notice inviting e-tender · section - b 1 | p a g e notice inviting e-tender procurement of three...

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Notice Inviting e-Tender

Procurement of three battery operated Electric busesunder WBHIDCO Ltd., New Town, Kolkata

West Bengal Housing Infrastructure Development Corporation Ltd.

HIDCO Bhavan, New Town, Premises No: 35-1111, Major Arterial Road, 3rd Rotary,Kolkata-700156, Phone: 2324-6037/6038, Website: www.wbhidcoltd.com

Memo.No.

942/WBHIDCO/GM(ELECT)/2015-16__________________________________________

Dated: 16.10.2015

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TABLE OF CONTENTTABLE OF CONTENT.......................................................................................................... 2

1 NOTICE INVITING E-TENDER...................................................................................... 3

2 INSTRUCTION TO BIDDERS...................................................................................... 13

2.1 General guidance for e-Tendering: ....................................................................... 13

2.2 Scope of Work ...................................................................................................... 17

3 APPENDICES ............................................................................................................. 19

Appendix I: Form – I: Pre-QualificatioPn Application........................................................ 19

3.1 Appendix II: Affidavit – “Y”..................................................................................... 20

3.2 Appendix III: Form – II: Structure and Organisation............................................... 21

3.3 Appendix IV: Form – III: Bidder’sEquipment.......................................................... 22

3.4 Appendix V: Form – IV: Experience Profile .............. Error! Bookmark not defined.

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West Bengal Housing Infrastructure Development Corporation Ltd.(A Government of West Bengal Undertaking)

HIDCO Bhavan, New Town, Premises No: 35-1111, Major Arterial Road, 3rd Rotary, Kolkata-700156, Phone: 2324-6037/6038, Website:www.wbhidcoltd.com

1 NOTICE INVITING E-TENDERNo. 23/WBHIDCO/GM(ELECT)/2015-16 of The General Manager (Electrical), WBHIDCO Ltd, invites online item rate (two parts) tenderfor the work detailed in the table below.

List of Schemes:

Sl.No

Name of thework

Estimated

Amount(Rs)

Earnest Money(Rs)

Price of Technical& Financial Biddocuments andother annexures

(Rs.)

Period ofCompletion

Name ofthe

ConcernedOfficer

Eligibility of Contractor

1.

Procurement ofthreeBatteryoperatedElectricbusesunderWBHIDCOLtd., NewTown,Kolkata

Agencyhas toquote

Earnest MoneyINR.25,00,000.00(RupeesTwenty FiveLakh only) to besubmitted in theform ofDemand DraftfromNationalized/ScheduledBank in favourof WBHIDCO

NA (Theselected bidderhas to depositthe price ofTechnical andFinancial Biddocuments atthe time ofagreement)

8 (eight)months

GeneralManager(Elect),WBHIDCO Ltd.

1. WBHIDCO Ltd. invites offers only fromeligible and responsible resourcefulManufacturers/Suppliers of Electric Vehicles inIndia and abroad, who is a companyincorporated under the Companies Act, 1956(the “Manufacturer/Supplier”) having validpermits for manufacturing/supplying ofpassenger transport services as perapplicable laws and regulations, for supplyand maintenance of battery operated electricbuses on .

2. Foreign Manufacturers/ Suppliers willingto apply should have a local presence in the

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Ltd. payable atKolkata.Balanceamountcovering 2% ofthe quotedamount to besubmitted inbank draft atthe time ofmakingagreement bythe successfultenderer

country in order to participate in the biddingprocess. The local partnering firm must beregistered under the Companies Act, 1956

3. The Bidder may be manufacturer ofBattery operated Vehicles with factory set uphaving valid license or their Authorized agenteligible for similar nature of work or supplierwith valid permits.

4. Intending contractors / tenderers must befinancially sound and have their machinerieswith Technical Support and adequate workingexperience required for the job.

5. Average Revenue of Manufacturer cumSupplier or OEM for Supplier should haveTurnover greater INR. 500.00 Cr. For the lastthree financial years*. For ForeignManufacturer’s while determining the Turnover the exchange rate on the Bid Due dateshould be applicable

6. The manufacturing entity should haveatleast 10 years of experience inmanufacturing global standard buses;whereas the supplying entity should have aminimum of 5 years of experience

7. Supplying entity should have a minimumaverage annual turnover of Rs. 15.00 Crore

8. Manufacturer Credentials: Threesatisfactory Completion Certificates/ Purchaseorder during the last five years from anygovernment organization/undertaking in anycountry

9. Additional Supplier Credentials:Supplying firm having credential with

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completion certificate and adequateexperience in bus procurement for Govt./Semi Govt./Govt. Undertaking/PSU withsubmission of appropriate credentials onsupport of work within last five years. Noprivate certificate will be considered

10. Presence in India as manufacturer/supplier/ importer either in the same tradename of the manufacturing/supplying entity orthrough tie up with an Indian legal entity.

11. OEM (Original EquipmentManufacturer)must furnish a letter of consentto maintain the comprehensive maintenanceof Buses for a period of seven years alongwith supplying all the spares and parts andnecessary knowhow, competencies and skills.

12. Charging station to be set up by selectedbidder at relevant identified location

13. The bidder (jointly the bidder and theOriginal Equipment Manufacturer (OEM) incase the bidder is different from OEM) mustproduce a declaration at the time ofAgreement stating that they will get the typeapproval as per ASI 131 within six months.. The time shall not be extended until andunless a formal letter has been submitted tothe Authority/Client by the Type ApprovingAuthority, on their letter head requesting for anextension of time not more than two months

14. A written declaration in the form of anaffidavit before notary as to the correctness ofthe copies of all documents submitted and adeclaration whether penalty/debarment had

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been faced or not under any Govt./SemiGovt./ Autonomous body, etc. (refer toAnnexure)

*Three financial years would refer to 2012-13, 2013-14 and 2014-15 as per audit report; if audit report for current year is unavailable then theyears considered would be 2011-12, 2012-13 and 2013-14

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1) In the event of e-filling, intending bidder may download the tender documents from thewebsite http://etender.wb.nic.in directly with the help of Digital Signature Certificate.Necessary cost of Earnest Money may be remitted through Demand Draft (henceforth“DD”) issued from any nationalized/ scheduled banks in favour of the “WBHIDCO Ltd.”payable at KOLKATA and also to be documented through e-filling. The original DDagainst Earnest Money Deposit (henceforth EMD) or documents in support should besubmitted physically in the Tender Box at the Office of General Manager (Elect), WBHIDCO Ltd. under sealed cover within the closing period for online submission on09/11/2015 (Bid Closing Date).

2) Both Technical Bid and Financial Bid are to be submitted concurrently duly digitallysigned in the website http://etender.wb.nic.in

3) Tender documents may be downloaded from website and submission of Technical Bidand Financial Bid will be done as per Time Schedule stated in Sl. No. 6.

4) The Financial Offer of the prospective tenderer will be considered along withtheTechnical Bid of the tenderer by the ‘Tender Evaluation Committee’ formed by theauthority of WBHIDCO Ltd. The decision of the ‘Tender Evaluation Committee’ will befinal and absolute in this respect.

5) Eligibility criteria for participation in the tender.

1) As detailed in NIT

1.1.1.1.1.1 Income Tax Return for the last three Financial years, Professional TaxRegistration / Deposit Challan , Pan Card, VAT & Service Tax RegistrationCertificate along with challan of March, 2015 to be accompanied with theTechnical Bid Documents.

[Non-statutory documents]

The prospective bidders or any of their constituent partner shall neither have abandoned anywork nor any of their contract have been rescinded during the last 5 (five) years. Suchabandonment or rescission will be considered as disqualification towards eligibility. (Adeclaration in this respect through affidavit duly notarized has to be furnished by theprospective bidders without which the Technical Bid shall be treated as non-responsive.)

In case of Proprietorship, Partnership Firms and Company, Tax Audit Report in 3CD Formare to be furnished along with the Balance Sheet and Profit and Loss Account, and all thedocuments along with schedules forming the part of Balance Sheet and Profit & LossAccount should be in favour of applicant.

[Non-statutory documents]

Joint Ventures/Consortiums will not be allowed.

A prospective bidder shall be allowed to participate in a particular job either in the capacity ofindividual or as a partner firm. If found to have applied severally; in a single job, all hisapplications will be rejected for that job, without assigning any reason thereof.

The land and meter for electricity shall be provided by WBHIDCO Ltd. Related civilinfrastructure including shed, workshop/ charging station, providing spare parts, equipment

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and various maintenance related machinery shall be the sole responsibility of theManufacturer/Supplier.

All materials required for the proposed work shall be of specified grade inconformity withrelevant code of practice (latest revision) accordingly and shall be procured and supplied bythe agency at their own cost including all taxes. If required by the Engineer-in-Charge,further testing from any Government approved Testing Laboratory shall have to beconducted by the agency at their own cost.

Bid shall remain valid for a period not less than 240 days from the last date of submission ofFinancial Bid. If the bidder withdraws the bid during the validity period of bid, the earnestmoney as deposited will be forfeited forthwith without assigning any reason thereof.

Mobilization advance will not be allowed.

Terms of payment:Payment shall be made subject to recoveries, if any, by way ofliquidated damages or any other charges, deductions or adjustments as per terms &conditions of contract:

Payment Payment Amount Timeline Submissions andApproval required forPayment

Manufacturing and Delivery of Electric Buses (3 buses)First Part ofPayment

40% of total cost ofElectric Busesprocurement

Post Delivery of theProcured Items (3Electric Buses )

Submission of requireddocuments (Such asChallan etc.) and Invoice bythe Manufacturer/ Supplier& Submission of typeapproval certificate as perAIS 131

Second Partof Paymentfor Balanceamount


Post provision of FinalCompletion Certificate

Issuance of FinalCompletion Certificate ofbuses as well as fulfillmentof the arrangement ofmaintenance requirements

Third Partof Paymentfor Balance

amount


Post Six Month ofperformancemonitoring

On road performanceshall be monitored and

post review payment shallbe made

Maintenance of Electric Bus (on total maintenance cost)EAMC Year 1 = 12% On completion of 1st

yearWithin 15 days ofcertifications from theAuthority on satisfactorymaintenance.The paymentWill be made yearly ontotalMaintenance Cost

Year 2 = 12% On completion of 2ndyear

Year 3 = 12% On completion of 3rdyear

Year 4 = 12% On completion of 4thyear



Year 7 = 28% On completion of 7th

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year

Once the buses are in place, 40% of total bus cost shall be released. Post this, a competentauthority shall inspect the delivered buses thoroughly and then provide a final completioncertificate. Post receiving the certificate 30% of the remaining amount shall be disbursed.Further, a performance monitoring would be undertaken and post satisfactory review,remaining 30% of the remaining procurement cost shall be disbursed.

The cost of maintenance for seven years following procurement shall be disbursed on yearlybasis as per the rates mentioned in the table above

Security Deposit: A total of 10% of the total project cost will be considered as Securitydeposit. EMD along with additional amount covering 2% shall be converted into part ofsecurity deposit. The remaining 8% (10%-2%) shall be deducted from the invoices raised byManufacturer/Supplier against every payment.

Therefore the process followed thus would be:

• Bidder submits an EMD by way of Demand Draft for the amount of INR25,00,000.00 while submitting the tender document (Refer to Sl. No. 13).

• Balance amount covering 2% of the quoted amount to be submitted in bank draft atthe time of making agreement by the successful tenderer

• Post signing the agreement, the EMD of selected bidder along with the balanceamount covering 2% of the total project cost would be retained as part of securitydeposit

• The remaining 8% share of security deposit will be deducted from each of the firstthree payments

• Therefore a total of 10% of the total project cost (Cost of buses and maintenance)shall be retained by WBHIDCO Ltd. as security deposit till bus procurement

• The EMD of all the unsuccessful Bidders deposited in favour of WBHIDCO Ltd. willbe refunded by the said General Manager on receipt of application from tenderersfor release of the same

6) Date and Time Schedule:

Sl. No. Particulars Date & Time1. Issuance of Notice Inviting Tender. & other

Documents (online) (Publishing Date) 16/10/2015

2. Documents download/sell start date (Online) 17/10/2015at 10.00 AM3. Documents download/sell end date (Online) 09/11/2015at 06:00 PM

4. Pre-Bid meeting (Pre-Bid meeting to be held atOffice of the General Manager- Electrical ,HIDCOBHABAN)

30/10/2015 at 1.00 P.M.

5. Authority/Client response to queries latest by 01/11/20156. Bid submission start date (On line) 18/10/2015 at 10 P.M.7. Bid Submission closing (On line) 09/11/2015 AT 5 P.M.8. Last Date of submission of original copies Earnest

Money Deposit and other relevant documents like 14/11/2015 at 02:00 PM

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covering letter, etc. (Off line)9. Opening of Technical Bids 14/11/2015 at 03:00 PM10. Date of uploading list for Technically Qualified

Bidder(online) 19/11/2015

11. Date of uploading the final list of TechnicallyQualified Bidder(online) after disposal ofappeals, ifany.

23/11/2015

12. Date for opening of Financial Proposal (Online) 24/11/2015

7) Please note that Pre-Bid meeting is to be attended atleast by one representative ofthe Bidding Firm/Company. If there is no participation from any of the intendedBidders during the pre-bid, the decision of the pre-bid committee shall be final andshall not be altered at any request from the Bidders post the scheduled meeting timeon 30/10/2015

8) The Prospective Bidder shall have to execute the work in such a manner so thatappropriate service level of the work is maintained during progress of work and aperiod of Seven years from the date of successful completion of the work to theentire satisfaction of the Engineer-in-Charge. If any defect / damage is found duringthe period as mentioned above, the Manufacturer/Suppliershall make the same goodat his own cost to the specification at par with instant project work. On failure to doso, penal action against the Manufacturer/Supplierwill be imposed by the Departmentas deem fit. The Manufacturer/Suppliermay quote his rate considering the aboveaspect.

Retention of Security Deposit (SD) @ 10% will be refunded after one year from the date ofcompletion of the work against submission of Bank Guarantee of the same amount ofSecurity Deposit Money and to be retained for the complete maintenance period.

Refund of Bank Guarantee will be made after successful completion of the work, i.e.,post completion of seven years of maintenance contract. Provision in Clause No. 17of Form No. 2911(ii) shall be treated as superseded.

9) Earnest Money Deposit (henceforth “EMD”): The EMD of Rs.25,00,000.00 to bedeposited in the form of DD from any nationalized/ scheduled bank of India in favourof WBHIDCO Ltd. payable at Kolkata EMD of the successful bidder to be convertedas a part of security deposit

10) SD will be refunded after one year i.e., post delivery of the buses and performancemonitoring for a period of six months, against which, a bank guarantee of the sameamount with a validity of seven years

11) Bidders are encouraged to submit their respective Bids after examining therequirement of Bus infrastructure and ascertaining themselves the existing and newtechnology, availability of power and other utilities for construction, handling andstorage of materials, applicable laws and regulations, and any other matterconsidered relevant by them.

12) The intending Bidders shall clearly understand that whatever may be the out-come ofthe present invitation of Bids, no cost of Bidding shall be reimbursable by theDepartment.The tender accepting authority of WBHIDCO Ltd. reserves the right to

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accept or reject any offer without assigning any reason whatsoever and is not liablefor any cost that might have been incurred by any Bidderat the stage of Bidding.

13) Refund of EMD: The EMD of all the unsuccessful Bidders deposited in favour ofWBHIDCO Ltd. will be refunded by the said General Manager on receipt ofapplication from tenderers for release of the same.

14) Prospective applicants are advised to note carefully the minimum qualification criteriaas mentioned in ‘Instructions to Bidders’ stated in Section – ‘A’ before tenderingthe bids.

15) Conditional / Incomplete tender will not be accepted under any circumstances.

16) The intending tenderers are required to quote the rate online.

17) Contractor shall have to comply with the provisions of (a) the contract labour(Regulation Abolition) Act. 1970 (b) Apprentice Act. 1961 and (c) minimum wagesAct. 1948 of the notification thereof or any other laws relating thereto and the rulesmade and order issued there under from time to time.

18) During scrutiny, if it comes to the notice of the tender inviting authority that thecredential or any other paper found incorrect / manufactured / fabricated, that bidderwould not be allowed to participate in the tender and that application will be rejectedwithout any prejudice.

19) The General Manager(Elect), WBHIDCO Ltd. reserves the right to cancel the noticeinviting tender. due to unavoidable circumstances and no claim in this respect will beentertained.

20) If there be any objection regarding prequalifying the bidding firm/companythat shouldbe lodged on line to the Chairman of Tender Evaluation Committee within 2 (two)days from the date of publication of list of qualified agencies and beyond that timeschedule no objection will be entertained by the Tender Evaluation Committee.

21) Before issuance of the Letter of Intent, the tender inviting authority may verify thecredential and other documents of the lowest tenderer if found necessary. Afterverification, if it is found that the documents submitted by the lowest tendererareeither manufactured or false in that case work order will not be issued in favour ofthe said Tenderer under any circumstances.

22) If any discrepancy arises between two similar clauses on different notification, theclause as stated in later notification will supersede former one in following sequence:

1) Form No. 2911(ii)

2) N.I.T.

3) Special Terms & Conditions

4) Technical Bid

5) Financial Bid

6) General Terms & Conditions

23. Qualification criteria:

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The tender inviting and Accepting Authority through a “Tender Evaluation Committee” willdetermine the eligibility of each bidder. The bidders shall have to meet all the minimumcriteria regarding:

1) Financial Capacity (Bank Solvency Certificate)

2) Technical Capability comprising of personnel & equipment capability

3) Experience / Credential

The eligibility of a bidder will be ascertained on the basis of the document(s) in support of theminimum criteria as mentioned above and the declaration executed through prescribedaffidavit in non-judicial stamp paper of appropriate value duly notarized. If any documentsubmitted by a bidder is either manufactured or false, in such cases the eligibility of thebidder / tenderer will be rejected at any stage without any prejudice

24. Escalation of Price on any ground and consequent cost over-run shall not beentertained under any circumstances. Rates should be quoted accordingly.

25. The address for communication and email id of contact person is as below:

The General Manager (Electrical)

HIDCO BHABAN

Premises No.: 35-1111

Major Arterial Road, 3rd Rotary

New Town, Kolkata--700156

Phone: (033) 2324 6037/6038

Email id: [email protected]

[email protected]

Memo. No.

942/WBHIDCO/GM(ELECT)/2015-16

Dated:

16.10.2015

Copy forwarded for information to:-

1) The Chief Engineer (Electrical), WBHIDCO Ltd.

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2 INSTRUCTION TO BIDDERS2.1 General guidance for e-Tendering:

Guidelines for electronic submission of the tenders have been annexed in Appendix forassisting the bidder to participate in e-Tendering.

i. Registration of Contractor: Any contractor willing to take part in the process of e-Tendering will have to be enrolled & registered with the Government e-ProcurementSystem, through logging on to https://etender.wb.nic.in (the web portal of WBHIDCOLtd., the Manufacturer/Supply is to click on the link for e-Tendering site as given onthe web portal.

ii. Digital Signature certificate (DSC): Each contractor is required to obtain a Class-IIor Class-III Digital Signature Certificate (DSC) for submission of tenders from theapproved service provider of the National Informatics Centre (NIC) on payment ofrequisite amount. Details are available at the Web Site stated in Clause A(i) above.DSC is given as a USB e-Token.

iii. Tender document access:The contractor can search & download NIT& TenderDocument(s) electronically from computer once he logs on to the website mentionedin Clause A(i) using the Digital Signature Certificate. This is the only mode ofcollection of Tender Documents.

iv. Participation: The Bidder shall be the sole applicant, consortiums and joint venturesshall not be entertained. One bidder will be allowed to submit just one document. Iffound to have applied severally in a single job all his applications will be rejected forthat job.

v. Submission of Tenders: Tenders are to be submitted through online to the websitestated in Clause A(i) in two folders at a time for each work, one in Technical Proposal& the other is Financial Proposal before the prescribed date &time using the DigitalSignature Certificate (DSC). The documents are to be uploaded virus scanned copyduly Digitally Signed. The documents will get encrypted (transformed into nonreadable formats).

Technical Proposal:

The Technical proposal should contain scanned copies of the following in two covers(folders).

(a). Statutory Cover Containing the following documents:

1) PREQUALIFICATION DOCUMENTS:

Prequalification Application (Section-B, Form – I)

Scanned copy of DD towards EMD as prescribed in the N.I.T. against each of theserial of work in favour of the WBHIDCO Ltd.

2) HIDCO 2911

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3) Tender Document

4) N.I.T.

(NIT, Tender Document and 2911 downloaded properly and upload the same DigitallySigned).The rate will be quoted in the B.O.Q. Quoted rate will be encrypted in the B.O.Q.under Financial Bid. In case quoting any rate in HIDCO 2911, the tender is liable to besummarily rejected.)

5) Special terms & conditions and specification of works.

6) TECHNICAL DOCUMENTS

Affidavit [Ref. Format]

Experience profile [Form No-IV] Section B.

(b). Non-statutory Cover Containing the following documents:

i. Professional Tax (PT) Registration / deposit receipt challan Pan Card, IT Return forlast three years, VAT Registration Certificate & Challan for March, 2015, Service TaxRegistration Certificate & Challan for March,2015.

ii. Registration Certificate under Company Act. (if any).

iii. Registered Deed of partnership Firm / Article of Association & Memorandum.

iv. Power of Attorney (For Partnership Firm / Private Limited Company, if any).

v. Balance Sheet for last 3 (three) years (year just preceding the current Financial Yearwill be considered as year – I)

vi. List of machineries possessed by own / arranged through lease hold agreementalong with authenticated copy of invoice, challan& waybill [Ref.:- Sl. No. 5(viii) of thisN.I.T. and (Section –B, Form IV)]

vii. List of Technical staffs along with structure & organization (Section – B, Form – II).

N.B.:Failure of submission of any of the above mentioned documents will render thetenderer liable to be rejected for both statutory & non statutory cover.

The above Stated Non-Statutory/Technical Documentsshould be arranged in thefollowing manner

Click the check boxes beside the necessary documents in the My Document list and thenclick the tab “Submit Non Statutory Documents” to send the selected documents to Non-Statutory folder.

Next Click the tab “Click to Encrypt and upload” and then click the “Technical” Folder toupload the Technical Documents.

Sl. Category Sub-Category Detail(s)

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No.

Name Description

A. Certificate(s) Certificate(s)

• VAT & Service Tax Registration Certificate &Acknowledgement and Challans for March 2015• PAN.• P Tax – Registration Certificate with latest

Challan.• Income Tax Return for last three years.

B. CompanyDetail(s)

Company Detail

• Proprietorship Firm (Trade License) -Structure &Org.]• Partnership Firm (Partnership Deed, Trade

License)• Ltd. Company (Incorporation Certificate, Trade

License)• Society (Society Registration Copy, Trade

License)• Power of Attorney, Memorandum of Association

and Articles of Association of the Company.

C. Credential Credential -1

• The Manufacturer/Supplier should have a validlicense as Battery operated vehiclemanufacturers/suppliers with factory/workshopset up or their authorized agent should have aservice centre in Eastern Region of India.

D Financial Info

• Tax Audited Report in 3 CD form along withBalance Sheet & Profit & Loss A/c. for the last 3(three) years (year just preceding the currentFinancial Year will be considered as year – I)

E. Equipment Machineries • Authenticated copy as per Form – III, Section-B.

F. Man Power Technical Personnel • List of Technical Staffs with Qualifications &Experience.

Tender Evaluation Committee (TEC)

Evaluation Committee constituted by the Competent Authority of WBHIDCO LTD willfunction as Evaluation Committee for selection of technically qualified contractors.

Opening & evaluation of tender:

If any contractor is exempted from payment of EMD, copy of relevant Government Orderneeds to be furnished.

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Opening of Technical Proposal:

Technical proposals will be opened by the Concerned Tender Inviting Authority or hisauthorized representative electronically from the website using their Digital SignatureCertificate (DSC).

Intending tenderers may remain present if they so desire.

Cover (folder) for Statutory Documents will be opened first and if found in order, cover(folder) for Non-Statutory Documents (Ref. Sl. No. A.6.(b).) will be opened. If there is anydeficiency in the Statutory Documents the tender will summarily be rejected.

Decrypted (transformed into readable formats) documents of the non-statutory cover will bedownloaded & handed over to the Tender Evaluation Committee.

Summary list of technically qualified tenderers will be uploaded online.

Pursuant to scrutiny & decision of the Tender Evaluation Committee the summary list ofeligible tenderers & the serial number of work for which their proposal will be considered willbe uploaded in the web portals.

During evaluation the committee may summon of the tenderers & seek clarification /information or additional documents or original hard copy of any of the documents alreadysubmitted & if these are not produced within the stipulated time frame, their proposals will beliable for rejection.

1. Financial Proposal

The financial proposal should contain the following documents in one cover (folder) i.e. Bill ofQuantities (BOQ). The contractor is to quote the rate (inclusive of all taxes as applicable)online through computer in the space marked for quoting rate in the BOQ.

Only downloaded copies of the above documents are to be uploaded virus scanned &Digitally Signed by the contractor.

Financial capacity of a bidder will be judged on the basis of information furnished in Section -B.

Penalty for suppression / distortion of facts:If any tenderer fails to produce the originalhard copies of the documents like Completion Certificates and any other documents ondemand of the Tender Evaluation Committee within a specified time frame or if any deviationis detected in the hard copies from the uploaded soft copies, it may be treated as submissionof false documents by the tenderer and action may be referred to the appropriate authorityfor prosecution as per relevant IT Act.

2. Rejection of Bid:

Authority/Client reserves the right to accept or reject any Bid and to cancel the Biddingprocesses and reject all Bids at any time prior to the award of Contract without therebyincurring any liability to the affected Bidder or Bidders or any obligation to inform the affectedBidder or Bidders of the ground for Authority/Client’s action.

3. Award of Contract

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The Bidder whose Bid has been accepted will be notified by the Tender Inviting & AcceptingAuthority through a Letter of Intent.

The notification of award will constitute the formation of the Contract.

The Agreement in From No. 2911(ii) will incorporate all agreements between the TenderAccepting Authority and the successful bidder. All the tender documents including N.I.T. &B.O.Q. will be the part of the contract documents. After receipt of Letter of Intent, thesuccessful bidder shall have to submit requisite copies of contract documents downloadingfrom the website stated in Sl. No. 1 of N.I.T. along with requisite cost through Demand Draftissued from any scheduled/nationalized bank in favour of the WBHIDCO LTD within timelimit to be set in the letter of acceptance.

The selected bidder has to furnish by way of demand draft for the balance amount covering2% of the total project cost. Remaining 8% will be deducted while release of payments forbus procurement. The demand draft should be from a nationalized/ scheduled bank in Indiaand addressed to WBHIDCO Ltd. payable at Kolkata

2.2 Scope of Work

The scope of work would include manufacturing and supplying of 3 buses complyingwith Technical Specifications as laid in Appendix IV in accordance with the provisionsof the NIT

o Provide maintenance of the vehicles and associated charging stations andequipment during the warranty period at their own cost

o Bidder should have adequate experience in this system and all majorequipment manufacturer’s list should be given.

o The overall view of each electric buses should be available with offer.

o The cost will be inclusive of all taxes & duties (including service taxes,if anyand installation as well as 2 (two) weeks trial run and training should have tobe provided to WBHIDCO Ltd.’s personnel for operation.

o The successful bidder should replace the defective spares of the electricbuses for smooth operation for 7 (seven) year as per Terms and conditions.

o The successful bidder is sole responsible for availability of spares and thesame should be replaced within 24 hrs from the time of information giventhrough SMS/Telephone call / e-mail, letter etc., so that agency should becapable with adequate quantity of spares for replacement.

o The Calculation sheet of torque-speed relationship should be submitted withtechnical Bid.

o The data sheet should be submitted with offer duly filled.

o Stepny for carrier/locomotive should be provided.

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*** The quantity as mentioned in BOQ are tentative and it is a package work. Thereforethe bidder has to consider all materials and installation accessories to complete theinstallation in all respect.

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3 APPENDICES3.1 Form – I: Pre-Qualification Application

ToGeneral Manager (Elect), WB HIDCOHIDCO BHABAN,4th FLOOR, NEW TOWN,KOLKATA.

Ref: Tender for(Name of work)

e-N.I.T. No:23/WBHIDCO/GM(E)/2015-16 dated 16.10.2015

Dear Sir,

Having examined the Statutory, Non-statutory & N.I.T. documents, I /we hereby submit allthe necessary information and relevant documents for evaluation.

The application is made by me / us on behalf ofin the capacity

duly authorized to submit the order.

The necessary evidence admissible by law in respect of authority assigned to us on behalf ofthe group of firms for Application and for completion of the contract documents is attachedherewith.

We are interested in bidding for the work(s) given in Enclosure to this letter.

We understand that:

1) Tender Inviting & Accepting Authority / Engineer-in-Charge can amend the scope &value of the contract bid under this project.

2) Tender Inviting & Accepting Authority / Engineer-in-Charge reserve the right to rejectany application without assigning any reason.

Enclosure(s): e-Filling:-

3) Statutory Documents.

4) Non Statutory Documents.

Date:

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3.2 Affidavit – “Y”(To be furnished in Non – Judicial Stamp paper of Rs.100.00 (One Hundred only) dulynotarized)

1) I, the under-signed do certify that all the statements made in the attached documentsare true and correct. In case of any information submitted proved to be false orconcealed, the application may be rejected and no objection/claim will be raised bythe under-signed.

2) The under-signed also hereby certifies that neither our firm M/Snor any of constituent partner had been

debarred to participate in any tender by any Govt. Organization / Undertaking duringthe last 5 (five) years prior to the date of this N.I.T.

3) The under-signed would authorize and request any Bank, person, Firm orCorporation to furnish pertinent information as deemed necessary and/or asrequested by the Department to verify this statement.

4) The under-signed understands that further qualifying information may be requestedand agrees to furnish any such information at the request of the Department.

5) Certified that I have applied in the tender in the capacity of individual/ as a partner ofa firm and I have not applied severally for the same job.

Signed by an authorized officer of the firm.

Title of the officer

Name of the Firm with Seal

Date:

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3.3 Form – II: Structure and Organisation

1) Name of Applicant :

2) Office Address :

Telephone No. :

Fax No. :

3) Name and Address ofBankers :

4) Attach an organization chartshowing the structure of thecompany with names of Keypersonnel and technicalstaff with Bio-data.

:

Note: Application covers Proprietary Firm, Partnership, Limited Company or Corporation.

Signature of applicant including title

and capacity in which application is made.

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3.4 Form – III: Bidder’s Equipment

Name of the Applicant: _____________________________________________________

Whereas, it is entirely the responsibility of the Manufacturer/Supplier to deploy sufficientplant and mechanical equipment to ensure compliance with his obligations under theContract, the following list is an indicative list of the minimum essential basic holding of plantand mechanical equipment which the Manufacturer/Supplier must own or arrange throughlease hold registered agreement. The Manufacturer/Supplier must furnish the documents insupport of ownership or lease hold registered agreement.

Sl. No. Type of Equipment Capacity Supporting Documents

________________________________

Signature of applicant including title andcapacity in which application is made

____________________________ ____________________

Seal and Signature of the Tenderer General Manager (Engg.)– II, WB HIDCO

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3.5 Form – IV: Experience ProfileName of the Firm:

List of projects completed that are similar in nature to the works executed during the last 5(five) years.

Sl.No.

Particulars Projects1 2 3 4 5 6 7 8 9 10

1 Name of Client2 Name, Location & nature of work3 Name of Consulting Engineer responsible for

supervision4 Contract price in Indian Rs.5 Percentage of Participation of company6 Original Date of start of work7 Original Date of completion of work8 Actual Date of starting the work9 Actual Date of completion of work10 Reasons for delay in completion (if any)

Note:

1) Certificate from the Authority/Clients to be attached2) Non-disclosure of any information in the Schedule will result in disqualification of the firm

<Signature of applicant including title and capacity in which application is made>

Date

Company Seal

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3.6 Power of Attorney for signing of Bid

Know all men by these presents, We, …………………………… (name of the firm andaddress of the registered office) do hereby irrevocably constitute, nominate, appoint andauthorise Mr. / Ms (Name), son/daughter/wife of ……………………………… and presentlyresiding at ………………………………….., who is presently employed with us and holdingthe position of ………………………….., as our true and lawful attorney (hereinafter referredto as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things asare necessary or required in connection with or incidental to submission of our bid for the_________ Project proposed or being developed by the __________ (the “Authority/Client”)including but not limited to signing and submission of all applications, bids and otherdocuments and writings, participate in bidders’ and other conferences and providinginformation / responses to the Authority/Client, representing us in all matters before theAuthority/Client, signing and execution of all contracts including the Procurement Agreementand undertakings consequent to acceptance of our bid, and generally dealing with theAuthority/Client in all matters in connection with or relating to or arising out of our bid for thesaid Project and/or upon award thereof to us and/or till the entering into of the ProcurementAgreement with the Authority/Client.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deedsand things done or caused to be done by our said Attorney pursuant to and in exercise of thepowers conferred by this Power of Attorney and that all acts, deeds and things done by oursaid Attorney in exercise of the powers hereby conferred shall and shall always be deemedto have been done by us.

IN WITNESS WHEREOF WE, ………………………….., THE ABOVE NAMED PRINCIPALHAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……………………… DAY OF…………………….., 20.…..

For……………………………..

(Signature, name, designation and address)

Witnesses:

1.

2.

Accepted Notarized

(Signature, name, designation and address of the Attorney)

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3.7 Company ProfileBidder is to submit this form whereby providing details about the firm:

Sl.No.

Particulars Details

1 Name of the Firm2 Registered Address3 Telephone Number4 Fax Number5 E-mail6 Contact Person7 Registration No.8 Registration Year9 Registration Certificate of Factory and

License for manufacturing/supplying Buses10a Status of the Firm (Proprietary/ Partnership

/ Company/ Corporation.)b Proprietorship Certificate, Partnership

Deed/ Company Incorporation Certificatealong with Memorandum of Association andArticles of Association

11 Name and Position of the Head ofCompany/Organization

12 Name and Designation of AuthorizedSignatory

13 Certificate of authorization14 Conditions for warranty and post warranty

servicing of the offered goods (term forreplacement or repair of the defectiveproduct/parts, etc.) and information on theManufacturer’s/Supplier’s authorized agent(name, location, contact details)responsible for provision of warrantymaintenance:

15 Bank Details16 Details of Inspection Equipment for Quality

Assurance available In-house andoutsourced. (The details of InspectingEquipment for Receipt Stage, In- processStage of Inspection and Final Inspection)

17 Details of available Equipment required forSafety Standards as per MORT&HNotification (or latest or others till date)

18 Design Collaboration - Address & otherdetails - Proof of Collaboration

19a Manufacturing/supplying Collaboration -Address & other details

b Proof of Collaboration20a Quality Certificate (from reputed/

recognized Firm) - Certificate No. - Date of

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Validity

b Copies of Certificates.21a Details of Safety Critical Items with their

Type Approval Certificate No. and Date(wherever applicable)

b Copies of Certificates.22a Quality Management System Certification

(e.g. ISO: 9001-2000)b Copies of Certificates.

23a Quality System Certification (e.g. ISO :16949-1999 )

b Copies of Certificates.24a Environment Management Certification

(ISO:14001-1996)b Copies of Certificates.

25a Others, if anyb Copies of Certificates.

<Signature of the Authorized Signatory>

<Name of the Authorized Signatory>

<Designation>

Note: All Certificates and relevant document, in order of the above, must be included in asingle file along with various clarifications relevant to the Company profile. The aboveTable will act as the duly signed summary sheet in the beginning of the document.

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3.8 Annual Maintenance Contract for Electric Mobility Solution

3.8.1 Scope of work

Tentative scope of work under an Annual Maintenance Contract for Electric Mobility that maybe followed:

Sl.No. Scope of Annual Maintenance Contract

Vehicle relatedElectric related

(Specific to electricvehicles)

Infrastructure related

1 Transmission oil (change) Traction batteries Fast charge station(located in route , outsidedepot)

2 Rear axle oil (change) Traction Motor Normal charge station(located inside depot)

3 Power steering oil (change) Power steeringpump motor

All high voltageequipment related to 1 &2

4 Coolant (change) Air compressor5 Chassis greasing (change) Coolant pump motor6 Hub greasing (change)7 Air filter (change)8 Repair of major aggregates (axles,

suspension, transmission, steering)9 Wear items (Suspension bush &

Shock absorbers)10 Critical & essential spares

3.8.2 Critical Spares

a. Vehicle related: Minimal stock of critical spares to be maintainedb. Electric related: Minimal stock of critical spares to be maintained

3.8.3 Maintenance Schedule

a. Routinei. Windscreen washerii. Windscreen wipersiii. Air compressor oil leveliv. Check all exterior lamps , destination displayv. Check all Internal lamps , tell talesvi. Tyre pressurevii. Wheel nutsviii. Charging (normal)ix. Tyre puncture

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b. Periodicali. Transmission oil - 12 Months or 12,000 miles, whichever occurs firstii. Rear axle diff oil - At first service then annuallyiii. Power steering oil and filter – annuallyiv. Air Compressor oil - 5000 hours or Annuallyv. Greasing - Every 6 weeks (Minimum)vi. Washing & Cleaning (but to be done under recommended

procedure)vii. Tyre replacementviii. Low voltage battery

3.8.4 Critical Infrastructure requirements

i. Fast charge stations & corresponding high voltage supply(transformers, cables etc.)

ii. Normal / slow charging & corresponding high voltage supply(transformers, cables etc.)

iii. Service pitsiv. Covered baysv. 4 post lift & trolley arrangement to remove power pack cradlevi. Parking bay

a. Provision for regular / slow charging overnight in each bayb. Efficient bay arrangement to minimize high voltage related

equipmentvii. Spectacle Or swan neck towing vehicle (to be towed under axle

beam)

3.8.5 All Inclusive AMC

The maintenance obligation of the Manufacturer/Supplier has been already specified.Any additional maintenance requirement along with all required spare parts iscovered under this AMC provision.

3.8.6 Exclusions from AMC

a. Power consumption for charging the bus

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3.9 Brief Description of the Bidding ProcessAll tenders must be submitted online as per the instructions given here under. The tender isto be submitted in a two Bid System. Technical and Financial Bids shall be submitted onlineat http://wbtenders.gov.in.

Bidders can refer to the following steps:

Step 1: The bidders can enrol themselves on the website http://etender.wb.nic.in using theoption “Click here to Enrol”. This enrolment is free at this point of time.

• Enter a valid email address for login ID. The login ID cannot be modified onceregistered.

• Provide a password which must be minimum 8 characters and maximum 32characters and must be a combination of alphabets and non-alphabetic characters.

• Confirm the password by re-entering and then click Next.Step 2: Possession of a Valid Class II Digital Signature Certificate (DSC) in the form ofsmart card/e-token in the Company's name is a prerequisite for registration and participatingin the bid submission activities through this website. Digital Signature Certificates can beobtained from the authorized certifying agencies, details of which are available in the websitehttp://etender.wb.nic.in under the link “Information about DSC”.

Bidders need to register DSC 24 hrs prior to Bid submission.

• It can be procured from any of the Certifying Authority registered under CCA India.egSify, nCode, MTNL, eMudra etc.

• Respective DSC Drivers needs to be installed.• DSC needs to be physical inserted into the system.• DSC should appear in the Browser.

Step 3: After DSC enrolment, the menu for bid submission gets displayed

• Search Active Tenders-Click here to search the tenders.• Archived Clarification-Click Archived Clarification to see previous clarification• My Tenders-To move tenders in which bidder intends to participate.• My Archive-Lists the tenders which are moved from my tenders (after bid

submission).• Bid Opening (Live)-Click Bid Opening (Live) to get the current status of the Bid

opening• Clarification-Enables to seek clarification related to tenders from the tender inviting

officials.(Seek Clarification would be available only if it has been configured in theTender by TIA)

• My Bids-Lists all bids submitted, allows resubmission and withdrawal.• Tender Status-Stages in which various tenders which are under processing can be

seen.

Step 4: Under My Accounts of the Bidder’s Profile, a bidder can do the following

• Click here to view profile• Click here to edit profile• Click here to change the password

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• Click here to view DSC information• Click here to view the Mail / Sms selection• Click here to upload other important documents.• Frequently asked documents can be uploaded and kept ready to be attached with the

bid while submitting a bid.• A bidder can specify product category.• Mails will be generated and sent if a tender is published under the selected product

category.For further clarification please refer to https://wbtenders.gov.in

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General Terms and Conditions

of three battery operated Electric buses under WBHIDCOLtd., New Town, Kolkata

Draft Document

October 16, 2015



Memo.No.

942/wbhidco/GM(E)/2015-16 Dated: 16.10.2015

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1 GENERAL TERMS AND CONDITIONS ........................................................................ 4

1.1 Definitions............................................................................................................... 4

1.2 Parties to the Contract ............................................................................................ 5

1.3 Assignment and Sub-Contracting............................................................................ 6

1.4 Contract Document: ................................................................................................ 7

1.5 Retention Money..................................................................................................... 8

1.6 Payment Of Retention Money ................................................................................. 8

1.7 Contract Agreement................................................................................................ 8

1.8 Sufficiency Of Offer................................................................................................. 8

1.9 Manufacturer/Supplier’s Rate to Include All Costs for Completing Works................ 8

1.10 Unforeseen Physical Obstructions Or Conditions.................................................... 9

1.11 Programme To Be Submitted.................................................................................. 9

1.12 Cash Flow Estimate to Be Submitted...................................................................... 9

1.13 Safety, Security and Protection Of Environment ..................................................... 9

1.14 Damage to Property And Persons......................................................................... 10

1.15 Insurance for Works, Materials AndEquipment ..................................................... 10

1.16 Notice and Payment Of Fees ................................................................................ 12

1.17 Compliance with Statutes or Regulations.............................................................. 12

1.18 Patent Rights ........................................................................................................ 12

1.19 Manufacturer/Supplier’s Employees...................................................................... 12

1.20 Civil Infrastructure................................................................................................. 14

1.21 Manufacturer/Supplierto Keep Site Clear .............................................................. 14

1.22 Delays in Manufacturer/ Supplier's Performance................................................... 15

1.23 Liquidated Damages............................................................................................. 15

1.24 Quality of Materials and Workmanship And Cost Of Test...................................... 15

1.25 Independent Inspection......................................................................................... 16

1.26 Commencement Of Works.................................................................................... 16

1.27 Supplementary Works And Fixation Of Rates ....................................................... 17

1.28 Arbitration ............................................................................................................. 17

1.29 Inspection of Operations ....................................................................................... 18

1.30 Removal of Improper Work, Materials or Equipment ............................................. 20

1.31 Manufacturer/ Supplier Events of Default.............................................................. 20

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1.32 Authority/ Client Events of Default......................................................................... 20

1.33 Taking over certificate........................................................................................... 21

1.34 Defects liability...................................................................................................... 21

1.35 Defect Liability Certificate...................................................................................... 21

1.36 Bribes and Commission ........................................................................................ 21

1.37 Termination of Contract ........................................................................................ 22

1.38 Payment Upon Termination .................................................................................. 23

1.39 Disputes and Resolution Arising Out Of Interpretation Of Contract Conditions...... 23

1.40 Subsequent Legislation......................................................................................... 23

1.41 Joint Venture and Consortium............................................................................... 24

1.42 Confidentiality ....................................................................................................... 24

1.43 Remedies And Power ........................................................................................... 24

1.44 Earnest Money Deposit (EMD).............................................................................. 24

1.45 Fraud and Corrupt Practices ................................................................................. 25

1.46 Pre-BID Conference.............................................................................................. 27

2 Technical Specification ............................................................................................. 28

2.1 Background........................................................................................................... 28

2.2 Pilot Project for Electric Vehicle procurement........................................................ 28

2.3 Technical Specification ......................................................................................... 28

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1 GENERAL TERMS AND CONDITIONS1.1 Definitions

• The terms “Manufacturer/Supplier” shall mean and include the person, firm orcompany whose tender for the captioned work has been accepted by WBHIDCO LTD.on its behalf as specified and in the case of natural persons, him/her, his/her heirs,executors and administrators and in the case of a partnership firm, the partner ofpartners for the time being of the firm.

• The term “Work” shall mean the activities as stated in the contract.

• The term “Letter of Intent” shall mean and include the terms and conditions ofcontract, Letter of acceptance, the Agreement and mutually accepted conditions in theauthorized correspondence exchanged with the Bidder by WBHIDCO LTD. and anyother document forming part of the contract.

• The term “Work Order” would mean the issue of notice for commencement of work byManufacturer/Supplier and the period of completion shall be counted from then

• The term “Contract Price” shall mean as specified in the Form of Agreement /Agreement on behalf of WBHIDCO LTD.

• The “Authorized representative” shall mean any officer authorized by the WBHIDCOLTD. to act on behalf of the WBHIDCO LTD.

• The term “Government” shall mean the Government of West Bengal and shall includethe Governor of West Bengal.

• The term “Governor of West Bengal” shall mean and include his successors andassigns.

• Authority/Client/HIDCO: The Authority/Client shall mean West Bengal HousingInfrastructure Development Corporation Limited (A Government of West BengalUndertaking) incorporated under the Companies’ Act, 1956 having its Office at ‘HIDCOBHABAN’ 35-1111, 3rd Rotary, New Town, Kolkata-700156 hereinafter referred to as“HIDCO” when used in conjunction with the words ‘As directed’, where directed’, ‘whendirected’, ‘approved’, ‘subject to approval’, ‘satisfactory’, ‘accepted’, ‘equal to’, ‘proper’,‘determined by’ shall mean the Managing Director of the HIDCO or his authorizedrepresentatives.

• Consulting Authority/Client: As may be determined by HIDCO time to time.

• The term “Authority/Client” shall mean the Managing Director, WBHIDCO LTD. andinclude his successor and assign and the term “Authority/Client’s Representative”shall mean the Chief Authority/Client, WBHIDCO LTD. and include his successor andassign.

• The term “Site” means the location provided by the WBHIDCO LTD. where thestipulated work as per the scope of contract is to be carried out.

• The term “Authority/Client” means the Concerned General Manager (Engg.),WBHIDCO LTD., appointed by the Authority/Client or Authority/Client’s Representativeto act as Authority/Client for the purposes of the Contract.

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• The term “Authority/Client’s Representative / Assistant” means a person appointedfrom time to time by the Authority/Client who will be responsible to the Authority/Clientand shall carry out such duties and exercise such authority as may be delegated to himby the Authority/Client.

Any communication given by the Authority/Client’s representative / assistant to theManufacturer/Supplier shall have the same effect as though it had been given by theAuthority/Client. If the Manufacturer/Supplier questions any communication of theAuthority/Client’s representative / assistant he may refer the matter to theAuthority/Client who shall confirm, reverse or vary the contents of such communications.

• “Contract” means this condition, the specification the drawings, the bill of quantities,the tender, the letter of intent, the letter of acceptance, the contract agreement and suchfurther documents as may be expressly incorporated in the letter of intent, letter ofacceptance or contract agreement.

• “Specifications” means the Technical specification of the works included in thecontract and any modifications thereof or additions thereto submitted by theManufacturer/Supplier and approved by the Authority/Client.

• “Bill of quantities” means the priced and completed bill of quantities forming part ofthe tender.

• Interpretation: Words importing persons or parties shall include firms, companies andcorporations and any other organization having legal capacity.

• Singular and Plural: Words importing the singular only also include the plural and viceversa where the context so requires.

• Notices, Consents, Approvals, Certificates and Decisions : Where ever in thecontract provision is made for the giving or issue of any notice, consent or approval orcertificate or determination by any person, unless otherwise specified such notice,consent, approval, certificate or determination shall be in writing and the words “notify”,“certify” or “Decide” shall be construed accordingly. Any such consent, approval,certificate or determination shall not unreasonably be withheld or delayed.

Notices of any other action to be taken on behalf of the WBHIDCO LTD. may be given /taken by the Authority/Client/authorized representative duly authorized for the purposeon its behalf.

1.2 Parties to the ContractThe parties to the contract are the Manufacturer/Supplier of Electric Vehicles shall be offererand bidder whose bid is accepted by WBHIDCO Ltd.

A person signing the Bid or any other document in respect of the contract on behalf ofManufacturer/Supplier without disclosing his authority to do so, shall be deemed to have theauthority to bind the Manufacturer/Supplier to fulfil his obligations as mentioned in such Bidor document. If it is discovered at any time that the person so signing has no authority to doso, Authority may, without prejudice to any other right or remedy of the Authority, cancel thecontract and make or authorize making of a purchase of buses at the risk and cost of suchperson and hold such person liable to Authority for all costs and damages arising from

SECTION - c

cancellation of contract including any loss which Authority may sustain on account of suchpurchase.

Any approval that may be given by Authority or Inspecting Officer on behalf of Authority shallonly be deemed to be approval in principle. Notwithstanding such approval,Manufacturer/Supplier shall be fully and totally responsible for the satisfactory performanceand compliance with contract specifications.

Notwithstanding anything to the contrary contained in this document, the detailed termsspecified in the draft Agreement shall have overriding effect; provided, however, that anyconditions or obligations imposed on the Bidder hereunder shall continue to have effect inaddition to its obligations under the Agreement.

Manufacturer/Supplier shall be absolutely liable for technical design and manufacture ofbuses as per the design and approved as per the AIS 131. It shall not be open toManufacturer/Supplier to contend at a later stage that a particular change/ deviation intechnical parameters/ drawings is not compatible with the overall design of the Bus or affectsperformance. Any losses, whatsoever, which are occasioned on account of the design /technical failure of the Bus, shall be borne by the Manufacturer/Supplier.

The Manufacturer/ Supplier will submit the type approval as per AIS 131 within SIXMONTHS of signing of work order

Since introduction of the electric buses in the public fleet on pilot basis, successive renewalsof the type approval as per AIS 131 is absolutely necessary by the MANUFACTURER/SUPPLIER at their own initiative and costs. And successive renewal certificates will befurnished by the MANUFACTURER/ SUPPLIER before expiry of the earlier.

The Manufacturer/ Supplier will maintain the buses and charging stations with required spare& parts under this agreement for seven years from the date of commercial operation of thebuses.

The Manufacturer or supplier may engage subManufacturer/Supplier for variousmaintenance activities. However, overall responsibilities remain with the Manufacturer/Supplier.

1.3 Assignment and Sub-Contracting

This agreement shall not be assigned by the Manufacturer/Supplier save and except withprior consent in writing of WBHIDCO LTD. which consent WBHIDCO LTD. shall be entitledto decline without assigning any reason whatsoever.

The Manufacturer/Supplier shall neither create nor permit subsistence any encumbranceover or otherwise transfer or dispose of all or any of its rights and benefits under thisagreement to which Manufacturer/Supplier is a party except with prior consent in writing ofWBHIDCO LTD., which consent WBHIDCO LTD. shall be entitled to decline withoutassigning any reason whatsoever. Restraint set forth in any other condition shall not apply to:

a. Liens arising by operation of law (or by an agreement evidencing the same) in theordinary course of business of the work./

b. Liens or encumbrances required by any Applicable law.

SECTION - c

c. Notwithstanding anything to the contrary contained in this Agreement WBHIDCOLTD. may assign any of its rights and benefits and/or obligations under thisAgreement pursuant to any direction of Government of West Bengal or by operationof law or in the course of its own business.

For execution of works within the scope of the tender / contract, the Authority/Client shallhave the right to direct the Manufacturer/Supplier to engage Registered Labour Co-operative(s) formed by PAP of New Town Project and such Manufacturer/Supplier(s) to theoriginal Manufacturer/Supplier shall be referred to as Nominated Sub-Manufacturer/Supplier.

The Manufacturer/Supplier when entering into any Sub-Contract(s) for execution of any partof the work and / or supply of goods, materials or services shall be guided by the relevantterms & conditions of the original Contract.

In case of any conflict/dispute between the Manufacturer/Supplier and such Sub-Manufacturer/Supplier(s), HIDCO shall act as the Principal Authority/Client within the scopeof relevant rules / acts.

1.4 Contract Document:

Language :The language of the contract is English.

Law :The contract shall be governed and construed in accordance with the law of India. Nosuit or other proceedings relating to performance or breach of Contract shall be filed or takenby the Manufacturer/Supplier in any Court of Law except Principal Court of Ordinary CivilJurisdiction to the exclusion of any outside court.

Priority of Contract Documents: The several contract document forming the Contract shallbe taken as mutually explanatory of one another, but in case of ambiguities of discrepanciesthe same shall be explained and harmonized by the officer in charge who shall issue to theManufacturer/Supplier necessary instruction thereon and in such event unless otherwiseprovided in the Contract the priority of the documents forming the contract shall be asfollows:

i) Special Terms and Conditions

ii) Technical Specifications

iii) General Conditions of the Contract.

iv) Schedule of Probable Items with Approximate Quantities

v) Notice Inviting Tender and Corrigenda and Instructions to the Bidders andForms.

vi) HIDCO F 2911(ii)

Ambiguity in Documents: The several Documents forming the contract are to be taken asmutually explanatory of one another and in case of ambiguities or discrepancies, the sameshall be explained and adjusted by the Authority/Client who shall thereupon issue to theManufacturer/Supplier giving instructions directing in what manner the Work is to be carriedout, Provided always that if in the opinion of the Authority/Client, compliance with any suchinstruction shall involve the Manufacturer/Supplier in any expense which by reason of anysuch ambiguity or discrepancy the Manufacturer/Supplier did not and had reason not to

SECTION - c

anticipate, the Authority/Client shall certify and the Authority/Client shall pay such additionalsum as may be reasonable to cover such expense.

Drawings: ‘Drawings’ means the Drawings referred to in the Contract and any modificationsof such drawings approved in writing by the Authority/Client and such other Drawings asmay from time to time be furnished or approved in writing by the Authority/Client.

Supply & Custody of Drawings & Specifications: The Drawings and specifications shallremain in the sole custody of the Authority/Client but two copies thereof shall be furnished tothe Manufacturer/Supplier free of cost. The Manufacturer/Supplier shall provide and make athis own expense any further copies required by him.

Requisition for Drawings and/or Specifications:The Manufacturer/Supplier shall giveadequate notice in writing to the Authority/Client for any further Drawings or Specificationsthat may be required for the execution of the Work or otherwise under the contract.

Additional Drawings: One copy of the Drawings furnished to the Manufacturer/Supplier asaforesaid shall be kept by the Manufacturer/Supplier at the site and the same shall at allreasonable times be available for inspection and used by the Authority/Client and theAuthority/Client’s Representative and by any other person authorized by the Authority/Clientin writing. The Authority/Client shall have full power and authority to supply to theManufacturer/Supplier from time to time during the progress of the Work such furtherDrawings and instructions as shall be necessary for the purpose of the proper and adequateexecution and maintenance of the works and the Manufacturer/Supplier shall carry out andbe bound by the same.

1.5 Retention MoneyAs per existing Rules.

1.6 Payment Of Retention MoneyAs per existing Rules.

1.7 Contract AgreementThe Manufacturer/Supplier shall when called upon so to do, enter into and execute thecontract agreement, to be prepared and completed at the cost of the Manufacturer/Supplier’sin the form annexed to these conditions with such modifications as may be necessary.

1.8 Sufficiency Of Offer

The Manufacturer/Supplier shall be deemed to have satisfied himself as to correctness andsufficiency of the offer which shall, except in so far as it is otherwise provided in the contract,cover all his rights and obligations under the contract and all matters and things necessaryfor proper completion of the work.

1.9 Manufacturer/Supplier’s Rate to Include All Costs for Completing Works

SECTION - c

The Manufacturer/Supplier shall, with due care and diligence design (to the extent stated inthe contract), execute and complete the works and remedy any defects therein as providedin the contract. The Manufacturer/Supplier shall provide all superintendence, materials,Equipment, Manufacturer/Supplier’s equipment and all other things required.

The rates and prices stated in the Bill of Quantities (BOQ) shall be deemed to cover all hisobligations under the contract including those stated above and also in respect of the supplyof goods, materials, Equipments, services, contingencies and all matter and thingsnecessary for proper execution and completion of each item of work in accordance with theTechnical Specifications and remedying of any defects therein. The Manufacturer/Suppliershall take into consideration of all such costs while quoting his rates. No separate paymentshall be made by the Authority/Client to the Manufacturer/Supplier on account of any alliedwork in respect of the BOQ for completing the works in all respects unless providedseparately in the BOQ.

1.10 Unforeseen Physical Obstructions Or ConditionsDuring the period of the contract, if the Manufacturer/Supplier encounters physicalobstructions or physical conditions other than climatic conditions which obstructions orconditions in his opinion not foreseeable by an experienced Entrepreneur, theManufacturer/Supplier shall give notice to the WBHIDCO LTD. The WBHIDCO LTD. in suchcases may consider such measures as to extend the period of contract without any financialrepercussions on either side save and except whatever has been specifically provided for inthe contract. The decision of WBHIDCO LTD. shall be final and binding in such cases.

1.11 Programme To Be SubmittedA Manufacturer/Supplier shall, within 10 days from the date of issue of Authority/ClientLetterof Intent submit to the Authority/Client for his consent a programme for the execution of theworks. The Manufacturer/Supplier shall also provide in writing, a general description of thearrangements and methods it proposes to adopt for timely execution of the works along withthe program of execution.

1.12 Cash Flow Estimate to Be SubmittedThe Manufacturer/Supplier shall from the date of issue of work order commence work andsubmit to the Authority/Client a detailed cash flow estimate of all payments to which theManufacturer/Supplier will be entitled under the contract.

1.13 Safety, Security and Protection Of EnvironmentThese electric busesshall comply to the notion of Zero Emission and relevant testsclearances should be received by the Manufacturer/ Supplier from relevant authorities asmentioned in the MVA 1988/CMVR 1989/ AIS 131

Relevant environmental clearance Certificates should be submitted by the Manufacturer/Supplier to the Authority/Client

SECTION - c

1.14 Damage to Property And PersonsThe Manufacturer/Supplier shall, except if and so far as the Contract provides otherwiseindemnify and keep indemnified the WBHIDCO LTD. against all losses and claims in respectof

a) Death of or injury to any person

b) Loss of or damage to any property

Which may arise out of or in consequence of the work and against all claims proceedings,damages, costs and expenses whatsoever in respect thereof or in connection therewith.

1.15 Insurance for Works, Materials AndEquipmentWithout limiting his obligations and `responsibilities provided herein, theManufacturer/Supplier shall insure in the joint names of the Authority/Client and theManufacturer/Supplier against all loss or damage from whatever cause arising (other thanthe “Excepted Risks”) for which he is responsible under the terms of the Contract and insuch manner that the Authority/Client and the Manufacturer/Supplier are covered during theperiod of Maintenance for the loss or damage arising from a cause, occurring prior to thecommencement of the period of Maintenance and for any loss or damage occasioned by theManufacturer/Supplier in the course of any operation carried out by him for the purpose ofcomplying with his obligation.

a) The Works and the Temporary Works to the full value of such Works executed from timeto time.

b) The materials, Constructional Equipment and other things brought on to the site by theManufacturer/Supplier to the full value of such materials, Constructional Equipment andother things.

Such insurance shall be effected with an insurer and in terms approved by theAuthority/Client (which approval shall not be unreasonably withheld) and theManufacturer/Supplier shall whenever required produce to the Authority/Client the policy orpolicies of insurance and the receipts for payment of current premiums.

Limitation of liability for damage and injury:

The Manufacturer/Supplier shall take every practicable precaution not to damage or injureany adjoining or other properties or any persons. He shall (except if and so far as thecontract provides otherwise) indemnify and keep indemnified the Authority/Client against allclaims for injuries or damage to any persons or any such property whatsoever (includingsurface or other damage to land being or crops being on the Site suffered by tenants oroccupiers) which may arise out of or in consequence of the construction and maintenance ofthe works and against all claims, demands, proceedings, damages, costs, charges andexpenses whatsoever in respect of or in relation thereto. Provided always that nothing hereincontained shall be deemed to render the Manufacturer/Supplier liable for or in respect of orto indemnify the Authority/Client against any compensation or damages for or with respectto:

a) The permanent use or occupation of land by the Works or any Part thereof (save inrespect of damage or crops as aforesaid)

SECTION - c

b) The right of the Authority/Client is to construct the Works or any part thereof on, overunder, in or through any land.

c) Interference whether temporary or permanent with any right of light air, water or othereasement which is unavoidable of the construction of the Works in accordance withthe Contract.

d) Injuries or damages to persons or property resulting from any act or neglect of theAuthority/Client, his agents, servants or other Manufacturer/Suppliers (not beingemployed by the Manufacturer/Supplier) or for or in respect of any claims, demands,proceedings, damages costs charges and expenses in respect thereof or in relationthereto. The Authority/Client will save harmless and indemnify theManufacturer/Supplier from and against all claims, demands, preceding, damages,costs, charges and expenses in respect of the matter referred to in the provisionaforesaid in this Sub-Clause

Insurance for Public Liability and Property Damage:

Upon the execution of the Contract the Manufacturer/Supplier (but without limiting hisobligations and responsibilities stated hereof) shall insure in the joint names of theManufacturer/Supplier and Authority/Client against and damage, loss or injury which mayoccur at any adjoining or other property or to any person by or arising out of the execution ofthe Works or Temporary Works or in the carrying out of the Contract otherwise than due tothe matters referred to hereof. Such insurance shall be effected with an insurer and in termsapproved by the (Authority/Client which approval shall not be unreasonably withheld) and forat least the amount sufficient to cover any claim that may arise and the Manufacturer/Supplier shall whenever required produce to the Authority/Client the policy or policies ofinsurance and the receipts for payment of the current premiums.

The Authority/Client shall have the right at any time to increase the limit / liability of PublicLiability insurance and Property Damage/insurance that those specified by theManufacturer/Supplier in which event the extra premium money to the paid shall bereimbursed by the Authority/Client.

Manufacturer/Supplier shall indemnify Authority/Client against Workmen’scompensator:-The Authority/Client shall not be liable for or in respect of any damages orcompensation payable at law in respect or in consequence of any accident or injury to anyperson or material or physical damage to any property whatsoever save and except anaccident or injury resulting from any act or default or the Authority/Client, his agents orservant and the Manufacturer/Supplier shall indemnify and keep indemnified theAuthority/Client against all such claims and compensation (Save and except as foresaid) andagainst all claims, demands, proceedings, costs, charges and expenses whatsoever inrespect thereof or in relation thereto.

Insurance for Workmen’s, Compensation:The Manufacturer/Supplier shall insure againstsuch liability with and insurer approved by the Authority/Client (Which approval shall not beunreasonably withheld) and shall continue such insurance during the whole of the time thatany persons are employed by him on the Works and shall when required, produce to theAuthority/Client, such policy or policies of insurance and the receipt for payment of thecurrent premium. Provided always that in respect of any persons employed by a Sub-Manufacturer/Supplier, the Manufacturer/Supplier’s obligation to insure as aforesaid underthe sub-Clause shall be satisfied if the Sub-Manufacturer/Supplier shall have insured against

SECTION - c

the liability in respect of such persons in such manner that the Authority/Client is indemnifiedunder the policy but the Manufacturer/Supplier shall require such manner that theAuthority/Client is indemnified under the policy but the Manufacturer/Supplier shall requiresuch Sub-Manufacturer/Supplier to produce to the Authority/Client when required such policyof policies if insurance and the receipt for payment of the current premium.

1.16 Notice and Payment Of Fees

The Manufacturer/Supplier shall give all notices and pay all fees required to be given or paidby any act of Parliament or any regulation or bye-law of any local or other statutory authorityin relation to the execution of the Works or of any temporary Works and by the rules andregulations of all public bodies and companies whose property or rights are or may beaffected in any way by the Works or any Temporary works. The Manufacturer/Supplier shallconform in all respect with the provision of any general or local Act of Parliament and theregulations or bye law of any local or other statutory authority which may be applicable to theWorks or to any Temporary Works and with such rules and regulations of public bodies andcompanies as aforesaid and shall keep the Authority/Client indemnified against all penaltiesand liabilities of every kind for breach if any such Act, regulation or byelaw. Requiredrent/levies/duties/tax/surcharge/royalties as per rule/law of the land in connection to the workare to be borne by the Manufacturer/Supplier wherever necessary. Service Tax witheducational Cessas well as construction Cessif applicable and levied by the Government willbe borne by the WBHIDCO LTD.

1.17 Compliance with Statutes or RegulationsThe Manufacturer/Supplier shall comply with all Central or State Statutes, Rules or otherRegulations in all respects;

1.18 Patent RightsThe Manufacturer/Supplier shall save harmless and indemnify the WBHIDCO LTD. from andagainst all claims and proceedings for or on account of infringement of any patent rights,design trade mark or name or other protected rights in respect of Manufacturer/Supplier’sequipment material or plaints used by Manufacturer/Supplier in connection of the work.

1.19 Manufacturer/Supplier’s EmployeesThe WBHIDCO LTD. shall be at liberty to require the Manufacturer/Supplier to remove fromthe construction works such person who in the opinion of the WBHIDCO LTD. misconductshimself or is incompetent or negligent in the proper performance of his duties or whosepresence at the site is considered undesirable.

Manufacturer/Supplier’s Site Staff:

The Manufacturer/Supplier shall give or provide all necessary superintendence during theexecution of the works and as long thereafter as the Authority/Client may considernecessary. The Manufacturer/Supplier or a competent representative approved of in writing

SECTION - c

by the Authority/Client (which approval may at any time be withdrawn) is to be constantly onthe works and shall give his whole time to the superintendence of the same.

Manufacturer/Supplier’s Labour:

• Wages and Conditions of labour: The Manufacturer/Supplier shall pay rates ofWages and observe hours and conditions of labour (local unskilled worker) not lessfavourable than those established for the trade or industry in the district where thework is carried out by machinery of negotiation or arbitration to which the parties areorganizations of Authority/Clients and trade unions representative respectively ofsubstantial proportions of the Authority/Clients and workers engaged in the trade orindustry in the district., In the absence of any rates of wages and observe hours andconditions of labour which are not less favourable than the general level of Wageshours and conditions observed by other Manufacturer/Suppliers whose generalcircumstances in trade and industry in which the Manufacturer/Supplier is engagedare similar.

• Labour License: The Manufacturer/Supplier will have to obtain Labour License fromthe appropriate authority as per prevalent labour laws/regulations and to identify theAuthority/Client (WBHIDCO Ltd.) as principal Authority/Client against any financial orother obligations arising out of labourers/ workers, employed by theManufacturer/Supplier., On obtaining such certificate at the appropriate time, theManufacturer/Supplier will have to submit an attested Xerox copy of the same to theAuthority/Client in Charge of the work.

• Manufacturer/Supplier to certify the compliance with Wages and Conditions oflabour: The Manufacturer/Supplier shall in respect of all persons employed by him(whether in the execution of the Contract or otherwise) in every factory/workshop orplace used by him for the execution of the contract and if required by theAuthority/Client shall, before entering into the Contract, certify that to the best of hisknowledge and belief he has complied with the provisions aforesaid for the threemonths immediately preceding the date of submission of the Manufacturer/Supplier’sTender.

• Manufacturer/Supplier to furnish return of labour employed: TheManufacturer/Supplier shall if required by the Authority/Client deliver to theAuthority/Client or to his representative a return in such form and at such intervals asthe Authority/Client may prescribe showing in detail the numbers of the severalclasses of labour from time to time employed by the Manufacturer/Supplier on theSite and such information in respect of Constructional Equipment as theAuthority/Client may require.

• Other obligations of the Manufacturer/Supplier towards labour:

o The Manufacturer/Supplier shall make his own arrangements for engagementof all labour, local or otherwise, and save in so far as the Contract otherwiseprovides, the transport, housing, feeding and payment thereof.

o The Manufacturer/Supplier shall so far as is reasonably practicable, havingregard to the conditions, provide on the site, to the satisfaction of theAuthority/Client’s Representative adequate supply of drinking and other waterfor the use of the Manufacturer/Supplier’s staff and work people.

SECTION - c

o The Manufacturer/Supplier shall not, otherwise that in accordance with theStatutes, Ordinances and Government Regulations or Orders for the timebeing in force, import, sell, give, barter or otherwise dispose of any alcoholicliquor, or drugs, or permit or suffer any such importation sale, gift barter ordisposal by his sub-Manufacturer/Suppliers, agents or employees.

o The Manufacturer/Supplier shall not give, barter or otherwise dispose of toany person or persons, any arms or ammunition of any kind or permit orsuffer the same as aforesaid.

o The Manufacturer/Supplier shall in all dealings with labour in his employmenthave a due regard to all recognized festivals, days or rest and religious orother customs,

o In the event of any outbreak of illness of an epidemic nature theManufacturer/Supplier shall comply with and carry out such regulations,orders and requirements as may be made by the Government, or the localmedical or sanitary authorities for the purpose of dealing with the overcomingthe same.

o The Manufacturer/Supplier shall at all times take all reasonable precautions toprevent and unlawful riotous or disorderly contract by or amongst hisemployees and for the preservation of peace and protection of persons andproperty in the neighborhood of the Works against the same.

o The Manufacturer/Supplier shall be responsible for observance by his sub-Manufacturer/Suppliers of the foregoing provision.

o Compensation against idle time: No claim will be entertained against idle timefor reason whatsoever.

o At least one engineer should always be place at the site in order to assist inemergency situations. This condition shall not be altered till a writtenapplication has been written to the Authority/Client and accordingly reviewed.

1.20 Civil InfrastructureWBHIDCO Ltd. will not provide any civil infrastructure required by the Manufacturer/Supplierfor setting up charging stations, shed/workshop, etc.Manufacturer/Supplier shall establish allcivil infrastructures. WBHIDCO Ltd. shall only provide land and electric meter.

1.21 Manufacturer/Supplierto Keep Site Clear

During the execution of the Works the Manufacturer/Supplier shall keep the Site reasonablyfree from all unnecessary obstruction and shall store or dispose of anyManufacturer/Supplier’s Equipment and surplus materials and clear away and remove fromthe Site any wreckage, rubbish or Temporary Works no longer required at the earliest. If theManufacturer/Supplier fails to remove such materials despite request from theAuthority/Client, the same may be arranged to be removed by the Authority/Client and costthereof will be recovered from the dues of the Manufacturer/Supplier.

SECTION - c

1.22 Delays in Manufacturer/ Supplier's PerformanceDelivery to be effected without time over-run: The time allowed for and the date specified inthe contract or as extended or modified, for delivery & commissioning of buses shall be theessence of the contract and delivery must be completed not later than the date(s) sospecified or extended.

Progress of deliveries: Manufacturer/ Supplier shall allow reasonable facilities and freeaccess to his works and records to Inspecting Officer or such other Officer as may benominated by Authority/Clientfor the purpose of ascertaining the progress of deliveries, etc.under the contract.

A failure or delay by Manufacturer/ Supplier in performance of his obligations for delivery andcommissioning of buses, Authority/Clientat his discretion may take following actions:

a. Extend delivery period for unsupplied/ non-commissioned quantity of buses withimposition of pre-estimated liquidated damages and duties and taxes of generalconditions and/or

Terminate the contract for unsupplied quantity of buses as per the provision ofgeneral conditions; and

b. Effect purchases at the Manufacturer/ Supplier’s risk and cost for unsuppliedquantity;

If at any time during performance of Contract, Manufacturer/ Supplier encounters conditionsbeyond its control impeding timely delivery of buses, Manufacturer/ Supplier shall promptlynotify the Authority/Clientin writing of the fact of delay, its likely duration and its cause(s). Assoon as practicable after receipt of the Manufacturer/ Supplier's notice, Authority/Clientmayevaluate the situation and may, at his discretion, extend Manufacturer/ Supplier's time forperformance, in which case, the extension shall be ratified by the parties by amendment ofthe Contract. The extension, if any, shall not affect condition of time being of the essence ofthe Contract.

1.23 Liquidated DamagesSubject to Clause above, if the Manufacturer/ Supplier fails to complete the commissioningof same within the delivery period (s) specified in the contract, the Authority/Clientshall,without prejudice to other remedies under the contract, levy/deduct pre-estimated liquidateddamages, @ 0.25% per week or part thereof of the total value of the buses inclusive of taxesand duties whose supply has been delayed of the total value of the unsupplied busesinclusive of duties & taxes which the Manufacturer/ Supplier has failed to deliver/commissionwithin the period fixed for delivery/commission for delay of each week or part thereof.

The amount of pre estimated liquidated damages to be charged under the contract, in termsof preceding clauseshall not exceed 5% of the total value of the undelivered quantity.Manufacturer/ Supplier agrees that pre-estimated damages are fair and genuine pre-estimate and not by way of penalty. Manufacturer/ Supplier also agree that he shall notdispute the same in any manner.

1.24 Quality of Materials and Workmanship And Cost Of Test

SECTION - c

All materials and workmanship shall be of respective kinds described in the contract and inaccordance with the Authority/Clients instructions. The Manufacturer/Supplier shall provideall assistance, labour, electricity, fuels, stores, apparatus and instruments as required fortesting of any materials and works. Manufacturer/Supplier shall supply sample of materialsbefore using the same in the work. All samples shall be supplied by theManufacturer/Supplier at his own cost and the cost of making any test as required under thecontract and / or directed by the Authority/Client shall borne by the Manufacturer/Supplier.

1.25 Independent InspectionThe Authority/Client may delegate inspection and testing of materials or works to anyIndependent Inspector who shall be considered as an assistant to the Authority/Client

1.26 Commencement Of WorksThe Manufacturer/Supplier shall commence the works from the date of issue of work order tocommence work failing which action may be resorted to by the Authority/Client.

Temporary Way-leaves:

The Manufacturer/Supplier shall bear all expenses and charges for special temporary wayleaves required by him in connection with access to the Site. A general network of roadbroadly covering the entire site shall be provided by Authority/Client. Additional accessroads, if required, shall be provided by the Manufacturer/Supplier. TheManufacturer/Supplier shall also provide at his own coast any additional accommodationoutside the site required by him for the Purposes of the Works.

Night and Holiday work:

Subject to any provision to the contrary contained in the contract, none of the permanentwork excluding excavation, carriage and dumping of earth shall, save as hereinafterprovided be carried on during the night or on Sunday or other holidays without thepermission in writing of the Authority/Client save when the work is unavoidable or absolutelynecessary for the saving of life or property or for the safety of the Work, in which case theManufacturer/Supplier, shall immediately advise the Authority/Client or Authority/Client’sRepresentative., Provided always that the provisions of this sub-clause shall not beapplicable in the case of any work which it is customary to carry out the rotation of doubleshifts. The whole of the materials, Equipment and labour to be provided by theManufacturer/Supplier in night and holiday work under the Sub-Clause and the mode,manner and speed of execution and maintenance of the Works are to be of a kind andconducted in manner approved by the Authority/Client. Should the rate of progress of theworks or any part thereof be at any time in the opinion of the Authority/Client, is too slow toensure the completion of the Work by the prescribed time or extended time for completion,the Authority/Client shall so notify the Manufacturer/Supplier in writing and theManufacturer/Supplier shall thereupon take such steps as the Manufacturer/Supplier maythink necessary and the Authority/Client approved to expedite progress so as to completethe Work by the prescribed time or extended time for completion. If the Work is not beingcarried on by day and by night and the Manufacturer/Supplier shall request permission towork by night as well as by day on Sunday and other holidays then, if the

SECTION - c

Authority/Clientshall grant such permission the Manufacturer/Supplier shall not be entitled toany additional payment for so doing but if such permission shall be refused and there shallbe no equivalent practicable method of expediting the progress of the work, the time forcompletion of the Works shall be extended by the Authority/Client by such period as is solelyattributable to such refusal. All work at night shall be carried out without unreasonable noiseand disturbance. The Manufacturer/Supplier shall indemnify the Authority/Client from andagainst and liability for damages on account of noise or other disturbance created whilecarrying out the work and from the against all claims, demands, proceedings, damages,costs charges and expenses whatsoever in regard or in relation to such liability.

1.27 Supplementary Works And Fixation Of RatesThe Authority/Client shall have power to make any alteration in, omissions from, additions toor substitutions for, the original specifications, drawings, design and instruction, that mayappear to him to be necessary or advisable during the progress of the work and theManufacturer/Supplier shall be bound to carry out the work in accordance with anyinstructions which may be given to him in writing signed by the Authority/Client and suchalterations, omissions, additions or substitutions, shall not invalidate the contract but shall bedeemed to have formed as work included in the original tender and any altered, additional orsubstituted work which the Manufacturer/Supplier may be directed to do in the mannerabove specified as part of the work shall be carried out by the Manufacturer/Supplier on thesame condition in all respects on which they agreed to do the main work and at the samerates, if any, may be specified in the tender for the main work. The time for the completion ofthe work shall be extended in the proportion that the altered, additional or substituted workbears to the original contract work and the certificate of the Authority/Client shall beconclusive as to such proportion. Final rate based on current market rate of materials shouldbe arrived with application of 10% for overhead plus profit on value of materials and labour(if applicable) procured from market. In support of market rates at least two quotations frombonafide concerns have to be furnished. In the event of disagreement by theManufacturer/Supplier the rate fixed by the Authority/Client shall be final and binding.

The authority of the Authority/Clients to order and determine the rate of supplementary workis limited to 5% of the estimated amount or 10% of the contract price whichever is less. If thevariation or supplementary amount of work exceeds the above aforesaid limit, prior approvalof Authority/Client has to be taken by the Authority/Client for ordering and fixing rates of suchworks.

1.28 Arbitrationa Arbitrators

Any Dispute which is not resolved amicably shall be finally settled by binding arbitrationunder the Arbitration and Conciliation Act, 1996. The arbitration shall be by a Retired Justiceof High Court as Sole Arbitrator, to be appointed by the “West Bengal Housing InfrastructureDevelopment Corporation Limited, New Town, Kolkata”. Such arbitration shall be held inaccordance with the provisions of the Arbitration and Conciliation Act, 1996 and anyamendments thereto. The arbitrator shall issue a reasoned Award.

b Place of Arbitration

SECTION - c

The place of arbitration shall be Kolkata.

c Language

The request for arbitration, the answer to the request, the terms of reference, any writtensubmissions, any orders and rulings shall be in English and, if oral hearings take place,English shall be the language to be used in the hearings.

d Procedure

The procedure to be followed in the arbitration by the Sole Arbitrator shall be in accordancewith the Arbitration & Conciliation Act, 1996 and as may be decided by the Sole Arbitrator.

e Enforcement of Award

Any decision or award resulting from arbitration shall be final and binding upon the Parties.The Parties hereto hereby waive, to the extent permitted by law, any rights to appeal or toreview of such award by any Court or Tribunal. The Parties hereto agree that the arbitralaward may be enforced against the Parties to the arbitration proceedings or their assetswherever they may be found and that a judgment upon the arbitral award may be entered inany Court having jurisdiction thereof.

f Fees and Expenses

The fees and expenses of the Sole Arbitrator and all other expenses of the arbitration shallbe initially borne and paid by the respective Parties equally subject to determination by theSole Arbitrator. The Sole Arbitrator may provide in the arbitral award for the reimbursementto the prevailing party of its costs and expenses in bringing or defending the arbitrationclaim, including legal fees and expenses incurred by the said Party.

g Performance during Arbitration

Pending the submission of and/ or decision on a dispute, difference or claim or until thearbitral award is published; the Parties shall continue to perform all of their obligations underthis Contract without prejudice to a final adjustment in accordance with such award

1.29 Inspection of OperationsThe Authority/Client, and any person authorized by him, shall at all reasonable times haveaccess to the Site and to all workshops and places where materials or Equipment are beingmanufactured, fabricated or prepared for the Works and the Manufacturer/Supplier shallafford every facility for and every assistance in obtaining the right to such access.

Alterations additions and omissions

Power to order variation:

The Authority/Client shall make any variation of the form, quality or quantity of the Work orany part thereof that may in his opinion be necessary and for that purpose or if for any otherreason it shall in his opinion be desirable, he shall have the power to order theManufacturer/Supplier to do and the Manufacturer/Supplier shall do any of the following: -

a) Increase or decrease the quantity of any work included in the Contract.

b) Omit any such work.

c) Change the character or quality or kind of any such work.

SECTION - c

d) Change the levels lines, position and dimensions of any part of the Worksand

e) Execute additional work of any kind necessary for the completion of theworks. And no such variation shall in any way vitiate or invalidate theContract, but the value if any of all such variations shall be taken into accountin ascertaining the amount of the Contract Price and time of completion.

Variation to be carried out on written order:

No such variation shall be made by the Manufacturer/Supplier without an order in writing ofthe Authority/Client. Provided that no order in writing shall be required for increase ordecrease in the quantity of any work where such increase or decrease is not the result of anorder given under this Clause but is the result of their quantities exceeding or being less thatthose stated in the Bill of Quantities. Provided., Also that if for any reason theAuthority/Client shall consider it desirable to give any such order verbally theManufacturer/Supplier shall comply with such order and any confirmation in writing of suchverbal order given by the Authority/Client and such confirmation shall not be contradicted inwriting by the Authority/Client within 14 days of receipt thereof, it shall be deemed to be onorder in writing by the Authority/Client.

Adjustment to Contract Price:

The Authority/Client shall determine the amount (if any) to be added to or deducted from thecontract Price in respect of any extra or additional work done or work omitted by his order.All such work shall be valued at the rates set out in the contract if in the opinion of theAuthority/Client, the same shall be applicable, If the Contract shall not contain any ratesapplicable to the extra or additional work, the rate may then be analyzed as per data book ofMORT&H/State PWD/PWD Roads Schedule of Rates applicable to the area of the time oftendering with a plus or minus variation to be quoted in the Tender When PWD/PWD Roadsrate is not available then the Extra rate shall be arrived at by actual cost of labour andmaterials plus 10% [ten percent] Manufacturer/Supplier’s profit and overhead.

Manufacturer/Supplier to furnish receipts & vouchers:

The Manufacturer/Supplier shall furnish to the Authority/Client such receipts or othervouchers as may be necessary to prove the amounts paid and before ordering materialsshall submit to the Authority/Client quotations for the same for the approval.

Manufacturer/Supplier to maintain & furnish list of all workmen employed on day-workbasis and materials consumed: In respect of all work executed on a day work basis, theManufacturer/Supplier shall during the continuance of such work deliver each day to theAuthority/Client, an exact list in duplicate of the names, occupations and durations of allworkmen employed on such work and a statement also in duplicate showing the descriptionand quantity of all materials and Equipment used thereon or therefore. One copy of each listand statement will if correct in when agreed be signed by the Authority/Client and returned tothe Manufacturer/Supplier. AT the end of each month the Manufacturer/Supplier shall deliverto the Authority/Client periodical statement of the labour, materials and Equipment (exceptas aforesaid used and the Manufacturer/Supplier shall not be entitled to any payment unlesssuch lists and statements have been fully and punctually rendered. Provided always that it,the Authority/Client shall consider that for any response, the sending of such list of statementby the Manufacturer/Supplier in accordance with the foregoing provision was impracticable

SECTION - c

he shall nevertheless be entitled to authorize payment for such work whether as day work(on being satisfied as to the time employed and Equipment and materials used on suchwork) or at such value thereof as he shall consider fair and reasonable.

Manufacturer/Supplier to furnish monthly account of extra work:

The Manufacturer/Supplier shall send to the Authority/Client once in every month, anaccount giving full and detailed particulars of all claims for any additional expenses to whichthe Manufacturer/Supplier may consider himself entitled to and of all extra or additional workordered by the Authority/Client, which he has executed during the preceding month and noclaim for payment of any such work will be considered which has not been included in thesuch particulars. Provided always the Authority/Client shall be entitled to authorize paymentto be made for any such work notwithstanding the Manufacturer/Supplier’s failure to complywith this condition, if the Manufacturer/Supplier has at the earliest practicable opportunitynotified the Authority/Client in writing that he intends to make a claim for such work.

1.30 Removal of Improper Work, Materials or EquipmentThe Authority/Client shall have authority to issue instructions from time to time, for:-

(a) Total removal from the Site, within such time or times as may be specified inthe instructions, of any materials or Equipmentwhich, in the opinion of theAuthority/Client, are not in accordance with the Contract,

(b) The substitution of proper and suitable materials or Equipment, and(c) The removal and proper ex-execution, notwithstanding any previous test

thereof or interim payment thereof, of any work which, in respect of(i) Materials, Equipmentor workmanship, or(ii) Design by the Manufacturer/Supplier or for which he is responsible, is not,

in the opinion of the Authority/Client, in accordance with the Contract.

1.31 Manufacturer/ Supplier Events of DefaultFollowing events shall constitute an Event of Default by Manufacturer/ Supplier(Manufacturer/ Supplier’s Event of Default) unless such event has occurred as a result ofa Force Majeure Event:

a if Manufacturer/ Supplier fails to deliver any or all of the buses or fails to commissionthe same within the delivery schedule(s) specified in contract or any extensionthereof granted by Authority/ Client

b In case of pre-decided Liquidated Damages exceeds the limit

c If Manufacturer/ Supplier fails to perform any other obligation(s) under the contract.

1.32 Authority/ Client Events of DefaultFollowing events shall constitute an Event of Default by Authority/ Client (Authority/ Client’s Event of Default) unless such event has occurred as a result of a Force Majeure Event:

a The Authority/ Client is in Material breach of any of its obligations under this Contractand has failed to cure such breach within sixty (60) days of occurrence thereof

SECTION - c

b The Authority/ Client has unlawfully repudiated this Contract or otherwise expressedits intention not to be bound by this Contract.

c Performa any other obligations under the Contract

1.33 Taking over certificateWhen the whole of the Works have been completed and have satisfactorily passed anyTests on Completion prescribed by the Contract, the Manufacturer/Supplier may give anotice to that effect to the Authority/Client, with a copy to the Authority/Client, accompaniedby a written undertaking to finish with due expedition any outstanding work during theDefects Liability Period. Such notice and undertaking shall be deemed to be a request by theManufacturer/Supplier for the Authority/Client to issue a Taking-Over Certificate in respect ofthe Works.

The Authority/Client shall, refer the issue to the Authority/Client’s representative with a copyto the Manufacturer/Supplier, seeking approval for issue of ‘Taking Over Certificate’, statingthe date on which, in his opinion, the works were substantially completed in accordance withthe contract, or give instructions in writing to the Manufacturer/Supplier specifying all thework which, in the Authority/Client’s opinion, is required shall also notify theManufacturer/Supplier of any defects in the Works affecting substantial completion that mayappear after such instructions and before completion of the Works specified therein. Onreceipt of approval from the Authority/Client’s representative, General Manager (Electrical)will issue such ‘Taking over Certificate’. The Manufacturer/Supplier shall be entitled toreceive such Taking-Over Certificate within 21 days of completion, to the satisfaction of theAuthority/Client, of the works so specified and remedying any defects so notified.

1.34 Defects liability

The defect liability period shall mean the period of one year calculated from the date ofcompletion of works certified by the Authority/Client.

1.35 Defect Liability CertificateThe contract shall not be considered as completed until a defect liability certificate shall havebeen signed by the Authority/Client and delivered to the Authority/Client’s Representativewith a copy to the Manufacturer/Supplier, stating the date on which theManufacturer/Supplier shall have completed his obligations to execute and complete theworks and remedy any defects therein to the Authority/Client satisfaction as per terms of theNIT i.e. seven years after completion of the work.

1.36 Bribes and CommissionAny bribes, commission, gift or advantages given, promise of bridge by or on behalf of theManufacturer/Supplier or servants or any one on their behalf to any officer, employee,representative or Manufacturer/Supplier of the WBHIDCO LTD. or any person on his or theirbehalf of showing favour of disfavor to any person in relation to the contract, in any manner

SECTION - c

whatsoever will entitle the WBHIDCO LTD. to cancel his contract and also to claim formMANUFACTURER/SUPPLIER’s payment, any loss or damage resulting from suchcancellation.

1.37 Termination of ContractWithout prejudice to any other right or remedies which the Authority/ Client may have underthis Contract, upon occurrence of an Manufacturer/ Supplier event of default, the Authority/Client shall be entitled to terminate this Contract by issuing a Termination Notice to theManufacturer/ Supplier; provided that before issuing the Termination Notice, the Authority/Client shall by a notice inform the Manufacturer/ Supplier of its intention to issue suchTermination Notice and grant 15 (fifteen) days or reasonable period at sole discretion ofAuthority/ Client to the Manufacturer/ Supplier to remedy the default (“Remedial Period”)and/or make representations, and may after the expiry of such Remedial Period on non-remedy of breach/default at the satisfaction of the Authority/ Client , whether or not it is inreceipt of such representation, issue Termination Notice and then terminate the Contract.

. The contract shall forthwith stand terminated if the Manufacturer/Supplier:

a) Has repudiated the contract

b) Has failed to comply with the instructions issued by WBHIDCOLTD. or its authorized officer or has failed to commence the workwithin 15 days after receiving the “Notice to proceed with the work”

c) Despite previous warning is otherwise persistently or flagrantlyneglecting to comply with any of the obligations under the contract.

d) Committed any breach of any of the terms of contract, or

e) Has given false or untrue information regarding eligibility to bid, asrevealed at the selection process is over or even earlier or

f) Non courteous, rude behavior with the public

g) Breach of any of the terms and conditions of the contract for anyreason whatsoever then the Authority/Client may after giving 15days’ notice to the Manufacturer/Supplier, enter upon the sire andworks and terminate the Employment of the Manufacturer/Supplierwithout thereby releasing the Manufacturer/Supplier from any ofhis obligations or liabilities under the contract or affecting the rightsand authorities conferred on the Authority/Client or theAuthority/Client by the contract, and may himself complete theworks or may employ any other Manufacturer/Supplier to completethe works.

Termination Notice period of 15 days shall be granted to the Manufacturer/ Supplier in orderfor them to wrap up all their available services and equipment

In the event of termination due to Manufacturer/ Supplier Event of Default, Authority/ Clientshall have the right to;

• invoke and retain the Security Deposit amount in full

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• Authority/ Client shall not be liable to pay any termination payment to theManufacturer/ Supplier in respect of such termination

• Manufacturer/ Supplier shall be granted pay of the tasks already fulfilled by themfrom the Authority/ Client , for which, invoice from the Manufacturer/ Supplier wasalready submitted to the Authority/ Client

• The Authority/ Client hold any other right to release any other payment to theManufacturer/ Supplier

In the event the Authority/ Client terminates the contract in whole or in part, Authority/ Clientmay enter into fresh contract with any other Manufacturer/ Supplier for completing unfulfilledportion of contract and Manufacturer/ Supplier (whose Contract is terminated) shall be liableto Authority/ Client for any excess costs for such buses, their commissioning for Warranty.However, Manufacturer/ Supplier shall continue performance of the contract to the extent notterminated.

In the event of termination due to Authority/ Client Event of Default, Authority/ Client shall;

• Refund the Security Deposit amount in full after deduction of any due payable by theManufacturer/ Supplier

• Authority/ Client shall not be liable to pay any termination payment to theManufacturer/ Supplier in respect of such termination, except the payment to bemade for the buses delivered by the Manufacturer/ Supplier and to which the FinalAcceptance Certificate has been issued, Manufacturer/ Supplier.

1.38 Payment Upon TerminationUpon termination of the contract WBHIDCO LTD will arrange joint measurement or inabsence of the Manufacturer/Supplier ex-party measurement of the works already executedwhich are considered acceptable but not paid within a reasonable time. TheManufacturer/Supplier will be entitled to receive payment for the unpaid works as statedabove. If liquidated damages have to be recovered under terms of contract, the same shallbe separately recovered from the dues of the Manufacturer/Supplier and/or from the amountof retention money at hand. Retention should otherwise be refunded to theManufacturer/Supplier as per terms of contract.

1.39 Disputes and Resolution Arising Out Of Interpretation Of ContractConditions

In case of Disputes or differences of opinion arising out of interpretation of contractconditions the decision of the Managing Director, WBHIDCO LTD. shall be final and bindingon the MANUFACTURER/SUPPLIER. The Manufacturer/ Supplier shall be given reasonableopportunity to represent his case before the Managing Director.

1.40 Subsequent LegislationIf, after the date 28 days prior to the latest date for submission of tenders for the Contractthere occur in the country in which the Works are being or are to be executed changes to

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any National or State Statute, Ordinance, Decree, or other Law or any regulation or bye-lawof any local or other duly constituted authority, or the introduction of any such State Stature,Ordinance, Decree, law, regulation or bye-law which causes additional or reduced cost tothe Manufacturer/Supplier, in the execution of the Contract, the Manufacturer/Supplier willbear the cost of or benefit from such additional or reduced cost.

1.41 Joint Venture and Consortium

Submission of Bid as a Joint Venture or a Consortium shall not be allowed.

1.42 ConfidentialityInformation relating to the examination, clarification, evaluation and recommendation for theBidders shall not be disclosed to any person who is not officially concerned with the processor is not a retained professional advisor advising the Authority/Client in relation to or mattersarising out of, or concerning the Bidding Process. The Authority/Client will treat allinformation, submitted as part of the Bid, in confidence and will require all those who haveaccess to such material to treat the same in confidence. The Authority/Client may not divulgeany such information unless it is directed to do so by any statutory entity that has the powerunder law to require its disclosure or is to enforce or assert any right or privilege of thestatutory entity and/ or the Authority/Client or as may be required by law or in connectionwith any legal process.

1.43 Remedies And PowerUrgent repair work: If, by reason of any accident, or failure or other event occurring to or inconnection with the Works, or any part thereof, either during the execution of Works, orduring the period of Maintenance any remedial or other work or repair shall, in the opinion ofthe Authority/Client, be urgently necessary for security and the Manufacturer/Supplier isunable or unwilling at once to do such work of repair the Authority/Client may by his own orother workmen do such work or repair as the Authority/Client may consider necessary. If thework or repair so done by the Authority/Client is work which, in the opinion of theAuthority/Client, the Manufacturer/Supplier was liable to do at his own expenses under theContract all costs and charges properly incurred by the Authority/Client in so doing shall ondemand, be paid by the Manufacturer/Supplier to the Authority/Client or may be deducted bythe Authority/Client from any money due or which may become due to theManufacturer/Supplier. Provided always that the Authority/Client shall as soon after theoccurrence of any such emergency as may be reasonably practicable, notify theManufacturer/Supplier thereof in writing.

Foreclosure of Contract: Foreclosure of contract in full or in part due to abandonment orReduction in Scope of Work.

1.44 Earnest Money Deposit (EMD)i. The Bidder shall furnish as part of its Bid, a EMD hereinabove by way of a Demand

Draft issued by a nationalised bank or a Scheduled Bank of India in favour of the

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WBHIDCO Ltd., payable at Kolkata and having a validity period of not less than 240days, and may be extended as may be mutually agreed between the Authority/Clientand the Bidder from time to time.

ii. The Authority/Client shall not be liable to pay any interest on the EMD deposit so madeand the same shall be interest free.

iii. Any Bid not accompanied by the EMD shall be summarily rejected by theAuthority/Client as non-responsive and incomplete.

iv. The EMD of unsuccessful Bidders will be returned by the Authority/Client, without anyinterest, as promptly as possible on acceptance of the Bid of the Selected Bidder orwhen the Bidding process is cancelled by the Authority/Client.

v. The Authority/Client shall be entitled to forfeit and appropriate the EMD as Damagesinter alia in any of the events. The Bidder, by submitting its Bid pursuant to thisDOCUMENT, shall be deemed to have acknowledged and confirmed that theAuthority/Client will suffer loss and damage on account of withdrawal of its Bid or forany other default by the Bidder during the period of Bid validity as specified in thisDOCUMENT. No relaxation of any kind on EMD shall be given to any Bidder.

vi. The EMD shall be forfeited as Damages without prejudice to any other right or remedythat may be available to the Authority/Client under the Bidding Documents and/ orunder the Agreement, or otherwise, under the following conditions:

a. If a Bidder submits a non-responsive Bid;

b. If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,undesirable practice or restrictive practice of this Document;

c. If a Bidder withdraws its Bid during the period of Bid validity as specified in thisDocumentand as extended by mutual consent of the respective Bidder(s) and theAuthority/Client;

d. In the case of Selected Bidder, if it fails within the specified time limit

i. to sign and return the duplicate copy of LOI;

ii. to sign the Agreement; or

e. In case the Selected Bidder, having signed the Agreement, commits any breachduring the commissioned period.

vii. The EMD of the selected bidder shall not be refunded but further converted intosecurity deposit. The Balance amount covering 2% of the quoted amount to besubmitted in bank draft at the time of making agreement by the successful tenderer.

1.45 Fraud and Corrupt Practices

The Bidders and their respective officers, employees, agents and advisers shall observe thehighest standard of ethics during the Bidding Process and subsequent to the issue of theLOIand during the subsistence of the Agreement. Notwithstanding anything to the contrarycontained herein, or in the LOIor the Agreement, the Authority/Client may reject a Bid,withdraw the LOI, or terminate the Agreement, as the case may be, without being liable inany manner whatsoever to the Bidder or Manufacturer/Supplier, as the case may be, if it

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determines that the Bidder or Manufacturer/Supplier, as the case may be, has, directly orindirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercivepractice, undesirable practice or restrictive practice in the Bidding Process. In such an event,the Authority/Client shall be entitled to forfeit and appropriate the EMD or PerformanceSecurity, as the case may be, as Damages, without prejudice to any other right or remedythat may be available to the Authority/Client under the Bidding Documents and/ or theAgreement, or otherwise.

Without prejudice to the rights of the Authority/Client hereinabove and the rights andremedies which the Authority/Client may have under the LOIor the Agreement, or otherwiseif a Bidder or Manufacturer/Supplier, as the case may be, is found by the Authority/Client tohave directly or indirectly or through an agent, engaged or indulged in any corrupt practice,fraudulent practice, coercive practice, undesirable practice or restrictive practice during theBidding Process, or after the issue of the LOIor the execution of the Agreement, such Bidderor Manufacturer/Supplier shall not be eligible to participate in any tender or Documentissuedby the Authority/Client during a period of 2 (two) years from the date such Bidder orManufacturer/Supplier, as the case may be, is found by the Authority/Client to have directlyor indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulentpractice, coercive practice, undesirable practice or restrictive practices, as the case may be.

For the purpose, the following terms shall have the meaning hereinafter respectivelyassigned to them:

a. “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly orindirectly, of anything of value to influence the actions of any person connected with theBidding Process (for avoidance of doubt, offering of employment to or employing orengaging in any manner whatsoever, directly or indirectly, any official of theAuthority/Client who is or has been associated in any manner, directly or indirectly, withthe Bidding Process or the LOIor has dealt with matters concerning the Agreement orarising therefrom, before or after the execution thereof, at any time prior to the expiry ofone year from the date such official resigns or retires from or otherwise ceases to be inthe service of the Authority/Client, shall be deemed to constitute influencing the actionsof a person connected with the Bidding Process); or

(ii) save and except as permitted under /r, whether during the Bidding Process or afterthe issue of the LOIor after the execution of the Agreement, as the case may be, anyperson in respect of any matter relating to the Project or the LOIor the Agreement, whoat any time has been or is a legal, financial or technical adviser of the Authority/Client inrelation to any matter concerning the Project;

b. “fraudulent practice” means a misrepresentation or omission of facts orsuppression of facts or disclosure of incomplete facts, in order to influence theBidding Process;

c. “coercive practice” means impairing or harming, or threatening to impair orharm, directly or indirectly, any person or property to influence any person’sparticipation or action in the Bidding Process;

d. “undesirable practice” means (i) establishing contact with any personconnected with or employed or engaged by the Authority/Client with theobjective of canvassing, lobbying or in any manner influencing or attempting toinfluence the Bidding Process; or (ii) having a Conflict of Interest; and

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e. “restrictive practice” means forming a cartel or arriving at any understandingor arrangement among Bidders with the objective of restricting or manipulatinga full and fair competition in the Bidding Process.

f.

1.46 Pre-BID ConferencePre-Bid conferences of the Bidders shall be convened at 16:00 hours at the Conference Hall,HIDCO BHAWAN, New Town, Kolkata, on 30/10/2015 the designated date and place. Amaximum of four representatives of each Bidder shall be allowed to participate on productionof Authority/Client letter from the Bidder.

During the course of Pre-Bid conference(s), the Bidders will be free to seek clarifications andmake suggestions for consideration of the Authority/Client. The Authority/Client shallendeavour to provide clarifications and such further information as it may, in its solediscretion, consider appropriate for facilitating a fair, transparent and competitive BiddingProcess.

In the case where no participating Bidder attends the Pre-Bid Query meeting then thedecision made by the Pre-Bid decision making committee shall be final and full proof and nodeviation from the same shall be allowed.

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2 Technical Specification2.1 Background

Present focus of the Government lies with introduction of fuel efficient vehicles that wouldprovide sustainable mobility to the country populace. Department of Heavy Industries,Government of India has undertaken the task of promoting electric mobility and facilitatesstakeholders/manufacturers/supplier to set up manufacturing/supplying units in the country

2.2 Pilot Project for Electric Vehicle procurementWBHIDCO Ltd. is trying to develop New Town, Kolkata as a futuristic smart city. Ensuringhigh living standard and environment friendly public transport, WBHIDCO Ltd. The Staterecognizes that sustainable and environment friendly urban transport infrastructure is anintegral part towards this commitment. WBHIDCO Ltd. is willing to introduce the latesttechnology in the road transport sector and this flagship initiative will have a long termimpact on the development process. This pilot initiative of introducing Electric Buses in thepublic transport fleet is in accordance with the Government of India approved NationalMission on Electric Mobility (2011) and subsequently National Electric Mobility Mission Plan2020 (2013). It is proposed to introduce 3 Electric Buses, in public fleet throughPilot/Demonstration Projects. Thereby, intends to procure battery operated electric buses inNew Town, Kolkata. These buses will commute through routes in the township connecting itwith the main city of Kolkata.

The West Bengal Housing Infrastructure Development Corporation Ltd. (WBHIDCO Ltd.) iscommitted towards provision of quality urban infrastructure with the objective of ensuringquality of life to its urban residents. The State recognizes that sustainable and environmentfriendly urban transport infrastructure is an integral part towards this commitment. Therefore,development of quality urban infrastructure is important for providing quality of life to itsresidents and visitors.

Sl. No. Description Quantity1 Electric Buses 3

WBHIDCO Ltd. desires optimum utilization of available earmarked fund, and innovativeideas in efficient service, maintenance and payment structure shall be carefully considered.Interested Bidders (Manufacturers/ Suppliers/ Dealers) are requested access the documentand submit the document to same for evaluation.

2.3 Technical Specificationa. Technical Specification of Electric Bus:

S. No. Description Specifications

MVABuses must have authority to ply onIndian Roads under MVA 1988 at thetime of delivery

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S. No. Description Specifications1. Buses All buses must have zeroCO2 emission2. Propulsion system Electrical, Battery Operated

3. Rated performance at GVW in astop/start urban operations

Geared maximum speed without speedlimiter to be 75 kmph (Max speed to be75kmph – 80kmph)

4. Attain bus speed of 0-30 kmph inseconds ≤ 10.5

5. Suspension system - Front Air bellows - 2 numbers6. Suspension system - Rear Air bellows – 2/4 numbers

7. Kneeling applicable in case of airsuspension 60 mm entry/exit side

8. Shock absorbers Hydraulic double acting 2 at front & 2/4 atrear

9. Controls Electronically controlled air suspensionsystem

10. Tyres Steel radial tube-less. Size andperformance as per CMVR

11. Bus Dimension - Overall length (overbody excluding bumper) (in mm) 11500-12000

12.Bus Dimension -Overall width (solebar/floor level- extreme points) (inmm)

2600 (maximum)

13. Bus Dimension - Overall height(unladen - at extreme point) (in mm) 3800 (maximum)

14. Maximum turning circle radius (inmm) Less than 12000 mm

15. Floor height above ground (in mm)-maximum 400

16. Minimum axle clearance (in mm) 190

17. Wheel area clearance (in mm) > 220 for parts fixed to bus body &> 170for the parts moving vertically with axle.

18. Doors-Operating mechanism Electro pneumatically controlled

19. Minimum door aperture (withoutflaps) in mm 800

20. No. of Doors 2 (Entry and Exit Door)1 (Emergency Exit)

21. Minimum clear door width (fullyopened) in m 650 ± 50

22. Minimum door height in mm 190023. Positioning front service gate Ahead of front axle

24. Minimum door aperture (withoutflaps) in mm 1200

25. Minimum clear door width (fullyopened) in mm 1000 ± 50

26. Door height in mm 1900 (minimum)

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S. No. Description Specifications27. Stepped type entry (maximum) 40028. Priority seats (For specially abled) minimum 2 seats

29. Area for seated passengers (sq.mm.) type 1 NDX/SDX: 400*350

30. Number of seats including one forwheel chair Minimum 32,(Leather covered)

31. No. of Standees Minimum 20

32.Gangway width (mm) from gates tolongitudinal space between seats(access to service doors)

Minimum 700 mm excluding armrests(armrests are not required) and includingstanchions- will be measured from seatedge to seat edge. In case of front enginebuses, clear passage available betweenfront seat row and engine should not beless than 400 mm.

33. Gangway width (mm) in longitudinalspace between seats As above

34.

Gangway width (mm) in longitudinalspace between seats (rear of rearedge of the rear door in rear enginebus)

As above

35. Maximum noise levels inside thesaloon 81 dba or less

36. Minimum Run on Single Charge At least 50 km37. Bus Type Air Conditioned to UBS II standards

38. Bus Interiors

Columns (minimum as per regulation)TV (20”/21”) and Public Address as well asradio, FM, Music Player, DVD player, etc.installed in all buses

39. WiFi Must be WiFi enabled40. GPS Inbuilt GPS41. Seat Layout To be approved by WBHIDCO Ltd.

42.

Aircraft like light controlLeather look (Artificial leather): BondedLeather with minimum 50% shreddedleather fibers- Manufacturer’s self-certification needs to attached (add todescription)

43. Bus Floor Anti-skid flooring as per regulation

44. Colour Combination Interior colours and upholstery matchingand to be approved by WBHIDCO Ltd.

45. External display Side and back for route display andadvertisement

46. Electrical system 24 volt DC

A BatteriesLow maintenance type lead acid batteriesfor 24 V system- performance as perBIS:14257-1995 (latest). 2*12V of

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S. No. Description Specificationscommensurate capacity. Maintenance freebatteries preferred.

B Electrical wiring & controls- type As specified separately under ITSspecifications

C Charging Time (Slow Charging) Maximum 6 hours

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Special Terms and Conditions

Procurement of three battery operated Electric busesunder WBHIDCO Ltd., New Town, Kolkata

Draft Document

October16, 2015



Memo.No.

942/WBHIDCO/GM(ELECT)/2015-16_________________________________________

Dated: 16.10.2015

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1 SPECIAL TERMS AND CONDITIONS .......................................................................... 4

1.1 General................................................................................................................... 4

1.2 Definition of Engineer-in-Charge and commencement of work................................ 4

1.3 Terms & Conditions in extended period .................................................................. 4

1.4 Inspection during type Approval .............................................................................. 4

1.5 Delivery................................................................................................................... 4

1.6 Transportation arrangement.................................................................................... 5

1.7 Incidental and other charges................................................................................... 5

1.8 Inspection of Buses at Destination Station .............................................................. 5

1.9 Provisional Receipt Certificate ................................................................................ 6

1.10 Removal and Replacement of Rejected Buses ....................................................... 6

1.11 Final Acceptance Certificate ................................................................................... 6

1.12 Authorized Representative of Manufacturer/supplier............................................... 6

1.13 Power of Attorney ................................................................................................... 7

1.14 Extension of time .................................................................................................... 7

1.15 Use of Government Land........................................................................................ 7

1.16 Work Order Book .................................................................................................... 8

1.17 Supplementary / Additional items of Works............................................................. 8

1.18 Type Approval......................................................................................................... 9

1.19 Amenities for manufacturer/suppliers...................................................................... 9

1.20 Service Engineering and Maintenance.................................................................... 9

1.21 Service Manuals and Spare Parts and Spare part Catalogues.............................. 10

1.22 Operational Training ............................................................................................. 11

1.23 Manufacturer/supplier’s risk for loss or damage .................................................... 11

1.24 Idle labour & additional cost .................................................................................. 12

1.25 Charges and fees payable by manufacturer/supplier ............................................ 12

1.26 Issue of Departmental Tools and equipment ......................................................... 12

1.27 Realization of Departmental claims....................................................................... 12

1.28 Compliance of different Acts ................................................................................. 12

1.29 Safety Measures................................................................................................... 13

1.30 Environmental Conditions ..................................................................................... 13

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1.31 Commencement of work ....................................................................................... 13

1.32 Programme of work............................................................................................... 13

1.33 Progress Reports.................................................................................................. 14

1.34 Timely completion of work..................................................................................... 14

1.35 Procurement of materials ...................................................................................... 14

1.36 Rejection of materials ........................................................................................... 14

1.37 Approval of Design................................................................................................ 14

1.38 Quality Assurance Plan, Inspection and Testing ................................................... 15

1.39 Implied elements of work in items ......................................................................... 16

1.40 Force Closure ....................................................................................................... 16

1.41 Tender Rate.......................................................................................................... 16

1.42 Submission of Drawings........................................................................................ 16

1.43 Delay due to modification of drawing and design .................................................. 16

1.44 Additional Conditions ............................................................................................ 16

1.45 Night Work............................................................................................................ 17

1.46 Delays in Manufacturer/ Supplier's Performance................................................... 17

1.47 Liquidated Damages............................................................................................. 18

1.48 Acceptance of Buses received after the expiry of Delivery Period......................... 18

1.49 Progress Reports.................................................................................................. 19

1.50 Indemnity .............................................................................................................. 19

1.51 Consequence of Rejection .................................................................................... 19

1.52 Corrupt practices .................................................................................................. 20

1.53 Warranty ............................................................................................................... 20

1.54 Manufacturer/ Supplier Events of Default.............................................................. 21

1.55 Authority/ Client Events of Default......................................................................... 22

1.56 Termination of Contract ........................................................................................ 22

1.57 Force Majeure....................................................................................................... 23

1.58 Settlement of Dispute and Arbitration.................................................................... 25

1.59 Arbitration ............................................................................................................. 25

1.60 Secrecy................................................................................................................. 26

1.61 Transparency........................................................................................................ 26

1.62 Confidentiality ....................................................................................................... 26

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1 SPECIAL TERMS AND CONDITIONS1.1 General

Unless otherwise stipulated all the works are to be done as per general conditions andgeneral specifications as mentioned either in—

1.2 Definition of Engineer-in-Charge and commencement of workThe word “Engineer-in-Charge” means the concerned General Manager (Elect). The word“Authority/Client” appearing anywhere in the tender documents means WBHIDCO LTD, whohave jurisdiction, administrative or executive, over part or whole of the works forming thesubject matter of the tender or contract. The word “approved” appearing anywhere in thedocuments means approved by the Engineer-in-Charge. In case, the work is transferred toany other General Manager (Elect) under whom the work will be executed should be treatedas the Engineer-in-Charge. The work shall have to commence on receipt of the work order.Failure to do so will constitute a violation of the contract stipulation as regards ofproportionate progress and timely completion of work and the manufacturer/supplier willthereby make himself liable to pay compensation or other penal action as per stipulation ofthe printed tender form.

1.3 Terms & Conditions in extended periodAs per Clause 5 of HIDCO F. No. 2911 (ii) if an extension of time for completion of the workis granted by the Engineer-in-Charge for cogent reasons for which the manufacturer/supplierhave no control, it will be taken for granted by the working manufacturer/supplier that thevalidity of the contract is extended automatically upto the extended period with all terms andconditions, rates etc. remaining unaltered, i.e., the tender is revalidated upto the extendedperiod.

1.4 Inspection during type ApprovalManufacture/Supplier shall make adequate arrangements for inspection during the typeapproval period. Inspection Officer along with other Officials of Authority/Client shall visit themanufacturing centre for monitoring of the various stages of manufacturing and compliancewith Technical Specification. The cost of travel, lodging, etc. of the Officials ofAuthority/Client shall be borne by Manufacturer/Supplier. Monthly reports to be submitted toAuthority/Client during the type approval

1.5 DeliveryManufacturer/ Supplier shall deliver 3 busesto WBHIDCO Ltd., New Town, Kolkata, no laterthan 8 months from receiving the work order.

Authority/Client shall be entitled to levy damages, general conditions to the Manufacturer/Supplier upon failing to perform.

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Notwithstanding any inspection and approval by the Inspecting Officer, ownership of thebuses shall not pass on to Authority/Client until the buses have been received, inspectedand accepted by the Authority/Client at his end i.e at Kolkata.

Failure to comply with stipulated delivery schedule shall attract pre-defined liquidateddamages, risk purchase & other provisions of the contract.

Manufacturer/ Supplier shall intimate Authority/Client at least 15 days prior to any inspectionat Manufacturer/ Supplier premises failing which Authority/Client shall not be liable for delayin inspection and supplies of buses. Authority/Client shall conduct inspection within 15 daysfrom the day of receipt of request for inspection from Manufacturer/ Supplier.

Delay in delivery of buses on account of late inspection and delay in submission ofinspection report by the Authority /Client for the affected quantity shall be entirely attributableto the Authority/Client.

1.6 Transportation arrangementThe manufacturer/supplier shall arrange for all means of transport required for carriage andsupply of materials after necessary inspection at manufacturer workshop by the authorizedrepresentative of WBHIDCO Ltd the arrangement of such inspection shall have to be madeby the manufacturer/supplier. The manufacturer/supplier must consider this aspect whilequoting rate

1.7 Incidental and other charges

The cost of all materials, hire charges to tools and plants, labour, Corporation / Municipalfees for water supply, royalty for materials (if any), electricity and other charges ofMunicipalities or statutory local bodies, ferry charges, toll charges, loading and unloadingcharges, handling chargers, overhead charges and other charges like Sales Tax (Centraland/or State), Income Tax, Octroi Duty / Terminal Tax, Turnover Tax, VAT, Service Tax etc.will be deemed to have been covered by the rates quoted by the manufacturer/supplier. Allother charges for the execution of the specified work, including supply of materials andrelated carriage, complete or finished in all respect upto the entire satisfaction of theEngineer-in-Charge of the work is included. No extra claim in this regard beyond thespecified rate as per work schedule whatsoever in this respect will be entertained.

1.8 Inspection of Buses at Destination StationOn receipt of Buses at the place of delivery, these shall be jointly inspected by theManufacturer/ Supplier and the Authority/Client for completeness and satisfactory conditionof all equipment/ components. Damages, defects and deficiencies, if any, shall be noted andthe Manufacturer/ Supplier shall initiate immediate action for making good the same underadvice from Authority/Client within mutually agreed time period. Any delay commissioning ofthese buses due to any such reason shall be to Manufacturer/ Supplier’s account and shallbe dealt with by the Authority/Client as per Conditions of the Contract.

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1.9 Provisional Receipt CertificateAuthority/ Client shall issue Provisional Receipt Certificate within five working days of receiptof Bus/es in good conditions and functional as per Manufacturer specifications along withvalid required documents at New Town, Kolkata. The Provisional Receipt Certificate issuedby the Authority/ Client shall not be considered the Acceptance of the Buses received.

1.10 Removal and Replacement of Rejected Buses

On rejection of any of the three buses, subjected to inspection or assessment ofperformance during commissioning at Authority’s premises, shall be removed and replacedby Manufacturer/ Supplier at his own cost subject as hereinafter stipulated, within 15 days ofthe date of intimation of such rejection. If the concerned communication is addressed andposted to Manufacturer/ Supplier at the address mentioned in contract, it shall be deemed tohave been served to the Manufacturer/ Supplier, provided that where price or part thereofhas been paid, the Authority is entitled without prejudice to his other rights to retain rejectedbuses till either price paid for the rejected buses is refunded by the Manufacturer/ Supplier orthe same quantity of buses are replaced by the Manufacturer/ Supplier, save that suchretention shall not in any circumstances be deemed to be acceptance of buses or waiver ofrejection thereof.

All rejected buses shall in any event and circumstances remain and always be at risk of theManufacturer/ Supplier immediately on such rejection. If such buses are not removed byManufacturer/ Supplier within the period aforementioned, Inspecting Officer/ Authority/Clientmay remove the rejected buses and either return same to the Manufacturer/ Supplier at therisk and cost of the Manufacturer/ Supplier by such mode of transport as Authority/Client orInspecting Officer may decide, or dispose of such buses at Manufacturer/ Supplier's risk andon his account and retain such portion of proceeds, if any, from such disposal as may benecessary to recover any expense incurred in connection with such disposals and any pricerefundable by Manufacturer/ Supplier as a consequence of such rejection. Authority/Clientshall, in addition, be entitled to recover from the Manufacturer/ Supplier handling and storagecharges @ 0.5% of the price of buses per week or part thereof on the rejected buses afterexpiry of the time-limit mentioned above.

1.11 Final Acceptance CertificateManufacturer/ Supplier shall inform about rectification/ removal of defects/ deficienciesobserved during Joint Final Inspection within 15 days from the date of supply of buses.Thereafter, upon Authority/Client’s satisfaction with the remedial actions, Authority may issueFinal Acceptance Certificate within 15 days after final inspection and satisfactorycommissioning of buses including charging stations at New Town, Kolkata.

1.12 Authorized Representative of Manufacturer/supplier

The manufacturer/supplier shall not assign the agreement or sublet any portion of the work.The manufacturer/supplier may however, appoint an authorized representative in respect ofone or more of the following purpose only.

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1) General day to day management of work.

2) To attend measurements when taken by the Departmental Officers and sign therecords of such measurements which will be taken of acceptance by themanufacturer/supplier.

The selection of the authorized representative shall be subject to the prior approval of theEngineer-in-Charge concerned and the manufacturer/supplier shall in writing seek suchapproval of the Engineer-in-Charge giving therein the name of work, Tender No., the Name,Address and the specimen signature of the representative whom he wants to appoint andthe specific purposes as specified here-in-above, for which the representative will beauthorized. Even after first approval, the Engineer-in-Charge may issue at any subsequentdate, revised directions about such authorized representative and the manufacturer/suppliershall be bound to abide by such directions. The Engineer-in-Charge shall not be bound toassign any reason for his revised directions. Any notice, correspondences, etc. issued to theauthorized representative or left at his address, will be deemed to have been issued to themanufacturer/supplier.

1.13 Power of AttorneyThe Provision of the power of attorney, if any, must be subject to the approval of theDepartment. Otherwise the Department shall not be bound to take cognizance of such powerof attorney. A format has been enclosed in Appendix.

1.14 Extension of timeFor cogent reasons over which the manufacturer/supplier will have no control and which willretard the progress, extension of time for the period lost will be granted on receipt ofapplication from the manufacturer/supplier before the expiry date of contract. No claimwhatsoever for idle labour, additional establishment, enhanced cost of materials and labourand hire charges of tools & plants, etc. would be entertained under any circumstances. Themanufacturer/supplier should consider the above factor while quoting his rate. Applicationsfor such extension of time should be submitted by the manufacturer/supplier in the mannerindicated in Clause-5 of the printed form of HIDCO.2911.

1.15 Use of Government LandBefore using any space in Government land for any purpose whatsoever, approval of theEngineer-in-Charge will be required. Departmental land, if available and if applied for, maybe spared for the purpose on usual charges as fixed by the Competent Authority. Themanufacturer/supplier shall make his own arrangements for storage of tools, plant,equipment, materials, etc. of adequate capacity and shall clear and remove on completion ofwork, the shed, huts, etc. which he might have erected in Government land. If after suchuse, the manufacturer/supplier failed to clear the land, Department will arrange to removethose installation and adequate recovery will be made from the dues of themanufacturer/supplier.

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1.16 Work Order BookThe manufacturer/supplier shall commence project on receiving the work order and supply athis own cost one Work Order Book to Sub-Divisional Officer / Assistant EngineerConcerned, who is authorized to receive and keep in custody the Work Order Book onbehalf of the Engineer-in-Charge. The Work Order Book shall be kept at the site of workunder the custody of Sub-Divisional Officer / Assistant Engineer or his authorizedrepresentative. The Work Order Book shall have machine numbered pages in triplicates.Directions or instruction from Departmental officers to be issued to the Manufacturer/supplierwill be entered (in triplicate) in the Work Order Book (except when such directions orinstructions are given by separate letters). The manufacturer/supplier or his authorizedrepresentative shall regularly note the entries made in the Work Order Book and also recordthereon the action taken or being taken by him complying with the said directions orinstruction on any relevant point relating to the work. The manufacturer/supplier or hisauthorized representative may take away the triplicate page of the Work Order Book for hisown record and guidance.

Cases of supplementary items or any claims may not be entertained unless supported byentries in the Work Order Book or any written order from the Tender Accepting Authority.

The first page of the Work Order Book shall contain the following particulars:

1) Name of the Work.

2) Reference to contract number.

3) Contractual rate in percentage.

4) Date of opening of the Work Order Book.

5) Name and address of the Manufacturer/supplier.

6) Signature of the Manufacturer/supplier.

7) Name & address of the Authorized representative (if any).

8) Specific purpose(s) for which the manufacturer/supplier’s representative is authorizedto act on behalf of the Manufacturer/supplier.

9) Signature of the authorized representative duly attested by theManufacturer/supplier.

10) Signature of the Sub-Divisional Officer / Assistant Engineer concerned.

11) Date of actual completion of work.

12) Date of recording final measurement.

Entries in (xi) & (xii) above shall be filled in on completion of the work and before the WorkOrder Book is recorded in the Office of The Sub-Divisional Officer / Assistant Engineer.

1.17 Supplementary / Additional items of WorksNotwithstanding the provisions made in the related printed tender form, any item of workwhich can legitimately be considered as not stipulated in the specific price schedule ofprobable items of work but has become necessary as a reasonable contingent item during

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actual execution of work will have to be done by the Manufacturer/supplier, if so directed bythe Engineer-in-Charge and the rates will be fixed in the manner as stated below:-

1) Rate of Supplementary items shall be analyzed in the 1st instant extended possiblefrom the rates of the allied items of work appearing in the tender schedule.

2) Rate of supplementary items shall be analyzed to the maximum extent possible fromrates of the allied items of work appearing in the P.W.D. and P.W. D (Electricals)Department schedule of rates of probable items of work as will be in force at the timeof N.I.T.

3) If the rates of the supplementary items cannot be computed even after application ofclauses stated above, the same shall be determined by analysis from market rates ofmaterial, labour and carriage cost prevailing at the time of execution of such items ofwork. Profit and overhead charges (both together) @ 10% (ten percent) will beallowed only.

4) It may be noted that the cases of supplementary items of claim shall not beentertained unless supported by entries in the Work Order Book or any written orderfrom the tender accepting authority.

1.18 Type ApprovalThe Manufacturer/ Supplier will submit the type approval as per AIS 131 within SIXMONTHS of signing of LOI

Since introduction of the electric buses in the public fleet on pilot basis, successive renewalsof the type approval as per AIS 131 is absolutely necessary by the MANUFACTURER/SUPPLIER at their own initiative and costs. And successive renewal certificates will befurnished by the manufacturer/ supplier before expiry of the earlier.

Manufacturer/Supplier shall supply all sanctions and approval certificates to theAuthority/Client on the day of delivery of buses.

1.19 Amenities for manufacturer/suppliersAll materials, tools and plants and all labour (skilled and unskilled) including their housing,water supply, sanitation, procurement of food for staff & crews, medical aids, etc. are to bearranged by the manufacturer/supplier at his own cost. The cost of transport of labour,materials and all other incidental items as required for work shall also have to be borne bythe Manufacturer/supplier without any extra claim from department.

1.20 Service Engineering and MaintenanceManufacturer/ Supplier shall furnish information on maintenance practices to be followed forthese Buses manufactured to confirm to Technical Specification or similar to those offeredagainst the tender, clearly spelling out the following within one month from the issuance ofthe purchase order:

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a Maintenance standards including clearances and tolerances at various locations andpermissible limits of wear for good riding comfort, performance and operation.

b Inspection procedure & periodicity of various preventive schedules in detail includinggauging practices.

c Maintenance procedures in detail including preventive maintenance schedules

d Facilities required for maintenance, giving detailed information on the following:

i. Equipment & Machinery required for maintenance.

ii. Gauges, Jigs and Fixtures and Tools required during maintenance

iii. Space requirements for maintenance and charging facilities.

iv. Training schedule and module with specification of number of people to betrained with and desired qualification and experience.

v. Any other details necessary for development of said facilities which wouldeventually become self-sustainable.

The Authority/Client will provide necessary space/land well in advance to the Manufacturer/Supplier to set up the maintenance depot and charging stations

• The manufacturer/supplier shall supply all the equipment that is necessary to run themaintenance depot and charging stations. After completion or termination of thecontract, all equipment will be deemed to be assets of authority/client.

• The Manufacturer/ Supplier will deploy at-least one site mechanic number ofmaintenance staffs as may be required for the regular and periodic maintenanceduring the Commission Period.

• The manufacturer/ supplier will conduct training programme periodically and on thejob to the staffs/ individuals as nominated by the authority in such way that aftercompletion of the maintenance of period of seven years they should be capable ofmaintain the buses independently

• During the maintenance period the Manufacturer/ Supplier will supply required allspare and parts without any extra cost

• A maintenance certification parameters will be developed jointly between theAuthority/Client and the Manufacturer/ Supplier and penalty provisions will beattached as mutually agreed. Any penalty arising out of the maintenance obligationswill be deduced from the proceeding quarterly EMAC payment

• The Manufacturer/ Supplier will provide all necessary support through providingdocuments and assistance to get the buses insured.

• Manufacturer/Supplier is to provide vehicle insurance including accidental benefitcoverage

1.21 Service Manuals and Spare Parts and Spare part Catalogues

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• Spare parts are to be made available by the Manufacturer/ Supplier to theAuthority/Client so that post completion of contract term, the Authority/Client is ableto supply spares as per requirement of the vehicles.

• The Manufacturer/ Supplier should provide additional parts as and when required atrelevant cost to the Authorities as and when required. The cost shall be borne by theAuthority/Client, post completion of the contract term by the Manufacturer/ Supplier

• Detailed Maintenance & Service Manuals, Spare Parts Catalogues, Price List etc.shall be specially prepared for Buses and few (atleast 3) sets of each shall besupplied without any extra charge, along with the first supply. All manuals shall besent to Authority in advance of dispatch of buses from Manufacturer/ Supplier’sworks.

• Manufacturer/ Supplier shall also furnish printed price list (valid for the Maintenanceperiod) giving cost of all components/ assemblies of the Bus for applicable sparesparts/ aggregates/ consumables etc. along with maximum discount allowed toAuthority/Client on purchase of such items as per prices in the price list during life ofthe Bus. The Manufacturer/ Supplier shall give an undertaking along with the Bid thatthe rates of parts/ discounts etc. quoted by them in the price lists are reasonable anddo not exceed rates at which these parts are made available on Directorate Generalof Supplies and Disposals (DGS&D)/ Association of State Road TransportUndertakings (ASRTU) Rate Contracts (RCs) / to any other Government Department/ Public Sector Undertaking/ Authorized Dealers, etc if available. The rates of spareparts shall be valid for the Maintenance period from date of submission of printedprice list and the price variation will be limited to relevant price index of theGovernment of India if applicable.

• On completion of the maintenance period also, the Manufacturer/Supplier keep onupdating the price list of spare and parts on a regular basis.

1.22 Operational Training

The Manufacturer/ Supplier shall provide training to minimum 3 drivers and 1 maintenancestaff per Bus to operate the buses as well as for Intelligent Transport System fitments whichare part of the Bus as per the Specifications

The Manufacturer/ Supplier shall have to certify the trainees for the said training programsand a satisfactory note to be issued by trainees at the end of training program

Training location shall be identified in due course of time and Authority/Clientshall provide allrelevant approvals for the same.

1.23 Manufacturer/supplier’s risk for loss or damage

All risk on account of road carriage including loss or damage of vehicles, materials or labour,if any, will have to be borne by the manufacturer/supplier without any extra claim towardsdepartment.

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1.24 Idle labour & additional costWhatever may be the reason for claim on idle labour, enhancement of labour rate, additionalestablishment cost, cost of Toll and hire and labour charges of tools and plants, etc. wouldnot be entertained under any circumstances.

1.25 Charges and fees payable by manufacturer/supplierThe manufacturer/supplier shall receive all notices and pay all fees required to be given orpayable to by any statute or any regulation or by-law of any local or other statutoryAuthority/Clientwhich may be applicable to the works and shall keep the Department freeagainst all penalties and liabilities of every kind for breach of such statute regulation or law.

The Manufacturer/supplier shall indemnify the department from and against all claims,demands, suit and proceedings for or on account of infringement of any patent rights,design, trade mark of name or other protected right in respect of any constructional plant,machine, work, materials, thing or process used for or in connection with works or temporaryworks or any of them.

1.26 Issue of Departmental Tools and equipmentAll tools and equipment required for the work will have to be supplied by theManufacturer/supplier at his own cost; and proper running of the Tools and equipmentmustbe borne by the Manufacturer/supplier.

1.27 Realization of Departmental claimsAny sum of money due and payable to the manufacturer/supplier (including performanceguarantee returnable to him) under this contract may be appropriated by the Governmentand set off against any claim of Government for the payment of sum of money arising out ofthis contract or under any other contract made by the manufacturer/supplier with theGovernment.

1.28 Compliance of different ActsThe manufacturer/supplier shall comply with the provisions of the Apprentices Act, 1961,Minimum Wages Act, 1848. Contract Labour (Regulation and Abolition) Act 1970 and therules and orders issued hereunder from time to time. If he fails to do so, Engineer-in-Chargeof the work may at his discretion, take necessary measure over the contract.

The Manufacturer/supplier shall also make himself liable for any pecuniary liabilities arisingout on account of any violation of the provision of the said Act(s). The Manufacturer/suppliermust obtain necessary certificate and license from the concerned Registering Office underthe Contract Labour (Regulation & Abolition) Act, 1970.

The manufacturer/supplier shall be bound to furnish the Engineer-in-Charge all the returns,particulars or date as are called for from time to time in connection with implementation ofthe provisions of the above Acts and Rules and timely submission of the same, failing which

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the manufacturer/supplier will be liable for breach of contract and the Engineer-in-Chargemay at his discretion take necessary measures over the contract.

1.29 Safety MeasuresManufacturer/ Supplier should adhere to the various safety measures as appropriate whileconstructing the electric buses for the Authority/Clientand provide certificates anddeclarations as per AIS 131/MVA 1988/CMVR 1989 .

Manufacturer/ Supplier should take all precautionary measures in order to ensure protectionof his own personnel moving about or working on the premises of Authority/ Client .

Manufacturer/ Supplier should abide by and conform to all rules and regulations of Authority/Client in force from time to time and ensure that the same are followed by hisrepresentatives, agents, sub-Manufacturer/ Supplier or workmen working in the premises ofAuthority/ Client .

Manufacturer/ Supplier should ensure that while working in the premises of Authority/ Client,unauthorized, careless or inadvertent operation of installed equipment which may result inaccident to staff and/ or damage to equipment, does not occur.

Manufacturer/ Supplier should indemnify and keep the Authority/ Client indemnified andharmless against all actions, suits, claims, demands, costs, charges or expenses arising inconnection with any accident, death or injury, sustained by any person or persons within thepremises of Authority/ Client and any loss or damage to property of Authority/ Clientsustained due to the acts or omissions of Manufacturer/ Supplier irrespective of whethersuch liability arises under Workman's Compensation Act or the Fatal Accidents Act or anyother statute in force from time to time.

1.30 Environmental Conditions

These electric buses shall comply to the notion of Zero Emission and relevant testsclearances should be received by the Manufacturer/ Supplier from relevant authorities asmentioned in the MVA/CMVR/ AIS 131

Relevant environmental clearance Certificates should be submitted by the Manufacturer/Supplier to the Authority/Client

1.31 Commencement of workThe work must be taken up within the date as stipulated in the work order and completed inall respects within the period specified in Notice Inviting Tender.

1.32 Programme of workBefore actual commencement of work the contractor shall submit a programme of work withmethodology clearly showing the required materials, men and equipment. The contractor willsubmit a programme of construction in the pattern of Bar Chart or Critical Path Method and atime table divided into four equal periods of progress of work to complete the work within the

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specific period for approval of the Engineer-in-Charge who reserves the right to makeaddition, alterations and substitutions to such programme in consultation with the contractorand such approved programme shall be adhered to by the contractor unless the same issubsequently found impracticable in part or full in the opinion of the Engineer-in-Charge andis modified by him. The contractor must pray in writing, showing sufficient reasons therein formodification of programme. The conditions laid down in clause 2 of the printed tender formregarding the division of total period and progress to work and the time table there for asprovided in the said clause shall be deemed to have been sufficiently complied with theactual progress of work and does not fall short of the progress laid down in the approvedtime table for one fourth, half and three fourth of time allowed for the work

1.33 Progress Reports

The Manufacturer/ Supplier shall render quarterly reports concerning progress of thecontract and/ or supply of the buses.

The submission, receipt and acceptance of such reports shall not prejudice the rights ofAuthority/Clientunder the contract, nor shall operate as estoppels againstAuthority/Clientmerely by reason of the fact that it has not taken notice of/ or subjected totest any information contained in such report.

1.34 Timely completion of workAll the supply and the work must have to be completed in all respects within the timespecified in Notice Inviting Tender from the date of commencement as mentioned in workorder. Time for completion as specified in the tender shall be deemed to be the essence ofthe contract.

1.35 Procurement of materialsAll materials required to complete the execution of the work shall be supplied by themanufacturer/supplier after procurement from authorized and approved source.

1.36 Rejection of materials

All materials brought to the site must be approved by the Engineer-in-Charge. Rejectedmaterials must be removed by the Manufacturer/supplier from the site within 24 hours of theissue of order to that effect. In case of non-compliance of such order, the Engineer-in-Charge shall have the authority to cause such removal at the cost and expense of themanufacturer/supplier and the manufacturer/supplier shall not be entitled to any claim forany loss or damage on that account.

1.37 Approval of Designa. Bus Design shall be developed based on requirements given in the Technical

Specifications, Sound Engineering Safety practices. However, Manufacturer/

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Supplier shall be required to obtain Type Approval for buses and Conformity ofProduction (COP) as per prevalent in Motor Vehicle Act (MVA), 1988/CentralMotor Vehicle Rule (CMVR), 1989 from the authorized agencies as perMVA/CMVR. In addition, Finite Element Analysis (FEA) using Computer AidedEngineering (CAE) Techniques for required loads/ performance requirementsapproval shall be obtained from the authorized test agencies as per CMVR. TheManufacturer/Supplier remains liable for ensuring adequacy and safety of thedesign of the Buses.

Or the MANUFACTURER/ SUPPLIER should comply to the entire requirement as the AIS131 within 6 months from the work order

b. Notwithstanding the approval, Manufacturer/ Supplier shall be wholly andcompletely responsible for satisfactory design, manufacture, supply &performance of these Buses offered during the contract

1.38 Quality Assurance Plan, Inspection and TestingAuthority/Clientor representative authorized by the Authority/Clientmay carry out inspectionand testing as a part of quality assurance plan at any of the following stages before pre-dispatch stage at Manufacturer’s manufacturing premises.

• Structural assembly stage before panelling in all buses

• Final completion after panelling, and equipping of buses (Fully built buses)

For any Deficiency noted by the Authority/Clientduring any stage of the inspection, theManufacturer shall initiate immediate remedial actions for the same as advised by theAuthority/Client. The Authority/Clientor Representative of the Authority/Clientshall not beentitled to suggest changes or modifications which are not part of the mutually agreed Busspecifications.

The Authority/Clientshall not conduct any laboratory test if the material procurementcertificates are submitted by the Manufacturer/ Supplier at the time of inspection of buses.Notwithstanding with above, if found necessary, the Authority/Clientmay conduct materialtest at any stage at its own cost. If the material fails the test, entire cost of testing shall haveto be borne by the Manufacturer/ Supplier. The Authority/Clientmight conduct lab testingmostly for following material.

Sl. No. Items to be tested Specifications1 CR Tubular2 Phosphating/ Galvanizing3 EPDM Rubber4 Glasses Laminated5 Aluminum Parts6 Paint7 LT Wire8 Aluminum Sheets9 CR Sheets

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Sl. No. Items to be tested Specifications10 GI Sheets11 Passenger Seat Assembly12 Marine Board

The Authority shall issue Pre Despatch Inspection Certificate within seven days ofsatisfactory inspection of Fully Built buses. Manufacturer/ Supplier shall despatch buses onlyafter attending defects/ deficiencies observed during Pre- Dispatch Inspection.

1.39 Implied elements of work in itemsExcept such items as are included in the Specific Priced Schedule of probable items andapproximate quantities, no separate charges shall be paid for shuttering, curing etc. and therates of respective items of works are to be deemed as inclusive of the same.

1.40 Force ClosureIn case of force closure or abandonment of the works by the Department themanufacturer/supplier will be eligible to be paid for the finished work and reimbursement ofexpenses actually incurred thereof by him but not for any losses.

1.41 Tender RateThe manufacturer/supplier should note that the tender is strictly based on the rates quotedby the Manufacturer/supplier on the priced schedule of probable item of work. Noconditional rate will be allowed in any case.

1.42 Submission of DrawingsManufacturer/ Supplier shall provide few general drawings comprising of elevations – sides,front & rear ends along with main dimensions, isometric views, exterior & interior details,seating layouts, specified colour scheme, bill of materials and their sizes and specifications,etc. Three complete sets of Compact Disc (CD) along with two sets of hard copies and otherdocuments as specified in Technical Specifications shall be supplied by Manufacturer/Supplier to Authority/Clientin advance of dispatch of Bus from Manufacturer/ Supplier 'sworks.

1.43 Delay due to modification of drawing and designThe manufacturer/supplier shall not be entitled for any compensation to any loss due todelays arising out of modification of the drawing, addition & alterations of specifications.

1.44 Additional ConditionsA few additional conditions under special terms and conditions:

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1) Rate quoted shall be inclusive of clearing site as per direction of the Engineer-in-Charge.

2) Rate quoted shall be inclusive of all applicable Taxes like West Bengal Sales Tax,Service Tax, and CESS as applicable Octroi if any toll ferry charges, Local charges,Royalties turnover taxes, custom duties and all other duties, as applicable. All othercharges like insurance charges, freight etc. as would be required for completion ofthe work shall also be considered in rates quoted. No claim whatsoever in thisaccount will be entertained.

3) The Manufacturer/supplier is to display caution board at his own cost as per directionof Engineer-in-Charge.

4) Labour welfare CESS will be deducted @ 1% (one percent) of gross bill value as perrule.

5) Income Tax will be deducted from each bill of the manufacturer/supplier as perapplicable rate and rules in force.

6) In accordance with the West Bengal Taxation Laws (amendment) Ordinance, 1993amending the West Bengal Finance (Sales Tax) Act, 1994 necessary S.T / VAT willbe deducted as per rate in force from the bill in addition to other deduction as perextent rules.

1.45 Night WorkThe manufacturer/supplier shall not ordinarily be allowed to execute the work at night. Themanufacturer/supplier may however, have to execute the work at night, if instructed by theEngineer-in-Charge. For true technical or emergent reasons, the work may require to beexecuted during the night also according to the instruction of the Engineer-in-Charge. In thatcase the manufacturer/supplier shall have to arrange for separate set of labour with sufficientand satisfactory lighting arrangement for the night work. No extra payment whatsoever inthis respect will be made to the manufacturer/supplier.

1.46 Delays in Manufacturer/ Supplier's PerformanceDelivery to be effected without time over-run: The time allowed for and the date specified inthe contract or as extended or modified, for delivery & commissioning of buses shall be theessence of the contract and delivery must be completed not later than the date(s) sospecified or extended.

Progress of deliveries: Manufacturer/ Supplier shall allow reasonable facilities and freeaccess to his works and records to Inspecting Officer or such other Officer as may benominated by Authority/Client for the purpose of ascertaining the progress of deliveries, etc.under the contract.

A failure or delay by Manufacturer/ Supplier in performance of his obligations for delivery andcommissioning of buses, Authority/Clientat his discretion may take following actions:

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a. Extend delivery period for unsupplied/ non-commissioned quantity of buseswith imposition of pre-estimated liquidated damages and duties and taxes ofgeneral conditions and/or

b. Terminate the contract for unsupplied quantity of buses as per the provisionof general conditions ; and

c. Effect purchases at the Manufacturer/ Supplier’s risk and cost for unsuppliedquantity;

If at any time during performance of Contract, Manufacturer/ Supplier encounters conditionsbeyond its control impeding timely delivery of buses, Manufacturer/ Supplier shall promptlynotify the Authority/Clientin writing of the fact of delay, its likely duration and its cause(s). Assoon as practicable after receipt of the Manufacturer/ Supplier's notice, Authority/Clientmayevaluate the situation and may, at his discretion, extend Manufacturer/ Supplier's time forperformance, in which case, the extension shall be ratified by the parties by amendment ofthe Contract. The extension, if any, shall not affect condition of time being of the essence ofthe Contract.

1.47 Liquidated DamagesSubject to above, if the Manufacturer/ Supplier fails to complete the commissioning of samewithin the delivery period (s) specified in the contract, the Authority/Clientshall, withoutprejudice to other remedies under the contract, levy/deduct pre-estimated liquidateddamages, @ 0.25% per week or part thereof of the total value of the buses inclusive of taxesand duties whose supply has been delayed of the total value of the unsupplied busesinclusive of duties & taxes which the Manufacturer/ Supplier has failed to deliver/commissionwithin the period fixed for delivery/commission for delay of each week or part thereof.

The amount of pre estimated liquidated damages to be charged under the contract, shall notexceed 5% of the total value of the undelivered quantity. Manufacturer/ Supplier agrees thatpre-estimated damages are fair and genuine pre-estimate and not by way of penalty.Manufacturer/ Supplier also agree that he shall not dispute the same in any manner.

1.48 Acceptance of Buses received after the expiry of Delivery Period

Manufacturer/ Supplier is required to complete supplies within stipulated delivery period. Incase Manufacturer/ Supplier fails to complete the entire/ part quantity of supplies withinstipulated delivery period, Authority/Client, at its discretion, may grant extension in deliveryperiod for unsupplied quantity. Such extension in delivery if granted shall be subject tofollowing conditions:

a. Manufacturer/ Supplier shall pay and Authority/Clientshall recover pre-estimatedliquidated damages from Manufacturer/ Supplier on buses which the Manufacturer/Supplier has failed to deliver within the period fixed for delivery.

b. All Government Taxes/ Levies ,as applicable, on the date of invoicing of the busesshall be payable to the Manufacturer/ Supplier

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c. Notwithstanding any stipulation in contract for increase in price on any other ground,no such increase in Government taxes / levies etc. which takes place after deliverydate stipulated in the contract shall be admissible on such of the said buses as aredelivered after the said date.

d. Authority/Clientshall be entitled to benefit of any decrease in price on account ofreduction in statutory levies, Custom Duty, Excise Duty, Sales/ Trade Tax/ VAT,Service Tax and duties or on account of any other ground which takes place duringthe currency of the contract and/ or after expiry of the delivery date stipulated incontract.

Manufacturer/ Supplier shall allow said benefit in his bills and in absence thereof shall certifythat no decrease in price on account of any of these factors has taken place.

1.49 Progress ReportsThe Manufacturer/ Supplier shall render quarterly reports concerning progress of thecontract and/ or supply of the buses.

The submission, receipt and acceptance of such reports shall not prejudice the rights ofAuthority/Clientunder the contract, nor shall operate as estoppels againstAuthority/Clientmerely by reason of the fact that it has not taken notice of/ or subjected totest any information contained in such report.

1.50 Indemnity

The prices stated are to include all rights (if any) of patent, registered design or trade markand the Manufacturer/ Supplier shall at all times indemnify Authority/Clientagainst all claimswhich may be made in respect of buses for infringement of any right protected by patent,registration of designs or trade mark; provided always that in the event of any claim inrespect of alleged breach of a patent, registered design or trade mark being made againstthe Authority/Client, he shall notify the Manufacturer/ Supplier of the same andManufacturer/ Supplier shall at his own expense and responsibility, either settle any suchdispute or conduct any litigation that may arise there from.

1.51 Consequence of RejectionIf any consignment of buses is rejected by Inspecting Officer or by Authority/ Client duringtesting, trials and commissioning and Manufacturer/ Supplier fails to rectify rejected Bus(es)within 15 days of rejection, Authority/ Client shall be at liberty to:-

a require the Manufacturer/ Supplier to replace rejected buses forthwith but in anyevent not later than a period of 30 days from the date of expiry of the rectificationperiod and Manufacturer/ Supplier shall bear all costs of such replacement includingfreight and insurance etc., if any, on such replacement and shall not be entitled toany extra payment on that or any other account; or

b purchase or authorize purchase of quantity of buses rejected of same or similardescription (when buses exactly complying with "particulars" are not in opinion of

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Authority/ Client , which shall be final, readily available) without notice toManufacturer/ Supplier at his risk and cost and without affecting Manufacturer/Supplier's liability as regards supply of any further instalments due under thecontract; or

c Cancel contract and purchase or authorise purchase of buses of same or similardescription (when buses exactly complying with particulars are not in the opinion ofAuthority/ Client , which shall be final, readily available) at the risk and cost ofManufacturer/ Supplier. In the event of action being taken under (b) above or underthis sub-clause, the provisions shall apply as far as applicable.

1.52 Corrupt practicesManufacturer/ Supplier shall not offer or give or agree to give to any person in employmentof Authority/ Client or working under the orders of the Authority/ Client any gift orconsideration of any kind as an inducement or reward for doing or forbearing to do or havingdone or forborne to do any act in relation to obtaining or execution of contract or any othercontract with Authority/ Client or for showing any favor or forbearing to show disfavor to anyperson in relation to the contract or any other contract with the Authority/ Client . Any breachof the aforesaid condition by Bidder/ Manufacturer/ Supplier, or any one employed by him oracting on his behalf, under chapter IX of the Indian Penal Code,1860 or Prevention ofCorruption Act,1947 or any other act enacted for the prevention of corruption by publicservants, shall entitle the Authority/ Client to cancel the contract and all or any othercontracts with the Manufacturer/ Supplier and to recover from the Manufacturer/ Supplier theamount of any loss arising from such cancellation.

Any dispute or difference in respect of interpretation, effect or application of above sub-clause or of amount recoverable there under by Authority/ Client from the Manufacturer/Supplier, shall be decided by Authority/ Client , whose decision thereon shall be final andbinding on Manufacturer/ Supplier.

1.53 Warrantya. Warranty period for the buses will be seven years and accordingly

manufacturer/supplier will take up all relevant tasks.

b. Manufacturer/ Supplier shall be responsible for any defect or failure of Busesor equipment provided in these buses due to defective design, material orworkmanship, for a period specified in the seven years individually for eachBus from the date of date of issuance of Final Acceptance Certificate“WBHIDCO Ltd.”.

c. Manufacturer/ Supplier shall be required to station number of competentengineers/ supervisors along with necessary spare parts duringcommissioning of Buses at his cost. However, at least one competentengineer shall necessarily be stationed during the entire warranty period forevaluation of performance of Buses & keeping liaison with the Authority/Client. Necessary technical personnel shall also be deputed by the

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Manufacturer/ Supplier at his cost for investigating defects and failures andcarrying out modifications as and when required during the warranty period.

d. Manufacturer/ Supplier shall assure the repair of Bus with the timelines as perthe Table below.

Sl. No Nature of Repair Repair or Replacementtime in number of days.

1 All minor repair & replacement of aggregates 2

2 All major repair & replacement of aggregates 5

3 Minor repair or replacement of parts 2

4 Major repair or replacement of parts. 5

The above days are excluding the days taken by the Authority/ Client in sanctioning therepair / replacement days, if any (as some repair / replacement may be carried out at cost forwhich approval / sanction of the Authority/ Client would be necessary).

Failing to comply with the time schedule the manufacturer/supplier shall have to provide inwriting the issue of non-compliance and accordingly the Client/Authority shall provideapproval.

While either of the buses stand idle for beyond the scheduled dates as mentioned abovethen deduction will be made on pro rata per day basis rate in addition another 50% of the prorata per day rate will be levied as penalty on the Manufacturer/Supplier

“Intellectual Property Rights:- In the event any claim is made against the AUTHORITY/CLIENT for infringement of Intellectual Property Rights arising directly from the use orpurchase by AUTHORITY/ CLIENT (or other users) of the Buses; the Manufacturer shall atits own expense conduct defence of all such ensuing claims, litigations, proceedings, actionsand undertake all negotiations for settlement of the same at its own cost and expense.Further, the Manufacturer will bear the costs of payment (either by way of lump sum or acontinuing royalty payment) made in any settlement or as a result of an award in a judgmentagainst the AUTHORITY/ CLIENT in any such aforesaid event of litigation, action, claim,proceeding etc.

Liability : Notwithstanding anything to the contrary, the Manufacturer shall be liable to theAUTHORITY/ CLIENT in respect of any negligence or breach of statutory duty or violation ofapplicable laws, or otherwise howsoever and whatever the cause in connection with orarising out of the non-performance, non-observance of its obligations, covenants as set outunder this contract.

1.54 Manufacturer/ Supplier Events of Default

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Following events shall constitute an Event of Default by Manufacturer/ Supplier(Manufacturer/ Supplier’s Event of Default) unless such event has occurred as a result ofa Force Majeure Event:

a if Manufacturer/ Supplier fails to deliver any or all of the buses or fails to commissionthe same within the delivery schedule(s) specified in contract or any extensionthereof granted by Authority/ Client

b If Manufacturer/ Supplier fails to perform any other obligation(s) under the contract.

1.55 Authority/ Client Events of DefaultFollowing events shall constitute an Event of Default by Authority/ Client (Authority/ Client’s Event of Default) unless such event has occurred as a result of a Force Majeure Event:

a The Authority/ Client is in Material breach of any of its obligations under this Contractand has failed to cure such breach within sixty (60) days of occurrence thereof

b The Authority/ Client has unlawfully repudiated this Contract or otherwise expressedits intention not to be bound by this Contract.

c Performa any other obligations under the Contract

1.56 Termination of Contracta. Without prejudice to any other right or remedies which the Authority/ Client

may have under this Contract, upon occurrence of an Manufacturer/ Supplierevent of default, the Authority/ Client shall be entitled to terminate thisContract by issuing a Termination Notice to the Manufacturer/ Supplier;provided that before issuing the Termination Notice, the Authority/ Clientshall by a notice inform the Manufacturer/ Supplier of its intention to issuesuch Termination Notice and grant 15 (fifteen) days or reasonable period atsole discretion of Authority/ Client to the Manufacturer/ Supplier to remedythe default (“Remedial Period”) and/or make representations, and may afterthe expiry of such Remedial Period on non-remedy of breach/default at thesatisfaction of the Authority/ Client , whether or not it is in receipt of suchrepresentation, issue Termination Notice and then terminate the Contract.

b. Termination Notice period of 15 days shall be granted to the Manufacturer/Supplier in order for them to wrap up all their available services andequipment

c. In the event of termination due to Manufacturer/ Supplier Event of Default,Authority/ Client shall have the right to;

• invoke and retain the Performance Guarantee amount in full

• Authority/ Client shall not be liable to pay any termination payment tothe Manufacturer/ Supplier in respect of such termination

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• Manufacturer/ Supplier shall be granted pay of the tasks alreadyfulfilled by them from the Authority/ Client , for which, invoice from theManufacturer/ Supplier was already submitted to the Authority/ Client

• The Authority/ Client hold any other right to release any otherpayment to the Manufacturer/ Supplier

d. In the event the Authority/ Client terminates the contract in whole or in part, ,Authority/ Client may enter into fresh contract with any other Manufacturer/Supplier for completing unfulfilled portion of contract and Manufacturer/Supplier (whose Contract is terminated) shall be liable to Authority/ Client forany excess costs for such buses, their commissioning for Warranty. However,Manufacturer/ Supplier shall continue performance of the contract to theextent not terminated.

e. Without prejudice to any other right or remedies which the Manufacturer/Supplier may have under this Contract, upon occurrence of an Authority/Client Event of Default, the Manufacturer/ Supplier shall be entitled toterminate this Contract by issuing a Termination Notice to the Authority/ Client; provided that before issuing the Termination Notice, the Manufacturer/Supplier shall by a notice inform the Authority/ Client of its intention to issuesuch Termination Notice and grant 15 (fifteen) days or reasonable period tothe Authority/ Client to remedy the default (“Remedial Period”) and/or makerepresentations, and may after the expiry of such Remedial Period on non-remedy of breach/default at the satisfaction of the Manufacturer/ Supplier,whether or not it is in receipt of such representation, issue Termination Noticeand then terminate the Contract.

In the event of termination due to Authority/ Client Event of Default, Authority/ Client shall;

• Refund the Performance Guarantee amount in full after deduction ofany due payable by the Manufacturer/ Supplier

• Authority/ Client shall not be liable to pay any termination payment tothe Manufacturer/ Supplier in respect of such termination, except thepayment to be made for the buses delivered by the Manufacturer/Supplier and to which the Final Acceptance Certificate has beenissued, Manufacturer/ Supplier.

1.57 Force Majeure

“Force Majeure” (“FM”) shall mean any event or circumstance or combination of events orcircumstances (and their consequences) occurring on or after the Effective Date thatmaterially adversely affect(s) the performance of the Authority/ Client and/or theManufacturer/ Supplier rights or obligations under this Agreement provided that such eventsand/or circumstances:

a. Are beyond the reasonable control, directly or indirectly, of the parties (it beingunderstood that if a causing event is within reasonable control of an affected party, thedirect consequences shall also be deemed to be within such Party’s reasonablecontrol); or

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b. Could not have been avoided, overcome or remedied if the Party had takenreasonable care or had acted in accordance with Good Industry Practices (each a“Force Majeure Event”).

c. “Reasonable care” includes any acts or activities that protect the Project from acasualty event which are reasonable in the light of the likelihood of such event, theprobable effect of such event should it occur, and the likely efficacy of the protectionmeasures.

d. Any event or circumstance meeting the definition of Force Majeure and whichadversely affects the performance of the Manufacturer/ Supplier shall constitute aForce Majeure Event for the Licensee.

a. In view of a Force Majeure event, the date of fulfilment of contractshall be postponed during the period when such circumstances areoperative.

b. The party which is unable to perform its obligations under the presentcontract shall, within seven (07) days of occurrence of Force Majeureevent, inform other party with suitable documentary evidence. Non-availability of any component or any price escalation or change in anyduty, tax, levy, charge, etc. shall not be an excuse for theManufacturer/ Supplier for not performing his obligations under thisclause/ contract.

c. Any waiver/ extension of time in respect of the delivery of anyinstalment or commissioning of buses shall not be deemed to be awaiver/ extension of time in respect of remaining deliveries orcommissioning of buses or completing balance portion of work.

d. If such inability on account of force majeure to perform continues for aperiod of more than three (3) months, each party shall have the rightto be released from further performance of the contract, in which case,neither party shall have the right to claim damages from the other. Allprior performance shall be subject to contract terms.

e. Manufacturer/ Supplier shall not be liable for forfeiture of hisperformance security, pre-estimated liquidated damages ortermination if and to the extent that delay in performance or otherfailure to perform its obligations under the contract is the result ofForce Majeure.

f. In the event of termination due to Force Majeure Event of Default,Authority/ Client shall;

• Refund the Performance Guarantee amount in full after deduction ofany due payable by the Manufacturer/ Supplier

• Refund remaining Bank Guarantee against Mobilisation Advance infull without deduction of any interest against receipt of balance amountof mobilisation advance

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• Authority/ Client shall not be liable to pay any termination payment tothe Manufacturer/ Supplier in respect of such termination, except thepayment to be made for the buses delivered by the Manufacturer/Supplier and to which the Final Acceptance Certificate has beenissued, to Manufacturer/ Supplier

1.58 Settlement of Dispute and Arbitrationa. Amicable Resolution

a. Save where expressly stated otherwise in this Contract, any dispute, difference orcontroversy of whatever nature howsoever arising under, out of or in relation to thisContract between the Parties and so notified in writing by either Party to the other(the "Dispute") in the first instance shall be attempted to be resolved amicably by theParties and failing such resolution of the same, in accordance with the procedure setforth in sub-clause (b) below.

b. Either Party may require the Dispute to be referred to “West Bengal HousingInfrastructure Development Corporation Ltd., New, Town Kolkata”.), for amicablesettlement. Upon such reference, both Parties and the “ West Bengal HousingInfrastructure Development Corporation Ltd., New Town Kolkata” or his nominee(who can be an employee of Authority/ Client dealing with the Contract or otherwise)shall meet at the earliest mutual convenience and in any event within 15 (fifteen)days of such reference to discuss and attempt to amicably resolve the Dispute. If theDispute is not amicably resolved within 15 (fifteen) days of such meeting, either Partymay refer the Dispute to arbitration in accordance with the provisions given below.

1.59 Arbitrationa. Arbitrators

Any Dispute which is not resolved amicably shall be finally settled by binding arbitrationunder the Arbitration and Conciliation Act, 1996. The arbitration shall be by a Retired Justiceof High Court as Sole Arbitrator, to be appointed by the “West Bengal Housing InfrastructureDevelopment Corporation Ltd., Kolkata”. Such arbitration shall be held in accordance withthe provisions of the Arbitration and Conciliation Act, 1996 and any amendments thereto.The arbitrator shall issue a reasoned Award.

b. Place of Arbitration

The place of arbitration shall be Kolkata.

c. Language

The request for arbitration, the answer to the request, the terms of reference, any writtensubmissions, any orders and rulings shall be in English and, if oral hearings take place,English shall be the language to be used in the hearings.

d. Procedure

The procedure to be followed in the arbitration by the Sole Arbitrator shall be in accordancewith the Arbitration & Conciliation Act, 1996 and as may be decided by the Sole Arbitrator.

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e. Enforcement of Award

Any decision or award resulting from arbitration shall be final and binding upon the Parties.The Parties hereto hereby waive, to the extent permitted by law, any rights to appeal or toreview of such award by any Court or Tribunal. The Parties hereto agree that the arbitralaward may be enforced against the Parties to the arbitration proceedings or their assetswherever they may be found and that a judgment upon the arbitral award may be entered inany Court having jurisdiction thereof.

f. Fees and Expenses

The fees and expenses of the Sole Arbitrator and all other expenses of the arbitration shallbe initially borne and paid by the respective Parties equally subject to determination by theSole Arbitrator. The Sole Arbitrator may provide in the arbitral award for the reimbursementto the prevailing party of its costs and expenses in bringing or defending the arbitrationclaim, including legal fees and expenses incurred by the said Party.

g. Performance during Arbitration

Pending the submission of and/ or decision on a dispute, difference or claim or until thearbitral award is published; the Parties shall continue to perform all of their obligations underthis Contract without prejudice to a final adjustment in accordance with such award

1.60 Secrecya. Any information obtained in the course of the execution of the contract by the

Manufacturer/ Supplier, or any person so employed, as to any matterwhatsoever, which would or might be directly or indirectly, of use to anyenemy of India, must be treated secret and shall not at any time becommunicated to any person.

b. Any breach of the aforesaid conditions shall entitle Authority/ Client to cancelthe contract and to purchase or authorize purchase of buses at the risk andcost of the Manufacturer/ Supplier as applicable.

1.61 Transparencyc. The Authority/ Client confirm that no official of WBHIDCO Ltd. has received or

will be offered any benefit arising from this Agreement. The Manufacturer/Supplier confirm the same to the Government. The Parties agree that anybreach of this provision is a breach of an essential term of this Agreementand relevant action shall be taken in accordance to the level of breach.

1.62 Confidentialitya. No Party shall, without the prior written consent of the other Parties, at any

time divulge or disclose or suffer or permit its employees to divulge ordisclose to any person or use for any purpose unconnected with the Projectany information which is, by its nature or it marked “proprietary material,”concerning the other (including any information concerning the contents of

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this Agreement) except to their respective officers, directors, Authority/Clients,agents, representatives and professional advisors or as may be required byany law, rule, regulation or any judicial process for period of five years afterthe Transfer Date; provided, however, that any Party, with the written consentof the other Parties, may issue press releases containing non-sensitiveinformation in relation to the progress of the Project.

b. This Clause shall not apply to information:

a. Already in the public domain, otherwise than by breach of thisAgreement.

b. Already in the possession of the receiving Party before it was receivedfrom any other Party in connection with this Agreement and which wasnot obtained under any obligation of confidentiality; or

c. Obtained from a third party who is free to divulge the same and whichwas not obtained under any obligation of confidentiality.

SECTION 5

FORM - 2911

Contractor’s Stamp, signature and date …………………………………

HIDCO FORM NO - 2911 (ii)

West Bengal Housing Infrastructure DevelopmentCorporation Limited

NOTICE INVITING TENDER NO. HIDCO /GM(Electrical)/NIT-23/2015-16 DT 16.10.2015

ITEM RATE TENDER AND CONTRACT FOR WORKS

GENRAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS1. All works proposed for execution by contract will be notified in a form ofinvitation to tender posted in public places and signed by Chief Engineer /General Manager (Engineering).This form will state work to be carried out, as well as the date for submittingand opening tenders and the time allowed for carrying out the work, also theearnest-money to be deposited with the tenders, and the amount of the securitydeposit to be deposited by successful tenderer and the percentage, if any to bededucted from bills, copies of the specifications, designs and drawings and anyother documents required in connection with the work signed for the purposeof identification by the Chief Engineer /General Manager (Engineering) shallalso be open for inspection by the contractor at the office of the GeneralManager (Engineering) during office hours.2. In the event of the tender being submitted by a firm, it must be signedseparately by each member thereof, or, in the event of the absence of anypartner, it must be signed on his behalf by a person holding a power of attorneyauthorizing him to do so, such power of attorney to be produced with the tenderand save in the case of a firm carried on by one member of a joint family. It mustdisclose that the firm is duly registered under the Indian Partnership Act.3. Receipts for Payments made on account of a work when executed by a firm,must also be signed by the several partners, except where the contractors aredescribed in their tender as a firm in which case the receipts must be signed inthe name of the firm by one of the partners or by some other person havingauthority to give effectual receipts for the firm.4. Any person who submits a tender shall fill up the usual printed form, stating atwhat rate is willing to undertake each item of the work. Tenders is whichpropose any alteration in the work specified in the form of invitation to tender,or in the time allowed for carrying out the work, or which contain any otherconditions of any sort, will be liable to rejection. No single tender shall includemore than one work, but contractors who wish to tenders for two or moreworks shall submit a separate tender for each. Tenders shall have the name andnumber of the work to which they refer written outside the envelope.

PAN NO.:-

VAT NO:-

5. Chief Engineer / General Manager (Engineering) or his duly authorized assistantwill open tenders in the presence of any intending contractors who may bepresent at the time, and will enter the amounts or the several tenders in aComparative Statement in a suitable form. In the event of a tender beingaccepted, a receipt for the earnest-money forwarded therewith shall there uponbe given to the contractor who shall there upon for the purpose of identificationsign copies of the specifications and other documents mentioned in Rule 1. In theevent of a tender being rejected the earnest-money forwarded with suchunaccepted tender shall be refunded within 10 (ten) days from the date on whichthe tender is decided, provided the contractor(s) present himself/ themselvesbefore the General Manager (Engineering) to take the refund.6. The accepting authority reserves the right to reject any or all the tenders withoutassigning, any reasons and he will not be bound to accept either the lowesttender or any of the tenders.7. The receipts should only be obtained by the Contractor from the person,authorized to issue receipts by HIDCO authority.8. The memorandum of work tendered for and the schedule of materials to besupplied by the HIDCO and their issue rates, shall be filled in and completed inthe office of the General Manager (Engineering) before the tender form is issued.If a form is issued to an intending Tender without having been so filled in andcompleted he shall request the office to have this done before he completes anddelivers his tender.

TENDER FOR WORKS

I/We hereby tender for the execution for the HIDCO for the work specified in the under writtenmemorandum within the time specified in such memorandum at the rates specified therein, andin accordance in all respects with the specifications, designs, drawings, and instructions inwriting referred to in Rule I hereof and in clause II of the annexed conditions and with suchmaterials as are provided for, by, and in all other respects in accordance with such conditions sofar as applicable.MEMORANDUMi) If several sub-worksare included they a) General descriptionshould be detailed ina separate list b) Estimated cost Rs.c) Earnest - Money Rs.d) Security Deposit (including earnest -money) Rs.e) Percentage, If any, to be deducted from bills (Rupees percent)f) Time allowed for the work from date ofwritten order to commence Months

Item. Item or work Unit Per Rate tenderedNo.

In words

Note: - To be continued on additional sheets as found necessaryFull name & addressof the contractor.

Should this tender be accepted I/We hereby agree to abide by and fulfill all Give particularsthe terms & provisions of the said conditions of contract annexed hereto so and numbersfor as applicable, or in default thereof to forfeit and pay to HIDCO or hissuccessors in office the sums of money mentioned in the said conditions.The sum of Rs. is herewith forwarded in Pay order/Bank draft in anynationalized bank as Earnest - Money [(a) the full value of which is to beabsolutely forfeited to the HIDCO, without prejudice to any other rights orremedies of the said HIDCO. Should l/We fail to commence the workspecified in the above memorandum or should l/We not deposit the fullamount of security deposit specified in the above memorandum inaccordance with clause I (A) of the said conditions of contract, otherwise thesaid sum of Rs. shall be retained by HIDCO on account of the such securitydeposit as aforesaid specified or (b) the full value of which shall be retainedby HIDCO on account of the security deposit specified in clause I(B) of thesaid conditions of contract]

Strike out (a) ifno cash securitydeposit is to betakenStrike out (b) ifany cash securitydeposit is taken

Dated the Day of 20 Signature ofcontractor beforesubmission oftenderWitnessAddress Signature ofWitness tocontractor'ssignatureOccupation

The above tender is hereby accepted by me for and on behalf of the WestBengal Housing Infrastructure Development CorporationDated the Day of 20 Signature of theofficer by whomaccepted

CONDITIONS OF CONTRACT

Clause 1 - The Person/Persons whose tender may be accepted(hereinafter called the contractors) shall [A] [within one day of contract ofRs.1, 000 or less, two days for one of Rs. 2,000 or less, and so on, up-to alimit of ten days of the receipt by him of the notification of acceptance ofhis tender deposit with the Chief Engineer / General Manager(Engineering) in cash of Govt. securities endorsed of the General Manager(Engineering) (if deposited for more than 2 months) a sum sufficient withthe amount of the earnest-money deposited by him with his tender tomake up the full security deposit specified in the tender], or (B) [permitHIDCO at the time of making any payment to him for work done under thecontract to deduct such sum as will (with the earnest-money deposited byhim) amount to ten percent, of all moneys so payable such deductions tobe held by HIDCO by way of security deposit]. Provided always that in theevent of the contractor depositing a lump sum by way of security depositas contemplated at A) above then and in such case, if the sum so depositedshall not amount ten percent of the total estimated cost of the work, itshall be lawful for HIDCO at the time making any payment to thecontractor for work done under the contract to make up the fullpercentage of ten percent, by deduction a sufficient sum from every suchpayment as last aforesaid. All compensation or other sums of moneypayable by contractor to HIDCO under the terms of his contract may bededucted from or paid by the sale of a sufficient part of his securitydeposit, or from the interest arising there from, or from any sums whichmay be due or may become due to the contractor by HIDCO on any accountwhatsoever, and in the event of his security deposit being reduced byreason of any such deduction or sale as aforesaid, the contractor shallwithin ten days thereafter make good in cash or Government securitiesendorsed as aforesaid any sum or sums which may have been deductedfrom or raised by sale of his security deposit or any part thereof.Clause 2 - The time allowed for carrying out the work as entered shall bestrictly observed by the contractor and shall be reckoned from the date onwhich the order to commence work is given to the contractor. The workshall throughout the stipulated period of the contract be proceeded with,with all due diligence (time being deemed to. be of the essence of thecontract on the part of the contractor) and the contractor shall pay ascompensation an amount equal to one percent, or such smaller amount asthe Chief Engineer (whose decision in writing shall be final) may decide,on the amount of the tendered amount of the whole work as shown Intender for every day that the work remains un- commenced or unfinishedafter the proper dates. The contractor shall commence execution of suchpart of the work as may be notified to him within Five (5) days from thedate of the order for commencement for work and diligently continue suchwork and further to ensure good progress and during the execution of thework, he shall be bound in all cases in which the time allowed for any workexceeds one month to complete one-fourth of the work before one-forth ofthe whole time allowed under contract has elapsed, one-half of the workbefore one-half of such time has elapsed and three-forth of the work,before three-fourth of such time has elapsed in the vent of the contractorfailing to comply with any of the conditions here in he shall be liable to pay

Security deposit

Compensationfor delay

compensation an amount equal to one percent, or such smaller amount asthe Chief Engineer (whose decision in writing shall be final) may decide,on the said tendered amount of the whole work for every day that the duequantity of work remains incomplete or unfinished after the proper duties.PROVIDED ALWAYS that the entire amount of compensation to be paidunder the provisions of this clause shall not be exceeding ten percent onthe tendered amount of the work as shown in the tender.Clause 3 - In any case in which under any clause or clauses of the contractthe contractor shall have rendered himself liable to pay compensationamounting to the whole of his security deposit (whether paid in one sumor deducted by installments) the General Manager (Engineering) shall havepower to adopt any of the following courses as he may deem best suited tothe interest of HIDCO.a) To rescind the contract (of which rescission notice in writing to thecontractor under the hand of the General Manager (Engineering) shall beconclusive evidence), and in which case the security deposit of thecontractor shall stand forfeited and be absolutely at the disposal of HIDCO.b) To employ labour paid by HIDCO and to supply materials to carry outthe work or any part of the work debiting the contractor with the cost ofthe labour and the price of the materials (or the amount of which cost andprice a certificate of the General Manager (Engineering) shall be final andconclusive against the contractor) and crediting him the value of workdone in all respects in the same manner and at the same rates as if it hadbeen) carried out by the contractor under the terms of his contract, thecertificate of the General Manager (Engineering) as to the value of the workdone shall be final and conclusive against the contractor.c) To measure up the work of the contractor, and to take such part thereofas shall be unexecuted out of his hands and to give another contractor tocomplete, in which case any expenses which may be incurred in excess ofthe sum which would have been paid to the original contractor, if thewhole work had been executed by him (of the amount of which excess thecertificate in writing of the General Manager (Engineering) shall be finaland conclusive) shall be borne and paid by the original contractor and maybe deducted from any money due to him by HIDCO under the contract orotherwise or from any money due to him by proceeds of sale thereof or asufficient or from his security deposit or the proceeds of sale thereof or asufficient part thereof.In the event of any of the above courses being adopted by the GeneralManager (Engineering) the contractor shall have no claim to compensationfor any loss sustained by him by reason of his having purchased orprocured or produced any materials, or entered any engagements, or madeany advances on account of or with a view to the execution of the work orthe performance of the contract. And in case the contract shall berescinded under the provision aforesaid, the contractor shall not beentitled to recover or be paid any sums for any work therefore actuallyperformed under this contract, unless and until the Assistant Engineer /General Manager (Engineering) will have certified in writing theperformance of such work and the value payable in respect thereof and heshall only be entitled to be paid the value so certified.

Action whenwhole ofsecurity depositis forfeited

Contractorremains liableto paycompensation ifaction not takenunder clause3.

Clause 4 - In any case in which any of the powers, conferred upon theGeneral Manager (Engineering) by clause 3 hereof, shall have becomeexercisable and the same shall not be exercised, the non-exercise thereofshall not constitute a wavier of any conditions hereof and such powersshall not withstanding be exercisable in the event of any future cause ofdefault by the contractor for which by any clauses or clause hereof he isdeclared liable to pay compensation amounting to the whole of his securitydeposit and the liability of the contractor for past and future compensationshall remain unaffected. In the event of the General Manager (Engineering)putting in force either of the powers (a) or (c) vested in him under thepreceding clause he may, if he so desires, take possession of all or anytools, plant, materials and stores in or upon the works or the site thereof orbelonging to the contractor, or procured by him and intended to be usedfor the execution of the work or any part thereof, paying or allowing for thesame in account at the contract rates, or in case of these not beingapplicable, at current market rates to be certified by the General Manager(Engineering). whose certificate therefore shall be final, otherwise theGeneral Manager (Engineering) may be noticed in writing to the contractoror his clerk of the works foreman or other authorized agent require him toremove such tools, plant, materials or stores from the premises (within atime to be specified in such notice) and in the event of the contractorfailing to comply with any such requisition, the GeneralManager (Engineering) may remove them at the contractor's expense orsell them by auction or private sale on account of the contractor and at hisrisk in all respects and the certificate of General Manager (Engineering) asto the expense of any such removal and the amount of the proceeds andexpense of any such sale shall be final and conclusive against thecontractor.Clause 5 - If the contractor shall desire an extension of the time forcompletion of the works on the grounds of his having been unavoidablyhindered in its execution, the contractor shall give immediate report ofsuch hindrance to the General Manager (Engineering) in writing and if heshall desire an extension of time for completion of the work on the groundthereof he shall apply in writing to the Chief Engineer through the GeneralManager (Engineering) within 7 days of the date of cessation of suchhindrance on account of which he desires such extension as aforesaid andthe Chief Engineer shall if in his opinion (which shall be final) reasonablegrounds be shown therefore, authorize such extension of time, if any, asmay in his opinion be necessary or proper.Clause 6 - On completion of the work, the contractor shall have to befurnished with certificate by the Assistant Engineer / the General Manager(Engineering) (hereinafter called the Engineer-in-charge) of suchcompletion, but no such certificate shall be given, nor shall the work beconsidered to be completed until the contractor shall have removed fromthe premises on which the work shall be executed, all scaffolding, surplusmaterials and rubbish and cleaned off the dirt from all wood-work doors,windows, walls, floors or other parts or any building, in upon or aboutwhich the work is to be executed or of which he may have had possessionfor the purpose of the execution thereof, nor until the work shall have beenmeasured by the Engineer – in – charge whose measurements shall bebinding and conclusive against the contractor . If the contractor shall fail to

Power to takepossession of orrequireremoval of orself contractor’splant

Extension oftime

Final certificate

comply with the requirements of this clause as to removal of scaffolding,surplus materials and rubbish and cleaning off dirt on or before the datefixed for the completion of the work, the Engineer-in-charge may at theexpenses of the contractor remove such scaffolding surplus materials andrubbish and dispose of the same as he thinks fit and clean off such dirt asaforesaid, and the contractor shall forthwith pay the amount of allexpenses so incurred and shall have no claim in respect of any suchscaffolding or surplus materials as aforesaid except for any sum actuallyrealized by the sale thereof.Clause.7 - No payment shall be made for works estimated to cost less thanrupees one thousand, till after the whole of the works shall have beencompleted & a certificate of completion given. But in the case of worksestimated to cost more than rupees one thousand, the contractor shall onsubmitting the bill therefore be entitled to receive a monthly paymentproportionate to the part thereof then approved and passed by theEngineer-in-charge, whose certificates of such approval and passing of thesum so payable shall be final and conclusive against the contractor. But allsuch intermediate payments only and not as payments for work actuallydone and shall not preclude the requiring of bad, unsound and imperfect orunskillful work to be removed and taken away and reconstructed or re-erected or be considered as an admission of the due performance of thecontract or any part thereof, in any respect, or the occurring of any claimnor shall it conclude, determine or effect in any way the powers of theEngineer-in-charge under those conditions or any of them as to finalsettlement and adjustment of the accounts or otherwise or in any otherway vary or effect the contract. The final bill shall be submitted by thecontractor within one month of the date fixed for completions of the work;otherwise the Engineer-in-charge's certificate of the measurement & of thetotal amount payable for the work accordingly shall be final and binding onall parties.Clause 8 - A bill shall be submitted by the contractor each month on orbefore the date fixed by the Engineer-in-charge for all works executed inthe previous month, and the Engineer-in-charge shall take or clause to betaken the requisite measurement for the purpose of having the sameverified & the claim as far as admissible adjusted, if possible, before theexpiry of ten days from the presentation of the bill. If the contractor doesnot submit the bill within the time fixed as aforesaid, the Engineer-in-charge may depute a subordinate to measure up the said work in thepresence of the contractor, whose countersignature to the measurementlist will be sufficient warrant and the Engineer-in-charge may prepare abill from such list which shall be binding on the contractor in all respects.Clause 9 - The contractor shall summit all bills on the printed forms to behad on application at the office of the Engineer-in-charge and the charge inthe bills shall always be entered at the rates specified in the tender or inthe case of any extra work ordered in pursuance of these conditions, andnot mentioned to provide for in the tender at the rates hereinafterprovided for such work.

Payment onintermediatecertificate toregarded asadvances

Submittedmonthly

Bills to be onprinted forms

Clause 9A - 1) Payments due to the contractor may, if so desired by him:be made to his Bank instead of direct to him provided that the contractorfurnishes to the Engineer-in-chargei) An authorization in the form of a legally valid documents e.g. irrevocable"Power of Attorney" conferring authority on the Bank to receive payment,andii) His own acceptance of the correctness of the account made out as beingdue to him by HIDCO or his signature on the bill or other claim preferredagainst HIDCO, before settlement by the Engineer-in-charge of the accountor claim by the payment to the Bank.While the receipt given by such bank shall constitute a full and sufficientdischarge for the payment, the contractor should, wherever possible,present his bills duly receipted and discharged through his Bankers.2) In the case of bills, which the contractor presents for payment directand which are not endorsed in favour of the Bank, while efforts will bemade to secure payment to the financing Bank, payments made to thecontractor should be accepted as full acquaintance so far as HIDCO isconcerned. As part of the arrangement, the financing Bank should giveHIDCO a letter on this effect.

Note 1 - The procedure will not affect the usual right of HIDCO to deductfrom contractor's bill (whether endorsed in favour of Bank or Not) anysum due to HIDCO on account of penalties, over-payments etc. on this orany other contract with West Bengal Housing Infrastructure DevelopmentCorporation.Note 2 - Nothing herein contained shall operate to create in favour of theBank any rights or equities vis-à-vis the HIDCO.Clause 10 - If the specification or estimate of the work provides for the useof any special description ofmaterials to be supplied from the Engineer-in-charge's store or if it is required that the contractor shall use certain storesto be provided by the Engineer-in-charge (such materials and stores, andthe prices to be charged therefore as hereinafter mentioned being so far aspracticable for the convenience of the contractor but not so as in any wayto control the meaning or effect of this contract specified in the schedule ormemorandum hereto annexed), the contractor shall be supplied with suchmaterials and stores as required from time to be used by him for thepurpose of the contract only, and the value of the full quantity of materialsand stores so supplied at the rate specified in the said schedule ormemorandum may be set of for deducted from any sum then due, orthereafter to become due to the contractor under the contract, orotherwise of against or from the security deposit or the proceeds of salethereof, if the same thereof, of the same is held in HIDCO’s securities, thesame or a sufficient portion thereof being in this case sold for the purpose.All materials supplied to the contractor shall remain the absolute propertyof HIDCO and shall not on any account be removed from the site of the

Payment ofcontractor’sbills to bank

Stores suppliedby HIDCO

work and shall at all times be open to inspection by the Engineer-in-charge.Any such materials unused and in perfectly good condition at the time ofthe completion or the determination of the contract shall be returned tothe Engineer-in-charge's store. If by a notice in writing under his hand heshall so require, but the contractor shall not be entitled to return any suchmaterials unless with such consent, and shall have no claim forcompensation on account of any such materials so supplied to him asaforesaid being unused by him, or for any wastage in or damage to anysuch materials.Clause 11 - The contractor shall execute the whole and every part of thework in the most substantial and workman like manner, and both asregards materials & otherwise in every respect in strict accordance withthe specifications. The contractor shall also conform exactly, fully andfaithfully to the designs, drawings and instructions in writing relating tothe work signed by the Engineer-in-charge and lodged in his office and towhich the contractor shall be entitled to have access at such office or on thesite of the work for the purpose of inspection during office hours, and thecontractor shall, if he so requires, be entitled at his own expense to makeor cause to be made copies of the specifications, and of all designs,drawings and instructions as aforesaid.Clause 12 - The Engineer-in-charge shall have power to make anyalterations in, omissions from, additions to or substitutions for the originalspecifications, drawings designs and instructions, that may appear to himto be necessary or advisable during the progress of the work, and thecontractor shall be bound to carry out the work in accordance with anyinstructions which may be given to him in writing signed by the Engineer-in-charge and such alterations, omissions, additions or substitutions shallnot invalidate the contract, but shall be deemed to have formed as workincluded in the original tender and any altered, additional or substitutedwork which the contractor may be directed to do in the manner abovespecified as part of the work shall be carried out by the contractor on thesame conditions in all respects on which he agreed to do the main workand at the same rates, if any, may be specified in the tender for the mainwork. The time for the completion of the work shall be extended on theproportion that the altered, additional or substituted work bears to theoriginal contract work and the certificate of the Engineer-in-charge shall beconclusive as to such proportion, and if the altered, additional orsubstituted work includes any class of work for which no rate is specifiedin this contract then such class of work shall be carried out at the ratesentered in the schedule of rates of the MOST/P.W.D/P.W.D. (Roads) whichwas in force at the time of the acceptance of the contract minus plus thepercentage which the total tendered amount bears to the estimated cost ofthe entire work put to tender, and if the altered, additional or substitutedwork is not entered in the said schedule of rates payment thereof shall bemade by the Engineer-in-charge by determining the rates on analysisworked out from (a) the basic rates of materials and labour provided in thecurrent schedule of rates or (b) the current market rates of materials andlabour provided when even basic rates for the works are not available inthe schedule. In case when such rates are determined on analysis by theEngineer-in-charge under (a) above, the stipulated percentage above orbelow schedule of rates as provided in the contract shall also apply and incase of rates worked out on analysis under (b) above, payment shall be

Works to beexecuted inaccordance withspecification,drawings, ordersetc.

Alteration inspecificationand design

Do not invalidatetender

Extension oftime inconsequenceof alteration

Rates for worksnot in estimatedschedule

made at percentage. In the event of any dispute regarding ratesdetermined on analysis for any altered, additional or substituted workunder this clause, the decision of the Chief Engineer shall be final andbinding.Clause 12A-

-Clause 13 -If at any time after the commencement of the work HIDCO shallfor any reason whatsoever not required the whole thereof as specified inthe tender to be carried out, the Engineer-in-charge shall give notice inwriting of the fact to the contractor who shall have no claim to anypayment or compensation whatsoever on account of any profit oradvantage which he might have derived from the execution of the work infull, but which he did not derive in consequence of the full amount of thework not having been carried out, neither shall he have any claim forcompensation by reason of any alterations having been made on originalspecifications, drawings, designs, and instructions which shall involve anycurtailment of the work as originally contemplated.Clause 14 - If it shall appear to the Engineer-in-charge or his subordinatein charge of the work, that any work has been executed with unsound,imperfect, or unskillful workmanship or with materials of any inferiordescription, or that any materials or articles provided by him for theexecution of the work are unsound, or of a Quality inferior to thatcontracted for, or otherwise not in accordance with contract, thecontractor shall on demand in writing from the Engineer-in-chargespecifying the work, materials or articles complained of notwithstandingthat the same may have been inadvertently passed, certified and paid for,forthwith rectify or remove and reconstruct the work so specified in wholeor in part, as the case may require, or as the case may be remove thematerials or articles so specified and provide other proper and suitablematerials or articles at his own proper charge and cost; and in the event ofhis failing to do so within a period to be specified by the Engineer-in-charge in his demand aforesaid, then the contractor shall be liable to paycompensation at the rate of one percent on the amount of the estimate forevery day not exceeding ten days, while his failure to do so shall continueand in the case of any such failure the Engineer-in-charge may rectify orremove and re-execute the work or remove and replace with others, thematerial or articles complained of as the case may be at the risk andexpense in all respects of the contractor.

Nocompensationfor alteration in,or restriction ofwork to becarried out

Action andcompensationpayable in caseof bad work

Cause 15 - All work under or in course of execution or executed inpursuance of the contract shall at all times be open to the inspection andsupervision of the Engineer-in-charge and his subordinates and thecontractor shall at all times during the usual working hours, and at allother times at which reasonable notice of the intention of the Engineer-in-charge or his subordinate to visit the work shall have been given to thecontractor, either himself be present to receive the orders and instructions,or have a responsible agent duly accredited in writing present for thatpurpose. Orders given to the contractor's agent shall be considered to havethe same force as if they had been given to contractor himself.

Work to be opento inspectionContractor orresponsibleagent to bepresent

Cause 16 - The contractor shall give not less than five days notice inwriting to the Engineer-in-charge or his subordinate in charge of the workbefore covering up or otherwise placing beyond the reach of measurementany work in order that the same may be measured and correct dimensionsthereof be taken before the same is so covered up or placed beyond thereach of measurement and shall not cover up or place beyond the reach ofmeasurement any work without the consent in writing of the Engineer-in-charge or his subordinate in charge of the work, and if any work shall becovered up or placed beyond the reach of measurement without suchnotice having been given or consent obtained, the same shall be uncoveredat the contractor's expense or in default thereof no payment or allowanceshall be made for such work or the materials with which the same wasexecuted.Vide G.O. No. 4142-A Dt.26-8-1977

Clause 17 - If the contractor or his workmen or servants shall break,deface, injure or destroy any part of a building, in which they may beworking or any building, road, road curbs, fence enclosures, water pipes,cables, drains, electric of telephone posts or wires, trees, grass or grass-land or cultivated ground contiguous to the premises on which the work orany part of it is being executed, or if any damage shall happen to the workwhile in progress from any cause whatever or any imperfections becomeapparent in it within three months (six months in the case of road work)after a certificate final or otherwise of its completion shall have been givenby the Engineer-in-charge as aforesaid, the contractor shall make the samegood at his own expense or in default, the Engineer-in-charge may causethe same to be made good by other workmen and deduct the expense (ofwhich the certificate of the Engineer-In-charge shall be final) from anysums that may be then, or at any time thereafter become due to contractor,or from his security deposits, or the proceeds of the sale thereof, or of asufficient portion thereof.The security deposit of the contractor made in the manner provided inclause thereof, shall be refundable on the expiry of the period (as per NIT)after the issue of certificates, final or otherwise of the completion of thework, subject to the condition that no such refund of security deposit shallbe allowed till the final bill has been prepared and passed, provided,however, that in the case of a road work if in the opinion of the Engineer-in-charge, half of the security deposit is sufficient, to meet all the liabilitiesof the contractor under this contract half of the security deposit will berefunadble after a period (as per NIT) of the issue of the said certificate ofcompletion. Provided, further that in the case of any work (whether road,building, bridge, electrical, sanitary and plumbing etc.) where thecontractor after completion of the major portion of the contract is deterredfrom execution remaining part of the work under circumstances beyondhis control, the Engineer-in-charge may on the merit of each make aproportionate refund of the security deposit to the contractor.The Contractor shall be responsible for rectifying defects in asphaltic worknoticed within a year from the date of completion of the work and theportion of the security deposit relating to asphaltic work shall berefundable after expiry of this period.

Notice to begiven beforethe work iscovered up

Contractor liablefor damagedone, and forimperfections

Clause 18 - The contractor shall supply at his own cost materials (exceptsuch special materials, if any, as may in accordance with the contract besupplied from the Engineer-in-charge's stores), plant, tools appliances,implements, ladders, cordage, tackle scaffolding and temporary worksrequisite or proper for the proper execution of the work, whether original,altered or substituted and whether included in the specification or otherdocuments forming part of the contract or referred to in these conditionsor not, or which may be necessary for the purpose of satisfying orcomplying with the requirements of the Engineer-in-charge as to anymatter as to which under these conditions he is entitled to be satisfied orwhich he is entitled to require together with carriage therefore to and fromthe work. The contractor shall also supply without charge the requisitenumber of persons with the means and materials necessary for thepurpose of setting out works and counting, weighing and assisting in themeasurement or examination at any time and from time to time of thework or materials. Failing his so doing the same may be provided by theEngineer-in-charge at the expense of the contractor and the expenses maybe deducted from any money due to the contractor under the contract, orfrom his security deposit or the proceeds of sale thereof, or of a sufficientportion thereof. The contractor shall also provide all necessary fencing andlights required to protect the public from accident, and shall be bound tobear the expenses of defense of every suit, action or other proceedings atlaw that may be brought by any person for injury sustained owing toneglect of the above precautions and to pay any damages and costs whichmay be awarded in any such suit, action or proceedings to any such personor which may with the consent of the contractor be paid to compromiseany claim by any such person.Clause 18A - The contractor shall be responsible for and shall take propercare and caution in respect of all rollers, machinery, tools and plants asmay be made over by the HIDCO to the contractor for use in the executionof the works under this contract & shall be liable for any loss of anydamages caused to the side rollers, machinery, tools and implements byany reason whatsoever during the period the same are in the possession ofthe contractor and shall on demand pay to the HIDCO such amount as maybe fixed by the HIDCO for such loss and damages, the decision of the HIDCOin that respect being final. Should the contractor fail or neglect to pay suchamount on demand the HIDCO shall have the right and be entitled inaddition to the other rights and remedies available to it, to deduct suchamount from the amount of security deposited by the contractor and/orany amount remaining payable to the contractor under this contract forany work done by the contractor.Clause 18B - In every case in which by virtue of the provisions of Section12, Sub-Section (1) of the workmen's Compensation Act, 1932, HIDCO isobliged to pay compensation to the workman employed by this contractor,in execution of the works, HIDCO will recover from the contractor theamount of the compensation to be paid and without prejudice to the rightof HIDCO under section 12, Sub-section (2) of the said Act HIDCO shall beat liberty to recover such amount or any part thereof by deducting it fromthe security deposit or from any sum due by the HIDCO to the contractorwhether under this contract or otherwise.

Contractor tosupply plantladders.Scaffoldings etc.

And is liable fordamages arisingfrom non-provision oflight, fencing etc.

HIDCO shall not be bound to contest any claim made against it underSection 12, Sub-section (1) of the said Act, except on the written request ofthe contractor and upon his giving to HIDCO full security for all cost forwhich HIDCO might become liable in consequence of contesting such claim.Clause 19 - No female labour shall be employed within the limits of acantonment.Clause 19A - No labour below the age of twelve (12) years shall beemployed on the work.Vide Letter No. 4783/A Dt. 7-5-1976 for Engr.-in-Chief and Ex-office-Secretary, P.W.D., W.B.

Clause 19B –

Labour

(a) The contractor shall pay to labour employed by him either directly orthrough sub-contractor, wages not less than fair wages as defined in theCPWD contractor’s Labour Regulation in so far as such regulations haveapplications within the State of West Bengal or as per the provisions of theContract Labour (Regulation and Abolition) Act 1970 and the Contract,wherever applicable.(b) The contractor shall, notwithstanding the provisions of any contract tothe contrary, cause to be paid for wages to labour indirectly engaged on thework, including any engaged by his subcontractor in connection with thesaid work, as if the labour had been immediately employed by him.(c) In respect of all labour directly or indirectly employed in the work forperformance of the contractors part of his agreement the contractor shallcomply with or cause to be complied with CPWD contractor’s LabourRegulations as mentioned in sub-Para (a) above made from time to timeregard to payment of wages, wage period, deduction from wages, recoveryof wages not paid and deductions unauthorized made, maintenance ofwage books or wage slips, publication of scale of wages and other terms ofemployment, inspection and submission of periodical returns and all othermatters of the like nature or as per the provisions of the Contract Labour(Regulation & Abolition) Act. 1970 and the Contract Labour (Regulationand Abolition) Rules 1971 wherever applicable.(d) The General Manager (Eng.)/ Assistant Engineer shall have the right todeduct from the moneys due to the contractor any sum required orestimated to be required for making good the loss suffered by a worker orworkers by reasons of non fulfillment of the conditions of the contract forthe benefit of the workers, non payment of wages or deductions made fromhis or their wages which are not justified by their terms of contract or nonobservance of the regulations as mentioned above.(e) The contractor shall comply with the provisions of payment of wagesAct, 1936, Minimum wages Act, 1948. Employees Liability Act, 1938,Industrial Dispute Act, 1947, Maternity Benefit Act. 1961 and the ContractLabour (Regulations & Abolition) Act, 1970 or the modifications thereof orany other laws relating thereto and the Rules made there under from timeto time.

(f) The contractor shall indemnify HIDCO against payment to be madeunder and for the observance of the laws aforesaid and the CPWDcontractors Labour Regulations having application within the State of WestBengal without prejudice to his right to claim indemnify from his sub-contractors.(g) The regulations aforesaid shall be deemed to be a part of this contractand any breach thereof shall be deemed to be a breach of this contact.Clause 20 - No work shall be done on Sundays without the sanction inwriting of the Engineer-in-charge.Clause 21 - The contract shall not be assigned or sublet without specificorder from HIDCO in respect of a specified sub-contractor. And if thecontractor shall assign or sublet his contract, or attempt so to do, orbecome insolvent or commence any insolvency proceedings or make anycomposition with his creditors, or attempt so to or if any bribe gratuity,gift, loan pursuit reward or advantage, pecuniary or otherwise shall eitherdirectly or indirectly be given, promised, or offered by the contractor, orany of his servants or agents to any public officer or person in the employof HIDCO in any way relating to his office of employment, or if any suchofficer or person shall become in any way directly or indirectly interestedin the contract, the General Manager (Engineering) may there upon bynotice in writing rescind the contract and the security deposit of thecontractor shall thereupon stand forfeited and be absolutely at the disposalof HIDCO, and the same consequences shall ensure as if the contract hadbeen rescinded under clause 3 hereof, and in addition the contractor shallnot be entitled to recover or be paid for any work therefore actuallyperformed under the contract.

Works onSundayWorks not to besublet. Contractmay berescinded andsecurity depositforfeited forsubletting,bribing or ifcontractorbecomesinsolvent

Clause 22 - All sums payable by way of compensation under any of theseconditions shall be considered as reasonable compensation to be appliedto the use of HIDCO without reference to the actual loss or damagesustained and whether or not any damage shall have been sustained.Clause 23 - In the case of a tender by partners any change in theconstitution of the firm shall be forthwith notified by the contractor to theEngineer-in-charge for his information.Clause 24 - All works to be executed under the contract shall be executedunder the direction and subject to the approval in all respects of theGeneral Manager [Engineering] for the time being who shall be entitled todirect at what point or points and in what manner they are to becommenced and from time to time carried on.Clause -25Except where otherwise provided in the contract all questions anddisputes relating to the meaning of the specifications, designs, drawingsand instructions herein before mentioned and as to the quality ofworkmanship or materials used on the work or as to any other question,claim, right, matter or thing whatsoever, in any way arising out of relatingto the contracts design, drawings specifications, estimates, instructions,

Sum payable byway ofcompensation tobe considered asreasonablecompensationwithout referenceto actual lossChanges inconstitutionof firmWorks to bedone underdirection ofGM(Engg)

Settlement ofdisputes

orders or these conditions or otherwise concerning the works, or theexecutions or failure to execute the same, whether arising during theprogress of the work, or after the completion or abandonment thereof shallbe dealt with as mentioned hereinafter.If the contractor considers any work demanded of him to be outside therequirements of the contract, or disputes any drawings, record or decisiongiven in writing by the Engineer-in-Charge on any matter in connectionwith or arising out of the contract or carrying out of the work, to beunacceptable, he shall promptly within 15 days request the Chairman ofthe Dispute Redressal Committee in writing for written instruction ordecision. Thereupon, the Dispute Redressal Committee shall give itswritten instructions or decision within a period of three months from thedate of receipt of the contractor’s letter.This provision will be applicable irrespective of the value of the works towhich the dispute may relate.Ref:-Order No. 8182-F(Y)/Kolkata- 26th Sept. 2012 from FinanceDepartment, Audit Branch, Government of West Bengal.Clause 26 – The contractor shall obtain from the stores of the GeneralManager (Engg) all stores and articles of European or Americanmanufacture which may required for the work, or any part thereof inmaking up articles required therefore or in connection therewith unless hehas obtained permission in writing from the General Manager (Engg) toobtain such stores and articles elsewhere. The value of such stores andarticles as may be supplied to the contractor by the General Manager(Engg) will be debited to the contractor in his account at the rates shown inthe schedule attached to the contract, and if they are not entered in theschedule, they will be debited at cost price which for the purposes of thiscontract shall include the cost of carriage, the last being recoverable inaddition and all other expenses whatsoever, which shall have beenincurred in obtaining delivery of the same at the stores aforesaid.Clause 27 – When the estimate on which the tender is made includes lumpsums in respect of parts of the work, the contractor shall be entitled topayment in respect of the items of works involved or the part of the workin question at the same rates as payable under this contract for such itemsor if the part of the work in question is not, in the opinion of GeneralManager (Engg) capable of measurement, the General Manager (Engg) mayat his discretion pay the lump sum amount entered in the estimate, and thecertificate in writing of the General Manager(Engg) shall be final andconclusive against the contractor with regard to any sum or sums payableto him under the provision of this clause.Clause 28 – In the case or any class of work for which there is no suchspecification as is mentioned in rule 1, such work shall be carried out inaccordance with the district specification and in the event of there being nodistrict specification, then in such case the work shall be carried out in allrespects in accordance with the instructions and requirements of theGeneral Manager (Engg).

Stores ofEuropean orAmericanmanufacturer tobe obtainedfrom HIDCO.

Lump sums inestimates.

Action where nospecification

Clause 29 – The expression “works” or “work” where used in theseconditions shall unless there be something either in the subject or contextrepugnant to such construction be constructed and taken to mean theworks by or by virtue of the contract contracted to be executed, whethertemporary or permanent and whether original, altered, substituted oradditional.Clause 30 – The contractor (s) shall at his/their own cost providedhis/their labour with hutting on an approved site and shall makearrangements for conservancy and sanitation in the labour camp to thesatisfaction of the local Public Health and Medical Authorities. He/theyshall also at his/their own cost make arrangements for the laying of pipelines for water supply to his/their labour camp from the existing mainswherever available, and shall pay all fees, charges and expenses inconnection therewith and incidental thereto.

Definition ofwork