all

such items/materials which are not properly and reasonably accounted for to the

satisfaction of the Employer by the Contractor.

29.0 MISUSE OF THE WORKS


29.1 The Contractor shall ensure that the works or any portion of the work completed or

partially completed are not misused by him or his sub-contractors or their employees,

workmen, agents, servants etc. leading to deterioration/ temporary deterioration of the

work.

29.2 The Contractor may however be permitted by the Employer to use the work or a portion

of the work completed or partially completed for such purposes as may be approved by

the Employer.

30.0 PROTECTIVE PAINTING

The General Specification for painting and colour code etc shall be followed by the

Contractor for painting of equipment, steel structures etc.

31.0 POSSESSION PRIOR TO COMPLETION

The Employer shall have the right to take possession or use any completed or

partially completed work. Such possession or use shall not be deemed to be an

acceptance of any work done in accordance with the Contract. However, any damage

to such work solely due to such provision or use shall be to the Employer’s account.

32.0 LIQUIDATION, DEATH, BANKRUPTCY ETC.

If the Contractor dies, dissolves or becomes bankrupt or insolvent or causes or suffers

any Receiver to be appointed on his business or any assets thereof with his Creditors, or

being a corporation commence to be wound up, not being a member's voluntary winding

up for the purpose of amalgamation or reconstruction, or carry on its business under a

Receiver for the benefits of its Creditors or any of them, the Employer shall be at liberty:

(a) to terminate the Contract forthwith upon coming to know of the happening of

any such event as aforesaid by notice in writing to the Contractor or to the

Receiver or Liquidator or to any person in whom the Contract may become

vested to, or

(b) to give such Receiver, Liquidator or other person the option of carrying out the

Contract subject to his providing a guarantee upto an amount to be agreed for

the due and faithful performance of the Contract.

33.0 SECRECY, TITLES

33.1 The copyright in respect of all drawings, documents and other materials containing

data and any other information, if any, furnished to the Employer by the Contractor in

respect of his performance of the Contract herein shall pass to the Employer, if they

are either furnished to the Employer directly or through the Contractor by any third

party, including suppliers of materials. The Employer shall have the right to use these,

without limitation, for construction and/or expansion of the works. However, the title to

such information/documents, as stipulated herein above, shall remain vested with the

Contractor and his respective sub-contractor(s).

33.2 Titles of all maps, plans, drawings, specifications, schemes and the subject matter

contained therein and all other information given to the Contractor by the Employer in

connection with the performance of the Contract Work shall remain vested with the


Employer and shall be held confidential by the Contractor. Notwithstanding the above,

the Contractor may furnish to its sub-contractor(s) such documents, data and other

information it receives from the Employer to the extent required for the sub-

contractor(s) to perform its work under the Contract, in which event the Contractor

shall obtain from such sub-contractor(s) an undertaking of confidentiality similar to

that imposed on the Contractor under this Clause.

33.3 Subject to stipulations of Clauses as per above, the Employer and the Contractor

shall keep confidential and shall not, without the written consent of the other party

hereto, divulge to any third party or take out of the country any documents, data or

other information furnished directly or indirectly by the other party in connection with

the Contract, whether such information has been furnished prior to, during or

following termination of the Contract.

33.4 The obligation of a party under this Clause, however, shall not apply to that

information,

(a) which at the time of disclosure are in the public domain or which later on

become part of public domain through no fault of the party concerned, or

(b) which were in the possession of the party concerned prior to disclosure to him

by the other party, and which was not previously obtained, directly or

indirectly, from the other party hereto

(c) which otherwise lawfully becomes available to that party from a third party

that has no obligation of confidentiality.

33.5 The provisions of this Clause shall not in any way modify any undertaking of

confidentiality given by either of the parties hereto prior to the date of the Contract in

respect of the works or any part thereof.

33.6 The provisions of this Clause shall survive termination, for whatever reason, of the

Contract.

34.0 NEGLIGENCE, DEFAULT & RISK PURCHASE

34.1 If the Contractor shall neglect to execute work with due diligence or expedition or shall

refuse or neglect to comply with any reasonable order given to him in writing by the

Employer in connection with the work or shall contravene the provisions of Contract, the

Employer may give notice in writing to the Contractor calling upon him to make good the

failure, neglect or contravention complained of within such time as may be deemed

reasonable by the Employer and in default of compliance with the said notice, the

Employer without prejudice to his other stipulated rights under the Contract hereto, may

rescind or terminate the Contract holding the Contractor fully liable for the damages that

the Employer may sustain. In addition, the Contractor shall refund all amounts paid to

him by the Employer for all such work, which may become infructuous due to such

termination.

34.2 Should the Contractor fail to comply with such notice within the period as mentioned in

the notice or any other period considered reasonable by the Employer for such

compliance, from the date of serving thereof, then and in such case, without prejudice to

the Employer's other rights under the Contract, the Employer shall have at his option the

right to take the affected work wholly or in part out of the Contractor's scope and may

complete the work, as envisaged in the Contract either departmentally or by awarding


fresh Contract(s) at a reasonable price to any other persons or firm or company to

execute the same, at the risk and cost of the Contractor.

34.3 In such event the Employer shall, without being responsible to the Contractor for fair

wear and tear to the same, be entitled to seize and take possession and have free use

of all materials, fabrication and erection equipment, tools, tackles and other things of the

Contractor which may be on the site for use at anytime in connection with the work to the

exclusion of any right of the Contractor over the same and the Employer shall be entitled

to retain and apply any sum which may otherwise be then due as per the Contract or

any other Contract from him to the Contractor as may be necessary for the payment of

the cost of execution of such work as aforesaid.

34.4 If the cost of executing the work as aforesaid shall exceed the sum due to the Contractor

and the Contractor fails to make good the deficit, the said materials, tools, tackles,

fabrication and erection equipment or other things and properties of the Contractor as

may not have been used up in the completion of the work, may be sold by the Employer

and proceeds applied towards the payment of such difference and the cost of and

incidental to such sale. Any outstanding balance existing after crediting the proceeds of

such sale shall be paid by the Contractor on the demand of the Employer, but when all

expenses, cost and charges incurred in the completion of the work are paid by the

Contractor, all such materials, tools, tackle, fabrication and erection equipment or other

things not used in the completion of the work and remaining unsold shall be removed by

the Contractor with the written permission of the Employer only.

35.0 INDEMNITY

35.1 The Contractor shall at all times indemnify and keep indemnified the Employer against

all claims which may be made against the Employer in respect of any infringement of

any rights protected by patent registration of design of trade mark. In this connection,

the Employer shall pass on all claims made against him to the Contractor for

settlement.

35.2 Notwithstanding all reasonable and proper precautions being taken by the Contractor

at all times during the performance of the Contract work, the Contractor shall remain

wholly responsible for all damages, whether to the Contract work executed by him or to

any other Employer's property or to the lives, persons or property of others during the

progress of the Contract work and the period of maintenance there of and shall

indemnify, defend and hold harmless the Employer, Engineer or their employees

against all claims, loss, demands, proceedings, charges and expanses, liability for

personal injury (including death), and/or damage omission or default by the Contractor,

his sub-contract agents, servants or employees and arising out of or connected with the

performance of this agreement.

35.3 The Contractor assumes responsibility for and shall indemnify and save harmless the

Employer or their Employees from all liability, claims, costs, expenses, royalties, taxes

and assessments including penalties, punitive damages, attorney's fees and court costs

which are or may be required with respect to any breach of the Contractor's obligations

under the Contract or for which the Contractor has assumed responsibilities under the

Contract including those imposed under any Contract local or national law or laws, or in

respect to all salaries, wages or other compensation or all persons deployed by the

Contractor or his sub-contractors or suppliers in connection with the performance of any

work covered by the Contract. The Contractor shall execute, deliver and shall cause his


sub-contractor and suppliers to execute and deliver, such other further instruments as

required to comply with all the requirements of such laws and regulation as may be

necessary thereunder to conform and effect the terms of the Contract and to protect the

Employer, the Engineer, or their employees during the tenure of the Contract.

35.4 Nothing contained in sub - clauses above shall be deemed to render the Contractor

liable for in respect of or to indemnify the Employer against any compensation or

damages for or with respect to:-

a) The permanent use or occupation of land by the works or any part thereof or

surface or other damage caused by the Contract works in the normal course.

b) The rights of the Employer to fabricate and erect the works or any parts thereof

over, under in or through any land.

c) Interference whether temporary or permanent with any right of light, air way,

water or other easement or quasi easement which is the unavoidable result of

the fabrication and erection of the works in accordance with the Contract.

d) Injuries or damage to Persons or Property resulting from any act or neglect

done or committed during the currency of the Contract by the Employer, his

agents, servants or other contractors (not being employed by the Contractor) or

in respect of any claims, demands, proceedings, costs, charges and

expenses in respect thereof or in relation thereto. Provided further that for this

clause the expression “the land" shall be deemed to be limited to the area

defined in the specification or shown on the drawings in which land, crops,

trees, structures will be disturbed or damaged as an inevitable consequence of

carrying out of the works.

35.5 The Contractor shall be responsible for proper fencing, lighting, guarding and watching

of all works at site until they are taken over and further proper provisions for like period

of temporary power, drainage, roadways footways, guards and fences as far as may be

rendered necessary by reason of works for accommodation and protection of the

Employer's and occupier's adjacent property, the public and others. No naked light shall

be used by the Contractor on the site otherwise than in the open air without the special

permission in writing from the Employer.

35.6 The Employer shall not be held responsible for any accident or damages incurred or

claims arising there from during the period of execution of Contract under the

responsibility of the Contractor in so far as the latter is responsible. However, the

Contractor shall be liable for such accidents as may be due to negligence on his part to

carry out work in accordance with Indian laws and regulations.

36.0 SUSPENSION

36.1 The Employer may suspend the work in whole or in part at any time by giving Contractor

notice in writing to such effect stating the nature, the date and the anticipated duration of

such suspension.

36.2 On receiving the notice of suspension under this clause, the Contractor shall stop all

such work, which the Employer has directed to be suspended with immediate effect.

The Contractor shall continue to perform other work in terms of the Contract, which the

Employer has not suspended.


36.3 The Employer may at anytime cancel the suspension notice for all or any part of

suspended work by giving written notice to the Contractor specifying the part of work to

be resumed and the effective date of suspension withdrawal. The Contractor shall

resume the suspended work as expeditiously as possible after receipt of such

withdrawal of suspension notice.

36.4 Suspension of work under this Clause by the Employer will not be for more than ninety

(90) days continuously and the total number of suspension will not be more than seven

(7) times during contractual completion period. In the event of suspension of work for

more than 15 days by the Employer for no fault of the Contractor, completion time shall

be extended by the Employer.

36.5 In the event of suspension of any work or any part thereof by the Employer for a

continuous period of more than ninety (90) days, then at any time thereafter and

provided that at that time such performance is still under suspension, the Contractor

may give a notice to the Employer requiring that the Employer shall, within thirty (30)

days of receipt of the notice, order the resumption of such performance or request

and subsequently order a change in scope in accordance with the terms of the

Contract excluding the performance of the suspended obligations from the Contract.

If the Employer fails to do so within such period, the Contractor and the Employer

shall mutually discuss further course of action.

37.0 TERMINATION

37.1 The Employer, without prejudice to any other rights or remedies it may possess, may

terminate, at his discretion, the Contract forthwith in the following circumstances by

giving a notice of termination and its reasons therefore to the Contractor, referring to

this clause :

(a) for any reason at his convenience by giving the Contractor a notice of

termination;

(b) if the Contractor becomes bankrupt or insolvent, has a receiving order issued

against it, compounds with its creditors, or, if the Contractor is a corporation,

a resolution is passed or order is made for its winding up (other than a

voluntary liquidation for the purposes of amalgamation or reconstruction), a

receiver is appointed over any part of its undertaking or assets, or if the

Contractor takes or suffers any other analogous action in consequence of

debt

(c) if the Contractor assigns or transfers the Contract or any right or interest

therein in violation of the provisions of the Contract.

(d) If the Contractor

(i) has abandoned or repudiated the Contract either in full or part,

(ii) persistently fails to execute the Contract in accordance with the

Contract or persistently neglects to carry out its obligations under the

Contract without just cause,

(iii) refuses or is unable to provide sufficient materials, services or labor

to execute and complete the work in the manner specified in the


Contract and / or agreed by the Contractor at rates of progress that

give reasonable assurance to the Employer that the Contractor can

not attain Completion of the work under his scope in terms of the

Contract and/or when the maximum of liquidated damages is

reached its stipulated limit in terms of the Contract.

then the Employer may, without prejudice to any other rights it may possess

under the Contract, give a notice to the Contractor stating the nature of the

default and requiring the Contractor to remedy the same. If the Contractor

fails to take remedial steps within fourteen (14) days of its receipt of such

notice, then the Employer may terminate the Contract forthwith by giving a

notice of termination to the Contractor that refers to this Clause.

37.2 Upon receipt of the notice of termination under the Contract, the Contractor shall,

either immediately or upon such date as is specified in the notice of termination,

(a) cease all further work, except for such work as the Employer may specify in

the notice of termination for the sole purpose of protecting that part of the

plant/equipment/work already executed, or any work required to leave the site

in a clean and safe condition, and

(b) terminate all sub-contracts, except those to be assigned to the Employer

pursuant to paragraph (d) below, and

(c) deliver to the Employer the parts of the plant/equipment/work executed by the

Contractor up to the date of termination, and

(d) to the extent legally possible, assign to the Employer all right, title and benefit

of the Contractor to the work and to the plant and equipment as of the date of

termination, and, as may be required by the Employer, in any sub-contracts

concluded between the Contractor and its sub-contractors, and

(e) deliver to the Employer all drawings, specifications and other documents

prepared by the Contractor or its sub – contractors and / or furnished by the

Employer to him for execution of Contract works, including the lists of

Contractor’s and his sub-contractor’s equipment (brought to site by them for

the works) available at site, as of the date of termination, in terms of the

Contract.

37.3 The Employer may enter upon the site, may ask the Contractor to leave site, and

complete the work itself or by employing any third party. The Employer may at its

discretion, to the exclusion of any right of the Contractor over the same, take over and

use with the payment of a fair rental rate to the Contractor as mutually agreed

between the Contractor and the Employer, with all the maintenance costs to the

account of the Employer and with an indemnification by the Employer for all liability

including damage or injury to persons arising out of the Employer’s use of such

equipment, any Contractor’s Equipment owned by the Contractor and on the site in

connection with the works for such reasonable period as the Employer considers

expedient for the completion of works.

Upon completion of the Work or at such earlier date as the Employer thinks

appropriate, the Employer shall give notice to the Contractor that such Contractor’s

Equipment will be returned to the Contractor at or near the site and shall return such

Contractor’s equipment to the Contractor in accordance with such notice. The


Contractor shall thereafter without delay and at its cost and risk remove or arrange

removal of the same from the site.

37.4 Subject to stipulations of the Contract, the Contractor shall be entitled to be paid the

Contract Price attributable to the work executed as on the date of termination, the

value of any unused or partially used materials under Contractor’s scope of supplies

on the site, and the costs, if any, incurred in protecting the Work and in leaving the

site in a clean and safe condition. Any sums due to the Employer from the Contractor

accruing prior to the date of termination shall be deducted from the amount to be paid

to the Contractor under this Contract.

37.5 Upon termination of the Contract by the Employer under the Contract, the payments

shall be settled in accordance with following provisions:

(i) If the Employer completes the work pursuant to Contract hereof, the cost of

completing the work shall be determined by the Employer.

(ii) If the sum that the Contractor is entitled to be paid, under the Contract, plus

the reasonable costs incurred by the Employer in completing the Work

exceeds the Contract Price, the Contractor shall be liable for such excess.

(iii) If such excess is greater than the sums due to the Contractor, the Contractor

shall pay the balance to the Employer, and if such excess is less than the

sums due to the Contractor, the Employer shall pay the balance to the

Contractor.

(iv) The Employer and the Contractor shall agree, in writing, on the computation

described above and the manner in which any sums shall be paid

considering all the payments already made to the Contractor including any

advance payments prior to date of termination subject to any deductions

permitted under the Contract.

(v) Upon termination of the Contract the security deposit, submitted by the

Contractor under the Contract, shall be released by the Employer only after

settlement of all payments in accordance with the provisions given herein

above. Security deposit shall be liable for forfeiture without prejudice to

Employer’s other rights under the Contract, in case the Contractor fails to

settle the payments as stipulated herein within a reasonable period as

decided by the Employer.

37.6 In this Clause, the expression “plant/equipment/work executed” shall include all work

executed, installation services provided, and all materials acquired (or subject to a

legally binding obligation to purchase) by the Contractor and used or intended to be

used in terms of the Contract, up to and including the date of termination.

38.0 FORCE MAJEURE

38.1 “Force Majeure” shall mean any event beyond the control of the Employer or of the

Contractor, as the case may be, and which shall include, the followings:

(a) Acts of Government Indian or Foreign, like nationalization, quarantine,

embargo and/or import restriction. Acts by Government shall also include

war, hostilities or warlike operations declared by the state, invasion, act of

foreign enemy,


(b) disturbances and disruption of normal life due to rebellion, revolution,

insurrection, mutiny, usurpation of civil or military government, riots, civil

commotion or civil war, and terrorist acts including sabotages, nuclear and

pressure waves or other physical disaster, epidemics etc

(c) lawful strikes & lockout continuing for more than 3 weeks including lawful

industrial disputes leading to disruption of work. However such situation

prevailing at the premises of the sub-contractor(s) of the Contractor shall not be

considered as Force Majeure condition.

(d) Acts of God including natural phenomena or calamities.

38.2 If either party is prevented, hindered or delayed from or in performing any of its

obligations under the Contract by an event of Force Majeure, then it shall notify the

other in writing of the occurrence of such event and the circumstances thereof within

fifteen (15) days after the occurrence of such event.

38.3 The party who has given such notice shall be excused from the performance or

punctual performance of its obligation(s) affected by occurrences of such Force

Majeure under the Contract for so long as the relevant event of Force Majeure

continues and to the extent that Contractor’s such performance is prevented,

hindered or delayed. However, the time for completion shall be extended in

accordance with stipulations of the Contract.

38.4 The decision of the Employer whether there is a Force Majeure condition or not and

whether extension of time shall be granted or not shall be decided after mutual

discussion and agreement between the Employer and the Contractor within 30 days of

notice from either side. However, the decision of the Employer shall be binding.

38.5 In the event of occurrences of any one or more Force Majeure event(s) as described

herein above subject to stipulations of the Contract, the contractual completion time as

stipulated under of the Contract and/or time of completion/implementation of the affected

activity (activities)/work(s)/obligation(s) of the Contractor as agreed, shall be extended by

a period as mutually agreed by the Employer and the Contractor.

38.6 No claim for increase in Contract price shall be accepted by the Employer in case any

extension of completion time or schedule is granted by the Employer as per stipulations

of this Clause. However any benefit of price fall shall be passed on to the Employer.

38.7 If either party is prevented, hindered or delayed from or in performing any of its

obligations under the Contract by an event of Force Majeure, continuously for a period

of 90 days or more, then notwithstanding that the Contractor has been granted extension

of completion time, the Employer and the Contractor shall mutually agree on further

course of action.

39.0 ASSIGNMENT

39.1 The Contractor shall not assign his rights and obligations under the terms of this

Contract either in whole or part to any third party other than its legal successor without

the written consent of the Employer.

However, all necessary information and documents shall be furnished by the Contractor

in advance to the satisfaction of the Employer, in case the Contractor assigns his any


and / or all his rights and obligations as defined and declared in this Contract to its legal

successors. In the event of failure of the Contractor to discharge its responsibility under

this clause, the Employer may at his discretion, without prejudice to his other rights

under the Contract, terminate the Contract as per stipulations of this Contract.

39.2 Should loan/financial agreement(s) require the Contractor to assign, by way of charge,

any money due or to become due to it, to a bank/credit agency for the benefit of

receiving payment by the Contractor under this Contract from such bank/credit agency,

or if any partial assignment is necessary to be made to any insurer in terms of Insurance

Policy approved by the Employer, the Employer shall not refuse consent in such cases.

40.0 ARBITRATION

40.1 All disputes or differences, whatsoever, arising between the parties out of or in

relation to the construction, meaning and operation or effect of this Contract or breach

there of shall be settled amicably. If however, the parties are not able to resolve them

amicably, the same shall be settled by arbitration in accordance with the provisions of

Arbitration & Conciliation Act 1996 and the award made in pursuance there of shall

be binding on the parties. The Arbitrator/Arbitrators will give reasoned award.

Work under the Contract shall be continued by the Contractor during the arbitration

proceedings unless otherwise directed in writing by the Employer or unless the matter

is such that the works cannot be continued until the decision of the arbitrators or of

the Umpire, as the case may be, is obtained and save as those which are otherwise

expressly provided in the Contract, no payment due or payable by the Employer shall

be withheld on arbitration proceeding unless it is the subject matter or one of the

subject matter thereof.

The venue of Arbitration shall be Bhubaneswar.

40.2 Only the Courts at Bhubaneswar will have the jurisdiction over any matter/disputes etc.

pertaining to and arising out of the Contract.

41.0 RIGHTS OF EMPLOYER TO VARY THE SCOPE

41.1 The Employer shall have the right, during the performance of the Contract, to change

the scope and/or technical character of the Project and/or of the services and related

supplies as stipulated in the Contract.

41.2 In the event, the Employer requests a change as per the Contract, the Contract price

and time shall be adjusted upwards or downwards, as the case may be and as shall

be mutually agreed to. The Contractor shall not be entitled to any extension of time

unless such changes adversely affect the time schedule.

41.3 The Contractor shall not change any work to be made pursuant to this Contract

except as may become necessary to enable him to meet his technical obligations

under this Contract, provided however that such changes shall be subject to prior

written approval of the Employer.

41.4 The Contractor shall proceed with the changes as requested as per above pending

adjustment of Contract price and time schedule where so applicable in terms of

Contract.


41.5 In the event that a request for changes by the Employer should affect the guarantees

of the plant/process, a readjustment of such guarantees shall be agreed upon jointly,

before the Contractor proceeds with the change.

41.6 Changes occasioned due to non-observance by the Contractor of the provisions of

this Contract or arising out of detection by the Employer of errors in the documents or

in works not in compliance with the design, specifications & drawings or with the best

engineering practice, shall neither give rise to price adjustment nor extension of time.

The Contractor shall take immediate steps to restore the contractual position, if so

desired by the Employer.

Also, if any changes are required for completeness of the work as per the Contract,

the Contractor shall not be entitled to extra price or time.

42.0 WAIVER

Non-enforcement by either party of any of the provisions of this Contract shall not

operate or constitute as a waiver of the provision itself or any subsequent breach

thereof.

43.0 AMENDMENT

43.1 Any amendment to the terms of this Contract (including Schedules & Annexures) shall

be made in writing by both parties hereto and shall specifically state that it is an

amendment to this Contract.

43.2 No amendment of the Contract shall have any effect until the Employer has received

such consent in writing (including that of the Contractor) as may be necessary under and

in terms of the loan/financial Agreements.

44.0 TERMINATION OF SERVICES OF CONTRACTOR'S PERSONNEL

In the event any of the Contractor or his sub-contractors, personnel, agents,

sub-agents, assistants, or other employees shall be guilty of any misconduct or be

incompetent or insufficiently qualified or negligent in the performance of their duties or

it is undesirable for any administrative reasons for such person to be deployed, the

Contractor, if so directed, shall immediately remove such person or persons from site.

Any person or persons so removed shall not again be utilised in connection with this

Contract without the written permission of the Employer. Any person so removed

shall immediately be replaced by a qualified and competent substitute at the

Contractor's cost and expenses. Should the Contractor be requested to repatriate any

person he shall do so and shall bear all costs and charges in connection therewith.

45.0 SAFETY AND SECURITY

45.1 The Contractor /sub-contractor shall comply with all the provisions of safety of workmen

under Factories Act, 1948 Mines Act, 1952 as the case may be and Orissa Factory

Rules, 1950 framed thereunder by the Government of Orissa. Insurance coverage of

the employees for accidental death, permanent partial, permanent total, temporary

disablement, occupational disease if any will be taken by the Contractor /sub-

contractor. Necessary compliance on this matter will be submitted to the Employer as

the principal Employer, at the time of receiving the “permit of work”.


45.2 The Contractor /sub-contractor shall ensure that the complies, with the various statutory

provisions regarding the safety of the employees at the work site and shall ensure

supply of required number of safety appliances, work instructions, safety training,

Qualified and experienced safety leaders, Qualified and Experienced welfare leaders

etc.

45.3 The Contractor shall adopt adequate safety measure and use of protective clothing by

all the workmen at site whether or not engaged in actual execution of work or

supervision thereof as per requirement. The Contractor shall ensure that the workmen

on site use safety belts, gloves, helmets, masks, etc. as are necessary for their safety.

45.4 The Contractor shall be responsible for safety arrangements of all equipment used in

connection with the execution of the work and shall ensure deployment of only trained

operators to man the equipment. Only tested equipment, tools, wires, ropes, etc. shall

be used and shall periodically be tested to the satisfaction of the Employer. All test

certificate shall be made available to the Employer at site as and when required by him.

45.5 The Contractor shall, in connection with the execution of the work, ensure provision and

maintenance at his own cost all lights, guards, fencing with gates and watching when

and where necessary or required by the client or by any duly constituted authority for

the protection of work and/or for the safety and convenience of the public or others.

45.6 The Contractor shall take adequate safety precautions for prevention of accidents at

site. The Contractor shall also ensure that their employees/ workmen observe the

statutory safety rules and regulations as also those laid down by the Employer from

time to time.

45.7 Some of the immediate safety measures set for the Contractor /sub-contractor by

Employer are as under:

(a) Safer Work Platforms: Use strong and secured planks and boards of the fight

sizes. Paint those at the edges brightly to warn workers. Put up barricades to

prevent them for following. Make sure scaffolds are erected by trained

scaffolders. Supervisions must inspect scaffolds once every week.

(b) Falling objects and debris: No loose materials which can fall down on work

platforms. Overhead shelters to minimize damage from falling objects. Strong

nets to catch these objects or debris wherever necessary. Nets must envelop

all sides of the work area if so feasible and necessary.

(c) Personal Safety equipment: Workers must wear approved safety helmets and

shoes. Safety belts are compulsory for those working in high altitude and

places. These must be attached to strong anchorage points.

(d) Operating Construction Machinery: Make sure those doing this have been

trained for their jobs. Keys must be kept by authorised persons. Remove keys

when nobody is using the machine or vehicle.

(e) Safer electrical installation : Use only approved types of electrical sockets and

plugs, proper insulators for all electrical wiring. Wiring must not be allowed to lie

on the floor or the ground and should be away from inflammable objects. Only


qualified, experienced and approved electricians/wireman/ Lineman should be

engaged to do the work.

45.8 The Contractor shall provide at his cost necessary watch and ward force as may be

approved by the Employer to ensure security and safety of all buildings, structures,

equipment and materials under their custody at the site of work.

45.9 The Contractor shall abide by all security regulations at site promulgated by the

Employer from time to time If required the Contractor shall provide identity badges to

their personnel and workmen which must be properly displayed by them at site.

45.10 In order to facilitate issue of exit gate permits by the Employer for materials and

equipment either during execution or the defect liability period, the Contractor shall

submit to the Employer list of construction/erection equipment etc. and/ or other

materials that shall be taken by them inside the site from time to time. Such movement

of materials, equipment, tools, tackles, etc. shall be subject to certification by the

Employer.

45.11 All erection bolts shall be retained in position after completion of works. In case the

erection bolts are removed after completion of works, the holes shall be plug welded

and no unfilled holes shall be left in any part of the structure.

45.12 The Contractor and his personnel/ workmen shall be subjected to security check by

Employer's own security force if engaged by the Employer for the over-all protection of

the Project.

46.0 COMPLIANCE WITH STATUTORY LAWS/REGULATIONS

(i) The Contractor shall be responsible for compliance with all the statutory

obligations of Government of India/State Government of Orissa & local statutory

bodies, and for obtaining all statutory registration including

clearances/permissions including but not limited to IBR / Pollution Control Board

/ Explosives / Railways / Electricity clearances as applicable in respect of

execution of the Project.

(ii) Explosives shall not be used at the site by the Contractor.

(iii) The Contractor shall give all notices and pay all fees, royalties, required to be

given or paid under any Central or State statute, ordinance or other law or any

regulation or by-law of any local or other duly constituted authority including

stamp duty fees, in relation to the execution of the Contract Work.

(iv) The Contractor shall conform in all respects with the provisions of any statute,

ordinance or laws as aforesaid and the rules, regulations or by-laws of any local

or other duly constituted authority which may be applicable to the works or to

any temporary works and with such rules and regulations of public bodies as

aforesaid.

(iv) If any new statutory regulation or law or modification of the existing regulation or

law comes into force subsequent to the Effective Date of Contract, the

Contractor shall comply with the same. However, if it calls for any modification of


the works or any part thereof with financial implication, the same shall be

discussed between the Contractor and Employer and mutually agreed.

(vi) Unless expressly specified and/or limited otherwise elsewhere in the Contract,

the Contractor shall pay all tollage and other royalties, rent and other payments

or compensation, if any, for materials required for the work or in connection

therewith.

(vii) All operations necessary for the execution of the works and for the construction

of any temporary works in compliance with the requirements of the Contract,

shall be carried out so as not to interfere unnecessarily or improperly with the

public convenience or the access to use and occupation of public or private

roads and footpaths or of properties whether in the possession of the Employer

or any other person.

(viii) The Contractor shall also be responsible and liable in the event of endangering

or causing any damage(s) to the public or private property including personnel

thereof whether in the possession of the Employer or any other person by any of

his and/or Partner Contractor(s)/his associates/ sub-contractor(s)/ sub-

suppliers(s) act in any manner during the currency of the Contract.

(ix) The Contractor shall keep the Employer indemnified against all penalties and

liabilities of any kind for breach and/or infringement of any statute, ordinance,

law, rule, regulation or by-law, by him and keep the Employer indemnified from

any claim, demands, proceedings, damages, costs, charges and expenses,

whatsoever arising out of or in relation to any matter as stipulated herein this

Clause.

47.0 APPLICABLE LAW

This Contract will be governed by Indian Laws. The Contract shall be subject to

exclusive jurisdiction of courts in Bhubaneswar.

48.0 LANGUAGE

48.1 The “Contract” as well as all correspondence and documents relating to the Contract

exchanged by the Contractor and the Employer, shall be written in the “English”

language.

48.2 All documents, instructions, catalogues, brochures, pamphlets, design data, norms and

calculations, drawings, operation, maintenance and safety manuals, reports, labels, on

deliveries and any other data shall be in the specified Language. However, all

signboards required to indicate “Danger” and / or for Security / Safety at site and

otherwise statutorily required shall be in “English”, “Oriya” & “Hindi” languages.

48.3 Supporting documents and printed literature that are part of the Contract or submitted

by the Contractor in terms of the Contract, may be in another language provided they

are accompanied by an accurate translation of the relevant passages in the language

specified, in which case, for purposes of interpretation of the Contract, this translation

shall govern. The Contractor shall bear all costs of translation to the governing

language and all risks of the accuracy of such translation, for documents provided by

the Contractor.


49.0 NOTICES

49.1 All notices under this Contract shall be given in writing and shall be deemed sufficiently

given when delivered either in person or by fax or by registered mail addressed to the

other party at its address set forth in the Contract agreement with a copy to the

nominated representative at site.

49.2 If any such notice is delivered by hand, it shall be duly acknowledged and if given by fax

it shall be confirmed by Registered Letter within seven days of the date of such notice.

Either party shall by notice in writing inform the other party of any change of its address

as stated under herein below for receiving such notices.

49.3 Date of notices under this Clause shall be the date of receipt of such notice by the

receiving party. The address of Employer and the Contractor are as specified in SCC.

50.0 SEVERABILITY

The validity of the Contract shall not be affected, should one or more of its stipulations

be or become legally invalid and such stipulation is severable from and not fundamental

to the obligations of either party to this Contract. In such a case, the parties shall

negotiate in good faith to replace the invalid clause by an agreed stipulation which is in

accordance with the applicable law and which shall be as close as possible to the

parties’ original intent.

51.0 GENERAL

No director or official or employee of the Employer shall in any way be personally bound

or liable for the acts or obligations of the Employer under the Contract or answerable for

any default or omission in the observance or performance of any of the acts, matters or

things or conditions which are herein contained.

52.0 GENERAL LIABILITY

The rights and obligations of the parties are finally and conclusively defined in this

Contract. Claims for indirect, remote or consequential damages such as loss of

production, loss of profit, loss of use are excluded.


DUBURI, ORISSA

Sch – 2 : SCC Page 1 of 8 Contract for Fabrication & Erection of Steel Structures

SCHEDULE – 2 : SPECIAL CONDITIONS OF CONTRACT


DUBURI, ORISSA


SPECIAL CONDITIONS OF CONTRACT (SCC)

(The stipulations of Special Conditions of Contract as given herein below, shall be complementary to the

provisions/stipulations of General Conditions of Contract (GCC), unless any stipulation of GCC is

amended, modified, deleted or replaced by a stipulation of SCC.)

Sl. No. Reference of

GCC Clause

As per SCC

1.0 1.12 Words “Employer”, “Purchaser” and “Owner” are one and same

in meaning and intent.

2.0 2.0 This shall be read in conjunction with the Contract Specification

(Schedule-4 of the Draft Contract).

3.0 2.4 (i) Add following para after para (iii) :

“ (iv) carrying out all checks & tests including non-destructive

tests like DPT, X-Ray etc. as per Contract.”

4.0 2.7.1 This shall be read in conjunction with the Contract Specification

(Schedule –4 of the Draft Contract). However, in case of conflict

between ‘GCC’ and ‘Contract Specification’ the provisions of

‘GCC’ shall prevail.

5.0 2.7.1 (c) This shall be read in conjunction with the Contract Specification




6.0 2.7.2 This shall be read in conjunction with the Contract Specification




7.0 3.2 Words “Bill of Quantities (BOQ)” & “Schedule of Quantities” are

one and same in meaning and intent.

8.0 3.3.1 Add following as second para to the clause :

“The scope of Contract Price shall interalia include carrying out

all visual & other checks of welded joints, all non-destructive

tests like DPT, X-Ray etc as required and considered necessary

by the Employer and as per stipulations of the Contract,

preparation and furnishing of all drawings, documents, test

reports, painting of fabricated and erected structures etc. and all

other responsibilities as per stipulations of the Contract including

Contract Specification (Schedule – 4 of the Draft Contract).”


DUBURI, ORISSA



GCC Clause

As per SCC

9.0 3.4.1 (ii) This shall be read in conjunction with Contract Specification

(Schedule – 4 of the Draft Contract). However, in case of

conflict between GCC & Contract Specification, the provisions of

GCC shall prevail.

10.0 3.5 This shall be read in conjunction with Contract Specification


conflict between GCC & Contract Specification, the Employer’s

decision shall be final and binding.



conflict between GCC & Contract Specification, the provisions of

GCC shall prevail.

12.0 4.1 Completion time shall be 02 (Two) months from the date of

Letter of Award (i.e. Effective date of Contract).

13.0 4.3 This shall be read in conjunction with “Implementation Schedule

for Fabrication and Erection of Steel Structures” enclosed

separately along with Contract Specification (Schedule – 4 of

the Draft Contract).

14.0 5.2 Add following para as second para to the Clause:

“However the Contractor shall submit to the Employer all

cenvatable documents for Service Tax and Educational Cess

paid by him (Contractor) to the statutory authorities, if any, to

enable the Employer to avail cenvat credits as applicable and

available to him (Employer) under the rules of Govt. Of India,

failing which the Employer shall be entitled to deduct the

amount equivalent to applicable Service Tax and Educational

Cess, from any payment and/or amount due to the Contractor

under the Contract.”

15.0 5.11 Base date for considering statutory variation in taxes and Duties

in terms of the contract shall be--------------------

[The last date of submission of final Price shall be inserted

here.]


DUBURI, ORISSA



GCC Clause

As per SCC

16.0 6.1 Payment Terms shall be as per terms given herein below :

A. Fabrication of Steel Structures and Painting

i) 10% of the Contract Price as advance against submission

of a Bank Guarantee for equal amount valid till sixty

(60) days after completion of works, after mobilisation

of manpower, equipment and establishment of store /

workshop as approved by Employer / Consultant to

commence work and submission of another Bank

Guarantee for 10% of Total Contract Price towards

Security Deposit (SDBG) valid till 60 (sixty) days after

issuance of FAC.

ii) 75% of the Contract Price on monthly pro-rata basis after

receipt of fabricated structures in full and good

condition as per agreed sequence/schedule duly

certified by Employer / Consultant against submission

of required documents.

iii) 10% of the Contract Price after issue of Completion

Certificate.

iv) 5% of the Contract Price after issue of Final

Acceptance Certificate (FAC).

B. Erection of Steel Structures including Final Painting:









issuance of FAC.

ii) 75% of Contract Price on monthly pro-rata basis as per

following break-up :

a) 20% after placement of Steel Structure in position

and tack welding, etc. wherever required.

b) 40% after completion of proper alignment, grouting

and welding of Steel Structures.


DUBURI, ORISSA



GCC Clause

As per SCC

c) 15% after completion of final painting of Steel

structure.


Certificate.



C. Roofing, Sheeting & Side Cladding :









issuance of FAC.

ii) 75% of the Contract Price on monthly pro-rata basis

after completion of the job duly certified by Employer /

Consultant, against submission of required documents.


Certificate.



D. Testing :

The payment for testing (ultrasonic / X-ray / Gamma-ray testing

of welded joints) shall be made for the actual quantities (R-m)

tested, as per rates separately specified in BOQ for these items,

if any.

The payment shall be made as per followings :

i) 95% payment on monthly pro-rata basis against

submission of relevant test reports along with the

Invoice, duly accepted & certified by the Employer /

Consultant.

ii) 5% payment after issue of Final Acceptance Certificate

(FAC).


DUBURI, ORISSA



GCC Clause

As per SCC

Notes :

1. All monthly progress payment bill shall be submitted by the

Contractor once in a month covering the work executed

between first day and last day of the month and the same

shall be submitted within 7th day of the following month.

2. All monthly progress bills shall be submitted in approved

proforma and duly approved by the Employer and

supported by detailed measurement sheet of item of works

and consumption statement of items issued by the

Employer as “Free Issue Items” under the Contract.

3. The Contractor shall also submit along with their monthly

invoice, documentary evidence to the effect that the

Contractor has deposited ESI & EPF for his workers as per

statutory requirements and requirements stipulated under

the Contract.

4. The release of payment against Contractor’s monthly

progress payment bills shall be effected within reasonable

period which shall not exceed one (1) month from the date

of submission of correct, clear and complete bills and

documents.

5. All payments shall be released as per above, subject to

stipulations of GCC.

17.0 6.5 “The last sentence of this Clause i.e.

“Bank Guarantee for security deposit shall be kept valid till 60

days after issue of completion certificate for the entire work by

the Employer.”

shall be replaced with :

“Bank Guarantee for Security Deposit shall be kept valid till 60

(Sixty) days after issue of Final Acceptance Certificate by the

Employer in terms of the Contract.”

GCC Clause 6.5 stands modified to the extent specified above.

All other stipulations of the Clause remain unchanged.


DUBURI, ORISSA



GCC Clause

As per SCC

18.0 6.11 i) Replace the words “Final Bill” in the first line of the

first para of the Clause with “Final Bill for payments

against Completion Certificate”.

ii) Read this Clause in conjunction with Contract

Specification (Schedule – 4 of the Draft Contract).

iii) Para 6.11 (i) not applicable.

The GCC Clause 6.11 stands modified to the extent specified

above. All other stipulations of the Clause remain unchanged.

19.0 9.3 Replace this para with the followings :

“Security Deposit Bank Guarantee (SDBG) shall remain valid till

issuance of Final Acceptance Certificate (FAC) by the Employer

in terms of the Contract plus two months grace period. In case

the Final Acceptance gets extended beyond the original period,

the Contractor shall arrange for the extension of the Bank

Guarantee for such extended period upon written request of the

Employer.”

20.0 9.6 Replace this para with the followings :

“Subject to stipulations of other provisions of the Contract, the

Security Deposit Bank Guarantee (SDBG) shall be released on

application by the Contractor after expiry of its validity as

stipulated herein above.”

21.0 9.9 Not Applicable

22.0 9.10 Not Applicable

23.0 10.0 GCC remains unchanged.


(Schedule – 4 of the Contract).

25.0 16.6/16.11 No special conditions are attached with these Clauses.


(Schedule – 4 of the Draft Contract)

However, in case of conflict between ‘GCC’ & ‘Contract

Specification’, the Employer’s decision shall be final and

binding.


DUBURI, ORISSA



GCC Clause

As per SCC


(Schedule – 4 of the Draft Contract).

However, in case of conflict between ‘GCC’ & ‘Contract

Specification’, the Employer’s decision shall be final and

binding.


(Schedule – 4 of the Contract).

29.0 49.3 The Addresses of Employer’s & Contractor’s for the purpose of

Notices shall be as specified in Article – 10 of Contract

Agreement.

30. Annexure – IV

(Format for Bank

Guarantee for

Performance

Guarantee)

Not Applicable


DUBURI, ORISSA

Annexures Page 1 of 11 Draft Contract for Fabrication & Erection of Steel Structures

ANNEXURES


DUBURI, ORISSA


ANNEXURES

INDEX

Annexure Description

Page No.

Annexure – I Bar-chart & overall completion schedule

3 of 11

Annexure – II Format for Bank Guarantee for Security Deposit

4 of 11

Annexure – III Format for Bank Guarantee for Advance Payment

6 of 11

Annexure – IV Format for Bank Guarantee for Performance

Guarantee

8 of 11

Annexure – V Format of Completion Certificate

10 of 11

Annexure – VI Format of Final Acceptance Certificate

11 of 11


DUBURI, ORISSA


Annexure-I

BAR- CHART AND OVERALL COMPLETION SCHEDULE

[The Bar-Chart and Completion Schedule as submitted by the successful bidder shall form part of the

Contract]

[The bidder shall submit Bar-Chart and Overall completion Schedule for all works under the

scope along with his bid.]


DUBURI, ORISSA


Annexure - II

FORMAT FOR

BANK GUARANTEE FOR SECURITY DEPOSIT

(To be established through any Nationalised/Fisrt Class Scheduled Bank at Bhubaneswar

and negotiable at their Counters )


IPICOL House, 1st Floor, Annexe

Janpath,

Bhubaneswar

Dear Sirs,

1. In consideration of your agreeing to accept Guarantee towards security deposit of Rs………………… furnishable to you by M/s ………………………………. (hereinafter called the “Contractor”) in terms of Contract no. ………………………….. dated ………….. with M/s Neelachal Ispat Nigam Limited (hereinafter called the “Employer”), the Contractor requested us to provide the guarantee to fulfill contractual obligation, we ………………………………………… (Bank name) at the request of the Contractor, are holding in trust in favour of you the amount of Rs…………………………………. and agree to pay to you on demand immediately without protest or demur or reference to the Contractor if the Contractor failed to perform all or any of their obligation under the said Contract. The decision of the Employer duly communicated in writing to the Bank that the Contractor have failed to perform all or any of the obligation under the said Contract shall not be questioned and shall be final and conclusive (irrespective of stand that can be taken by or on behalf of Contractors). The said amount of Rs……………………… shall be paid forth with on demand, without any conditions or proof whatsoever.

2. It is fully understood that this guarantee is effective for a period of ………………. Days from the

date of issue and shall continue to be enforceable till six months thereafter and that we ……………………………. (Bank) undertake not to revoke this guarantee during its currency without the consent in writing of the Employer.

3. This guarantee shall continue and hold good until it is released by you on the application by the

Contractors after expiry of the relative guarantee period of the said Contract and after the Contractor had discharged all his obligations under the said Contract and produce a certificate of due completion of the work under the said Contract provided always that this guarantee shall in no event remain in force after the day of ………………………. without prejudice to your claim or claims arisen and demanded from or otherwise notified to us in writing before the expiry of six months from the said date which will be enforceable against us notwithstanding that the same is or are enforceable after the said date.

4. We ………………………………. (Bank) further undertake to extend the validity of the guarantee

beyond the period prescribed in Clause (3) or as extended from time to time, for such further period as may be required in writing before the expiry of this guarantee and upon such extension(s), all terms and conditions of this guarantee shall remain in full force till the expiry of this extended period.


DUBURI, ORISSA


Subject to the maximum limit of our liability as aforesaid the guarantee will cover all your claims or claims against the Contractor from time to time arising out of or in relation to the said Contract & in respect of which your claims in writing is lodged on us before expiry of 6 months from the date of expiry of this guarantee. Notwithstanding any thing contained hereinabove our liability under this guarantee is restricted to Rs…………………………. and this guarantee shall remain in force until ……………………… Unless a written claim is lodged on us for payment under this guarantee within six months or the guarantee i.e. on or before ………………………….. all your rights under this guarantee shall be forfeited and we shall be deemed to have been released and discharged from all liability thereunder, irrespective of whether or not the original guarantee is returned to us.

5. We ………………………………… (Bank) further agree that the Employer shall have the fullest

liberty without effecting in any manner our obligation hereunder to vary our any of the terms and conditions of the said Contract from time to time or to postpone for any time or from time to time any of your rights or powers exercisable by the Employer against the said Contractor and/or forbear to enforce any of the terms and conditions relating to the said Contract and we shall not be released from our liabilities under this guarantee by reason of any such variation or extension being granted to said Contractor or for any forbearance and/or commission on the part of the Employer or any indulgence by the Employer to the said Contractors or by any other matter whatsoever which under the law relating to the sureties would, but for this provision have the effect of so releasing us from our liability under this guarantee.

6. We ………………………………. (Bank) further agree that the guarantee herein contained shall

not be affected by the liquidation or winding up, dissolution or change in the constitution of the said Contractor.

7. Your right to recover the said sum of Rs………………………….. form us in any manner will not

be affected or suspended by reason of the fact that any dispute or disputes have been raised by the Contractor and/or that any dispute or disputes are pending before any, Officer, Tribunal or Court.

8. We have power to issue this guarantee in your favour and the undersigned has full power to

execute this guarantee under the Power of Attorney granted to him by the Bank.

For and on behalf of (Banker’s Name)

Branch Manager (Banker’s Seal)

Address …………………………. ………………………….


DUBURI, ORISSA


Annexure - III

FORMAT FOR

BANK GUARANTEE FOR ADVANCE PAYMENT

(To be established through any Nationalised Bank/First Class Scheduled Bank at Bhubaneswar




Janpath,

Bhubaneswar

Dear Sirs,

In consideration of your agreeing to pay to M/s ……………………………………………… (hereinafter

referred to as ‘Contractor’) a sum of Rupees/US ……………………… (Rupees/US Dollar

……………………………………….) only and by way of advance payment in terms of Contract No.

………………. dated ……………………. with you for the work …………………………………….

(hereinafter referred to as ‘The Contract’) on furnishing a guarantee in the manner hereinafter contained,

we the ………………………. ………………………………………….. (Banker’s Name) do hereby

convenient and agree with you as follows :

1. We, hereby agree and undertake and guarantee to pay you the sum of Rs…………… and if in

your opinion any default is made by the Contractor in performing any of the terms and

conditions of the Contract or if in your opinion the Contractor commits any breach of the

Contract then on your demand made in writing on us we shall immediately pay to you in any

manner which you may direct the said sum of Rs/US $ …………………………. (Rupees/US

Dollar ……………………..only) or such portion thereof as may be demanded by you not

exceeding the said sum, without any protest or demur and without reference to the Contractor.

Our liability to pay is not dependent or conditional on your proceeding against the Contractor

and we shall be liable to pay the aforesaid amount as and when demanded by you merely on a

claim being raised by you on us and even before any legal proceedings are taken against the

Contractor.

2. Notwithstanding anything contained in the contrary your decision as to whether the Contractor

has made any such default or defaults under the Contract and the amount or amounts to which

you are entitled by the reason thereof will be binding on us and we shall not be entitled to ask

you to establish your claim or claims under this Guarantee but will pay the sum on demand

without any protest or demur.

3. You will have the fullest liberty without affecting this guarantee from time to time to vary any of

the terms and conditions of the said Contract or to extend time of performance of the Contract

or to postpone for any time or from time to time any of your rights and powers against the

Contractor and either to enforce or forbear to enforce any of the terms or conditions of the said

Contract and we shall not be released from our liability under this guarantee by the exercise of

your liberty with reference to the matters aforesaid or by reason of any time being given to the

Contractor which under the law relating to sureties, would but for the provisions thereof have the

effect of releasing us.


DUBURI, ORISSA


4. Your right to recover the said sum of Rs/US$ ………………………… (Rupees/US Dollar

………………………………………..) from us in any manner will not be affected or suspended

by reason of the fact that any dispute or disputes have been raised by the Contractor and/or

that any dispute or disputes are pending before any officer, Tribunal or Court.

5. This Guarantee herein contained shall not be determined or affected by the liquidation or

winding up, dissolution or change in the constitution or insolvency of the Contractor but shall in

all respects and for all purposes be binding and operative until payment of all money due to you

in respect of such liability or liabilities.

6. Any notice by way of demand or otherwise shall be writing and may be sent by special courier,

Fax or registered post to us.

7. This Guarantee shall come into force simultaneously with your making the said advance

payment to the Contractor and shall not be revoked by us whether before coming into force or

any time during its currency without your previous consent in writing.

We further agree and undertake to pay you the amount demanded by you in writing irrespective

of any dispute or controversy between you and the Contractor or any reference to Arbitration to

the said dispute/disputes are pending or civil suit filed by the Contractor in respect of the dispute

or controversy.

1. Our liability under this guarantee is restricted to Rs./US $ ………………………….. (Rupees/US

Dollar ………………………………… only) and this guarantee shall remain in force until

……………………….. unless a written claim is lodged on us for payment under this guarantee

within six months from the date of expiry of this guarantee i.e. on or before

……………………….. all your rights under this guarantee shall be forfeited and we shall be

relieved and discharged from all liabilities thereunder.

2. We have power to issue this guarantee in your favour and the undersigned has full power to

execute this guarantee under the Power of Attorney granted to him by the Bank.

For and on behalf of

(Banker’s Name)

Branch Manager

(Banker’s Seal)

Signed and Delivered


the above Bank

Address ………………………….

………………………….


DUBURI, ORISSA


Annexure - IV

FORMAT FOR

BANK GUARANTEE FOR PERFORMANCE GUARANTEE

(To be established through any Nationalised /First Class Scheduled Bank at Bhubaneswar




Janpath,

Bhubaneswar

Dear Sirs,

1. In consideration of your agreeing to accept Bank Guarantee towards Performance Guarantee of

Rs……………………… furnishable to you by M/s ………………… (hereinafter called the

“Contractor”) in terms of Contract no. ……………… dated ……….. with M/s Neelachal Ispat

Nigam Limited (hereinafter called the “Employer”), the Contractor requested us to provide the

guarantee to fulfill contractual obligation, we ………………….. (Bank Name) at the request of

the Contractor, are holding in trust in favour of you the amount of Rs……………………… and

agree to pay to you on demand immediately without protest or demur or reference to the

Contractor if the Contractor fails to perform all or any of their obligation under the said Contract.

The decision of the Employer duly communicated in writing to the bank that the Contractor have

failed to perform all or any of the obligations under the said Contract shall not be questioned by

us but shall be final and conclusive irrespective of stand that can be taken by or on behalf of

Contractors. The said amount of Rs………………… shall be paid forthwith on demand, without

any conditions or proof whatsoever.

2. It is fully understood that this guarantee is effective for a period of ……………. days from the

date of issue and shall continue to be enforceable till six month thereafter and that

we………………………. (Bank) undertake not to revoke this guarantee during its currency

without the consent in writing of the Employer.

3. This guarantee shall continue and hold good until it is released by you on the application by the

Contractors and expiry of the relative guarantee period of the said Contract and after the

Contractor had discharged all his obligations under the said Contract and produce a certificate

of due completion of the work under the said Contract provided always that this guarantee shall

in no event remain in force after the day of ……………….. without prejudice to your claim or

claims arisen and demanded from or otherwise notified to us in writing before the expiry of six

months from the said date which will be enforceable against us notwithstanding that the same

is or are enforced after the said date.

4. Should it be necessary to extend this guarantee on Account of any reason whatsoever we

undertake to extend the period of guarantee on your request till such time as may be required

by you.


DUBURI, ORISSA


5. We ………………………..(Bank) further agreed that the Employer shall have the fullest liberty

without affecting in any manner our obligation hereunder to vary any of the terms and conditions

of the said Contract from time to time or to postpone for any time or from time to time any of the

powers exercisable by the Employer against the said Contractor and/or forebear to enforce any

of the terms and conditions relating to the said Contract and we shall not be released from our

liabilities under this guarantee by reason of any such variation or extension being granted to the

said Contractor or for any forbearance and and/or commission on the part of the Employer or

any indulgence by the Employer to the said Contractors or by any other manner whatsoever

which under the law relating to the sureties would, but for this provision have the effect of

releasing us from our liability under this guarantee.

6. We ………………….. (Bank) further agree that the guarantee herein contained shall not be

affected by the liquidation or winding up, dissolution or change in the constitution of the said

Contractor.

7. Your right to recover the said sum of Rs…………………………. from us in any manner will not

be affected or suspended by reason of the fact that any dispute or disputes have been raised by

the Contractor and/or any dispute or disputes are pending before any officer, Tribunal or Court.

8. We have the power to issue this guarantee in your favour and the undersigned has full power to

execute this guarantee under the power of attorney granted by the Bank.


(Banker’s Name)

Branch Manager

(Banker’s Seal)

Signed and Delivered


the above Bank

Address ………………………….

………………………….


DUBURI, ORISSA


Annexure – V

FORMAT OF COMPLETION CERTIFICATE

Ref No. : _____________________

Date : ________________________

To:

……………………………………………..

……………………………………………..

……………………………………………..

[Name and address of Contractor]

Contract Agreement No : ___________________________________________

[Name of the Facilities]

Dear Sirs,

Pursuant to Clause _______ of the General Conditions of the Contract entered into between

yourselves and the Employer dated ____________ [date], relating to the

____________________________ [brief description of the facilities], we hereby notify you that the

construction * of the following part(s) of the facilities was completed on the date specified below.

However, you shall liquidate all the outstanding defects and / or deficiencies and complete the

balance items listed in the attachment hereto, as soon as possible, so that the facilities are fully in

accordance with the requirements of the Contract.

1. Description of the Facilities or part thereof : _____________________ [description]

2. Date of Completion of : ____________________ [date]

This letter does not relieve you of your obligation to complete the work and fulfill other responsibilities

in accordance with the Contract nor of your obligations during the Defects Liability Period .

Your’s faithfully,

_________________________________________________________________________________

Title

For and on behalf of Neelachal Ispat Nigam Ltd.


DUBURI, ORISSA


Annexure – VI

FORMAT OF FINAL ACCEPTANCE CERTIFICATE

Ref No. : _____________________

Date : ________________________

To:

……………………………………………..

……………………………………………..

……………………………………………..

[Name and address of Contractor]

Contract Agreement No : ___________________________________________

[Name of the Facilities]

Dear Sirs,

Pursuant to Clause _______ (Final Acceptance) of the General Conditions of the Contract entered

into between yourselves and the Employer dated ____________ [date], relating to the

____________________________ [brief description of the facilities], we hereby notify you that the

following part(s) of the facilities was (were) completed satisfactorily including completion of Defects

Liability Period of twelve months after commissioning, on the date specified below, and that, in

accordance with the terms of the Contract.

1. Description of the Facilities or part thereof : _____________________ [description]

2. Date of Completion: ____________________ [date]

Your’s faithfully,

_________________________________________________________________________________

Title

For and on behalf of Neelachal Ispat Nigam Ltd.


IRON AND STEEL PLANT DUBURI, ORISSA

Sch – 4 : TS Page 1 of 2 Draft Contract for Fabrication & Erection of Steel Structures

SCHEDULE - 4 : CONTRACT SPECIFICATION


IRON AND STEEL PLANT DUBURI, ORISSA

Sch – 4 : TS Page 2 of 2 Draft Contract for Fabrication & Erection of Steel Structures

[Contract Specification / Technical Specification including

General Specification (Schedule – 4) is enclosed separately]

CONTENTS

Sl. No. Description Page No.

1 Scope of general description of work 1

2 Fabrication of steel structures 4

3 Erection of steel structures 17

4 Fabrication and erection of miscellaneous structures 22

5 Roof and side cladding with GCS sheets 23

6 Side cladding with translucent sheets 25

7 Painting of steel structures 27

8 Special conditions of contract 31

LIST OF ANNEXURES

Annexures Description No. of pages

Annexure - A Permissible deviation in pitch and gauge of holes for bolts of

normal accuracy

1

Annexure – B Tolerance of assembled components of steel structures 1

Annexure – C Permissible deviation in assembly of welded joints 1

Annexure – D Tolerance in erected steel structures 3

Annexure – E Choice of painting system 1

Annexure – F Specification for surface preparation with sand blasting / shot

blasting

1

Annexure – G Schedule of quantities 15

Annexure – H Material of construction 1

1

1.1 SCOPE OF WORK :

The work covers preparation and supply of material indents, fabrication drawings,

erection drawings, DOD lists, site bolts lists, as-built drawings etc. as well as fabrication

transportation, delivery, including unloading storage and handling at site, erection,

painting etc, complete in all respects as per specification and drawings.

1.2 UNITS :

Structural steel work under the scope of this contract cover the following main units

envisaged for the Project Phase II of Neelachal Ispat Nigam Limited ( NINL ) :

- Lime and Dolomite Plant

- Oxygen Plant

- Compressed Air Station

- Conveyor galleries & Junction House

- Ferro alloy storage Building

- Scale Pit & Scale Pit Pump House

- Circulating Water Pump House

- Supporting structures for Interplant Overhead Pipelines

1.3 LIST OF STEEL STRUCTURES

- Columns ( rolled section or built-up ), column bracings

- Crane Girders, Surge Girders, Auxiliary Girders, Gable Platforms

- Crane Rails & Fixtures, Crane Buffer Stops

- Monorail beams and supports

- Roof Trusses, Roof Girders, Purlins, Roof panels, Roof hand rails, Sheeting

Posts, Side runners, Louvres, Bracings, Sag angles, Sag rods, wind-ties on roof

- Wind girders, Platforms, Walk-ways

- Stairs, Ladders, Hand rails

- Gutters and Down comers

- Gallery truss, Gallery Trestles, Bracings and deck

- Trusses and Trestles supporting Pipelines

- Storage Bunkers

- Roof & side Cladding

- MS louvers ( S-type )

2

1.4 GENERAL DESCRIPTION OF STRUCTURES

1.4.1 The following gives only general description of steel structural work involved in

different units. The structural work shall not be limited to these but shall be guided by

Technological / Technical requirements and aspects for the total scope of work.

Overall lay out of different units shall be as per relevant technological drawings.

1.4.2 DESCRIPTION OF UNITS - BOF AREA :

A. Lime and Dolomite Plant:

Kiln Feed Building ( 2-numbers) is of Steel structures frame work of size 12m x

6m x 30.8m ht. approx. having two bunkers.

Raw Material Storage Bunker building ( 2-numbers) is of Steel structures frame

work of size 9m x 9m x 23.1 m ht. approx. having 2 bunkers.

Lime/Dolomite Delivery Bin Building is of Steel structures frame work of size

18m x 12m x 26m ht having 5 bunkers.

Dedusting Unit ( 3- numbers) is of Steel structures frame work of size 12m x

12m approx.

Elevator/ Lifts

Lime and Dolomite conveyor galleries, Galleries for reversible conveyor RBC-1,

Galleries for BC2A & 2B.

B. Oxygen Plant:

1 x 418 tpd capacity (ASU) is proposed to be installed to meet the requirement of

oxygen, nitrogen and argen for various units. One compressor building of size

60m x 22.7 m and Pump House of size 19m x 8m have been proposed.

C. Compressed Air Station:-

3 x 95 Nm3/min capacity compressor to be installed to meet the requirements of

compressed air for various units. One compressor building of size 36m x 19m

having one crane at 8.7 m height has been provided.

D. Conveyor Galleries & Junction House:-

Conveyor galleries and associated Junction Houses for handling Lime Stone,

Dolomite Stone, Calcined Lime, Iron Ore lumps, DRI, Coke and Calcined

Dolomite.

3

E. Scale Pit & Scale Pit Pump House :

The Scale Pit is of steel structural framework of size 10.5m x 11m approx. It is

served by a 3.5t capacity cabin-operated grab crane. Roof is covered with GCS

sheeting and the sides are kept open.

F. Secondary Settling Tank :

The unit is approximately 10.5m x 6m size, having crane girder supported on steel

columns at elevation about + 7.5m, for 3.5t capacity crane. The crane girders are

connected with those of Scale Pit.

G. Circulating Water Pump House :

The unit is of RCC framed construction with RCC roof and side brick walls. There

will be a 9m span EOT crane of capacity 2.5t . Crane girders will be mounted on RCC

columns.

H. Supporting Structures for Interplant Pipelines :

Structural supporting system for interplant overhead pipelines in two layers consisting

of steel columns, beams, bridges, bracings, hand railings and platforms. Approximate

length and height of pipelines will be 250m and 7m respectively.

I. Monorails in tunnels, ventilation rooms, hydraulic rooms, and other auxiliary

units :

Monorail beams supported from roof are provided along the tunnel. Chqd. Plate with

support and hand railings, are provided at + 0.00 level in the ventilation shaft of Scale

Tunnel.

Monorails at different ventilation chambers and various service rooms, hydraulic

rooms, mould cooling water pump house, electrical rooms etc. are provided as per

technological requirements.

J. Ferro alloy storage Building:

This building is of Steel Structures frame work of size 210m x 38.5m x 16m ht.

having two cranes of capacity 20/5 T +15 T at 12m height.

1.5 INSTRUCTIONS TO CONTRACTORS

1.5.1 This specification shall be read in conjunction with general instructions to contractors

No. GS-01, drawings and other supplementary documentary documents detailing the

work.

1.5.2 For quality system, inspection and test of plant and equipment at manufacturer's

premises, relevant documents GS-05 shall be referred.

1.5.3 The contactor shall note that Owner intends to supply raw structural steel plates,

sections, crane rails, tubes for hand railing, translucent sheets and GCS sheets free of

cost from his store or stock-yard. The contractor has to make his own arrangements for

receiving, handling and transportation to his own storage area.

4

1.5.4 The entire fabrication and erection works shall be completed in 02 (two) months from

the effective date of order/contract. After award of contract, a final programme will be

worked out well in advance for the fabrication and erection dates, and the same shall be

subject to the Owner’s approval.

1.5.5 The contractor shall note that in case he intends to engage a sub-contractor for a

particular work, he shall furnish a list of such probable agencies with their capabilities

and capacities, for Owner's approval. The engaging of a sub-contractor can be done from

only amongst those in the list approved by the Owner. The responsibility of each and

every item of work shall lie fully on the main Contractor.

SECTION-2 : FABRICATION OF STEEL STRUCTURES

2.0 SCOPE OF WORK

2.1 The scope of work under fabrication includes, but not limited to, the following:

a) Preparation and supply of material indents, bolt lists bought out items list.

b) Procurement and collection of all steel materials from stockyards/stores, including

loading, transportation, unloading and stacking and storing on skids or supports.

c) Procurement and collection of all consumables like bolts nuts, washers, electrodes,

paints, shims, packs, etc., including allowance for spares and wastage.

d) Preparation and submission of fabrication drawings, modification /rectification

sketches, as made drawings, erection drawings, bill of materials, bolts lists and shipping

documents for approval of Owner.

e) Preparation of design calculations for non-standard connections, temporary bracings

etc. for approval of Owner.

f) Cold straightening of section and plates, whenever they are bent and kinked.

g) Fabrication of all steel structural components covered under tender drawings, design

drawings and generally described under the scope of the project.

h) Making arrangements for and conducting tests, such as chemical analysis, physical and

mechanical tests on raw materials where specified/as directed by the Owner.

i) Making arrangements for providing all facilities for conducting ultrasonic, X-ray or

gamma ray tests of welds; getting the tests conducted by reputed testing laboratories

making available test films / graphs, reports and interpretation.

j) Control Assembly of steel structural components at shop, wherever required.

5

k) Preparation of steel structural surfaces for painting as provided in the specifications /

drawings.

l) Application for one primer coat of painting at shop, as specified in the design

drawing/specifications.

m) Loading, transportation from fabrication workshop to site of erection and unloading of

all steel structural components / units / assemblies.

n) Preparation of "As-built" drawings.

2.2 PREPARATION OF FABRICATION AND ERECTION DRAWINGS

2.2.1 Fabrication drawings shall be prepared based on design drawings of steel structures.

2.2.2 Drawing shall be prepared in metric system as per IS:696-1972 and IS:812.2-1986.

The fabrication drawings shall specify the following details:-

(a) Type, size and length of welds in case of welded connections,(specifying clearly shop

or site weld). Length of weld specified shall be effective length (excluding end

crates).

(b) In case of bolted joints, arrangement of bolts and specification of bolts, nuts

etc.(specifying clearly shop and site bolts).

(c) Specification of electrode/wire flux.

(d) If required special provision to be mentioned in the drawings for handling of

structures during and after fabrication.

(e) Specification of paint and corresponding surface preparation for painting.

(f) General arrangement/marking plan.

(g) Reference to design drawings.

(h) Material list indicating mark number-wise material requirement giving size, weight,

material specification, identification number of each items, number of pieces

required etc.

(i) Layout with all connecting members with blown up joint details wherever required,

in order to specify clearly various fabrication and erection requirements as per

design drawings.

(j) Specification of preparation of mating surfaces in case of connection by HSFG bolts.

6

(k) Appropriate edge preparation in case of butt/groove welds in accordance with

IS:9595-1980, for all plates and sections having thickness greater than 8 mm.

(l) Erection clearances in order to facilitate smooth erection at site (ref clause

no.11.2.2.of IS: 800- 1984).

(m) Each erection piece shall be clearly identified by an erection mark in these drawings.

All loose members shall be given part mark, which shall be 'wired on' the main

erection piece for despatch.

2.2.3 Fabrication drawings shall be prepared in such a manner that Structures can be

despatched from fabrication shop to erection site with maximum economic

transportable size, so as to reduce work involved at site to a minimum.

2.2.4 Bracings shall be connected for 50% of the capacity of the member or the force

specified in the design drawing, whichever is more. (for single angle bracing

member, consider full area as effective for this purpose).

2.2.5 Standard simple beam connections, unless otherwise stated in the drawings, shall be

designed and detailed for 60% beam shear / moment carrying capacity.

2.2.6 Wherever there is risk of nuts becoming loose due to vibration, lock nuts shall be

provided, or nuts shall be welded after alignment and tightening.

2.2.7 For all connections by permanent bolts, two nos. of washers shall be used. One

washer bearing against the head and the other bearing against the nut.

2.2.8 Detailing of structural steel members subject to dynamic loading shall be such as to

ensure smooth transition of load, as well as best behaviour under stress due to

fatigue. Welding across tension flange of crane girders is not permitted.

2.2.9 For detailing connection, the allowable stress for materials, welds, bolts etc, shall be

as per IS:800- 1984 and IS:816-1969, or as specified in the drawing.

2.2.10 The contractor shall be responsible for design and detailing all connections. The

design of connection shall provide adequate strength for transfer of force in the

structural elements, as indicated on design drawings. Detailing shall be such that

erection shall be convenient and free from all interfaces, drilling and cutting at site.

7

2.3 MATERIALS

2.3.1 Structural Steel

A) Structural steel and other related materials for construction shall conform to

ANNEXURE-H.

B) Due to non-availability of specified materials, suitable substitutions may be provided

with the consent of the Owner. Such substitution shall be incorporated in the "As-built"

drawings.

C) All the items are to be cut as per requirements of the drawing. If joints are to be

provided in any item, in order to meet requirements of size and shape, cutting plan

showing locations of joints shall be prepared for consideration of Owner. Joints

provided shall be incorporated in "As-built" drawings.

D) Rolling and cutting tolerances shall be as per IS:1852:1985.

E) Only tested materials shall be used unless use of untested materials for certain

secondary structural members is permitted by Owner. If test certificate for the material

is not available from the main producer, the following tests shall be carried out at the

discretion of the Owner.

(a) Chemical Composition

(b) Mechanical Properties

(c) Weldability test

F) Where steel castings are to be used the same shall conform to IS: 1030:1989.

2.3.2 Bolts and Nuts

a) Black hexagonal bolts,nuts and lock-nuts shall conform to IS:1363:1992.

b) Precision and semi-precision hexagonal bolts, screws, nuts and lock-nuts shall

conform to IS:1364:1992.

c) High tensile friction grip bolts shall conform to IS:3757:1985 and high strength

structural nuts shall conform to IS:6623:1985, and hardened steel washers to IS:

6649:1985.

2.3.3 Electrodes

Mild steel electrodes and high tensile steel electrodes shall conform to

IS:814:1991.Electrode to be used for submerged are welding shall conform to

specification IS:7280:1974.

8

2.4 STORING OF MATERIALS

Materials shall be stored and stacked properly ensuring that place is properly drained

and is free from dirt. It shall be ensured that no damage is caused due to improper

stacking.

2.5 MATERIAL PREPARATION

2.5.1 Cut edges shall be finished smooth by grinding or machining wherever necessary.

Sufficient allowance (3 mm to 5 mm ) should be kept in the items incase machining is

necessary.

2.5.2 Cutting may be effected by gas cutting, shearing, cropping or sawing. In gas cutting of

high tensile steel, special care is to be taken to leave sufficient metal to be removed by

machining so that all metal that has been hardened by flame is removed.

2.5.3 Sufficient shrinkage allowance (@ 1mm/M) shall be kept wherever heavy welding is

involved.

2.5.4 Straightening and bending shall be done in cold condition as far as practicable.

2.5.5 If required, straightening and bending may be done by application of heat between

900°C and 1100°C. Cooling down of the heated item shall be done slowly.

2.6 DRILLING AND PUNCHING OF HOLES

2.6.1 Drilling and punching of holes for bolts shall be done as per clause no.11.2.4 of

IS:800:1984, unless otherwise specified by the Owner.

2.6.2 Drifting of holes for bolts during assembly shall not cause enlargement of holes beyond

permissible limit or damage the metal.

2.6.3 Holes for bolted connection should match well to permit easy entry of bolts. Gross

mismatch of holes shall be avoided.

2.6.4 Permissible deviation in holes for mild steel bolts of normal accuracy and high strength

bolts are given in the ANNEXURE-A.

2.7 ASSEMBLY FOR FABRICATION

2.7.1 Fabrication of all structural steelwork shall be in accordance with IS:2.700-192.74 and in

conformity with various clauses of this specification, unless otherwise specified in the

drawings.

2.7.2 Fabrication of structures shall preferably be taken up as per the sequence of erection.

9

2.7.3 All erection units shall bear erection mark no. and reference drg no. at a prominent

location on the structures for easy identification at site.

2.7.4 Fabricated structures shall conform to tolerance as specified in this standard and in

IS:7215-1974. In case of contradiction, tolerances specified in this standard shall prevail.

2.7.5 All the components of structures shall be free from twist, bend, damage etc,

2.7.6 Assembly of structures shall be carried out by using suitable jigs and fixtures in order to

obviate distortion during welding.

2.7.7 Cutting of items specially for truss, bracing, bunker, hopper, galleries surge girder,

portal etc, shall be done only after checking of sizes as per Layout.

2.7.8 Surface, wherever machining is specified, shall be either planed or milled or ground to

ensure maximum contact.

2.7.9 If end-milling or machining is planned after the assembly is over, sufficient allowance

(5 mm to 15 mm) shall be kept in the items where milling/machining is to be done.

2.7.10 If pre-bending of the plate is required to avoid welding distortion, it shall be done in

cold condition.

2.7.11 If extra joints are required to be provided in column, crane girder etc, approval should be

obtained from the Owner. However, as general guidance following is suggested. Splice

joints of column and crane girder shall of full strength butt weld and wherever possible

shall be located at zones of minimum or substantially lesser stress.

2.7.12 Splice joints of flange and web should preferably be staggered.

2.7.13 Sufficient trial assembly of fabricated components (despatch elements) shall be carried

out in the fabrication works to control the accuracy of workmanship.

2.7.14 Where necessary, washers shall be tapered or otherwise suitably shaped to give the

heads of nuts and bolts satisfactory bearing.

2.7.15 The threaded portion of each bolt shall project through the nut at least by one thread.

2.7.16 Tolerance of assembled components of structures are given in ANNEXURE-B.

2.7.17 Permissible deviations from designed (true) geometrical form of the despatch elements

shall be in accordance with IS:7215-1974.

10

2.8 WELDING

2.8.1 The Contractor shall work out welding procedure for Owner's approval, considering

the following factors :-

(i) Specification and thickness of steel.

(ii) Specification of electrode or/and base wire.

(iii) Welding process (manual arc welding, submerged arc welding).

(iv) Type of structures to be welded (thickness of components meeting at a joint).

(v) Pre and post heating requirement.

(vi) Preparation of fusion faces.

(vii) Sequence of welding.

(viii) Weather condition.

(ix) Use of jigs and fixtures etc.

(x) Type of non-destructive testing to be carried out.

(xi) Inspection procedure to be followed

(xii) Design requirements of the joints.

2.8.2 Welding of any load bearing structure shall be carried out only by the person who has

passed welder's qualification as per IS:7318 (Part-I)-12.874.

2.8.3 All metal arc welding shall be carried out as per IS:2.852.85-12.880.

2.8.4 Submerged arc welding of mild steel and low alloy steel shall be as per

IS:4353-12.867.

2.8.5 Electrode shall conform to clause no.4.3 of this standard.

2.8.6 Electrodes shall be stored in a dry place. Electrodes whose coatings are damaged due

to absorption of moisture or due any other reason shall not be used.

2.8.7 Low Hydrogen electrodes and flux for submerged welding shall be dried at 250°-300°

C for one hour in drying even before use.

2.8.8 For suitability of wire flux combination, procedure test shall be carried out as per

IS:3613-12.874 if so required.

11

2.8.9 Welding shall be done by electric arc process. Generally submerged arc, automatic &

Semi-automatic welding shall be employed. Only where it is not practicable, manual

arc welding may be resorted to. In case of manual arc welding, recommendations of

electrode manufacturer is to be strictly followed.

2.8.10 Welding surface shall be smooth, uniform, free from fins, tears notches or any other

defect which may adversely affect welding.

2.8.11 For multi-run weld deposit, the next run should be done only after thorough removal

of slag and proper cleaning of surface.

2.8.12 Fillet weld shall have the correct profile with smooth transition into parent metal.

Dressing of welds, if specified, shall be done by such method which does not cause

grooving and other surface defects on the weld or on the parent metal.

2.8.13 All butt welds shall start and end with run-on and run- off plates. All such plates shall

be carefully trimmed off by gas cutting after welding is over.

2.8.14 Fillet welds shall not be stopped at corners but shall be returned round them.

2.8.15 If butt weld is to be ground flush with the surface of the member as per drawing.

adequate reinforcement shall be built up and then the same shall be chipped off and

ground flush. The grinding is to done in the direction of stress flow till the transverse

marks are eliminated.

2.8.16 Welding shall not be done under such weather conditions which might adversely affect

the efficiency of the welding.

2.8.17 Manipulators shall be used wherever necessary and shall be designed to facilitate

welding and ensure that all welds are easily accessible to the operators.

2.8.18 Stress relieving after welding shall be done if especially called for in the drawing or

specification. Ends of structural members and portions of gussets receiving welding at

site, shall be left unpainted.

2.8.19 Permissible deviation in assembly of weld joints shall be in accordance with

ANNEXURE-C.

12

2.9 INSPECTION & TESTING

2.9.1 The Owner/Inspector shall have free access at all times to those parts of Contractor's or

his Sub- Contractor's works which are concerned with the fabrication of steel works and

shall be afforded all reasonable facilities at all stages of preparation, fabrication and trial

assemblies for satisfying himself that the fabrication is being undertaken in accordance

with the provisions of relevant specification.

2.9.2 All gauges and templates, tools, apparatus, labour and assistance for checking shall be

supplied by the contractor free of charge. The Owner /Inspector may at his discretion,

check the test results obtained at the Contractor's works, by independent test at the

Government Test House or elsewhere, and should the material so tested be found to be

unsatisfactory, the cost of such such test shall be borne by the Contractor.

2.9.3 Contractor shall make all necessary arrangements for stage inspection by

Owner/Inspector during the fabrication at shop and incorporate all on-the-spot

instructions / changes conveyed in writing to the Contractor.

2.9.4 Material improperly detailed or wrongly fabricated shall be reported to the

Owner/Inspector and shall be made good as directed. Minor misfits which can be

remedied by moderate use of drift pins, and moderate amount of reaming and slight

chipping may be corrected in that manner, if in the opinion of the Owner/Inspector the

strength or appearance of the structure will not be adversely affected. In the event the

Owner/Inspector directs otherwise, the items will be rejected and a completely new

piece shall be fabricated. The cost of correcting errors shall be to the account of the

Contractor.

2.9.5 i) The Owner/Engineer shall have the power:

a) To certify, before any structure is submitted for inspection, that the same is not in

accordance with the contract, owing to the adoption of any unsatisfactory

method of fabrication.

b) To reject any structure as not being in accordance with specifications &

drawings.

c) To insist that no structure or parts of the structure once rejected is resubmitted

for inspection/test, except in cases where the Owner / Inspector authorised

representative considers the defects as rectifiable.

ii) If, on rejection of structure by the Owner/Inspector the Contractor fails to make

satisfactory progress within the stipulated period, the Owner/Inspector shall be at liberty

to cancel the contract and fabricate or authorise the fabrication of the structures at any

other place he chooses, at the risk and cost of the Contractor, without prejudice to any

action being taken in addition to terms of General Conditions of Contract.

13

iii) The Owner / Inspector's decision regarding rejection shall be final and binding on the

Contractor.

iv) The specifications prescribe various tests at specified intervals for ascertaining the

quality of the work done. If the tests prove unsatisfactory, Owner/Inspector shall have

liberty to order the Contractor to re-do the work, done in that period and/ or to order

such alterations and strengthening that may be necessary at the cost of the Contractor

and the contractor shall be bound to carryout such orders failing which the

rectification/redoing will be done by the Owner through other agencies and the cost

recovered from the Contractor.

v) Notwithstanding any inspection at the workshop the Owner/Inspector shall have the

liberty to reject, without being liable for compensation any fabricated members or

materials brought to site that do not conform to specifications / drawings.

vi) All rejected materials shall be removed from the site of fabrication by the Contractor at

his own cost and within the time stipulated by the Owner/Inspector.

2.10 CONTROL IN WELDING

2.10.1 The extent of quality control in respect of welds for structural elements for both

statically and dynamically loaded structures shall be as follows and shall be conducted

by the contractor at his own cost:-

a) Visual Examination - All welds shall be 100% visually inspected to check the

following:

i) Presence of undercuts

ii) Visually identifiable surface cracks in both welds and base metals.

iii) Unfilled craters

iv) Improper weld profile and size

v) Excessive reinforcement in weld

vi) Surface porosity

Before inspection, the surface of weld metal shall be cleaned of all slag, spatter matter, scales

etc. by using wire brush or chisel.

b) Dye Penetration Test (DPT) - This shall be carried out for all important fillet welds and

groove welds for both statically and dynamically loaded structures to check the

following :

i) Surface cracks

ii) Surface porosities

Dye Penetration Test shall be carried out in accordance with American National

Standard ASTM E165.

14

c) Ultrasonic testing

Ultrasonic test shall be conducted for all groove welds and heat affected zone in

dynamically loaded structures and for other important load bearing butt welds in

statically loaded structures as desired by Owner, to detect the following :

i) Cracks

ii) Lack of fusion

iii) Slag inclusions

iv) Gas porosity

Ultrasonic testing shall be carried out in accordance with American National Standard

ANSI/AWS D1.1-96 Chapter -6: Part F.

Before ultrasonic test is carried out, any surface irregularity like undercuts, sharp ridges

etc. shall be rectified. Material surface to be used for scanning by probes must allow

free movement of probes. For this purpose, surface shall be prepared to make it suitable

for carrying out ultrasonic examination.

d) Radiographic Testing

(X-ray and Gamma-Ray Examination) :- This test shall be limited to 2% of length of

welds for welds made by manual or semi- automatic welding and 1 % of length of weld

if made by automatic welding machines . The location and extent of weld to be tested

by this method shall be decided by Owner to detect the following defects :-

i) Gas porosity

ii) Slag inclusions

iii) lack of penetration

iv) lack of fusion

v) cracks

Radiographic testing shall be conducted in accordance with American National Standard

ANSI/AWS D1.1-96 Part E.

Any surface irregularity like undercuts, craters, pits etc. shall be removed before conducting

radiographic test. The length of weld to be tested shall not be more than 0.75 x focal distance.

The width of the radiographic film shall be width of the welded joint plus 20 mm on either side

of the weld.

15

2.11 ACCEPTABLE LIMITS OF DEFECTS IN WELD

2.11.1 Limits of Acceptability of welding defects shall be as follows : -

a) Visual inspection & Dye Penetration Test - The limits of acceptability of defects

detected during visual inspection and Dye Penetration Test shall be in accordance with

clauses 6.9 & clause 6.10 of American National Standard ANSI/AWS D1.1-96

for statically as well as dynamically loaded structures respectively.

b) Ultrasonic Testing - The limits of acceptability of defects detected during ultrasonic

testing shall be in accordance with clause 6.13.1 & clause 6.13.2 of American National

Standard ANSI/AWS D1.1-96 Chapter 6 : Part C for statically and dynamically loaded

structures respectively.

c) Radiographic testing - The limits of acceptability of defects detected during Radiographic

testing shall be in accordance with clauses 6.12.1 & 6.12.2 of American National

Standard ANSI/AWS D1.1-96 Chapter 6 : Part C for statically and dynamically loaded

structures respectively.

2.12 RECTIFICATION OF DEFECTS IN WELDS

2.12.1 In case of detection of defects in welds, the rectification of the same shall be done as

follows :

i) All craters in the weld and breaks in the weld run shall be thoroughly filled with weld.

ii) Undercuts, beyond acceptable limits, shall be repaired with dressing so as to provide

smooth transition of weld to parent metal.

iii) Welds with cracks and also welds with incomplete penetration, porosity, slag inclusion

etc. exceeding permissible limts shall be rectified by removing the length of weld at the

location of such defects plus 10 mm from both ends of defective weld, and shall be

re-welded. Defective weld shall be removed by chipping hammer, gouging torch or

grinding wheel. Care shall be taken not to damage the adjacent material.

2.13 ACCEPTANCE CRITERIA OF MACHINING SURFACE

2.13.1 Standard of acceptance for machined surfaces, wherever specified by designer, (eg. in

column cap plates, base plates and column shafts etc.) shall be as given as per clause

2.13.2 & 2.13.3.

2.13.2 Maximum surface unevenness on bearing surface of cap/ base plate shall not exceed

0.5 mm.

16

2.13.3 When assembled, there must be physical contact for atl east 75% of the contact

surface.(The checking shall be carried out with 0.2mm guage . Care should be taken

that these connecting members are fixed with such accuracy that they are not reduced

in thickness during machining by more than 1.0 mm.

2.14 DESPATCH INSTRUCTIONS

Each despatchable structure shall bear mark no. along with reference drawing number

at two prominent locations (e.g. on flange and bottom of base plate of a column).

2.14.1 "As built" drawing shall be prepared after fabrication is completed to indicate additions

/ alterations made during the process of fabrication. (Refer clause 4.1.2 & 4.1.3.)

2.14.2 Control assembly of important structures shall be done in the shop floor before despatch

to avoid mismatching. For all such important structures, match marking shall be

given at the control assembly stage in the shop floor and such match markings shall

be made clearly visible while assembling the structures at site.

2.14.3 Centre lines of column flanges and both sides of web shall be punched, preferably at

top and bottom to facilitate alignment after erection.

2.15 COMPLETION DOCUMENTS

2.15.1 On completion of work, the Contractor shall submit to the Owner the following

documents:-

a) The technical documents according to which the work was carried out.

b) Copies of the "As built" drawings showing thereon all additions and alterations

made during the fabrication.

c) Manufacturer's test certificates

d) Certificates/documents on control checking

e) Test of welds

2.15.2 Inspection Certificates shall be issued to the contractor for the structures found

acceptable in all respects by the Owner/Inspector.

17

SECTION 3.0 - ERECTION OF STEEL STRUCTURES

3.1 SCOPE OF WORK

In addition to provision of erection and transport equipments, the scope of work includes

supply of tools and tackles, consumables, materials, labour and supervision and shall

cover the following :

a) Storing and stacking of all fabricated structural components/units/assemblies at site

storage yards till the time of erection.

b) Transportation of structures from storage yard to site of erection, including multiple

handling, if required.

c) All minor rectification / modifications such as :-

i) Removal of bends, kinks, twists etc. for parts damaged during transportation and

handling.

ii) Reaming of holes which do not register or which are damaged, for use of next

higher size bolt.

iii) Plug-welding and re-drilling of holes which do not register and which cannot be r

eamed for use of next higher size bolt.

iv) Drilling of holes which are either not drilled at all or are drilled in incorrect position

during fabrication.

d) Fabrication of minor missing items as directed by the Owner.

e) Verification of the position of embedded anchor bolts and inserts w.r.t. line find levels,

installed by others based on Geodetic Scheme / Bench mark / Reference co -ordinates

to be furnished by the Owner.

f) Assembly at site of steel Structural components wherever required, including

temporary supports and staging.

g) Marking arrangements for providing all facilities for

i) Conducting ultrasonic x-ray or gamma ray tests by reputed testing laboratories

ii) Making available test films / graphs, with reports / interpretation.

h) Rectifying at site damaged portions of shop primer by cleaning and application

touch-up paint.

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i) Erection of structures including making connections by bolts / High strength Friction

Grip bolts/welding as per drawing.

j) Alignment of all structures true to line, level plumb and dimensions within specified

limits of tolerance.

k) Setting of base plates of structures using steel wedges and shim plates after alignment

and leveling as per drawings. Bedding / grouting under base plates after proper

alignment of structures with approved grouting material. Supply of steel wedges and

shim plates is under the scope of work of the Contractor.

l) Application at site after erection, required number of coats of primer and finishing

paint as per specification and drawing.

m) Rectification of structures as per Preliminary acceptance report and Final acceptance

report.

3.2.0 STORING AND HANDLING

3.2.1 Storage of structures shall be preferably be done in such a manner that erection

sequence is not affected.

3.2.2 While storing, care shall be taken so that structures do not come in direct contact

with the earth surface and accumulated water. Girders, beams, columns shall be

placed and stored in such a manner that during rain, no accumulation of water on the

structures takes place.

3.2.3 Stacking of the structures shall be done in such a way that, erection marks are visible

easily and handling does not become difficult. Wherever required, wooden sleepers /

grilles may be used.

3.2.4 Handling and storage of materials shall be as per IS:7969-1975, to ensure safety.

3.3 ERECTION

3.3.1 GENERAL

a) Erection shall be carried out in accordance with IS:800:1984 and other relevant

standards referred to therein.

b) For safe and accurate erection of structural steelwork, staging, temporary support,

false-work etc. shall be erected as required.

c) The fabricated materials received at erection site shall be verified with respect of

marking on the key plan/marking plan or shipping list.

d) Any material found damaged or defective shall be stacked separately and the

damaged or defective portions shall be painted in distinct colour for identification

and the same shall be brought to the notice of the Owner.

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3.3.2 ERECTION DRAWINGS

The approved erection drawings and any approved arrangement drg, specification

or instruction accompanying them shall be followed in erecting structures.

3.3.3 ERECTION OF STRUCTURES

a) Erection work shall be taken up after receipt of clearance from the Owner.

b) For safety requirements during erection, provisions in IS:7205:1974,

IS:7969:1975 and other relevant Indian standards shall be followed.

c) Erection shall be carried out with the help of maximum mechanisation possible.

d) Prior to commencement of erection, all the erection equipment, tools, tackles,

ropes etc. shall be tested for their load carrying capacity. Such tests may be

repeated at intermediate stages also if considered necessary and frequent visual

inspection shall be done of all vulnerable areas and components to detect damages

or distress in the erection equipment, if any.

e) Following shall be taken care of during erection, whenever necessary:-

f) Temporary bracing, whenever required, shall be provided to sustain forces due to

erection loads and equipment etc. Erected parts of the structures shall remain

stable during all stages of erection when subjected to the action of wind, dead

weight and erection forces etc. Specified sequence of erection of vertical and

horizontal structural members shall be followed.

g) Erected members shall be held securely in place by bolts to take care of dead

load, wind load and erection load.

h) All connections shall achieve free expansion and contraction of structures

wherever provided.

i) No final bolting or welding of joints shall be done until the structure has been

properly aligned.

j) For positioning beams, columns and other steel members, the use of steel sledges

is not permitted.

k) Instrumental checking of correctness of initial setting out of structures and

adjustment of alignment shall be carried out in sequence and at different stages as

required. The final leveling and alignment shall be carried out immediately after

completion of each section of a building

l) All structural members shall be erected with erection marks in the same relative

position as shown in the appropriate erection and shop drawings.

m) The contractor shall design, manufacture, erect and provide false-work, staging

temporary support etc. required for safe and accurate erection of structural

steelwork and shall be fully responsible for the adequacy of the same.

n) The Contractor shall also provide facilities such as adequate temporary access

ladders, gangways, tools & tackles, instruments etc.to Owner for his inspection at

any stage during erection.

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3.3.4 FIELD CONNECTIONS

1) By permanent bolts.

a) The numbers of washers on permanent bolts shall not be more than two (and

not less than one) for the nuts and one for the bolt head.

b) Wooden rams or mallet shall be used in forcing members into position in order

to protect the metal from injury or shock.

c) Where bolting is specified on the drawing, the bolts shall be tightened to the

maximum limit. The threaded portion of the each bolt shall be project

through the nut by at-least one thread. Tapered washers shall be provided for

all heads and nuts to achieve uniform bearing on sloping surface.

d) To prevent loosening of nuts, spring washers or lock- nuts shall be provided

as specified in the design/shop drawings.

e) All machine-fitted bolts shall be perfectly tight and the ends shall be checked

to prevent nuts from becoming loose. No unfilled holes shall be left in any

part of the structures.

2) By erection bolts followed by welding

a) All field assembly by welding shall be executed in accordance with the

requirements for shop fabrication. Where the steel has been delivered

painted, the paint shall be removed before field welding for a distance of at

least 50 mm on either side of the joints to be welded.

b) All other requirements in welding shall be in accordance with clauses

specified under Section-2 of this specification.

3) By High Strength Friction Grip Bolts (HSFG)

a) Assembly of structures with HSFG bolts shall conform to IS: 4000-1992.

b) The mating surfaces shall be prepared in accordance with the requirements of

design in order to achieve required properties to develop adequate friction

between the surfaces.

c) The mating surfaces shall be absolutely free from grease, lubricant, dust, rust

etc. and shall be thoroughly cleaned before assembly.

d) The nuts shall be tightened up-to the specified torque with the help of torque

-wrench or by half- turn method with the help of pneumatic wrench lever.

e) The direction of tightening of the nuts shall be from the middle toward the

periphery of assembly.

f) After desired tightening the bolt heads, nuts and edges of the mating surfaces

shall be sealed with a coat of paint to obviate entry of moisture.

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3.3.5 ACCEPTANCE STANDARD OF WELDING

Acceptance standard of welding shall be as specified in SECTION-2 of this

specification.

3.3.6 BEDDING AND GROUTING

1) Base plates shall be set to elevations shown on the drawings, supported aligned and

leveled using steel wedges and shims or by other approved methods. Plates shall be

leveled properly, positioned and the anchor bolts tightened.

2) Bedding/grouting shall be carried out until sufficient number of columns have been

properly aligned, leveled and plumbed and sufficient number of girders, beams,

trusses and bracings have been put in position to the satisfaction of Owner.

3.3.7 PAINTING AFTER ERECTION

a) The painting shall be as per painting specification (SECTION-III) of this standard)

and instruction given on drawings.

b) Site painting shall not be done in frosty or foggy weather or when humidity is such as

to cause condensation on the surface to be painted.

3.3.8 ERECTION TOLERANCES

Maximum permissible tolerances in erected steel structures shall be as given in

ANNEXURE-D.

3.3.9 ACCEPTANCE OF WORK

1) Acceptance of erected steel structures shall be either after completion of erection of

the whole building or in blocks.

2) Preliminary acceptance certificates will be given in the following cases:-

a) Any steelwork or part thereof embedded in concrete.

b) Steel structures which are to be covered in the process of carrying out further work.

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3.3.10 DOCUMENTATION

1) The following documents shall be prepared at the time of acceptance of erected

structures :

a) Documents showing actual deviations made during execution of erection work and

approval of competent authority.

b) Documents showing acceptance of embedded structures.

c) Certificate/documents on control checking and test of materials (if any ) and weld.

d) Data and result of geodetic measurements obtained while checking the erection of

the structures.

2) Copies of "As-Built" drawing showing thereon all additions and alternations which

took place between approval of drawing and erection of structures.

SECTION-4 : FABRICATION AND ERECTION OF MISCELLANEOUS STRUCTURES

4.0 CRANE RAILS & CRANE RAIL JOINTS

4.01 Only tested materials shall be used. Manufacturer’s test certificate,

including chemical analysis shall be supplied.

4.02 Rails shall be free from twists, pitting, laminations and other internal and

external defects. The rail shall be straight and the deviation from the

straightness shall not exceed +1.5 mm. If necessary, the rails shall be cold

straightened.

4.03 Unless otherwise specified, the crane rail joints shall be butt-jointed (either

by Thermit or fusion welding) or by fishplates as per

specification/drawings.

4.04 For butt-welding, the Contractor shall take prior approval of the Owner

regarding method of edge preparation, welding procedure and sequence of

welding to be done. Edge preparation shall be done by oxyacetylene flame

and shall be neatly finished by chipping and grinding.

4.05 All position low hydrogen electrodes conforming to IS: 814-1991 shall be

used for welding. The rail ends shall be pre-heated to 250 deg.C before

welding. The electrode shall be preheated as per manufacturer’s

instructions. The welded joint shall be allowed to cool slowly. It is

recommended that the initial and intermediate layers of deposits may be

built by using ferron V, Super chord or equivalent. Top 3 mm layer shall be

deposited with Duroid 2A or equivalent, to obtain good wearing surface.

23

4.06 The joints shall be free from kinks, twists ,etc. and shall be ground properly

after welding to ensure smooth running of the crane.

4.07 Method of securing the crane rails to the crane gantry, alignment and

expansion joints, if any, shall be subject to Owner’s approval. The crane rail

clips shall be preferable forged or pressed from steel plates.

SECTION-5 : ROOF AND SIDE CLADDING WITH CORRUGATED GALVANISED

STEEL SHEETS (GCS)

5.1 The scope of work shall cover:

a) Preparation of drawings showing layout and size of sheets used, details of connections

and flashings, bill materials.

b) Procurement and supply sheets of all gauges and sizes, flashings and fittings like corner

pieces, apron pieces, ridges ( unless supplied as free issue item by Owner); cutting and

bending of sheets wherever required; drilling of holes all as per specification and

drawings.

c) Procurement and supply of GS hook bolts and nuts, GI stitch bolts and nuts, clips,

bitumen washers, GS diamond or limpet washers.

d) Loading, transportation, unloading and delivery of sheeting material from place of

procurement to erection site.

e) Provision of all tools, tackles, equipment. labour supervision and services required for the

satisfactory completion of the work specified herein and on the drawings.

f) Erection in position sheets for roofing, walling, louvres; erection of all flashings, fittings

like ridges, valleys, gutters, corners, apron etc. at all locations all work as per drawings

and specifications.

5.2 All necessary galvanised flashings, ridging, capping, gable and corner trimming shall be

made from galvanised plain sheets in line with the gauge of roof/side covering where it is

used. Where connection between two different gauge sheetings is involved thickness

corresponding to lower gauge shall be used.

Steelwork coming in direct contact with aluminium sheets shall be treated with two coats

of zinc based primer and one coat of aluminium paint as topping coat.

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5.3 Fixing of sheets

5.3.1 All fixing of the roof and side sheeting to purlins shall be by means of 8 mm dia

galvanised hook bolts and clips. All fixing accessories shall conform to IS:730-1978.

5.3.2 All bolts shall pass through the crown of the corrugations for roof sheets and through

trough corrugations for side sheets. GCS sheets are to be provided with galvanised steel

diamond or limpet washer over bituminous felt washer. Aluminium sheets shall be

provided with aluminium curved / flat washers over neoprene / bituminous felt washers.

Fixing too the purlins shall be provided through at least every fourth corrugation for

GCS sheets. Hook bolts shall be placed at a maximum of 3 pitches apart for troughed

aluminium sheets.

5.3.3 All sheets shall be stitched together by 6 mm dia. galvanised screw and nuts at 300 mm

centres. In case of double side lap the pitch has to be staggered between alternative

crowns. A steel washer and bitumen felt washer is to be provided under the head of the

screw which shall always be on the outside of the building.

5.3.4 Suitable Wind Ties (galvanised steel flats) shall be provided after fixing of sheets, at the

free edge of sheeting.

5.4 Holing

In general all holes for sheetings and flashings are to be drilled at site or punched from

the bottom side of the crown. The method of drilling shall be such that the material fits

snugly together at laps to allow washers to have a good seating.

5.5 Laps

5.5.1 All roofing shall be provided with one and a half corrugation side lap and 230 mm end

lap for roof slopes 15 ° and below. For roof slopes above 15° end laps may be reduced to

150 mm.

5.5.2 All side/gable end sheets shall be provided with single corrugation side lap and 100 mm

end lap.

5.5.3 Overhang of sheets on the roof and side cladding shall not exceed 300 mm.

5.6 Erection

5.6.1 Erection is to be carried out with the lay of the side laps such that under the prevailing

wind, rain is not driven into the lap. The sheets shall be laid so that side laps in any two

consecutive rows are staggered.

5.6.2 Broken or otherwise damaged sheeting shall not be erected.

5.6.3 Cutting, framing and trimming of all openings required shall be carried out at site.

25

SECTION – 6 : SIDE CLADDING WITH CORRUGATED FIBRE REINFORCED

TRANSLUCENT SHEETS

6.1 The scope of work shall cover :-

a. Preparation of drawings showing layout and size of sheets used, details of connections

and flashing and Bill of materials.

. Procurement and supply of sheets of 1.5 mm thickness and required sizes, flashing and

fittings like corner pieces, apron pieces, ridges, cutting of sheets wherever required,

drilling of holes ,etc. as per specification and drawings.

b. Procurement and supply of GI hook bolts and nuts, GI stitch bolts and nuts, clips,

bitumen washers, GI diamond or limpet washers.

c. Loading, transportation, unloading and delivery of sheeting material from place of

procurement to erection site.

d. Provision of all tools, tackles, equipment, labour, supervision and services required for

the satisfactory completion of the work specified herein and on the drawings.

e. Erection in position of sheets for walling, and erection of all flashing, fittings like

corners, aprons ,etc. at all locations, all work as per specification and drawings.

6.2 FIXING OF SHEETS

6.2.1 All fixing of the side sheeting to purlins shall be by 8 mm diameter galvanised hook

bolts and clips. All fixing accessories shall conform to IS: 730-1978.

6.2.2 All bolts shall pass through the trough corrugations. Translucent sheets are to be

provided with galvanised steel diamond or limpet washer over bituminous felt washer.

Fixing to the purlins shall be provided through at least every fourth corrugation for

translucent sheets.

6.3 AREA OF SHEETING

Minimum 15% of the area of walling shall be covered with translucent sheets.

6.4 PROFILE OF CORRUGATION

The profile of corrugation of translucent sheets shall exactly match with that of adjacent

GCS sheets.

6.5 Holing

In general all holes for sheeting and flashing are to be drilled at site from the bottom side

of the crown. The method of drilling shall be such that the material fits snugly together

at laps to allow washers to have a good seating.

26

6.6 Laps

6.6.1 All roofing sheets shall be provided with one and a half corrugation side lap and 200

mm end lap for roof slopes of 15 degrees and below. For roof slopes above 15 degrees

end lap may be reduced to 150 mm.

6.6.2 All side/ gable end sheets shall be provided with single corrugation side lap and 100 mm

end lap.

6.6.3 Overhang of sheets on the roof and side cladding shall not exceed 300 mm.

6.7 Erection

6.7.1 Erection is to be carried out with the lay of the side laps such that under the prevailing

wind, rain is not driven into the lap. The sheets shall be layed so those side laps in any

two consecutive holes are staggered.

6.7.2 Broken or otherwise damaged sheeting shall not be erected.

6.7.3 Cutting and trimming of all openings required shall be carried out at site.

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SECTION-7 : PAINTING OF STEEL STRUCTURES

7.1 SURFACE PREPARATION FOR PAINTING

7.1.1 General

The steel surface which is to be prepared shall be cleaned of dirt and grease and the

heavier layers of rust shall be removed by grinding prior to Actual surface preparation to

a specified grade.

Surface preparation to be followed prior to painting shall be based on the requirement of

a particular painting system as per clause 31.0. One of the following specifications for

surface preparation is to be followed as per requirement.

7.1.2 Mechanical Cleaning

Manual/power tool cleaning.

Manual/power tool cleaning shall be done as per grade St-2 or St-3,of Swedish Standard

Institution SIS 055900.

i) Grade St-2: Thorough scraping and wire brushing, machine brushing, grinding etc. This

grade of preparation shall remove loose mill scale, rust and foreign matter. Finally the

surface is to be cleaned with a vacuum cleaner or with clean compressed air or with

clean brush. After preparation, the surface should have a faint metallic sheen. The

appearance shall correspond to the prints designated St-2.

ii) Grade St-3: very thorough scraping and wire brushing, machine brushing, grinding etc.

The surface preparation is same as for grade St-2 but to be done much more thoroughly.

After preparing the surface, it should have a pronounced metallic sheen and correspond

to the prints designated St-3.

7.1.3 Blast Cleaning

Blast cleaning shall be done by sand blasting or shot blasting as per following grades

according to Swedish Standard SIS 055900.

(i) Grade Sa-2 .This involves light blast cleaning. Almost all mill scale, rust and foreign

matter shall be removed. Finally the surface is cleaned with a vacuum cleaner, clean dry

compressed air or a clean brush. The surface shall look greyish in colour and

correspond in appearance to the prints designated as Sa-2.

(ii) Grade Sa 2½ : This involves very thorough blast cleaning. Mill scale, rust and foreign

matter shall be removed to the extent that the only traces remain in the form of slight

stains. Finally the surface is cleaned with a vacuum cleaner, clean dry compressed air or

a clean brush. It shall then correspond in appearance to the prints designated as Sa 2½.

28

(iii) Grade Sa-3: This involves blast cleaning to pure metal surface. Mill scale, rust and

foreign matter shall be removed completely. Finally the surface is cleaned with a

vacuum cleaner, clean dry compressed air or a clean brush. Then the surface shall have a

uniform metallic colour and correspond in appearance to the print designated as Sa-3

For details of sand blasting and shot blasting, refer ANNEXURE-F.

7.1.4 Flame cleaning

Flame cleaning shall also be carried out with the help of a special oxy-acetylene torch

and the loosened mill scale shall be removed with a wire brush. This process is not

recommended for cleaning steel sheet or plates less than 6 mm in thickness as it may

lead to buckling .The number of flame passes on such surface shall be limited to three.

The primer coat of paint shall be applied when the surface is still warm, after removing

the scales with brushing and wiping.

7.1.5 If no grade of surface preparation is specified, Grade St-2 as specified in 7.2.1 shall be

followed.

7.2 PAINTS AND PAINTING

7.2.1 For use of specific painting system, the paint manufacturer's specification shall prevail.

7.2.2 General compatibility between primer and finishing paints shall be established through

the paint manufacturer supplying the paints.

7.2.3 Before buying the paint in bulk, it is recommended to obtain sample of paint and

establish "Control Area of Painting". On control area surface preparation and painting

shall be carried out in the presence of manufacturer of paint.

7.2.4 In order to ensure that the supplied paint meets the stipulation in design drawing/

specification, if required, samples of paint shall be tested in laboratories to establish

quality of paint with respect to (i) Viscosity (ii) adhesion/ bond of paint in steel surfaces

(iii) adhesion/simulated salt spray test (iv) chemical analysis (percentage of solids by

weight) (v) normal wear resistance as encountered during handling & erection (vi)

resistance against exposure to acid fumes etc.

7.2.5 Whole quantity of paint for a particular system of paint shall be obtained from the same

manufacturer.

7.2.6 Thinners, wherever used, shall be as per recommendation of the paint manufacturer.

7.2.7 Areas which become inaccessible after assembly of structures shall be painted before

assembly, after cleaning the surfaces as specified.

29

7.2.8 Wherever shop primer painting is scratched, abraded or damaged, the surfaces shall be

thoroughly cleaned using emery paper and power driven wire brush wherever warranted,

and touched up with corresponding primer. Touching up paint shall be matched and

blended to eliminate conspicuous marks.

7.2.9 If more than 50% of the painted surface of an item requires repair, the entire item shall

be mechanically cleaned and new primer coats shall be applied followed by finishing

coats as per painting specification.

All field welded areas on shop painted item shall be mechanically cleaned (including the

weld area proper, adjacent areas contaminated by weld spatter or fumes and areas where

existing primer. intermediate / finishing paint is burnt). Subsequently, new primer and

finishing coats of paint shall be applied as per painting specification.

7.2.10 Application of paint shall be by spraying or brushing as per IS:487-1985 and in uniform

layers of 50% overlapping strokes. Painting shall not be done when the temperature is

less than 5°C or relative humidity more than 85%, unless manufacturer's

recommendations permit. Also painting shall not be done in frosty or foggy weather.

During application, paint agitation must be provided wherever such agitation is

recommended by the manufacturer.

7.2.11 Paint shall be applied at manufacturer's recommended rates. The number of coats shall

be such that the minimum dry film thickness (DFT) specified is achieved. The dry film

thickness of painted surfaces shall be checked with ELCOMETER or measuring gauges

to ensure application of specified DFT.

7.2.12 All structures shall receive appropriate number of primer and finishing coats in order to

achieve overall DFT as per design drawings/ specifications. First coat of primer paint

shall be applied not later than 2-3 hours after preparation of surface, unless specified

otherwise.

7.2.13 The finishing paint as specified shall be of approved colour and quality. The under coat

shall have different tint to distinguish the same from the finishing coat.

7.2.14 Edges, corners, crevices, depressions, joints and welds shall receive special attention to

ensure that they receive painting coats of the required thickness.

7.2.15 Machine-finished surface shall be coated with white lead and tallow before shipment or

before being put into the open air.

7.2.16 Parts of surfaces embedded in concrete shall be thoroughly cleaned of grease, rust, mill

scale etc. and shall be given a protective coat of Portland cement slurry immediately

after fabrication. No paint shall be applied on this part.

7.2.17 Zinc-rich primer paints, which have been exposed several months before finishing coat

is applied, shall be washed down thoroughly to remove soluble zinc salt deposits. In

similar circumstances, the surfaces of paint based on epoxy resin should be abraded or

lightly blast cleaned to ensure adhesion of next coat.

7.2.18 Surfaces which cannot be painted but require protection shall be given a coat of rust

inhibitive grease according to IS:958-1975 or equivalent international standard.

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7.3 PAINTING SYSTEM

The recommended painting system for general service requirement of steel structures

covering surface preparation, application of primer coats, intermediate coats (if

necessary) and final coats to develop the required minimum dry film thickness on steel

surface is indicated in ANNEXURE-E.

31

SECTION-8 : SPECIAL CONDITION OF CONTRACT

8.1.0 QUOTATION

8.1.1 The bidder should ascertain himself, by a visit to the site if necessary, the actual site

conditions, local factors etc. The Contractor shall bear full responsibility for deductions

and conclusions as to the nature and conditions under which the work is to be executed,

including effect of climate, rainfall etc. Failure to do so will not absolve the Contractor

of his responsibilities about the proper execution of the job. No claims for extra

payments due to any special site conditions and ignorance of site conditions will be

considered after the acceptance of his quotation.

8.1.2 The contractor shall indicate his price as per Schedule of Quantities given in

ANNEXURE-F, as applicable.

8.1.3 The enclosed bid drawings are deemed to be sufficient for the bidder to assess the nature

and quantity of work involved and to quote his prices for the above job. No payment on

account of deviations from the bid drawings will be admissible.

8.1.4 The cost of MS bolts (permanent and erection), washers, electrodes, putty, gases, cost of

straightening the raw materials (hot bending not permitted), cutting of flats from plates

and providing splices, paints, tool, plants, etc. as required for the work shall be deemed

to be included in the quoted price.

8.1.5 All handling and transport charges of raw materials and fabricated structures, including

double handling if required, for completion of the work in accordance with time

schedule are deemed to be included in the quoted price.

8.1.6 Cost of NDT of welds as per specification shall be borne by the Contractor. For the

welds found defective, the cost of retest shall be borne by the contractor in addition to

the cost of rectification or replacement of the defective part.

8.2 DIVISION OF WORK

8.2.1 Owner shall have the right to divide and award the work in this Invitation to Bid, to

more than one Bidder.

32

8.3 PROGRAMME

8.3.1 A monthly time bar chart for various activities like procurement of steel, preparation and

approval of fabrication drawings, fabrication, despatch to site, erection and alignment,

sheeting and painting etc. giving starting and completion dates of all activities, shall be

submitted alongwith the bid without which the bid may not be considered for

evaluation.

8.3.2 The contractor shall also furnish his overall planning of construction programme, the

capacity of equipment he proposes to deploy on various components of work etc. for

prior approval of Owner.

8.3.3 All programmes on procurement of raw steel and other materials, preparation of

drawings, fabrication and despatch shall match with the sequence of erection of different

structural components and different building/units, of the project as per network

planning.

8.3.4 The Owner may change or alter the detailed working programme for the sequence of

work and for the fabrication of components of structures, within the frame work of the

agreed schedule, which will be binding on the Contractor.

8.3.5 If due to design or other stipulations in the bid or requirements at site, a particular

sequence of overall construction has to be followed due to which certain interruptions to

any one or more items of work are inherent, no claims for such interruption will be

admissible.

8.4 DRAWINGS

8.4.1 The Contractor will be supplied with two copies of design drawings by the Owner.

8.4.2 Based on the design drawings, the Contractor shall prepare general

arrangement/marking drawings, fabrication drawings, erection drawings, bill of

materials, shipping documents and nut and bolt lists. Bill of materials shall form part of

fabrication drawings and shall be included in the body of the drawing or prepared

separately. Two copies of drawings and documents shall be submitted to the Owner for

their scrutiny and approval. One set of the Fabrication drawings will be returned to the

Contractor with a stamp signifying "Approved", "Approved as noted" or "Not

Approved" on the drawing. After the final approval by the Owner the Contractor shall

furnish to the Owner within 2 weeks....copies of the approved Fabrication drawings, and

erection drawings.

8.4.3 Despite approval of Owner, Contractor shall not be relieved of his responsibilities for the

accuracy of the detailed dimensions shown thereon and the safety of all structural

connections as per forces indicated in the design drawings.

33

8.4.4 Soon after the fabrication of steel work pertaining to a particular drawing is completed,

immediate steps shall be taken by Contractor to incorporate in the approved fabrication

drawings, all the authorised corrections, additions and alterations made during the course

of fabrications and 2 sets of the same shall be submitted to Owner for his record.

8.4.5 Notes on specifications shown on design drawings shall be considered as superseding or

overriding the specifications given elsewhere, with which they conflict. On all drawings,

dimensions shown in figures shall be acted upon.

8.4.6 Two sets of erection drawings shall be submitted to the Owner showing thereon all

authorised additions and alterations during the process of erection. These drawings

together with drg under clause 8.4.2 shall be treated as "As Built" drawings.

8.4.7 Supply and distribution of fabrication drawings and other documents like bolt list, etc.

for the Contractor's own use or for the use of his Sub- contractors shall be the

responsibility of the Contractor.

8.5 MATERIAL

8.5.1 The Contractor shall arrange and procure all steel sections, plates, GCS sheets,

translucent Sheets, flashings, fixtures and fittings required for sheeting, all the

consumables like bolts, turned and fitted bolts, nuts including spares and service bolts,

washers of different types, electrodes, gas, shims, packs, paints, etc. for completing the

work satisfactorily and the cost of the same shall be deemed to have been covered in his

quoted price.

8.5.2 If assistance is required by the Contractor in obtaining permits/proprieties in allotment of

controlled/scarce materials, if any, the same may be extended by the Owner by way of

issue of recommendation letter, essentiality certificate etc. to Government Authorities.

Delay, if any, in obtaining the materials will not constitute a ground for claiming any

compensation or extension of time.

8.5.3 Where any raw materials required for the execution of the contract is procured with the

assistance of the Owner or permit /license /quota certificate or release order issued by or

on behalf of or under authority of Owner or by any officer empowered on their behalf by

law, or where advance payments are made to the Contractor to enable him to purchase

such raw material for execution of work, the Contractor:-

i) Shall hold such materials as trustee for the Owner.

ii) Shall use such materials economically and solely for the purpose of the contract.

iii) Shall not dispose of the same without prior permission in writing from the Owner.

iv) Shall maintain and produce due documents indicating stock position / consumption

of such materials from time to time, as required by Owner.

34

8.5.4 The Owner may plan to procure and supply from the producers/stockyards major items

of structural steel such as RS Joists, channels, angles, plates etc., required for the work.

In that case these will be supplied to the Contractor in the indented lengths or standard

lengths available, as received from the suppliers.

8.5.5 When material is issued from Owner's stores, the Contractor shall be responsible for

taking delivery at the stores and make his own arrangement for transporting the

materials to the place of work.

8.5.6 Owner reserves the right to take back such sections or quantity of steel issued in excess

of the quantity as per Fabrication drawings plus permissible wastage. The Contractor

shall return to the Owner all such steel supplied in good and acceptable condition. In

case of failure of the Contractor to return such surplus steel on demand by Owner,

Owner reserves the right to recover the cost of such steel at 20% above the prevailing

SAIL's stockyard rates inclusive of all taxes.

8.5.7 In case the steel is procured by the Contractor, test certificates for the same shall be

made available to the Owner.

8.6 WASTAGE

8.6.1 For the purpose of accounting of materials supplied by Owner, free or on cost

recoverable basis, the following wastage including rolling margin, invisible wastage and

cut pieces of less than one metre length and plates with lesser dimension less than 300

mm shall be allowed.

a) Structural Steel : i) Sections - 5% on the quantity by weight computed, based on

Fabrication drgs.

ii) Plates - 7.5% on the quantity by weight computed, based on

Fabrication drawings.

b) Other materials : 5% on the quantity by weight computed, based on

manufacturing drawings.

All cut pieces after allowing for invisible wastage (cutting and burning losses) of maximum

0.5% , shall be returned to the Owner.

8.7 CONTRACTOR'S RESPONSIBILITY

The Contractor shall at his own cost properly store all materials brought by him to the

work site/ Fabrication shop to prevent damage due to rain,wind, direct exposure to sun

etc. and also from theft pilferage etc.

35

8.8 EQUIPMENT

All construction and equipment once brought by the Contractor within the Project Area,

are not to be removed from there without the written authority from the Owner.

8.9 DESPATCH OF FABRICATED MATERIALS

The Contractor is solely responsible for any loss or damage during transit to any of the

fabricated members, and as such proper precautions shall be taken by him to guard

against such mishaps.

8.10 SETTING OUT

8.10.1 The Contractor shall be responsible for checking the alignment and levels of

foundations, correctness of foundation, centres of anchor bolts etc. well in advance of

starting erection work and shall be responsible for any consequence for non-compliance

thereof. Discrepancies, if any, shall immediately be brought to the notice of the Owner.

Any mistake subsequently found in alignment and levels of the structural steelwork due

to non-verification of foundation before erection shall be corrected by the Contractor at

his own expense.

8.10.2 One set of reference axes and one bench mark level will be rurnished to the Contractor.

These shall be used for setting out of structures. Maintenance of such bench mark level

shall be the responsibility of the Contractor.

8.10.3 The Contractor at his own expenses shall provide measuring instruments for setting out,

leveling and aligning steelwork.

8.11 STAGING

Any staging necessary for the pre-assembly work of structures shall be provided by the

Contractor at his own expense.

8.12 RULES & REGULATIONS OF SAFETY, ELECTRICITY BOARDS, FACTORY

ETC.

The Contractor shall at all times comply with all relevant factory acts, electricity rules,

safety regulations etc. as per statutory regulations of Central / State Government.

8.13 DEVIATIONS

Should the Contractor wish to deviate from any specification or details shown on the

Owner's approved drawings and / or Technical Specifications, he shall obtain the

Owner's written authority before proceeding with the deviations.

36

8.14 BASIS OF PAYMENT

The Tenderer shall give the break-up prices as required in the Schedule of Items. As the

quantities mentioned are estimated quantities, payment will be made on the actuals as

per the agreed rates.

8.15 EXTRA ITEMS

Works which are not included in the schedule of items but which are required to be

carried out for completion of the project, shall be carried out as per specifications,

drawings, and /or sketches to be issued by the Owner. The payment for such items shall

be based on rates to be derived wherever possible from available agreed rates. If such

derivation of rates is not possible, the rates for such items shall be derived on the basis of

actual cost of materials, labour and transportation, which shall be substantiated with

relevant documents and records by the Contractor and verified by the Owner or his

authorised representatives. An overall margin of 15 % towards cost of overhead and

profit will be allowed.

8.16 MEASUREMENTS

8.16.1 Structural Steel

Structural steelwork will be measured by the metric tonne and as per IS:1200 (part-8)-

1993 and IS:1200 , (part-9)-1973 subject to provisions outlined below:-

a) The calculation of quantities shall be based on unit on weights for structural sections

as given in IS:808-1989 . In the case of mild steel/SAIL-MA Steel plates, the calculated

weights shall be based on 78.5 kg per square metre per centimetre thick plate. The

payments will be made on the basis of weights of members given in the approved

fabrication drawings. However, any changes on the above weights during fabrication

erection, payment shall be based on sketches Approved by the Owner.

b) In the event the I.S. does not specify any mode of measurement for a particular item of

work, the same shall be measured as per any other relevant international standard or as

directed by the Owner.

c) The weight of all plates and sections shall be calculated from the approved drawing

using the minimum overall square or rectangular dimensions and theoretical weight, no

deduction being made for skew cuts, holes etc. In the case of plates, other than gussets,

the actual dimensions shown on approved drawings will apply unless approved

otherwise by the Owner based on cutting diagram of mother plates.

d) The weight of all welding runs, bolt, stanchion base packing, cuttings to waste and

rolling margins, and coatings of paint, will be excluded from the measured weight and

shall be deemed to have been allowed for in the rates for structural steelworks quoted by

the Contractor.

e) Temporary works and all other materials not included in the permanent works shall be

excluded from any measurement for payment.

37

8.16.2 Sheeting Works

a) Sheeting for roof slopes, louvres of big size and side cladding shall be measured by

the square metre of net laid area, as specified and shown on the drawings.

b) No allowance shall be made for wastage, cut-outs, overlaps etc. in the measurement.

c) The unit of measurement as specified, shall include all fasteners, flashings and

fittings such as ridges, corners, aprons and other accessories.

d) No deductions shall be made for openings for area less than a single sheet. Also no

extra payment will be made for making opening and installing ventilation chimneys

on roof.

1 of 1

ANNEXURE-A

Permissible deviations in each group of

holes

Low Alloyed Steel Description

Hole

diamete

r (mm)

Permissible

deviations

in spacing

(mm) Mild Steel

Rivets Bolts

Deviation in the hole

diameter

Upto 17

Above

17

+1

+1.5 No limits

Ovality (difference

between the biggest and

the smallest dia)

Upto 17

Above

17

+1

+1.5 No limits

Curves, exceeding 1 mm

and cracks on the hole

edges

Not

Permissible

Non-coincidence of holes

in separate details of the

assembled unit,

• upto 1mm

• 1-1.5 mm

Upto 50%

Upto 10%

Upto 10%

Not Perm.

Upto 50%

Upto 10%

Slope of axis * No limits Upto 20% No limits

* Upto 3% of the thickness of unit but not exceeding 2mm in case of automatic and 3mm in

case of manual pneumatic riveting. Anything exceeding the above mentioned figures is not

permissibl

1 of 1

ANNEXURE -B

TOLERANCE OF ASSEMBLED COMPONENTS OF STRUCTURES

Deviation(±) in mm for the Elements of

Structures (Length in Metres) Description of

Components of Structures <1 1-5 5-10

10-

15

15-

20

20-

25 >25

Deviations from the dimensions

assembled.

Length & width of the Details Cut :

• Manual gas Cutting as per

marking

• With shears or with a saw as per

marking

• With shears or saw with a stop

• Machine Gas Cutting

Length and width of planed ends

processed on Edge Planing Machine

3

2

1.5

2

1

3.5

2.5

2

2.5

1.5

4

3

2.5

3

2

4.5

3.5

3

3.5

2.5

5

4

3.5

4

3

-

-

-

-

-

-

-

-

-

-

Distance between the Centres of the

End holes

• Drilled according to marking

• Drilled according to a gauge

with bushing

2

1

2.5

1.5

3

2

3.5

2.5

4

3

-

-

-

-

Distance between the centres of

Adjacent holes

• Drilled according to marking

• Drilled according to a gauge

with bushing

1.5

0.5

-

-

-

-

-

-

-

-

-

-

-

-

Deviation in the dimensions of

despatch elements after completion

of fabrication, assembled in

positioners or in other devices with

clamps in fixed positioners and also

• According to guide blocks with

pins

• Assembled with bolts

• Size (length & width) between

Milled surface (for all cases of

assembly)

• The same made in separate

details during machining &

fixed during the assembling

work with clamps

• The same drilled according to

positioners in finished structures

2

3

1

2

1

3

5

1.5

3

1.5

5

8

2

5

2

7

11

2.5

7

2.5

8

12

3

8

3

9

14

3.5

9

3.5

10

15

4

10

4

1 of 1

ANNEXURE –C

EXTENT OF PERMISSIBLE DEVIATIONS IN ASSEMBLY OF WELDED

JOINTS

Description Permissible

Deviation

Diagram

1

Square Butt Joints

• Gap between the ends

of plates (d)

• Stepping of one plate

over the other (s)

±1 mm

1.0 mm

2

Single V-groove Joints

• Bevel angle (A)

• Gap betn. Two (d)


over the other (s)

• Root thickness (t)

±5o

±1.00 mm

2.00 mm

1.00 mm

3

Double V-groove Joints

• Bevel angle (A)

• Gap betn. Two (d)


over the other (s)

• Root thickness (t)

±5o

±1.00 mm

2.00 mm

1.00 mm

4

Lap Joints

• Overlap (B)

• Gap between the

surfaces (e)

5.00 mm

1.00 mm

5

Tee Fillet Joints

Gap between the edge of

the web and the surface of

the flange (e)

2.00 mm

1 of 3

ANNEXURE – D

TOLERANCES IN ERECTED STEEL STRUCTURES

A. COLUMNS

Sl. Description Tolerance (mm)

1.

Deviation of column axes at foundation top

level with respect to true axes in Longitudinal /

Lateral direction.

± 5

2.

Deviation in the level of bearing surface of

columns at foundation top with respect to true

level

± 5

3.

Out-of-plumbness (vert.) of column axis from

true vertical axis and measured at column top :

a) For columns without any special

requirements :

• Up to and including 30m

• Over 30 m height

b) For column with special requirements

like cranes or such similar requirements :

• Up to and including 30m

• Over 30 m height

± H/1000 subject to ± 25mm

maximum


maximum


maximum


maximum

4.

Deviation in straightness in longitudinal &

transverse planes of columns, at any point

along the height.


maximum

5.

Difference in the erected position of adjacent

pairs of columns along length or across width of

building, prior to connecting trusses / beams,

with respect to true distance.

± 5

6.

Deviation in any bearing or seating level with

respect to true level.

± 5

7.

Difference in bearing levels of a member on

adjacent pair of columns both across and along

the building, from the true difference.

± 5

Note : Tolerance specified under 3(a) and 3(b) should be read in conjunction with 4 and 5.

"H" above is the column height in mm.

2 of 3

B. TRUSSES

S.

N

Description Tolerance (mm)

1.

Shift, at the centre of top chord member of truss

with respect to the centre of span or vertical

plane passing through the centre of bottom

chord.

± 1/250 of height of truss in mm at

centre of span subject to ± 15mm

maximum.

2.

Lateral shift of top chord of truss at the centre

of span from the vertical plane passing through

the centre of supports of the truss

± 1/1500 of span of truss in mm

subject to ± 10mm maximum.

3.

Lateral shift in location of truss from its true

vertical position.

± 10

4. Lateral shift in location of purlins from true

position

± 5

5.

Deviation in difference of bearing levels of

trusses or beam from the true difference.

± L/1200 subject to ± 20mm

maximum.

(where L=span)

C. CRANE GIRDERS & RAILS

S.

N


1. Shift in the centre line of crane rail with respect

to centre line of web of crane girder.

± (web thickness in mm + 2 ) / 2

2. Shift in plan of alignment of crane rail with

respect to true axis of crane rail at any point.

± 5

3. Deviation in crane track gauge with respect to

true gauge

• For track gauge up to and including 15 m.

• For track gauge more than 15 m.

± 5

± ( 5+0.25(S-15) ), subject to

maximum

of +10 mm, where S in metres is the

true track gauge

4. Deviation in the crane rail level at any point

from true level

± 10

5. Difference in levels between crane track rails

(across the bay) at

• Supports of crane girders

• Mid span of crane girders

15

20

6. Relative shift of crane rail surfaces at a joint in

plan and elevation

2 mm subject to grinding of surfaces

both for smooth transition

7. Relative shift in the location of crane stops

(end buffers) along the crane tracks, along

track gauge.

1/1000 of track gauge in mm subject

to maximum of 20 mm

3 of 3

D. CHIMNEY & TOWERS

S.

N


1. Out-of-plumbness vertically from the true

vertical axis

1/1000 of the height

E. BUNKERS

S.

N


1. Deviation in length of bunker from true length ± 1/1000 of length

2. Deviation in width of bunker from true width ± 1/1000 of width

3. Deviation in height of bunker from true height ± 1/1000 of height

NOTES : -

1. The tolerances specified do not apply to steel structures where deviations

from true positions are intimately linked with or directly influence the

technological process. In such cases, the tolerances on erected steel structures

shall be as per recommendations of process technologists / equipment

suppliers.

2. The observed or calculated values of deviations of steel structures from their

true positions shall be rounded off in accordance with IS:2-1960 for

comparison with permissible tolerances specified in this table. The number of

significant places retained in the rounded-off value should be same as that

specified in this table.

1 of 1

ANNEXURE – E

CHOICE OF PAINTING SYSTEM

1. PAINT SYSTEM-P1 (General service paint without intermediate coat, for Inland

structures without corrosive chemical environment).

i) Surface preparation :-St-2 acc. to Swedish Standard SIS055900.

ii) Primer paint :- Two coats of zinc phosphate in phenolic alkyd medium (DFT = 35

microns/coat).

iii) Finishing paint :- Two coats of synthetic enamel (DFT=25 microns/coat)

conforming to IS:2932 -1974.

2. PAINT SYSTEM-P2 (Heat resistant paint for range of temperature = 80°C -

200°C)

i) Surface preparation :- Sa-21/2 acc. to Swedish Standard SIS055900

ii) Painting :- One coat of heat resistant black/aluminium paint on cleaned cold surface

only (DFT = 15-20 microns), before despatch from shop. Subsequently, apply two

coats of same paint (DFT =15-20 microns/coat) after erection.

Note :- For paint system P-2 (ie. heat resistant paints), application of paint by brush is

recommended.

1 of 1

ANNEXURE- F

SPECIFICATION FOR SURFACE PREPARATION WITH SAND

BLASTING/SHOT BLASTING

1.0 Sand Blasting

1.1 The sand used for sand blasting shall contain not less than 94% SIO2. Dried sand

with moisture content not exceeding 2% shall be used. sand shall be sharp clean

and free from clay and other deletarious materials.( Grain size 0.6mm-2mm)After

sand blasting the surfaces shall have appearance as mentioned in the grade of

surface preparation.

1.2 Sand blasting shall be done with the help of compressed air at a gauge pressure of

approx 3 kg/cm2. The blasting nozzle shall be held not more than 20 to 30 cm from

the surface being cleaned and the angle between the nozzle and the surface shall be

around 75°.

1.3 The compressed air to be used for sand blasting shall be clean of all traces of oil

and water by passing it through an oil and water separator. To check that the air

blast is free of oil and water, its stream shall be directed towards a sheet of white

filter paper which should not develop any spot of oil or water after a period of

minimum 30 seconds. This check on the satisfactory working of oil and water

separator must be carried out before start of every shift.

2.0 Shot Blast Cleaning

In this process, abrasive particles are directed at high velocity against the metal

surface through compressed air or high pressure water thrown by centrifugal

force from an impeller wheel. The abrasives used are chilled iron grit, cut steel

wire, copper/iron slag etc. The procedure of shot blasting shall be as per relevant

Indian Standards.

Page 1 of 4

ANNEXURE- G

BILL OF QUANTITIES

Preamble To The Bill Of Quantities 1. The work comprised in the contract generally consists of structural steel and cladding

work for BOF & CCP complete in all respects as shown in the drawings and as indicated in the specifications and Bill of Quantities.

2. The Tenderer shall carefully go through the clauses in the Invitation to Tender ,

Articles of Agreement, General and Special Conditions of Contract , Specifications , Bill of Quantities , Drawings , and , visit the site and shall include in his rates any sum he may consider necessary to cover the fulfillment of various clauses contained therein. The items of work and the unit prices stated in the Bill of Quantities shall be inclusive of everything necessary to complete the said items of work within the contemplation of the Contract and, beyond the unit prices no extra payment will be allowed for any incidental or contingent work, labour, tools, plant, and machinery. Dismantling of existing structures and sheeting wherever involved, shall be done within the shut-down time. All necessary clearances and shut-downs shall be taken from works (Operation department) by the contractor in consultation with the Site-Engineer wherever required, during the execution of the subject work, and all safety precautions shall be taken to suit site condition and as per the safety norms of the Safety Engineering department.

3. The quotation as submitted by the Tenderer is based on the probable quantities of

the several items of work which are furnished for the Tenderer’s convenience in the Bill of Quantities and it must be clearly understood that the contract is not a lump-sum contract , that neither the probable quantities nor the values of the individual items, nor the aggregate value of the entire tender will form part of the contract and , the Owner does not in any way assure the Tenderer , or guarantee , that the probable quantities are correct or , that the work should correspond thereto.

4. Rates for all items of work are to filled-up by the Tenderer in figures as well as in

words, and in ink , and in English langauge , and corrections if any , must be initialled by the Tenderer.

5. All steel shall conform to I.S. 2062-1999, I.S. 961, SAIL-MA-350 HYA, TATA –LA –

55 and I.S. 8500 and any other special steel if specified. However the actual type of steel shall be as shown in the relevant approved drawings. Similarly, all electrodes shall conform to IS: 814, IS: 815 and / or as specified in the relevant approved drawings and specifications to match the respective quality of steel.

6. No change in the unit rate will be admissible for any variation in quantities. All

measurements will be in metric units unless otherwise specified. 7. The classification of item no. for the purpose of payment for any of the steel

structures fabricated and erected by the contractor shall be made based on the description of the item no. given in the bill of quantities and as described in the preamble to the bill of quantities. However, in case of any ambiguity and / or difference of opinion between the Owner and the Contractor regarding the classification of the items, the decision of the Owner will be final and binding on the contractor.

8. The rates quoted in the bill of quantities shall also include, but shall not be limited to ,

the following :

8.1 Cost of transportation of construction plant, personnel etc. , to site and their withdrawal on completion of the works.

8.2 Storage of materials at site and hoisting and lowering to all levels.

Page 2 of 4

8.3 Supplying, transporting to site, unloading, protecting, handling and installation of materials in accordance with contract.

8.4 Accommodation of the Contractor’s staff and labour.

8.5 All freights, taxes levies, duties and royalties. 8.6 Insurance of works, construction plant and materials at site.

8.7 Necessary care and protection against damage to all equipment including

those supplied by the Owner and / or by the other contractors, if any.

8.8 All wastage. 9. Technical abbreviations used in the Bill of Quantities or elsewhere in the tender

documents are as follows : IS --- means --- Indian Standards Ton --- means --- 1000 kilograms mm --- means --- millimetres m or M --- means --- metre cu. m --- means --- cubic metres sq. m --- means --- square metres r m --- means --- running metre / linear metre No. --- means --- Number or each Do --- means --- Ditto M.S. --- means --- mild steel A.C --- means --- Asbestos cement G.C.S --- means --- Galvanised Corrugated Steel C.I --- means --- Cast Iron 10. Provided that where any provision of the specification is repugnant to or at variance

with, unless a different intention appears, the provision of the Bill of Quantities shall be deemed to override the provision of the specification and shall be to the extent of such repugnance or variation only.

BOQ

Sl.No Description Unit Qty

1 Fabrication: Taking delivery of raw steel materials from the stores/stock yard, transporting to site including loading & unloading, fabricating structural steel work including preparation of all fabrication drawings, complete in accordance with T.S, applying one coat of primer painting system as per drawings, specifications and directions of the engineer. All material (except raw steel which is issued free of cost by NINL) including all man power, equipment,material handling equipment, crane and hydra etc., consumables and bolts etc., if any to be under scope of agency. (All Structures including Purlins, laced purlins, side and gable runners and laced runners, , truss type tie girders, wind girders, used as floor beams, bin/hopper girders etc,w,Beams/ floor beams in building, raised floor,walk ways, gang ways etc., wall beams, Straight and curved monorail beams, Bracings such as coulumn bracings, crane girder level bracings, ties at various levels between columns/posts, Chequered steel plates, in floors, walkways, freely reovable panels , stair cases, platforms, gang ways, Hand railing comprising of mild steel tubular rails, angle posts, toe guards, in walk ways, stairs, along edges of floors, around floor openings, platforms, stair way landings etc.,Ladders, stair cases, stringers, pipe supporting stools, valve access platforms, crane buffer stops, Short post, hanger, rafter frame etc.,)

MT 300

Page 3 of 4

2 Erection including placement, alignment, welding , grouting and painting:Erection of structures including receiving of fabricated structures at site, storing, handling, site assembly, erecting, aligning, leveling and fixing in position at all heights and depths above and below plinth level, grouting, including applying painting(one coat of primer and two coats of synthetic enamel paint) as per drawings, all works complete as per specifications and directions of the engineer, including consumables and bolts etc., tools and labour , material handling equipment hydra, crane etc., if any, to be under scope of agency. (All Structures including Purlins, laced purlins, side and gable runners and laced runners, truss type tie girders, wind girders, welded plate girders used as floor beams, bin/hopper girders etc,w,Beams/ floor beams in building, raised floor,walk ways, gang ways etc., wall beams, Straight and curved monorail beams, Bracings such as coulumn bracings, crane girder level bracings, ties various levels between columns/posts, Chequered steel plates, in floors, walkways, freely reovable panels , stair cases, platforms, gang ways, Hand railing comprising of mild steel tubular rails, angle posts, toe guards, in walk ways, stairs, along edges of floors, around floor openings, platforms, stair way landings etc.,Ladders, stair cases, stringers, pipe supporting stools, valve access platforms, crane buffer stops, Short post, hanger, rafter frame etc.,)

MT 680

3 Erection of linear plates including receiving of fabricated structures at site, storing, handling, site assembly, erecting, aligning, leveling and fixing in position at all heights and depths above and below plinth level, grouting, including applying painting(one coat of primer and two coats of synthetic enamel paint) as per drawings, all works complete as per specifications and directions of the engineer, including consumables and bolts etc., tools and labour if any to be under scope of agency.

MT 90

4 Final Allignment of already Erected structures: Allignment, Welding and grouting of placed/erected steel structrues in position and tack welded.

MT 460

5 Painting of already erected structures:The structural painting work will have to be carried out in All auxiliary building structures at various levels . The scope includes supply of paint ,other accessories, skilled / unskilled manpower for the painting of all structural members i.e. Column/trestles, Beams, hanger, girders, truss, bracings, runners, purlins, hand rails, Cq plates, plat forms etc. The scope of the contractor includes proper surface preparation by hand cleaning with wire brush, application one coat primer paint (DFT/Coat - 40 ) & two coats of Dark grey synthetic enamel paint in all structures and golden yellow enamel paint 2 coats only in hand rails and toe guards( DFT/ Coat – 25 Microns/ coat) . Supply of Primer paint confirming to a single pack air drying phenolic modified alkyd composition with zinc phosphate conforming generally to IS 2074 (Light grey) , Finish paint confirming to a sing pack air drying high gloss phenolic alkyd modified synthetic enamel paint suitably pigmented (Dark Grey), thinner, wire brush, paint brush including skilled & unskilled manpower etc required for the completion of the job. The approved make quality and shade of the paint shall have the approval of NINL/MECON. Each coat of the paint shall be sufficiently dry before application of next coat. All statutory clearances including Safety appliance like safety nets, Life line, safety belts etc, if any required for the completion of the job is under the scope of the agency.

MT 600

6 Roofing & side cladding Taking delivery of sheeting materials from stores, transporting to site including loading and unloading, cutting, holing, placing, fixing and stiching in position at all heights above plinth level for side, gable, roof cladding as per drawing as per specifications and direction of engineer, all material, tools, and labour, complete(only C.G.I & Plain G.I sheets sheets will be issued free of cost from NINL 's store.)

Sq.Mtr 7300

Page 4 of 4

Note:

1.Scrap and offcut steel shall be returned store

2. Material reconciliation shall be done by the contractor as per the prevailing norms adopted

in NINL

3. All statutory and safety norms has to be followed by the contractor.

4. All the consumables, manpower, equipment required including cranes & hydra etc., any

other, shall be under scope of contractor

1. The quantities indicated are estimated values and hence are approximate. Final

payment will be made based on actual quantities to be certified by the Owner. 2. The cost of MS erection bolts , nuts, washers, hardware and their erection, cost of

electrodes, putty, gases, cost of straightening the raw materials, cutting of flats from plates and , cost of paints, cost of supply of all types of permanent bolts, nuts and all other materials ( except free issue of materials by Owner ) consumables, tools, plants, etc., as required for the completion of the work shall be deemed to have been included in the quoted rates.

3. The contractor will be supplied free of cost, all structural raw steel materials, crane

rails, tubes for hand railing, GCS sheets and translucent sheets. However no structural raw steel material will be supplied to the contractor for any bought out items.

4. All handling and transport charges of raw materials and fabricated structures

including double handling as required for completion of work in accordance with time schedule, shall be deemed to have been included in the quoted rates.

5. The term ‘ plant’ in BOQ implies a system of tools, machines, their set-up with all

requirements of power/water/gas etc. necessary for effective use in fabrication or erection of structures.

6. Neelachal Ispat Nigam Limited ( NINL ) has been referred to as “ Owner “ in this

specification.

1 of 1

ANNEXURE – H

MATERIAL OF CONSTRUCTION (AS APPLICABLE)

1. Unless otherwise specified in the drawing:

a) All rolled sections and plates shall conform to Grade-A as per IS: 2062-1992.

b) Plated structures subjected to dynamic loading shall conform to Grade-B as per

IS:2062-1992.

c) High strength micro-alloyed steel shall conform to SAIL-MA 350 HYA/HYB

(SAIL product).

2. Steel sheets shall conform to IS:1079-1988.

3. Steel tubes for structural purposes shall conform to IS:11611979 (Grade

YST-240).

4. GCS sheets shall conform to material GC - Grade O having grade of

coating=600 and depth & pitch of corrugation = Grade A in accordance with

IS:277-1992. 1 mm thick sheet shall be used in roof and 0.8 mm thick sheet

shall be used in side sheeting.

5. Gutters and down comers shall be of copper bearing steel conforming to

IS:2062-1992.

6. Crane rails shall conform to IS:3443-1980.

7. All black hexagonal bolts, nuts and locknuts shall conform to IS:1363-1984 and

IS:1364-1983 (for precision and semi- precision hexagonal bolts). Washers shall

conform to IS:1148-1982.

8. All HSFG bolts shall conform to IS:3757-1985.

9. Covered electrodes for arc welding shall conform to IS:814- 1991. Coding of

electrodes shall be as follows :-

a) ER 421 'C' x for mild steel of Grade A and Grade-B as per IS:2062-1992.

b) EB 542 'C' x H3X for

i) Mild Steel of Grade B as per IS:2062-1992 for dynamically loaded structures

(arising out of crane, vibratory screen, equipment etc.)

ii) For SAIL-MA micro alloyed steel 350 HYA/HYB.

iii) When combined thickness (CT) for steel conforming to IS:2062-1992 exceeds

40mm as per Fig.1

"C" is the value of current as recommended by the electrode manufacturer.

NO.MEC/GS/Q693/11/37/01, Rev.2 JANUARY, 2006

INDIA

INSTRUCTION TO TENDERER

GENERAL SPECIFICATION

KALINGA NAGAR INDUSTRIAL COMPLEX

(GS-01)

NINL-PHASE-II

MECON LIMITEDRANCHI - 834002


DUBURI, ORISSA - 755026


FOR

CONTENTS

Sl. No. Description Page No.

01.

Intent of Specification 01

02

Introduction 01

03

Site Conditions and Infrastructure Facilities 02 to 04

04

General Rules and Regulations 05

05

Safety 06 to 10

06

Drawings and Documents 10 to 14

07

Progress Report 15

Enclosure

01

Annexure-I – Title Block of Drawing

(i)



DUBURI, ORISSA

01. INTENT OF SPECIFICATION

The purpose of this general specification is to provide the Contractor

with certain general information on the location and condit ions

exist ing at si te and to lay down common guidelines and

specifications which the Contractor shall follow in designing of the

plant and during execution of work as applicable to the Contractor as

per his scope of work

MECON LIMITED, have been appointed by Neelachal Ispat Nigam

Limited (NINL) for rendering the detai led engineering and

consultancy services to NINL for the above project .

The Contractor should visi t the si te and satisfy himself of the si te

condit ions and get themselves conversant with other relevant matters.

02. INTRODUCTION

Neelachal Ispat Nigam Limited is already operating Coke Oven & By

Product Plant , Sinter Plant Complex (180 sq.m sinter machine), B.F.

Complex (1915 cu.m B.F), Captive Power Plant (62.5 MW) and

producing Pig Iron.

Now NINL intends to instal l a BOF Shop Complex (1 x 110 t

converter), CCP Complex (1 x 6 st rand bil let caster), Bar and Rod

Mill Complex (capacity 0.7 mt/yr). Other auxil iary units for the plant

consists of Raw Materials Storage and Handling Facil i t ies, Oxygen

Plant (BOO basis), Lime & Dolomite Calcination Plant and related

services , ut i l i t ies, etc.

It is envisaged to produce the following finished products after final

commissioning of the steel plant .

Pig Iron ~ 0.153 Mt/yr

Continuous Cast Bil lets ~ 0.175 Mt/yr

Bar and Rods ~ 0.700 Mt/yr

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DUBURI, ORISSA

03. SITE CONDITIONS AND INFRASTRUCTURE FACILITIES

03.01 Site Conditions

03.01.01 Location

Neelachal Ispat Nigam Limited is located at Duburi , Orissa. The si te

l ies between 200 57` - 21

0 3` - North lat i tude and 85

0 59` - 86

0 5`

East longitude.

The location of Duburi is as follows:

From Daitari i ron ore deposit - 25 Kms

From Kolkata by rai l /road - 360/380 Kms

From Bhubaneswar by rai l /road - 110 Kms

From Paradip Port by rai l / road - 166/125 Kms

Nearest town is Jajpur Road located at a distance of about 10-12 kms

and the nearest ci ty is Cuttack located at a distance of about 80 kms

from NINL site. Cut tack is a big commercial and educational centre

with many small scale industries located in and around the ci ty.

03.01.02 Meteorological Data

In absence of any meteorological observatory near the plant si te, data

of the observatory at Chandbali (lat i tude 240 47` North, longitude

860 44` East , al t i tude 6 meters) in Balasore district has been

considered representative of Daitari as per the advice of the

Meteorological Dept t of Govt . of India. Daitari is 25 Km north west

of Duburi .

The meteorological detai ls are given below:

Air Temperature

Dry bulb : 27.70

C (mean)

Dry bulb : 31.60

C (max.)

Wet bulb : 23.20

C (mean)

Wet bulb : 27.20

C (max.)

Maximum : 41.60

C (May)

Minimum : 10.80 C (January)

Extreme maximum : 46.70 C (June, 1942)

Extreme minimum : 8.300 C (January, 1934/ December,1937)

- 02 -



DUBURI, ORISSA

Relative Humidity

Maximum : 84%

Minimum : 57%

Rainfall

Maximum rainfall : 321.8 mm

in 24 hours

Minimum monthly : 646.9 mm

rainfall (October, 1955)

Wind

Predominant wind direction

(a) South – West to North - East

(b) South to North.

Altitude

- Average elevation above mean sea level - 60 m

03.02 Infrastructure Faci l ities Outside the Plant

03.02.01 Railway

The main Howrah-Chennai rai l l ine of South-Eastern Railway is

located about 20 Kms South-east of the proposed si te. The nearest

rai lway stat ion is Jajpur Keojhar Road rai lway stat ion at a distance

of about 10-12 Km from NINL Plant . The Jakhapura – Daitar i section

runs close to the East of Site (Jakhapura stat ion is on the main l ine).

The plant is connected with this Jakhapura – Daitari l ine by taking a

l ink track from Sukinda Road Railway Station. The t rack guage of

the works rai lways is standard broad guage i .e. 1676 mm.

03.02.02 Road

Both Daitari – Paradip expressway and Talcher – Jajpur state

highway are located very close to the si te. A good road network

exists in this area connecting the si te to Cuttack and Bhubaneswar,

the capital ci ty of Orissa State.

- 03 -



DUBURI, ORISSA

03.02.03 Sea Port

Well developed Paradip Port is located in the Bay of Bengal at a

distance of 166/125 Kms by rai l /road.

03.02.04 Air ways

The nearest Airport connected to the national network is

Bhubaneswar which is about 110 Km from Duburi si te is well

connected with al l Metropoli tan ci t ies of India by air. The nearest

International airport is Kolkata.

03.03 Infrastructure Faci l ities Inside the Plant.

03.03.01 Railway

The track gauge for the enti re plant correspond to the Railway

standard broad guage i .e . 1676 mm.

03.03.02 Road

Main road and side roads of the Plant shall have roadways of 7.0 m

and 4.0 m width respectively and the temporary roads provided

during the construct ion stage shall be designed to cater the needs of

movement of heavy construction vehicles.

- 04 –



DUBURI, ORISSA

04. GENERAL RULES AND REGULATIONS AND STANDARD

04.01 General Rules and Regulations

04.01.01 All plant units wi th respect to thei r location, layout, general

arrangement and design of equipment, st ructural design, etc. shall be

safe to the personnel and conform to the relevant statutory

requirements issued by Orissa Government and the Central

Government but not l imited to the following.

- Orissa State Factory Rules/Acts.

- Indian Electrici ty Rules/Acts

- Electrici ty Regulatory Commission Act

- Indian Petroleum Regulations/Acts

- Indian Boiler Regulations/Acts

- Indian Explosives Acts

- Gas Cylinders Rules/Acts

- Carbide of Calcium Rules/Acts

- Static and mobile Pressure Vessels Codes (unifi red) Rules/Acts

- Fire Protection Manual issued by Tariff Advisory Committee

(India)

- Pollution Control Regulations/Acts

04.01.02 Pollution control measures shall be provided considering the latest

norms and international standards. These should satisfy the

st ipulations of Central Pollution Control Board and Department of

Environment and Forest , Government of India.

04.02 Standard

04.02.01 Preferred Makes of Equipment & Supplies

To rest rict /minimise stock/inventory of spares, the Purchaser wil l

l imit the makes of equipment & supplies to those l isted in the

“preferred makes of equipment and supplies” unless other-wise

expressly so agreed.

04.02.02 Unit of Measurement

All dimensions & weights shall be given in metric system.

04.02.03 Language

All drawings, sheets , etc . shall be in English language.

- 05 -



DUBURI, ORISSA

05. SAFETY

05.01 Safety Regulations

05.01.01 The Contractor shall comply with the, relevant Safety Rules and

Regulations but not l imited to the following:

- Orissa State Factory Rules/Acts.

- Indian Electrici ty Rules/Acts

- Electrici ty Regulatory Commission Acts

- Indian Petroleum Regulations/Acts

- Indian Boiler Regulations/Acts.

- Indian Explosive Acts

- Gas Cylinder Rules/Acts

- Carbide of calcium Rules/Acts.

- Static and Mobile Pressure Vessels codes(Unfired) Rules/Acts

- Fire protection manual issued by Tariff advisory committee

(India)

- Pollution Control Regulations/Acts

05.01.02 Strict at tention shall be paid to al l s tatutory regulations and safety

rules for prevention of accidents .

05.01.03 The safety posters/regulations for prevention of accidents shall be

displayed by the Contractor at appropriate places. Not ices and

warning signs shall be displayed for al l sources of dangers.

05.01.04 The Contractor is not permitted to construct any temporary road

crossing on the rai l t racks for the sake of their convenience at work

si te.

05.01.05 When the work is carried out at night or in the obscure day l ight ,

adequate arrangements for flood l ighting in the working area shall be

made by the Contractor at his own cost and got approved by the

Purchaser.

05.01.06 All handling/t ransport and rigging equipment including l ift ing tools

and tackles shall be checked at regular intervals and kept in good and

safe working condit ion.

A register is to be maintained regarding the results of periodical

tests/checks and other part iculars in respect of each and every such

equipment.

- 06 -



DUBURI, ORISSA

05.01.07 The Contractor must take sufficient care in moving his construction

plant and equipment from one place to another, so that those do not

cause any damage to the property of the Purchaser or obstruct

construction activit ies of other Contractors.

05.01.08 The Contractor shal l depute a full t ime safety engineer who will

exclusively look after al l the jobs pertaining to safety at si te and

keep close l iaison with NINL/MECON. He will be responsible for

maintaining safe working condit ions at si te, promoting safety

consciousness among the workmen and reporting to concerned

authori t ies in case of accident/dangerous occurances.

05.01.09 Before execution of work in hazardous area l ike

- Gas contamination

- Working at height.

- Storage of inflammable materials

- Danger of electric shocks

- Explosion risks

- Excavations more than 2 m deep, etc.

a protocol should be prepared in association with the concerned

agencies of NINL/MECON.

05.02 Safety while Working with Explosives.

05.02.01 Explosives shall not be used on the work si te by the Contractor

without the writ ten permission of the Purchaser and that too only in

the manner and to the extent to which i t has been prescribed.

05.02.02 Explosives shall be stored in special premises approved by the

Purchaser and at the cost of the Contractor who shall be l iable for al l

damages, loss or injury to any person or property and shall be

responsible for complying with al l s tatutory obligations in these

respects .

- 07 -



DUBURI, ORISSA

05.03 Safety Appliances

05.03.01 The Contractor shall provide the safety appliances conforming to the

relevant Indian standards to al l their workmen and supervisors

engaged by them as well as by the sub contractors.

05.03.02 The Contractor shall ensure that al l the workmen and supervisors, are

using the safety appl iances regularly during work at si te.

05.03.03. Any form of compensation in l ieu of safety appliances shall not be

permitted. Any violat ion in safety provisions or fai lure to maintain

safe working condit ions will lead to serious penalty on the

Contractor and final ly may lead to termination of the Contract .

05.03.04 The workmen of the Contractor deployed for construct ion and

erection in hazardous areas shall be provided with personnel

protective safety appliances of special nature suitable for hazardous

working condit ions.

05.04 Safety during Construction/Execution

05.04.01 The Contractor shal l be responsible for the safety of his workmen

and employees. The Contractor shall ensure that safety practices are

followed so as to prevent personal injury to his workmen and also to

other persons working/passing by in that area.

05.04.02 The Contractor shal l ensure that in case of any accidents, the same

are reported without delay to the Purchaser/Statutory Authorit ies as

per Rules. In case of any injury/accident the Contractor shall bear al l

the expenditure for medical t reatment and shall pay the compensation

in case of permanent disabil i ty or death.

05.04.03 The Contractor shall ensure that al l personnel employed do not stray

into other areas. Any injury caused due to this shall be the sole

responsibil i ty of the Contractor.

05.04.04 The Contractor shall ensure that skil led labours required for specific

works have necessary t rade cert ificates and adequate experience of

the job. This is l ikely to be checked by the Purchaser . The concerned

operator, mechanics , electricians, fi t ters, r iggers, etc. must be fully

conversant with the hazards associated in operation/maintenance of

their relevant equipment.

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DUBURI, ORISSA

05.04.05 Safer Working Platforms

• Contractor shall use strong and secured planks and boards of the

right sizes.

• These planks shall be painted at the edges brightly to warn the

workers for any misuse (usually zebra paint)

• Barricades should be put-up to prevent them from fall ing.

• Contractors shall make sure that scaffolds are erected by trained

scaffolders.

• Supervisors must inspect scaffolds once every week.

05.04.06 Falling Objects and Debris

� No loose materials which can fal l down should be kept on the

working plat forms.

� Overhead shelters should be provided to minimize damage

from fall ing objects.

� Strong nets to be provided to catch these objects or debris.

� Nets must envelop al l s ides of the building.

05.04.07 Personal Safety Equipment

� Workers must wear approved safety helmets and shoes.

� For those working in high places safety belts shall be provided.

� The safety belts must be at tached to strong anchorage points.

05.04.08 Operating Construction Machine

� Contractors shall make sure that those operating the

construction machinery are well t rained for their jobs.

� The keys of such machinery shall be kept with the authorized

persons.

� The keys shall be removed after use of the machine.

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DUBURI, ORISSA

05.04.09 Safer Electrical Installations

� Contractor shall use approved types of electrical sockets and

plugs.

� Proper insulators for al l elect rical wirings shall be provided.

� Wiring should not be al lowed to l ie on the floor or on the

ground.

05.05 Safety in Designing of Equipment

05.05.01 All machinery and equipment must be equipped with safety devices.

The safety provisions shall conform to the recognised standards,

safety codes and statutes.

05.05.02 All safety measures as required to be adopted as per the statutory

regulations and the safety rules of the plant shall be strict ly followed

by the Contractor during the execution of the Contract .

06. DRAWINGS AND DOCUMENTS

06.01 Drawings

06.01.01 The draft ing standards adopted in preparation of drawings shall be

such that good clean and legible print of the drawings can be

obtained.

06.01.02 For preparation of original drawings guidelines contained in Indian

Standard specification IS:10164-1985 (preparation of engineering

drawings and diagrams) shall be followed.

06.01.03 The Contractor shal l submit the drawings in any of the following

standard sizes.

Size

Code

Working Space

(mm)

Cut Size

(mm)

Uncut Size

(mm)

A0 811 x 1144 841 x 1189 880 x 1230

A1 564 x 796 594 x 841 625 x 880

A2 390 x 549 420 x 594 450 x 625

A3 267 x 375 297 x 420 330 x 450

A4 180 x 252 210 x 297 240 x 330

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DUBURI, ORISSA

However, Contractor’s standard drawings are exempted from the

above size l imitat ions. It is desirable to keep the same size for al l

drawings for ease of fi l ing, reference and record keeping.

06.01.04 All drawings shall be oriented to match the plant layout drawings and

shall have a key plan identi fying the plant area to which they apply.

06.01.05 All drawings shall be made with the north arrow pointing to the top

of the sheet .

06.01.06 There shall be sufficient reference notes and cross references on the

drawings to permit identification of al l related drawings and

documents which are required for proper understanding.

06.01.07 When a drawing is revised by the Contractor, every change made

shall be identified on the drawing by placing the revision number in

a small t riangle so as to be easily recognisable. In addit ion, a record

of revisions along with the co-ordinates showing the location of

revisions shall be indicated at the left hand bottom corner of the

drawings as per standard practice. In case of revision of drawing, for

which different number is al lot ted, the new drawing shal l clearly

indicate the number of the drawing which i t supersedes .

06.01.08 Approval of drawings from the statutory authori t ies such as the

Indian Boiler Inspectorate, Inspectorate of Explosive, Electrical

Inspector, etc. is the responsibil i ty of the Contractor.

06.01.09 Any addit ional drawings not specif ically mentioned by the

Purchaser/Consultant but is required for the approval of drawings,

shall be submitted by the Contractor.

06.01.10 The t i t le block of the drawing shall be as per the t i t le block enclosed

as Annexure 01.

06.02 Approval of Drawings.

06.02.01 Approval of Contractor’s drawings will generally be accorded within

four (4) weeks of receipt .

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DUBURI, ORISSA

06.02.02 Approval of Contractor’s drawings means that these will be checked

for conformity with applicable specificat ions and general conformity

with the engineering requirement for the areas covered in the scope

of work. It is unders tood that approval by the Purchaser’s Consultant

does not include checking for draft ing and other errors but only

reviews of basic concepts and general principles involved.

06.02.03 The Contractor shal l be responsible for any discrepancy, errors and

omissions in the drawings and other information furnished by them,

irrespective of whether these drawings have been approved by the

Purchaser/Consultants or not . The Contractor shall bear al l extra cost

due to al terat ions necessi tated by reasons of any discrepancies,

errors or omissions in the drawings and part iculars supplied by the

Contractor .

06.02.04 Drawings furnished by the Contractor shall be cert ified as correct for

use and shall bear the signatures of responsible persons of the

Contractor .

06.02.05 Approval of Contractor’s drawings shall not rel ieve the Contractor of

his responsibil i ty to comply with the intent of the contract ,

manufacture/fabricat ion or procurement prior to approval of drawings

shall be at the Contractor’s risk.

06.02.06 The Contractor shall submit 8 sets of drawings to MECON/NINL for

approval (6 sets to MECON, Ranchi and 2 sets to NINL, Duburi).

06.02.07 If the drawing is “Approved” then one print shall be returned back to

the Contractor duly stamped “Approved” by the Consultant .

06.02.08 If the drawing is “Not approved” or “Approved as Noted”, then one

stamped print with appropriate comments shall be returned back to

the Contractor for incorporation of comments and re-submission of

revised drawings for approval in 8 sets within 7 days .

06.02.09 After approval of drawings the Contractor shall submit 10 sets of

approved drawings to MECON/NINL (8 sets to MECON, Ranchi and

2 sets to NINL, Duburi ). The Contractor shall incorporate the

following note on the tracing before taking addit ional prints for

submission to MECON/NINL.

“Approved by MECON vide let ter no. …………………dtd………..…”

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DUBURI, ORISSA

06.02.10 The drawing shall become a contract drawing after approval and

there after the Contractor shall not deviate from them in any way

whatsoever except with the writ ten permission of the

Purchaser/Consultant .

06.02.11 All reference and information category drawings shall be submitted

in 10 sets to MECON/NINL (8 sets to MECON, Ranchi and 2 sets to

NINL, Duburi ). These drawings shall be submitted to MECON/NINL

before forwarding the same to the erection Contractor at si te for

construction/erection activit ies.

06.02.12 The information category drawings shall not be approved by the

Consultant . However, information category drawings shall be

stamped “For Information Only” and one set shall be returned back to

the Contractor.

06.02.13 In case any discrepancy is observed on these drawings, same shall be

informed to the Contractor by marking the comments on the

drawings. The Contractor shall resubmit these drawings after

incorporating the comments in 10 sets to MECON/NINL (8 sets to

MECON, Ranchi and 2 sets to NINL, Duburi).

06.02.14 After receipt of stamped “For Information Only” drawings, the

Contractor shall submit 10 sets of drawings to MECON/NINL (8 sets

to MECON, Ranchi and 2 sets to NINL, Duburi ). The Contractor

shall incorporate the following note on the tracing before taking

addit ional prints for submission to MECON/NINL.

Stamped “For Information Only” by MECON vide their le t ter no.

…………………………. Dt. …………………….

06.03 Submission of Drawings, CD, Reproducible and Documents

The Contractor shall submit the following drawings/documents to

MECON and NINL.

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DUBURI, ORISSA

06.03.01 Drawings

MECON NINL

1 Approval category drawings for

approval of consultants

6 Sets 2 Sets

2 Fabrication drawings for approval of

consultants

6 Sets -

3 Drawings after approval along with l ist

of drawings (for dist ribution)

8 Sets 2 Sets

4 Information category drawings 8 Sets 2 Sets

5 Information category drawings after

stamping “For Information Only” by

consultants.

8 Sets 2 Sets

6 Erection drawings 8 Sets 2 Sets

7 As buil t drawings - 2 Sets

8 Spare parts drawings - 2 Sets

9 Wearing parts drawings - 2 Sets

06.03.02 Compact Disc and Reproducibles

MECON NINL

1 As buil t drawing of approval category - 1 Set

2 As buil t drawing of information

category

- 1 Set

3 Spare parts drawings - 1 Set

4 Wearing parts drawings - 1 Set

06.03.03 Documents

MECON NINL

1 Erection manual 1 Set 6 Sets

2 Operating and maintenance manuals 1 Set 6 Sets

3 Storage and reconservation manuals 1 Set 6 Sets

4 Safety manuals 1 Set 6 Sets

5 List of consumables 1 Set 6 Sets

6 List of lubricants and hydraulic oil 1 Set 6 Sets

7 List of special tools and tackles 1 Set 6 Sets

8 Test cert ificates and inspection

cert ificates in bound volume

1 Set 6 Sets

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DUBURI, ORISSA

07. PROGRESS REPORT

07.01 The Contractor shall submit a detai led PERT Network showing

completion t ime which would indicate start ing and completion dates

of al l activit ies of engineering, purchasing, procurement of materials ,

manufacturing, inspection, dispatch, erection, test ing and

commissioning, etc. under his scope of work.

07.02 The Contractor shal l submit the progress report in such detai ls as

may be required by the Purchaser so as to enable them to monitor the

progress of work.

07.03 The Contractor shal l submit the progress report every month in the

proforma mutually discussed and agreed upon with

Purchaser/Contractor.

07.04 The Contractor shall submit 8 sets of progress report (6 sets to

NINL, Duburi and 2 sets to MECON, Ranchi) every month as on 20t h

of the month so as to reach NINL and MECON by 25t h

of month.

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DUBURI, ORISSA

GENERAL SPECIFICATION ON

QUALITY SYSTEM, INSPECTION & TEST OF PLANT / EQUIPMENT

AT MANUFACTURER'S PREMISES ( GS-05 )

MECON LIMITED RANCHI - 834002

2005- 2006, MECON LIMITED, ALL RIGHTS RESERVED

TS No. MEC/GS/Q693/11/20/05 Rev 2 JANUARY, 2006



DUBURI, ORISSA

MEC.GS.Q693.11.20.05 Rev 2.doc Page 0 of 6 January, 2006

2005-2006, MECON LIMITED, ALL RIGHTS RESERVED

C O N T E N T

SL. D E S C R I P T I O N PAGE

NO.

1. GENERAL 2

2. QUALITY SYSTEM REQUIREMENTS 2

3. QUALITY ASSURANCE PLAN 2 to 3

4. CALIBRATION OF MEASURING EQUIPMENT 3

5. TEST CERTIFICATES & DOCUMENTS 3 to 4

6. INTERNAL INSPECTION BY SUCCESSFUL TENDERER/MANUFACTURER 4

7. MANUFACTURING & INSPECTION SCHEDULE 5

8. METHOD OF UNDERTAKING INSPECTION & TESTING BY MECON/NINL 5

9. OBLIGATIONS OF SUCCESSFUL TENDERER 5 to 6

10. STAMPING AND ISSUE OF INSPECTION DOCUMENTS 6

11. GENERAL CLAUSES 6

ENCLOSURES:

i) Form No.11.20.(DQM)F-09 Rev-0 - QAP for Structural & Mechanical Equipment

ii) Form No.11.20.(DQM)F-10 Rev-0 - QAP for Electrical Equipment

iii) Form No.11.20.(DQM)F-11 Rev-0 - QAP for Refractory Materials.

iv) Form No.11.20.(DQM)F-5/2 Rev-0 - Inspection Call Proforma.

v) Form No. 11.20.(DQM).F-30 Rev 0 – QAP for engineered & Manufactured Items

vi) LIST OF MECON OFFICES and Contact Address Details



DUBURI, ORISSA



GENERAL SPECIFICATION ON QUALITY SYSTEM, INSPECTION

& TEST OF PLANT & EQUIPMENT AT MANUFACTURER'S

PREMISES

1.0 GENERAL

1.1 Inspection & testing of plant & equipment shall be carried out by MECON/ NINL at the works of

successful tenderer during manufacturing and/or on final product to ensure conformity of the same with

the acceptable criteria of technical specifications, approved drawings, authenticated manufacturing

drawings and reference national / international standards.

2.0 QUALITY SYSTEM REQUIREMENTS

The successful tenderer must recognise the importance of quality and follow defined quality programme in

all manufacturing and quality control activities of the product. Contractor must define and implement the

tasks and controls that will provide needed assurance, in case manufacturing of product is sub-contracted

either partly or fully and/or for the procured components of the product. All bought-out equipment or

component shall be procured from vendors issued duly approved by the project authority.

MECON/ NINL reserve the right to verify the quality programme and entire product characteristics to

assure the intended and specified quality of the product.

3.0 QUALITY ASSURANCE PLAN (QAP)

3.1 The successful tenderer shall furnish Quality Assurance Plan (QAP) for respective equipment after

completion of detailed engineering and finalisation of billing schedule / equipment identification

number for MECON's approval at least one month prior to start of manufacturing.

3.2 QAP shall be prepared & furnished by Contractor in Form Nos. 11.20(DQM)F-09,10 , 11 (specimen

blank enclosed) for structural & mechanical equipment, electrical equipment and refractory materials

respectively , primarily for bought-out items. For engineered and manufactured items of any category

format F-30 may be utilized. Such QAPs shall be prepared either based on generic quality assurance plan

, if furnished by MECON to the successful tenderer, alongwith the placement of purchase order or these

should be based on standard QAP / test plan etc being followed by Manufacturer . QAPs must be

submitted in four ( 4 ) sets for approval, maximum within 60 days’ from the placement of order . QAP

submitted in any format other than those mentioned above will not be accepted.

3.3 The successful tenderer shall indicate procurement source and furnish to MECON, during the submission

of QAP, copies of P.O., Sub-P.O., T.S., approved GA drawings/ data sheets & detailed manufacturing

drawings, as backup reference materials for scrutiny & final approval by MECON. The submission &

subsequent approval of QAPs shall be ensured to be restricted to one round only.

3.4 Inspection and test requirements shall be decided with due consideration of factors like safety, duty cycle,

operating conditions, equipment life, environmental conditions, place of installation and statutory

regulations, as applicable, for a particular equipment. Any, additional type or special tests or routine tests if

found necessary to establish the intended quality, the same shall have to be incorporated in the QAP

without any commercial implication.



DUBURI, ORISSA



3.5 Detailed QAP shall be prepared by the successful tenderer in consultation with Sub-contractors /

Manufacturers .

4.0 CALIBRATION OF MEASURING EQUIPMENT

4.1 All the measuring equipment used for inspection & testing shall be calibrated and appropriate accuracy

class of measuring equipment shall be used. Calibration standards used for calibration of measuring

equipment shall be traceable to national standards of National Physical Laboratory (NPL), New Delhi with

unbroken chains of comparison.

4.2 Valid calibration certificate for all measuring equipment used during inspection and testing at

manufacturer’s works, with traceability to national standards of NPL/ NABL accredited laboratories shall

be furnished along with inspection call prior to undertaking inspection by MECON/ NINL.

Calibration certificate shall also indicate reference no. of calibration standards calibrated by NPL/NABL

accredited laboratories and copies of such calibration certificates of calibration standards shall included in

the compiled dossiers of inspection/test results.

5.0 TEST CERTIFICATES AND DOCUMENTS

5.1 For each of the items being manufactured as per approved QAP , following test certificates and

documents, as applicable for each of the equipment, in requisite copies including original, duly endorsed

by the Manufacturer/successful tenderer with appropriate linkage to project, purchase order and acceptance

criteria etc shall be submitted to MECON/ NINL.

i) Raw materials identification & physical and chemical test certificates for all materials used in

manufacture of the equipment (except IS: 2062-1992 Gr.A & IS: 210-1993, FG-150).

ii) WPS, PQR & WPQ documents as per applicable code.

iii) Details of stagewise inspection & rectification records for fabricated items, castings, forgings and

machined articles.

iv) Control dimension chart with records of alignment, squareness etc.

v) Manufacturer's material and preformance/relevant test certificates for all bought-out items.

vi) Details of heat-treatment and stress relieving charts as per specification.

vii) Non-Destructive Test reports as per respective code.

viii) Static/dynamic balancing certificate for rotating components/machines.

ix) Hardness test certificate.

x) Pressure/Leakage Test Certificates.

xi) Performance Test Certificates for all characteristics.

xii) Routine / type / calibration /acceptance / special test ( Type Tests etc ) certificates for electrical items.



DUBURI, ORISSA



xiii) Surface preparation and painting certificates.

xiv) Certificates from competent authority for the items coming under statutory regulations.

5.2 Where physical and chemical test certificates of material are not available, the successful

tenderer/Sub-contractor shall arrange to have specimens and test samples of the materials, tested in his

own laboratory at his cost and submit the copies of test results in requisite numbers to MECON/NINL for

review. Number of test samples against each heat/cast/lot or batch of materials, as applicable shall be as

per relevant Indian or International Standards.

5.3 Where facilities for testing do not exist in the successful tenderer/Sub-contractor's laboratories or in case of

any dispute, samples and test pieces shall be drawn by the successful tenderer/Sub-contractor in presence

of MECON/ NINL and sealed sample shall be sent to any Govt. approved /NABL accredited laboratory

for necessary tests at former’s own cost.

5.4 The MECON/ NINL shall have the right to be present and witness all tests being carried out by the

successful tenderer/Sub- contractor at their own laboratory or approved laboratories. Also, the Inspection

Agency shall reserve the right to call for confirmatory test on samples, at his discretion.

6.0 INTERNAL INSPECTION BY SUCCESSFUL TENDERER / MANUFACTURER

6.1 Inspection and tests shall be carried out by Contractor/ Manufacturer in accordance with approved

drawings, T.S., P.O., and approved QAP. They shall maintain records of each inspection and test carried

out and signed documents shall be submitted to NINL/MECON for verification.

6.2 The successful tenderer shall carry out their internal inspection & obtain clearance from statutory bodies

e.g. IBR, CCE, TAC, Weights & Measures, safety, IE rules etc. prior to offering any equipment for

NINL/MECON's inspection in accordance with approved QAP.

6.3 The successful tenderer/ Manufacturers shall identify all the inspected equipment/component/raw materials

& shall maintain the record of status of inspection viz. inspected & found acceptable, require

rectification/rework, rejected etc.

6.4 The successful tenderer shall establish and maintain procedures to ensure that product that does not

conform to specified requirements, is prevented from inadvertent use or installation. The description of

non-conformity that has been accepted subsequently by MECON/ NINL by concession and/or of repairs,

shall be recorded.

Repaired and reworked product shall be offered for re- inspection to MECON/ NINL alongwith records of

corrective action taken.

7.0 MANUFACTURING AND INSPECTION SCHEDULE

All contractors shall submit the schedule for manufacturing and inspection indicating equipment /

components, sub- assembly/ assembly. Date of approval of drawings / data sheets. Address of

manufacturer with contact person and scheduled date of inspection. Such reports shall be submitted to

respective MECON Inspecting Offices with a copy to Inspection Co- ordinating Office once in a month.



DUBURI, ORISSA



These monthly reports shall state the planning for next three months. Submission of first reports must

commence one month prior to commencement of manufacturing activities of the product.

8.0 METHOD OF UNDERTAKING INSPECTION & TESTING BY MECON/NINL

8.1 Inspection call shall be given only on readiness of the equipment/ assembly/ sub-assembly as per all

approved relevant drawings and QAP. In case, equipment/ assembly/ sub-assembly offered for inspection

are found not ready, all the cost of visit of MECON's engineer shall have to be borne by the successful

tenderer.

If the equipment/assembly/sub-assembly after inspection found not acceptable, require rework and involve

MECON's re- inspection, all the cost of such re-inspections shall also have to be borne by the successful

tenderer, as per procedure.

8.2 Inspection call shall be floated to MECON, Ranchi in the enclosed Form No.11.20(DQM)F-05/2.REV-0

duly filled in, with ten days clear margin, enclosing all documents like test Certificates, Internal Inspection

Reports, P.O., Sub-P.O., T.S., Approved QAP, approved GA drawings/ data sheets and manufacturing

drawings. Inspection calls without above documents shall be treated invalid and ignored. The hard copy of

such documents must also accompany a CD ( comprising computer readable files ) containing the

identical documents .

8.3 The successful tenderer shall offer substantial quantities for economical inspection consistent with the size

of order.

8.4 On receipt of the Inspection call, pertaining to particular package / equipment / item, QA & Inspection

group of MECON, Ranchi ( Overall co-ordinating office for Inspection activities ) shall organize

inspection visit or shall issue Inspection assignment to other MECON office ( based on nearness to the

vendor's manufacturing works / relevant job expertise ). For further inspection pertaining to the same

package / equipment / item, successful tenderer may forward the subsequent inspection calls to the

respective MECON offices ( as identified per initial assignment ), with a copy to QA & Inspection Section,

MECON, Ranchi.

9.0 OBLIGATIONS OF SUCCESSFUL TENDRER

9.1 The successful tenderer shall provide all facilities and ensure full and free access of the Inspection Engineer

of NINL/MECON to their own or their Sub-Contractor's premises at any time, during contract period, to

facilitate him to carry out inspection & testing of the product during or after manufacture of the same.

9.2 The successful tenderer shall delegate a Representative / Co-ordinator to deal with MECON/ NINL on all

inspection matters. Representative of successful tenderer shall be present during all inspection at

Sub-Contractor's works.

9.3 The successful tenderer shall comply with instructions of MECON/ NINL fully and with promptitude.

9.4 The successful tenderer/ Sub-Contractor shall provide all instruments, tools, necessary testing & other

inspection facilities to MECON/ NINL free of cost for carrying out inspection.

9.5 The cost of testing welds by ultrasonic, radiographic and dye penetration tests etc. in the fabrication

workshop shall be borne by the successful tenderer.



DUBURI, ORISSA



9.6 The successful tenderer shall ensure that the equipment/assembly/ component of the plant and equipment

required to be inspected, are not dismantled or despatched before inspection.

9.7 The successful tenderer shall not offer equipment for inspection in painted condition unless otherwise

agreed in writing by MECON/ NINL.

9.8 The successful tenderer shall ensure that the equipment and materials once rejected by the MECON/NINL,

are not re-used in the manufacture of the plant and equipment. Where parts rejected during inspection have

been rectified as per agreed procedures laid down in advance, such parts shall be segregated for separate

inspection and approval, before being used in the work.

10.0 STAMPING AND ISSUE OF INSPECTION DOCUMENTS

10.1 Inspection Memo:- For rejected items/items, which do not conform to Technical Specification in one or

more quality characteristics requiring rectification / rework, Inspection Memo shall be issued indicating

therein the details of observation & remarks. All the non-conformities with respect to specification of the

product shall be indicated in the Inspection Memo for further quality control by successful tenderer.

10.2 Inspection Certificate:- On satisfactory completion of final inspection & testing, all accepted plant &

equipment shall be stamped suitably and Inspection Certificate shall be issued by the MECON for the

accepted items.

11.0 GENERAL CLAUSE

11.1 Inspection & tests carried out by MECON/NINL shall not absolve the responsibility of the successful

tenderer/ Manufacturer to provide acceptable product as per the terms of contract nor shall it preclude

subsequent rejection.

11.2 NINL/ MECON reserve the right to inspect any product at any stage of manufacturing beyond

pre-identified stages & hold points of approved QAP.