turnkeyproject_biddocument_noidaextension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension of 81

INDIAN RAILWAY WELFARE ORGANIZATION

Railway Office Complex,

Shivaji Bridge,

Behind Shankar Market,

New Delhi – 110001

http://www.irwo.in/

TENDER DOCUMENT

FOR

CONSTRUCTION OF MULTI-STOREYED FLATS

ON TURNKEY BASIS,

INCLUDING TRANSFER OF LAND,

AT

NOIDA EXTENSION (GREATER NOIDA)

Document ID No.: IRWO/Tender/Turnkey/Noida Extension/2012-13/1

Name and address of the Tenderer to whom issued:

………………………………………………………..

………………………………………………………..

………………………………………………………..

………………………………………………………..

Date of issue: …………………………………………

Issued by: …………………………………………….



DISCLAIMER

The information contained in this tender document (the “Tender document”) or any other document

subsequently provided to a Tenderer pursuant to this Tender document, whether verbally or in

documentary form by or on behalf of the Indian Railway Welfare Organization (“IRWO”), their employees or

any of its agencies/consultants/advisors, is provided to the Tenderer(s) on the terms and conditions set out

in this document and all other terms and conditions subject to which such information is provided.

Tenderer(s) should ensure that Tender document is complete in all respects. In the event that the Tender

document or any part thereof is damaged or missing, the Tenderer(s) shall notify IRWO immediately at the

following address:

INDIAN RAILWAY WELFARE ORGANIZATION


Shivaji Bridge,



Attn: Shri Y P Gulati, General Manager (General)

Tel: (011) 23413627

Fax: (011) 23411173

In the event such written notice is not received at the aforementioned office within 7 days from the date of

issue of the Tender document to the Tenderer(s), the Tender documents received by the Tenderer(s) shall

be deemed to be complete in all respects.

The purpose of this Tender document is to provide the Tenderer(s) with information to assist the

formulation of their Tender. This Tender document does not purport to contain all the information for all the

persons, and it is not possible for IRWO, their employees or any of its agencies/consultants/advisors to

consider the business/investment objectives, financial situation and particular needs of each Tenderer who

reads or uses this Tender document. Each Tenderer should conduct its own investigation and analysis, and

should check the accuracy, reliability and completeness of the information in this Tender document and

where necessary obtain independent advice from appropriate sources. IRWO, their employees or any of its

agencies/consultants/advisors make no representation or warranty, express or implied, and shall incur no

liability under any law, statute, rule or regulation as to the accuracy, reliability or completeness of this

Tender document.

IRWO may in its own discretion, but without being under any obligation to do so, update, amend or

supplement the information in this Tender document.



BID DETAILS

1. Receipt of Queries from Intending

Tenderers for pre-bid meeting

By 17th

August 2012 : 16.00 Hrs

2. Date and Time of Pre-Bid Meeting

30th

August 2012 : 11.30 Hrs

3. Last date and time for receipt of

Duly completed Bid Documents

28th

September 2012 : 15.00 Hrs

4. Date and Time of Technical Bid

Opening

28th

September 2012 : 15.30 Hrs

5. Tender document Fee Rs. 10,000/- (Rupees Ten Thousand

Only) and Rs. 10,500/- if Tender

document is requested by post

6. Approximate Cost of the Work Rs. 115 crores

7. Earnest Money Deposit Amount Rs 50 lakhs (Rs. Fifty Lakhs only)

(Refundable) in the form of Demand

Draft/ Banker's cheque favouring

‘Indian Railway Welfare Organization’

payable at New Delhi

8. Place of Pre-Bid Meeting and for opening

of Bids

IRWO Corporate Office, , Railway

Office Complex, Behind Shankar

Market, New Delhi – 110001



CONTENTS OF ENVELOPES

1. OUTER ENVELOPE - Covering Letter of Tender, duly

completed and signed by the

Tenderer (as per Tender Form

E1)

- Checklist (as per Clause 4.2 of

Section C) in the format at

Annexure C1

- Demand Draft / Banker’s

Cheque for Tender Document

Fee (in case the Tender

Documents have been

downloaded from IRWO

website)

- Demand Draft / Banker’s

Cheque for Earnest Money

- Sealed Packet 1

- Sealed Packet 2

2. SEALED PACKET-1 : TECHNICAL BID - General Information about the


E2) with Company profile,

Memorandum and Articles of

Association, etc.

- Joint Tendering Agreement (as

applicable, if the Tender is

submitted by a Consortium of

Firms) (as per Tender Form E3)

- Power of Attorney for

appointing Lead Member duly

attested by notary public

(applicable for a Consortium)

(as per Tender Form E4)

- Power of Attorney in favour of

the Authorised signatory of

Tender documents duly

attested by notary public (as



per Tender Form E5)

- Technical Proposal of the


E6)

- Information for Technical Bid


including supporting details

- Affidavit (as per Tender Form E7A)

- The original Tender document issued

to the Tenderer (or the full Tender

document downloaded from IRWO

website), duly initialled on all pages by

the Authorised Signatory as a token of

acceptance, except the Form of

Price/Financial Bid.

3. SEALED PACKET-2 : FINANCIAL / PRICE BID - Financial / Price Bid (as per

Tender Form E8)



The successful Tenderer shall enter into a formal agreement with IRWO as per the format in Section B. This

format along with the “Instructions to Tenderers” which is being issued as Section C of the Tender

document, must be read in conjunction with the other sections of the Tender document as indicated below.

The details of the work ‘Construction of Multistoried Flats on Turnkey basis at ‘Noida Extension’, the

eligibility conditions, technical specifications and the other special tender conditions are indicated in Section

D.

Section E provides necessary Tender Forms for Tenderers to prepare their offer for the Tender for

implementation of the Project.

Section F contains IRWO’s General Conditions of Contract (those which have not already been provided as

part of Section D).

The Tenderers are advised to submit their Offers within the stipulated date and time complying with the

requirements stipulated in all the sections of this tender document. Tenders are liable to be disqualified in

case they are incomplete or non-responsive, and if the information is not submitted as per the prescribed

Tender Forms.

Section A Tender Notice

Section B Draft Agreement

Section C Instructions to the Tenderers

Section D Details of the Work, Eligibility, Technical Specifications &

Special Conditions

Section E Tender Forms

Section F IRWO’s General Conditions of Contract



TABLE OF CONTENTS

Section Item Page Number

A Notice Inviting Tender 9

B Draft Agreement 11

C Instructions to the Tenderers

Purchase of Tender Documents 14

Earnest Money & Security Deposit 14

Submission of Tender Documents 15

Opening of Tender 16

Validity of the offer 17

Rejection of tenders 17

Cost of preparation of tender 17

Language of Tender 17

Tender Format and Signing of Tender 18

Confidentiality 18

Pre-bid meeting 18

Annexure C1 19

D Details of the Work, Eligibility, Technical

Specifications & Special Conditions

Introduction 21

Name of the Work 21

Eligibility Criteria 21

Consortium 22

Number & Type of Dwelling Units 23

Scope of Work 23

Details of Dwelling Units to be Constructed 24

Definition of Super Built-Up Area (SBA) 24

Sample Flats 25

Car Parking Spaces 25

Guarantee for Handing Over Possession of

Dwelling Units

26

Specifications 26

Community Centre / Club House and

Commercial Area

26

Period of Completion 27

The Price Bid 27

Technical Bid Details 28

Financial / Price Bid Details 29

Payment Terms 29

Annexure D1 34

Annexure D2 35

E Tender Forms

Instructions 39

Documents to be submitted as part of the 39



Tender

Covering Letter of Tender – Tender Form E1 40

General Information about the Tenderer –

Tender Form E2

42

Joint Tendering Agreement – Tender Form E3 43

Tender Format of Power of Attorney for

Appointing the Lead Member – Tender

Form E4

44

Power of Attorney in favour of Authorised

Signatory of Tender documents - Tender Form

E5

48

Tenderer’s Technical Proposal – Tender Form E6 50

Information for Technical Bid – Tender Form E7 51

Affidavit - Tender Form E7A 54

Price / Financial Bid – Tender Form E8 55

F IRWO’s General Conditions of Contract

General Obligations 56

Execution of Works 60

Certificates & Payments 68

Labour 74

Determination of Contract 76

Settlement of Disputes 79



Section A

NOTICE INVITING TENDER

Tender No. Name of Work Approximate

Value of the

Work

Earnest

Money

Period of

Completion

IRWO/Tender/Turnkey/Noida

Extension/2012-13/1

Construction of Multi-

storeyed Flats, including

transfer of land, on Turn-key

basis at Noida Extension

(Greater Noida).

Rs 115

crores

Rs. 50

lakhs

42 Months

Managing Director, Indian Railway Welfare Organisation (IRWO), Railway Office Complex, Shivaji Bridge,

Behind Shankar Market, New Delhi-110001 invites offers for the said Tender in Two-packet format for

Turnkey Housing Project for provision of about 400 dwelling units of various types in Sectors 1,2,3,4, 16, 16-

B, 16-C & Technical Zone IV of Noida Extension (Greater Noida). The offer should include transfer of clear

and marketable title of unencumbered land by the Tenderer to IRWO on which the housing complex would

be constructed.

Prospective Tenderers who fulfill the following eligibility criteria may obtain Tender documents from IRWO’s

above address at New Delhi after 23rd July 2012 and up to 27th

September 2012 on the payment of Rs.

10,000/- by a Demand Draft or Banker’s Cheque (or Rs. 10,500/- by post) in favour of Indian Railway Welfare

Organisation, payable at Delhi. IRWO takes no responsibility for any delay / loss of documents or

correspondence sent by courier or post.

Tender Document may also be downloaded from IRWO’s website at http://www.irwo.in/

1) The Sole Tenderer or one of the members of the Consortium should be in possession of a clear and

marketable title of the land. Further, the said land should be free from any encumbrances

(litigations, disputes, mortgage etc). The said land should be duly allotted by Greater Noida

Industrial Development Authority (GNIDA), for group housing and it should be duly transferable to

IRWO, as per GNIDA’s by-laws.

2) Gross Turnover of the Sole Tenderer or the aggregate gross turnover of the members of the

Consortium for the last four consecutive financial years ending 31st

March, 2011 from building works

should be at least Rs. 115 Crores. Turnover from such works in the preceding one financial year

ending 31st

March, 2011 should not be less than Rs.29 Crores.

3) The Sole Tenderer or the Lead Member, in case of Consortium, should have either successfully

completed at least one work of Group Housing (with multi-storeyed buildings) of value of Rs. 115

Crores or more, or should have completed at least two works of the value of Rs. 58 Crores or more

each during the last four consecutive years.

A pre-bid meeting will be held on 30th

August 2012 at 11.30 hrs in IRWO’s office to clarify any points that the

prospective Tenderers may have regarding the Tender.



Offers should be strictly in accordance with the tender specifications & General Instructions to the Tenderer

(s) enclosed herewith. The duly completed Tender Document along with Earnest Money amounting to Rs.

50 lakhs in the form of a Account Payee Demand Draft or Banker’s Cheque drawn in favour of ‘Indian

Railway Welfare Organisation’ payable at Delhi (and Tender Document Fee of Rs. 10,000/- in case of

Tenderers who download the Document from the website), should reach the Managing Director at the

above address at New Delhi by 15.00 hours on 28th

September 2012. Packet-1 shall be opened on the same

day at 15.30 hours.

Offers with deviations from terms and conditions of this tender are likely to be rejected.

IRWO reserves the right to accept or reject any of the bid / all bids with or without deviation or cancel /

withdraw the invitation for bid without assigning any reason whatsoever and in such case no Tenderer(s)

shall have any claim arising out of such action by IRWO.



SECTION B

DRAFT AGREEMENT

Articles of Agreement (“Agreement”) made on this day ............. of.............. 2012 between,

Indian Railway Welfare Organisation, a society registered under the Societies Registration Act XXI of 1860

and having its registered office at Railway Office Complex, Behind Shankar Market, New Delhi - 110 001

(hereinafter referred to as "IRWO" which expression shall unless it be repugnant to the context or meaning

thereof, be deemed to mean and include its successor in office, executor, administrator, assignees) of the

one part;

and

M/s .................................... having its office at .......................................... herein after referred to as the

"Developer", which expression shall unless it be repugnant to the context or meaning thereof, be deemed to

mean include his heir, executor, administrator and assignees) of the other part.

IRWO and Developer are hereinafter individually referred to as “Party” and collectively as “Parties”.

WHEREAS

A. IRWO is desirous of Construction of multi-storeyed flats, including transfer of land for the

construction of the said flats, on Turn-key basis at Noida Extension (Greater Noida) for Indian

Railway Welfare Organisation.

B. The Developer has been furnished the Specifications duly prepared by the IRWO, describing the

works to be done. on the basis of the notice inviting tenders, instructions to Tenderers, general and

special conditions of contract, technical specifications have been signed by or agreed to be executed

upon and subject to the conditions set-forth herein (hereinafter referred to as “the said Conditions”)

and the Special Conditions and specifications of the work described in the said specifications and

included in the Schedule of Rates at rates therein set forth amounting to the sum of Rs.

................................ (Rupees ........................................ only) hereinafter referred to as " Contract

Amount" and more specifically detailed out in Section D, below.

And whereas the Developer has deposited with the IRWO the sum of Rs. 50 lakhs (Rupees Fifty Lakhs only)

as the earnest money which shall become part of the security deposit to be retained until the expiry of the

defects liability period for the due observance and performance of this contract.

And whereas the Developer has furnished a Bank Guarantee bearing no.[●] dated [●] for a sum of Rs. [●]

executed by [●] in favour of IRWO towards Security Deposit valid upto [●]

And whereas the Developer hereby agrees to extend the validity of the Bank Guarantee for such further

period or periods as may be required by IRWO and if the Developer fails to obtain such extension(s) from the

Bank, the Developer, shall pay forthwith or accept recovery of Rs. [●] from the bills in one installment and

the Developer further agrees that failure to extend the validity of the Bank Guarantee or failure to pay the



aforesaid amount in the manner specified above shall constitute breach of contract. In addition to above,

IRWO shall be entitled to take such action as deemed fit and proper for recovering the said sum of Rs. [●].

(Above provisions relating to Bank Guarantee to be incorporated only if Security Deposit is furnished in the

form of a Bank Guarantee before the execution of the Agreement: Ref. Para 3.6 of Section C of this

document)

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED AS FOLLOWS;

1. In consideration of the said Contract Amount to be paid at different period of time and in the

manner set forth in the said Conditions, the Developer shall, upon and subject to the said Conditions

execute and complete the work described as per the said specifications and / or the schedule of

rates and other conditions and within Forty Two (42) months of the date of the commencement of

the work which shall be no later than [insert date]

2. The commencement of work will be taken as the date of issue of the letter of acceptance / order for

award of the contract.

3. The Developer clearly understands that time is of the essence of the contract, and penalty will be

imposed for delay in execution of the work, as per terms of the contract, in addition to

compensation for delay in handing over the dwelling units.

4. The IRWO shall pay to the Developer the said Contract Amount or such other sum as shall become

payable at the times as hereinafter specified in the said Conditions.

5. Whenever under this contract or otherwise, any sum of money shall be recoverable from or payable

by the Developer, the same may be deducted in the manner as set out in the General Conditions of

Contract or other conditions governing this Agreement.

6. All charges on account of Octroi, Terminal and other taxes including sales tax or other duties on

material obtained for execution of the said works shall be borne and paid by the Developer

7. The following document (s) shall be deemed to form and be read and construed as part of the

Agreement along-with the amendments, negotiated and confirmed in various subsequent letters

exchanged as mentioned hereinafter :

i) Notice Inviting Tender;

ii) Instructions to Tenderers;

iii) Details of the Work, Eligibility, Technical Specifications & Special Conditions;

iv) Tender Forms;

v) General Conditions of Contract;

vi) IRWO’s letter IRWO /NO……. dated ………..2012 to the Developer for award of the contract;

vii) Developer’s letter No. ------------------ dated …………. to IRWO in acceptance of the award of

contract.

8. Parties hereto shall respectively abide by submitting themselves to the Conditions and comply with

the performance of the said Agreement on their part respectively in such Conditions stated in the

Tender Document.



IN WITNESS WHEREOF, the Parties hereto have signed this agreement on the date and place first written

above.

1. SIGNED BY THE SAID 2. SIGNED BY THE SAID

IRWO (First Party)

Indian Railway Welfare Organisation

DEVELOPER (Second Party)

In the presence of

Name

In the presence of

Name

Address Address



SECTION C

INSTRUCTIONS TO THE TENDERERS

INDIAN RAILWAY WELFARE ORGANIZATION (IRWO), invites Tenders from real estate Developers (hereinafter

referred to as the “Tenderer”) for:

“Construction of Multistoried Flats, including transfer of land, on Turnkey basis at Noida Extension

(Greater Noida)”

2. Purchase of Tender Documents.

2.1. The Tender document can be purchased from the registered office of IRWO at Railway Office

Complex, Behind Shankar Market, New Delhi - 110 001 from 23rd July 2012 to 27th

September 2012,

between 11 am and 4 pm on any working day (Monday to Friday, excluding Gazetted holidays) on

payment of Rs. 10,000/- (Rupees Ten Thousand only) through non-refundable demand draft /

banker’s cheque in favour of “Indian Railway Welfare Organization”, payable at New Delhi.

Tenderers who download the Tender document from the IRWO website (http://www.irwo.in/) must

submit a Tender Document Fee of the same amount in the form of a non-refundable demand draft/

banker’s cheque along with their Tender. Tender document can also be obtained by post by sending

Rs 10,500/- through non-refundable demand draft/banker’s cheque in favour of “Indian Railway

Welfare Organization”, payable at New Delhi to IRWO’s registered office.

3. Earnest Money and Security Deposit

3.1. The Tenderer is required to deposit Rs 50 lakhs (Rupees Fifty Lakhs Only) as earnest money (the

“Earnest Money”) in the form of Demand Draft / Bankers’ Cheque of any Nationalized Bank payable

at Delhi/New Delhi in favour of Indian Railway Welfare Organisation. The Tender which is not

accompanied with Earnest Money shall be summarily rejected. The Earnest Money of unsuccessful

Tenderer(s) will be refunded to the Tenderer (s) within 60 (sixty) days from the date of

acceptance/finalization of the Tender without any interest/Bank commission/Collection charges.

3.2. It shall be understood that the Tender documents have been sold/issued to the Tenderer. The

Tenderer is permitted to bid in consideration of stipulation on his part that after submitting his

Tender he will not resile from his offer or modify the terms and conditions, thereof in a manner not

acceptable to IRWO. Should the Tenderer fail to observe or comply with the said stipulation, the

aforesaid amount shall be forfeited.

3.3. Earnest money of the successful Tenderer shall also be forfeited in the event of refusal or delay on

his part in signing the Agreement within 15 days of the receipt of letter of award of the contract or

refusal to start the work on instructions from IRWO.

3.4. The Earnest Money deposited by the successful Tenderer with his Tender shall be retained by IRWO

as part of Security Deposit (which will be equal to 5% of the value of contract excluding the cost of

land) under this Agreement towards ensuring the due and faithful fulfilment of the contract. The

Security Deposit shall be recovered from stage-wise payment bills at the rate of 10% of the gross bill

amount to the extent of total security deposit to be deducted minus the amount of earnest money



deposited (Rs. Fifty lakhs). IRWO shall withhold the said Security Deposit for a period of one year

after completion and handing over of the dwelling units to the allottees (the “Defect Liability

Period”). After the expiry of the Defect Liability Period the said Security Deposit shall be refunded

without interest or fees to the Developer. Under no circumstances shall any interest be payable

upon the Earnest Money and/or the Security Deposit or any other amounts payable to the

Developer under the Contract.

3.5. After the work is physically completed, Security Deposit recovered from the stage-wise payment bills

of the Developer can be returned to him if he so desires, in lieu of an irrevocable Bank Guarantee for

equivalent amount to be submitted by him, in a format advised by IRWO.

3.6. If the successful Tenderer so desires, the full amount of Security Deposit i.e. 5% of the value of

contract excluding the cost of land (minus the amount of Rs. 50 lakhs pertaining to Earnest Money

which will be retained as part of security deposit) can be furnished in the form of an unconditional

and irrevocable Bank Guarantee issued by a Nationalised bank, or Scheduled bank in India having a

net-worth of at least Rs. 1,000 crores, in favour of Indian Railway Welfare Organization and having

a validity period of up to three months beyond the Defect Liability Period. This Bank Guarantee

shall be given by the selected tenderer before execution of the Agreement. For the avoidance of

doubt, Scheduled Bank shall mean a bank as defined under Section 2(e) of the Reserve Bank of

India Act, 1934. In case the progress of work is delayed as compared to the agreed program, the

bank guarantee for security deposit shall have to be suitably extended by the Developer.

3.7. Provided that no liabilities shall arise from the said Security Deposit. The Security Deposit shall be

payable to the Developer only after all the stipulations under this Agreement or any other

conditions, if any, have been fulfilled by the Developer. The Security Deposit shall be payable after

all the claims and demands made by the IRWO for and in respect of damages or loss caused by firm

or in consequences of the works have been finally satisfied, but excluding the claims made by the

Developer on the IRWO.

3.8. Security Deposit shall be liable to be forfeited by the IRWO in the event of breach of contract on the

part of the Developer under this Agreement or any other documents, without prejudice to other

rights and remedies.

4. Submission of Tender Documents1

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

a) For Tenderers who have downloaded the Tender document from the IRWO website, the

outer envelope shall contain the covering letter (format at Tender Form E1), the checklist

(see Clause 4.2 below) and the Tender Document Fee in addition to the Earnest Money.

Packet-1 will contain the Technical Bid in the prescribed Tender formats. Packet-2 shall

contain, only the Financial / Price Bid in the prescribed Tender format as indicated in this

Tender document.

b) Tenderers who have purchased the Tender document from IRWO’s office are not required

to repay the Tender Document Fee and can submit the Tender in the manner stated above

without the Tender Document Fee.

1 To be read along with Clause 14 of Section D



4.2. The documents/enclosures in Packet-1 shall be submitted together in bound form, with all the pages

numbered serially. Demand Draft or Bank Guarantees shall not be bound directly but be placed in

plastic jackets, which are bound as part of the main booklet. Each page of the book shall be stamped

and initialled in blue ink by the authorised signatory. Along with the Covering Letter (Tender Form

E1) in the outer envelope, the Tenderer should submit a Checklist (as per format at Annexure C1

enclosed), duly signed by the Authorised Signatory and mentioning whether each document has

been submitted, its page number, total number of pages of that particular document/enclosure, and

whether each page has been initialled in blue ink by the Authorised signatory. It is clarified that the

Checklist is mandatory, and if the same is not provided, the Tender is liable to be treated as ‘non

responsive’.

4.3. Packet-1 shall be sealed and marked as “TECHNICAL BID for Construction of Multi-storeyed Flats,

including transfer of land, on Turnkey basis at Noida Extension (Greater Noida)”.

Packet-2 shall be sealed, and marked as “FINANCIAL BID for Construction of Multi-storeyed Flats,

including transfer of land, on Turnkey basis at Noida Extension (Greater Noida)”.

These two sealed packets shall be placed in an outer envelope which shall be sealed and marked as

“TENDER FOR CONSTRUCTION OF MULTISTOREYED FLATS, INCLUDING TRANSFER OF LAND, ON

TURNKEY BASIS AT NOIDA EXTENSION (GREATER NOIDA)”. Each packet and the outer envelope

must bear the Tenderer’s name and address.

4.4. The Tender documents must be delivered to the office of

Managing Director,

Indian Railway Welfare Organization (IRWO),

Railway Office Complex, Behind Shankar Market,


Tel: (011) 23413627

Telefax : (011) 23411173.

on or before 15.00 hours Indian Standard Time on 28th

September 2012.

4.5. If the Tender is not delivered on or before 15.00 hours IST of 28th

September 2012 as provided in

Clause 4.4 above, the same shall be declared late and shall not be accepted. IRWO shall not accept

any loss or delay in transit as an excuse for delayed/late tender.

5. Opening of Tender

5.1. The sealed outer envelope containing Packet-1 and Packet-2 shall be opened at the office of the

Managing Director, IRWO, Railway Complex, Shivaji Bridge (Behind Shankar Market) New Delhi-

110001 at 15.30 hours on 28th

September 2012.

5.2. Sealed Envelope marked Packet-1 (Technical Bid) shall be opened first and if the full specified

Earnest Money deposit is not found as prescribed or the required Tender Document Fee (for those

who download the document from IRWO’s website) is not found or any of the conditions mentioned

in Para 3.1 of Section D is not fulfilled, the Tender shall be summarily rejected. The technical data

and other information of the Tender shall be evaluated by IRWO and if required these may be

discussed with the Tenderers and the technically acceptable Tenders shall be short listed. Decision

of IRWO in this regard shall be final and no correspondence will be entertained in this regard.



5.3. Earnest Money is to be deposited by all Tenderers. There is no exemption for the Tenderers who are

enlisted with any Government Organization like MES, CPWD, Railways, Small Scale Industries, etc.

5.4. Envelope marked “Packet- 2 (Financial Bid)” containing the price bid shall be kept unopened in safe

custody by IRWO at the time of opening of the Tender. The “Packet-2 (Financial Bid)” of short-listed

Tenderers shall be opened on the date and time which will be intimated to the Tenderers.

6. Validity of the offer

6.1. The Tender offer shall remain valid for a period of 120 days from the date of opening of the Tender.

If the Tenderer after submitting the Tender, resiles from his offer or modifies the terms and

conditions thereof in a manner not acceptable to IRWO, the Earnest Money Amount shall stand

forfeited.

7. Rejection of Tenders

7.1. The Indian Railway Welfare Organisation does not bind itself to the lowest or any Tender and

reserves to itself the right to accept or reject any or all the Tenders either in whole or part without

assigning any reasons for doing so or without incurring any liability to the affected Tenderer(s).

IRWO can bifurcate the work seeing the feasibility of execution/ early completion of the project.

7.2. The Tenderer is expected to read carefully all instructions, Tender Forms, terms and conditions in

the Tender document. Failure to furnish all information required by the Tender or to fill up all

Tender forms or submission of a Tender not substantially responsive to the Tender documents in

every respect will be at the Tenderer’s risk and may result in the rejection of his Tender.

7.3. Tenders containing conditions are liable to be rejected.

7.4. Tenders containing any conditions leading to unknown / indefinite liabilities are also liable to be

rejected.

8. Cost of preparation of Tender

8.1. The Tenderer shall bear all costs associated with the preparation and submission of its Tender, and

IRWO will in no case be responsible or liable for those costs, regardless of the conduct or outcome

of the tendering process.

9. Language of Tender

9.1. The Tender, as well as all correspondence and documents relating to the Tender exchanged by the

Tenderer and IRWO shall be written in English language. Any printed literature furnished by the

Tenderer written in any other language must be accompanied by a translation in the English

language duly authenticated by the Tenderer, in which case, for purposes of interpretation of the

Tender, the translation shall govern.



10. Tender Format and Signing of Tender

10.1. The contents of the Tender shall be typed or written in indelible ink and shall be signed by the

Tenderer or a person or persons duly authorized to bind the Tenderer to the contract. The

Authorised Signatory shall initial all pages of the Tender Document.

10.2. The Tenderer shall submit a General Power of Attorney (GPA) issued by a Resolution passed by the

Board of Directors of the Tenderer (or Lead Member in case of a Consortium) duly authenticated by

affixing a Company Seal and further duly notarised, in favour of the Authorised Signatory of the

Tender indicating that the specified person has the authority to sign the Tender, and confirming that

the Tender is binding upon the Tenderer during the full period of its validity. The Tender format of

the GPA is enclosed at Tender Form E5. In case of a Consortium, a Power of Attorney must be

submitted in Tender Form E4, authorizing the Lead Member to act on behalf of other members of

the Consortium.

10.3. Any interlineations / corrections shall only be valid if the Authorised Signatory initials them.

10.4. IRWO may, at its discretion, extend the deadline for submission of Tenders by amending the Tender

documents, in which case all rights and obligations of IRWO and Tenderers will thereafter be subject

to the revised deadline as extended.

11. Confidentiality

11.1. Information relating to the examination, clarification, evaluation and recommendation for the

Tenderers shall not be disclosed to any person who is not officially concerned with the process or is

not a retained professional advisor advising IRWO in relation to, or matters arising out of, or

concerning the Tender. IRWO will treat all information, submitted as part of the Tender, in

confidence and will require all those who have access to such material to treat the same in

confidence. IRWO may not divulge any such information unless it is directed to do so by any

statutory entity that has the power under law to require its disclosure or is to enforce or assert any

right or privilege of the statutory entity and/or IRWO.

12. Pre-bid meeting

12.1. It is proposed to hold a pre-bid conference with the intending Tenderers on Thursday, 30th

August

2012. at 11:30 hours in IRWO’s office to clarify any points that the intending Tenderers may have

regarding the Tender. Tenderers who require any clarifications are requested to send their queries

before 17th

August 2012 (16.00 Hrs) either through post or through email (at [email protected]

and [email protected]).

13. Interested Tenderers may obtain further information from the office of:

General Manager (General),





Tel: (011) 23413627, Telefax : (011) 23411173. Email: [email protected] and [email protected].



Annexure C1

CHECKLIST

Requirement as per Clause 4.2 of Section C (in Packet-

1)

Complied with (Yes / No)

- Document bound

- All the pages numbered serially

- Each page of the book duly stamped and

initialled in blue ink by the authorized signatory

- All corrections/interlineations initialled in blue

ink by the authorised signatory

Sl. No. Document / enclosure for

Submission

Document

Submitted

(Yes / No / Not

Applicable)

Page Nos (__

to __)

Total No

of Pages

Outer Envelope (To be sealed after putting in following documents as well as Packet-1 & Packet-2)

1 Covering Letter as per the prescribed

format in Tender Form E1;

2 Tender Document Fee (in case Tender

documents are downloaded from IRWO

website) in the form of Demand Draft /

Banker’s Cheque (DD/BC to be put in

plastic jacket which should be bound as

part of main booklet)

3 Earnest Money in the form of Demand

Draft /

Bankers’ Cheque (DD/BC to be put in

plastic jacket which should be bound as

part of main booklet)

4 This Check List

Total number

of pages

Packet-1- Technical Bid ( To be sealed after putting in following documents)

1 General Information about the Tenderer

(as per Tender Form E2) with Company

profile, Memorandum and Articles of

Association, etc.

2 Joint Tendering Agreement (applicable if

the Tender is submitted by a Consortium

of Firms) (as per Tender Form E3)

3 Power of Attorney for appointing

Lead Member duly attested by notary

public (applicable for a Consortium)


4 Power of Attorney in favour of the

Authorised signatory of Tender



documents duly attested by notary

public (as per Tender Form E5)

5 Technical Proposal of the Tenderer (as

per Tender Form E6)

6 Information for Technical Bid (as per

Tender Form E7) including supporting

Details

7 Affidavit, duly attested by notary public

(as per Tender Form E7A)

8 The original Tender document issued to

the Tenderer (or the full

Tender Document downloaded from

IRWO website), duly stamped and

initialled on all pages by the Authorised

Signatory as a token of acceptance,

except the

Form of Price/Financial Bid.

Total number

of Pages

Packet-2 – Financial / Price Bid (To be sealed after putting in following documents)

1 Financial / Price Bid (as per Tender Form

E8)

Total number

of Pages

Date:

Place:

Company Seal of the Bidder/ (Signature of the Authorised Signatory)

Lead Member of the Consortium (Name and designation)



SECTION D

DETAILS OF THE WORK, ELIGIBILITY, TECHNICAL SPECIFICATIONS & SPECIAL CONDITIONS

1. Introduction

1. 1. Indian Railway Welfare Organization (IRWO) is a no-profit no-loss society registered under the

Societies Registration Act XXI of 1860 with its headquarters in Delhi. It works under the patronage of

Ministry of Railways. Member Staff, Railway Board, is the ex-officio Chairman of the organization.

President and Secretary of all recognized staff unions in the Railways, as well as the service

associations are members of the Governing Body. The primary objective of IRWO is to construct

houses for serving and retired railway employees on no-loss no-profit basis. The eligible persons,

before applying for a particular housing scheme, have to become members of IRWO. The present

membership of IRWO is about 75,000. So far IRWO has constructed about 8000 dwelling units all

over India. Another 2000 dwelling units are under construction.

2. Name of the Work

2.1. Construction of Multistoried Flats on Turnkey basis at Noida Extension (Greater Noida) to provide

about 400 dwelling units, consisting of transfer of clear, marketable title of unencumbered land,

with community centre, garages/car parking and ancillary buildings including all internal and

external civil, electrical, plumbing, water-supply, drainage, sewerage and sewage treatment plant

including facilities for recycling of treated effluent for lawn watering , gardening, etc., road works,

horticulture, landscaping, pavements, fire-fighting works, overhead and underground water tanks,

deep tube-wells, including installation and commissioning of passenger lifts, water pumps, diesel

generating sets, electric substation and transformers, external electrification and lightning arrestors,

compliance to green building regulations including energy saving features/solar energy features as

laid down by the plan sanctioning authorities, etc. duly complete in all respects as per GNIDA’s by-

laws, including mandatory provision, if any, for earmarking of land / construction of housing for

Economically Weaker Sections (EWS) of society, and including handing over the dwelling units to

allottees through IRWO.

3. Eligibility Criteria

3. 1. The prospective Developer / Builder or the members of the Consortium (see note below) must fulfill

the following minimum conditions to be eligible to apply: -

i) The Sole Tenderer or one of the members of the Consortium should be in possession of a clear

and marketable title of the land. Further, the said land should be free from any encumbrances

(litigations, disputes, mortgage etc). The said land should be duly allotted by Greater Noida

Industrial Development Authority (GNIDA), for group housing within Sectors 1,2,3,4,16,16-B, 16-C

& Technical Zone IV of Noida Extension (Greater Noida), as marked in the plan of Noida

Extension area attached at ANNEXURE-D1 and it should be duly transferable to IRWO, as per

GNIDA’s by-laws.

Authenticated copies of Allotment letter, Possession letter, Conveyance/Lease deed and Bye-

laws/Lease terms of GNIDA dealing with allotment and transfer of land are required to be



submitted with the offer as documentary evidence. The Tenderer would also have to specifically

certify in Tender Form E7 that the plot of land offered is not involved in any litigation, disputes,

mortgage etc. In support, the Tenderer should attach an affidavit in Tender Form E7A, along

with the prescribed certificates from the Tehsildar and the GNIDA.

ii) Gross Turnover of the Sole Tenderer or the aggregate gross turnover of the members of the

Consortium for the last four consecutive financial years ending 31st

March, 2011 from building works

should be at least Rs. 115 Crores. Turnover from such works in the preceding one financial year

ending 31st

March, 2011 should not be less than Rs. 29 Crores.

Authenticated Copies of audited accounts (Balance Sheet and Profit & Loss Account) for the last four

consecutive years ending 31st

March, 2011 duly certified by the Statutory Auditors, are required to

be submitted with the offer as documentary evidence of the turnover.

iii) The Sole Tenderer or the Lead Member, in case of consortium, should have either successfully

completed at least one work of Group Housing (with multi-storeyed buildings) of value of Rs. 115

Crores or more, or should have completed at least two works of the value of Rs. 58 Crores or more

each during the last four consecutive years.

Authenticated copies of completion / provisional completion certificate from the concerned local / state

government authority are required to be submitted with the offer as documentary evidence.

Note : However, for consortia, in the cases mentioned above, each member whose technical experience is to

be considered should hold minimum 26% equity in the consortium/SPV, and this stake of the said

member cannot be diluted till the period of one year after the defect liability period is over. The

Lead Member shall individually and compulsorily hold at least 51% equity stake in the SPV for a

period of up to at least one year after the defect liability period.

3.2. Consortium

3.2.1. Applications submitted by a Consortium must comply with following requirements:

i) The number of Consortium members shall not exceed three.

ii) The Consortium shall furnish a Joint Tendering Agreement on non-judicial Stamp Paper of value

of minimum Rs. 100/- as per the Tender Form E3 provided in this Tender document, which shall

be legally binding on all the members of the said Consortium. The Joint Tendering Agreement

for the Consortium shall state the responsibility regarding the provision of plot of land and

technical and financial arrangements, in respect of each member in the Consortium. The Joint

Tendering Agreement should be valid for a minimum period of 180 days from the date of

submission of the Tender.

iii) One of the members of the Consortium shall be nominated as the Lead Member to act on behalf

of the other members as their representative for tendering and implementation of the project.

This authorisation shall be evidenced by submitting a Power of Attorney signed by legally

authorized signatories of all members as per Tender Form E4 provided in this Tender document.



iv) The Tender form as well as the Earnest Money Deposit shall be submitted in the name of the

Lead Member.

v) In case the Tender is awarded to the Consortium, for the purpose of execution of award of the

Tender, the Parties will set up a Special Purpose Vehicle (“SPV”), the common equity

shareholding pattern of which shall be mentioned in the Joint Tendering Agreement. The Lead

Member shall individually and compulsorily and at all times hold at least 51% equity stake in the

SPV for a period of up to at least one year after defect liability period. Each member whose

technical experience is to be considered should and at all times hold minimum 26% equity in the

consortium/SPV, and this stake of the said member cannot be diluted till the period of one year

after the defect liability period is over. In case of an SPV with a foreign member, the lead

member should be an Indian firm with a minimum share of 51%.

vi) Change of the members of the consortium would not be allowed under any circumstance,

except when modification becomes inevitable due to succession laws etc. Under no

circumstances should the minimum eligibility criteria get vitiated. In such a case, the Lead

Member should continue to be Lead Member of the SPV. Same principle would be followed

even after award of the contract.

vii) A firm can be a member in only one Consortium applying for the Contract; if a firm participates

in more than one application/bid either individually or as a member of a Consortium, all

applications/bids of which it is a part would be summarily rejected.

viii) All members of the Consortium shall however, be liable jointly and severally, for the execution

of the project in accordance with the terms of the Agreement. Any liability arising out of the

Contract shall not be on pro-rata basis of shareholding in the consortium.

4. Number and Type of Dwelling Units

IRWO proposes to award the work for about 400 dwelling units of four types in multi-storeyed

towers with lifts and all external works complete in a separately identified plot of land with

boundary wall and gate(s) with security hut(s)/ security provisions and adequate open areas around

the towers. This offer can also be a part of one of the larger projects/schemes undertaken by the

Tenderer, for example a township project. However, at the time of submitting the Tender document

it must be expressly mentioned by the Sole Tenderer / Consortium and its members along with all

relevant supporting documentation as to how the IRWO housing project would be included to be

part of an existing township project, if applicable.

5. Scope of work

IRWO propose to award the project on ‘Turnkey Basis’. The scope of the work shall mainly consist of :

i. Transfer of clear and unencumbered title of land to IRWO.

ii. Construction of multi-storeyed dwelling units, parking spaces in basements/stilts/open, community

centre, commercial area and ancillary service buildings including all internal and external civil, electrical,

plumbing, water supply, drainage and sewerage works duly connected to the general drainage and sewerage

system of the local authority, sewage treatment plant with proper disposal of effluent for recycling, road

works, horticulture, landscaping, rain water harvesting, pavement works, fire fighting works, under ground



and overhead water tanks with adequate water supply connection from the local authority, deep tube wells,

supply, installation and commissioning of passenger lifts, water pumps, diesel generating sets, electric sub-

stations and transformers, external electrification, lightning arrestors, other safety devices, compliance to

green-building regulations including energy saving features / solar energy features as laid down by the plan

sanctioning Authorities, etc. duly complete in all respects, including handing over of the dwelling units to

allottees through IRWO. Any mandatory requirements for provision of housing or earmarking a portion of

land for Economically Weaker Sections (EWS) of society should also be catered for. All the work shall be

done under the direct supervision of IRWO.

iii. Conducting Soil Investigation to determine Safe Bearing Capacity of the soil on which design of

Foundation will be based.

iv. Preparation of all architectural and structural drawings. These shall be as per requirements of IRWO.

All structural design calculations/ drawings shall be approved by Proof Consultants appointed by IRWO

before execution. Fee of the structural/proof consultants appointed by IRWO will be borne by IRWO.

v. The structural and safety requirements laid down by B.I.S in various Codes and Specifications shall be

complied with, particularly with respect to earthquake resistant features and stability requirements.

vi. Obtaining approval of building drawings by the state/ local authorities and all requisite sanctions,

clearances and No Objection Certificates (NOCs) e.g, environment including pollution control, fire fighting

authority, underground water authority, airport authority, Conservator of forest, etc. as required for

execution of work.

vii. Obtaining completion/occupancy certificate on completion of work from the concerned authority.

6. Details of Dwelling Units to be constructed along with relevant layout plans and construction materials

to be used

6.1. The tentative accommodation needed with super built-up area (SBA) is given below:

S.No. Type of DU Approx.

SBA

(sqm/sft )

Maximum

Balcony

Area

(sqm /sft)

Maximum

Common

Areas

(sqm /sft)

No. of

dwelling

units

1. II - 2 BHK 79/850 7/75 13/140 150

2. III – 3 BHK 102/1100 10/108 17/180 150

3. IV – 4 BHK 130/1400 12/129 21/225 75

4. IVA - 4 BHK 177/1900 15/161 28/300 25

6.1.1. Definition of Super Built-up Area (SBA) :

SBA shall mean the Plinth area as per IS-3861 (plus common areas in the community centre and commercial

complex/shops) with following clarifications/ modifications :

(i) Balcony/Verandah covered area shall be limited to the areas as indicated in the table under para 6.1.

(ii) Internal shafts, common areas open to sky, shall not be included in SBA.

(iii) Overhead and under ground water tanks, staircase mumty at terrace, community centre and

commercial area, electrical sub-station, DG room, Pump room, under ground/ overhead water tanks,

guard hut(s), machine room for lifts, shafts open to sky, cantilevered junctions, pergolas, and any

such like architectural decorative and/or non-useable structures, rooms shall not be included in SBA

(rates quoted by tenderers shall be deemed to have included all such portions / parts as part of the

main work).



(iv) The area of stair-cases shall be measured once, per floor, and that of any double height space of

structure at its respective floor level. In case, the staircase is attached to or within the stilted area, it

shall be measured in stiled area head.

(v) Super Built-up Area of garages in the basement, extended basement, stilt floor and podium shall not

be added to the SBA of dwelling unit.

(vi) All areas shall be measured only once.

(vii) The term Super Built-up Area (SBA) is the total chargeable area of flats including balcony and

common areas within the above limits of balcony and common areas. Only 3% differences in the SBA

of each type of flat would be permitted in the offer, and maximum permissible area of balcony as

well as common areas would be adjusted proportionately. Any extra area provided in the balconies

and common areas over and above the proportion shown in the table in para 6.1, shall not be

payable.

6.2. Type II and III dwelling units can be provided in the same tower, while type IV and IVA dwelling units

can be provided in the same tower. Except for this, other types of dwelling units shall not be

combined in the same tower.

6.3. Detailed lay out plans of each of the four types of dwelling units and over all layout plan showing all

the towers with the layout of flats in each Block along with community centre, green areas, etc.

shall be attached with the offer in Packet-1. Calculations of SBA showing carpet area, area under

walls, balcony area and common area for each type of flat shall also be furnished by the Tenderer in

Packet-1. Please also see Note under Para 14.1 below.

7. Sample Flats

8.1 The Developer shall execute a Sample flat (one of each Type as per the table in Clause 6 above)

completing all items of works and services such as walls, floors, roof, plastering, joinery including

fittings, sanitary fittings, plumbing, electrification, painting, entire kitchen and bathroom fittings,

doors, windows, wood works and pelmets etc. in all respects. The brands of various materials used

as well as finishes will be approved by the IRWO. These will be guiding samples for future execution

of the rest of the flats/dwelling Units. These sample flats will be completed within twelve months

after award of contract failing which a penalty of Rs 1,000/- per day will be levied.

8. Car Parking Spaces

8.1 Covered car parking spaces in basements / stilts/open areas of the buildings shall be constructed

adequately so that at least one covered parking space is available per flat subject to the provisions of the

sanctioning authority, if more stringent.

8.2. Open car parking spaces shall be provided on surface in as many numbers as possible to provide to

the allottees on demand.

8.3 Car parking spaces provided shall have minimum parking size of 5 meter X 2.5 meter, and all

earmarked parking spaces shall have proper vehicle Driveways to enter/exit the parking areas as specified in

the National Building Code (NBC). Stilted/ Basememt parking /Covered Garages shall be planned in a manner

to conveniently accommodate car parking, taking into account adequate turning radius for cars.



9. Guarantee for handing over the possession of the dwelling units

9.1 A Performance Guarantee in the form of an unconditional and irrevocable Bank Guarantee issued by

a Nationalised bank, or Scheduled bank in India having a net-worth of at least Rs. 1,000 crores, in favour of

Indian Railway Welfare Organization and having a validity period of up to three months beyond the date of

completion and handing over of the flats to the allottees shall be furnished by the successful Tenderer. This

Guarantee shall be equivalent to 5% of the total cost of the work excluding cost of land (Cost of land will be

taken as 20% of the value of Contract, as per Clause 15.3). This Bank Guarantee shall be given by the

selected tenderer before execution of the Agreement. For the avoidance of doubt, Scheduled Bank shall

mean a bank as defined under Section 2(e) of the Reserve Bank of India Act, 1934. In case the progress of

work is delayed as compared to the agreed program or the contract is rescinded, the security deposit shall

be forfeited and the Performance Guarantee shall be encashed and the balance work shall be carried out by

a third party as appointed by IRWO.

9.2 As an assurance for delivery of dwelling units to the allottees booked by IRWO, proportionate

area of land, as per the FSI proposed to be constructed for IRWO, shall be transferred to IRWO as per the

procedure laid down by Greater Noida Authority for transfer and registration of conveyance deed.

9.3. A location plan demarcating the proportionate area of land as per the FSI proposed to be

constructed for IRWO shall be attached with the offer. There should be no shortfall/ excess in utilising the

permissible FSI.

10. Specifications

10.1. Technical specifications to be followed for the construction are attached at Annexure-D2. The

work as detailed in the tender shall be executed and completed in all respects in accordance with the tender

documents, Technical Specifications of C.P.W.D. and Drawings as finally approved by IRWO, to the

satisfaction of the General Manager/IRWO in charge of the project.

10.2. If any ambiguity arises to the meaning and intent of any portion of specifications or to the

execution or quality of any work or material, IRWO shall have the power to correct any errors, omissions or

discrepancies in the specifications, drawings, classification of the work or materials and IRWO’s decision in

the matter shall be final and conclusive. In case of discrepancy between schedule of rates, specifications

and/or drawings, the following order of precedence shall be observed:-

Description of items in the Schedule of Rates, if any.

Technical Specifications and Special Conditions of Contract.

C.P.W.D. Specifications.

Bureau of Indian Standards (BIS) Specifications.

General Conditions of Contract.

11. Community Centre / Club House and Commercial Area

11.1 A community centre / club house with a total built-up area of (about) 500 sqm. shall be constructed

for the exclusive use of allottees of IRWO within the demarcated area for the IRWO housing complex as per

plan approved by IRWO.



11.2 The Club House shall have all the facilities normally provided in a club like a hall for functions, kitchen,

rooms for gymnasium, indoor games and room for health unit , toilets for ladies and gents, swimming pool

of adéquate size, etc. with all attendant facilities.

11.3 A commercial area consisting of utility shops for the convenience of the allottees shall be provided as

permissible as per the rules laid down by the sanctioning authority. These shops shall not be let out/sold by

the Developer but shall be handed over for management to the Residents’ Welfare Organisation of the

allottees which will be formed by IRWO.

11.4 In the housing complex a separate toilet should be provided for service staff who will be stationed

there for maintenance work.

11.5 The cost of the Community Centre and the commercial area shall be included in the overall cost as

quoted in the Price Bid in Form E8. No additional amount is payable.

12. Period of completion

12.1 The work as detailed in the tender shall be executed and completed in all respects (including handing

over to the allottees) within a period of 42 months, in accordance with the tender documents, Technical

Specifications of C.P.W.D. and Drawings as finally approved by IRWO, to the satisfaction of the General

Manager/IRWO in charge of the project. The period of 42 months will commence from the date of issue of

letter of acceptance or award of work to the tenderer.

12.2 If there is a delay in completion of the work beyond the scheduled date of completion, compensation

per sqm of SBA per month or part thereof shall be leviable at the rate of Rs. 125 (Rupees One Hundred and

Twenty Five only) per sqm.

13. The Price Bid

13.1 Rate may be quoted per sqm of SBA of dwelling units inclusive of all preferential charges and other

charges like development charges, lease charges, taxes, etc., power back-up (1 kva for type II, 1.5 kva for

type III and 2 kva for type IV & IV-A, to be essentially provided for all flats), meter connection for back-up

power, including construction and land cost.

13.2. The cost of all items / services / amenities, (which are not separately quoted,) shall be deemed to be

included in the rates quoted and nothing extra will be paid.

13.3. Rate per sqm of SBA must be quoted for complete work at the site, including the Community Center,

Shops, mandatory EWS Housing to be provided, if any, and Parking both covered and open. The rate

quoted should be inclusive of all taxes including service tax, duties, octroi, cess etc and any other levies of

State and Central Government or any other local body/Authority. No part of such taxes on Developer’s

labour or material shall be paid by IRWO who shall not entertain any claim whatsoever in this regard.

Decision of the IRWO in this regard shall be final and binding.

13.4. Any new tax or any increase in the rate of levies/ taxes levied on the finished work introduced by

Central or Sate Government or by any local authorities after the opening of the tender, shall be reimbursed



to the Developer only on production of payment certificates from concerned authorities with authenticated

documents to the fact that the same has already been deposited by the Developer. Similarly, if there is any

additional levy due to Government legislation after the date of opening of tender the same shall be

reimbursed to the Developer on production of authenticated documentary evidence to the fact that the

same has been deposited by the Developer.

13.5. Deduction towards Income tax, Works tax or any other tax as per the applicable laws shall be made

by IRWO from the Developer’s Bills.

13.6 The rate quoted shall be firm and no escalation shall be payable. On the other hand, if there is a delay

in completion of the work beyond the date of completion, ‘compensation’ per sqm of SBA per month or

part thereof shall be payable as indicated in Clause 12.2.

13.7 There would be a Defect Liability Period of 12 months from the date of taking over possession by the

allottee, for any construction and/or installation defects and deficiencies, beyond which maintenance of the

housing complex shall be done by the Resident Welfare Association to be formed. As such, no maintenance

charges should be included in the offer.

14. As mentioned in Section C ‘Instructions to Tenderers’ the tender would be submitted in a two-packet

system.

14.1. Packet-1, ‘TECHNICAL BID’ would contain the following:

i) Memorandum and Articles of Association, Evidence of Incorporation, Partnership Deed etc of the

firm, as applicable, in Tender Form E2.

ii) Power of Attorney in favour of official signing the bid, in Tender Form E5 (and also Power of

Attorney for Lead Member in Tender Form E4, in case of a Consortium).

iii) Authenticated Copies of Audited Accounts (Balance Sheet & Profit & Loss Accounts) for the last four

financial years ending 31st March 2011 showing Annual Turn-over for the preceding four financial

years, in Tender Form E7.

iv) Experience for construction of Multi-storied Group Housing schemes showing list of Projects

executed/under execution, in Tender Form E7.

v) Existing bye- laws of GNIDA applicable to allotment and transfer of land, in Tender Form E7.

vi) Location, Dimensions and Area (in Acres) of plot of land offered, in Tender Form E7. IRWO would

only consider offers of land located in Noida Extension in the area marked on the map enclosed at

Annexure-D1. An affidavit should be enclosed in Tender Form E7A, duly notarised, stating that the

offered plot of land is not involved in any litigation, disputes, mortgage etc. Affidavit should be

accompanied with certificates from the Tehsildar and the GNIDA, in support.

vii) Authenticated copy of Allotment order for the land as issued by Land Allotting Authority (GNIDA)

along with the land plan of land allotted to the tenderer, in Tender Form E7.

viii) Authenticated copies of Sanction letter, Builder’s licence,etc along with the layout and building

plans from the building plan sanctioning authority (GNIDA), in Tender Form E6.

ix) Possession Letter and Ownership documents of the land (Lease Deed) showing clear and

unencumbered title, etc, in Tender Form E7.

x) Number of covered car parking spaces to be provided, in Tender Form E6.

xi) Number of open car parking spaces to be provided, in Tender Form E6.



xii) Detailed unit plans with carpet area, wall area, balcony area and common area worked out on the

drawings, in Tender Form E6.

xiii) Detailed layout plan of the dwelling unit complex showing all facilities, services and utilities provided

including green areas, roads, pavements, community centre, EWS Housing, if any, etc. complete, in

Tender Form E6.

xiv) A detailed plan and elevation of the Community Centre/Club House with facilities proposed to be

provided, in Tender Form E6.

Notes : a) In case there is any reduction/waival of interest by GNIDA on principal cost of the plot of land

payable to them by the Developer, and/or any reduction/waival of premium charged by GNIDA for extra

FAR beyond 2.75 after opening of the bids, the benefit thereof shall be passed on by the Developer to

IRWO.

b)The Tenderer should indicate the Ground Coverage, FAR utilized, Height of the buildings/towers

proposed and the Density provided as per the plans prepared by him at items (xii) and (xiv) above.

14.2. Packet ‘2’ – FINANCIAL / PRICE BID shall contain only the Price Bid. The rates may be quoted in the

‘Schedule of Rates’ enclosed at Tender Form E8.

14.3. IRWO will decide the award of the work as its own discretion based on the rates offered, location of

the plot offered, facilities offered, utilities available in the surrounding area, etc. as detailed in the Tender

documents duly filled by the Tenderer. IRWO’s decision in the matter shall be final and binding.

15. Payment Terms

15.1. Performance Guarantee equivalent to 5% of the value of contract excluding value of land as per para

9.1 in this Section shall be submitted by the Developer before execution of the Agreement. If the Developer

so desires, the full amount of Security Deposit i.e. 5% of the value of contract exclluding the cost of land

(minus the amount of Rs. 50 lakhs pertaining to Earnest Money which will be retained as part of security

deposit) can also be furnished in the form of a Bank Guarantee (Ref. Para 3.6 of Section C).

15.2 Thereafter, the boundary of area of land proportionate to the area proposed to be built, shall be

marked at site with barbed-wire fencing and mild steel angle posts and plan with area of the land (in Acres)

submitted to IRWO. In case there are any outstanding payments/ instalments towards cost of land payable

to GNIDA, these should be cleared and then the marked land shall be transferred and registered in favour of

IRWO. If the Developer so desires, the outstanding principal payments can be set off against the Stage II

payment and the balance paid to the Developer. However, interest liability on the principal

payments/instalments as well as penalty payments due, if any, should be cleared in full by the Developer

before the transfer of land in Stage II.

15.3 The payments shall be made by IRWO as per the following Stages :

S. No. STAGE % Break-up

for Payment Time of Completion

(Months)

1. Stage-I Advance Payment at the time of signing of the

Agreement, against an unconditional and irrevocable

Bank Guarantee issued by a Nationalised bank, or

10% of the

value of

Contract

0



Scheduled bank in India having a net-worth of at least Rs.

1,000 crores, in favour of Indian Railway Welfare

Organization and having a validity period of up to the

physical completion of the work (up to Stage-V)

2. Stage-II Transfer of unencumbered Residential Group Housing

land in favour of IRWO with all clearances from the

concerned Authorities. (Only the payment of stamp duty

and registration fee for land transfer in favour of IRWO

will be made by IRWO. All other charges, if any, shall be

borne by the Tenderer.)

10% of the

Value of

Contract

2

3. Stage-III Land survey, Soil investigation, ascertaining potability and

yield of water from deep tube wells to meet total

requirement of water for the complex, and building of

site office & Sanction of Building plans by the Local

authority/Fire authority / Electricity board, etc., including

all local / state government / central government /

concerned authorities.

5% of the

Value of

Contract

4

4.

Stage-IV Building construction of dwelling units, parking spaces,

Basements/Stilts, foundations including pile foundation

(if required), all internal water supply, overhead water

tanks, plumbing, sewerage, drainage, electrical, fire

fighting services, fixtures, fittings, supply, installation,

commissioning and testing of passenger and service lifts

etc. Complete in all respects, including obtaining

completion/occupancy/no objection certificate from

relevant concerned statutory authorities.

Note: 8% (out of 10% advance payment made in Stage-I)

would be recovered in suitable instalments from each bill

pertaining to this stage of work

68 % of the

Value of

Contract

36

5. Stage-V Filling of earth to raise the existing ground level to 2 ft.

above the highest flood level (HFL)/ adjoining highest

road level or as required under local laws, whichever is

the highest (The HFL to be taken as given by the local

Development Authority), Development of all external

services including external water supply, sewerage

including sewage treatment plant, drainage, roads and

pavement work, community center, EWS Housing, shops

and podium, external electrification, sub-stations

including transformers, deep bore holes, tube wells and

pumps, underground water tanks, external fire fighting

works, boundary wall , gates, watchman (security) huts,

landscaping, horticulture and area development,

providing and marking open car parking spaces, pump

15 % of the

Value of

Contract



rooms, sub-station building, Diesel generator room etc.

complete in all respects, including supply, installation,

commissioning and testing of equipment and also

including obtaining completion / occupancy / no

objection/ handing over certificate, as required from

relevant concerned statutory authorities.

Note: 2% (out of 10% advance payment made in Stage-I)

would be recovered in suitable instalments from each bill

pertaining to this stage of work

6. Stage-VI

Maintenance during defect liability period.

2 % of the

Value of

Contract

(including

security

deposit)

12 months

from the

date of

completion

as certified

by IRWO.

Note : The value of the Bank Guarantee towards Advance Payment in Stage-I can be progressively reduced a

maximum of four (4) times to the extent the amount has been recovered from the on-account bills of the

Developer in Stages-IV and V.

15.4 Yard-stick for interim payments for Stage-IV as in Clause 15.3 above as % of 68% of Contract Amount for

Multi-storied buildings including parking spaces in basements/stilted area and including internal

services and lifts, shall be made by IRWO as follows:

S. No. Sub-Stage Work % Payment

Multi-storied

blocks (each

block)

1. Upto plinth including all earthwork, Anti-termite

Treatments, PCC foundation base, D.P.C., masonry in

Foundation, RCC Rafts / piles foundation, pedestals,

basement(s) as required, back filling of earth, PCC under

Floors etc. complete.

10

2. RCC work in Columns, beams, slabs, sunshades, staircase

and any other RCC works in Superstructure including stilt

floor, electric conduiting in slabs and Fan/light Boxes etc.

complete.

34

3. Brick Work in Super structure, RC lintels etc. complete. 06

4. Doors, Windows and ventilator Frames including hold-fast

and Grills, etc. complete.

04

5. Sanitary and Water Supply Plumbing including Rain Water

pipes, soil and waste pipes, electric conduiting in Walls,

MS/ Sheet Metal Boxes and shaft plaster, RC jali etc.

complete

04

6. Internal Plaster including sunken area water proofing and

plastering etc. complete.

03

7. Flooring and skirting including Polishing etc. complete 04



8. Dados (Glazed Tiles, Counters including, polishing and

Cleaning, etc.) complete. 02

9. Mumti, Machine room, Over head water storage tanks

with Water proofing of roof, parapet walls, plastering,

Gola and terracing etc. complete.

02

10. External finish including covering of Expansion Joints,

plinth projection etc. complete. 05

11. Door, Window and Ventilator Shutters including all

hardware fittings, glass panes etc. complete.

05

12. Sanitary, water Supply fittings and fixtures, etc. complete. 03

13. Internal & External painting and oil bound distemper etc.

complete.

02

14. Electrification including wiring Switches, D. B, Meter

Board, Tag Box, fixing of fittings etc. complete. 06

15. Staircases and balcony Railing, Ladders, Letter boxes,

signage and other miscellaneous items etc. complete. 01

16. Supply, Erection, Commissioning and testing of Passenger

Lifts with required civil and electrical works etc. complete.

07

17. Site clearance. 01

18. On completion of Building works. 01

Notes:

(a) Total value of contract will be apportioned to each Block of flats based on ratio of SBA of the block

to total SBA.

(b) However, except nos. (1), (9), (16), (17) and (18) part payment for stilt/ ground / upper floors shall

be released proportionately.

(c) For payment against item nos. (1), (9), (16), (17) and (18), super built up area of respective block

excluding stilted area shall be considered.

(d) Refer clause 6.1.1 above “definition of Super Built-up area (SBA).”

(e) Terrace shall not be measured or paid separately. However, it shall be deemed to have been

included in the rates quoted by the contractor.

(f) Payment for running / final bill shall be made as per the actual progress of work / measurement at

site duly certified by the General Manager/IRWO. However, running payments will not be made

more frequently than once a month.

(g) Proportionate part payments for proportionate built-up area at each stage in the running bill may be

released as per the actual quantum of work done at site. Regarding release of proportionate part

payment, the decision of IRWO shall be final.

15.5 Yard-stick for interim payments for Stage-V as per para 15.3 (as percentage of 15% of contract

amount) towards external works, internal and external fire fighting:

Payment shall be released on completion including execution, supply, installation, connection with

the system of the sanctioning authority where required, testing and commissioning of:

S. No. Item %

1 External Electrical & telephone works including connection 17

2 Transformers & HT panels 6



3 Diesel Generating Sets 5

4 Bore holes and pumps 1

5 Under-ground tanks 7

6 Internal & external Fire fighting 16

7 Earth filling 1

8 Roads, Pathways and open parking spaces 14

9 Landscaping, Horticulture 2

10 External Water supply and water connection 4

11 Boundary Wall, Security Hut & Gate 5

12 Storm Water drainage & Sewerage/STP (if required)

including connection for final disposal

8

13 Misc. Building works such as security hut with toilet, pump

rooms, DG set transformer room etc. complete

2

14 On Completion of external works including supply,

installation, testing and commissioning 7

15 Community Centre, Shops and EWS Housing 5



Annexure D1



Annexure D2

SALIENT TECHNICAL SPECIFICATIONS

Foundations: RCC Pile/Raft Foundation for multi-storeyed blocks compliant to earthquake resistant design

shall be provided. Design and calculations shall be furnished to be checked/ approved by IRWO’s Proof

Consultants.

Earth Quake Resistant Structure: The building with frame shall be designed as per provisions of Earth

Quake resistant code as per Zone-IV.

Superstructure: Framed structures in RCC with brick partition walls in cement mortar shall be provided.

Reinforcement Steel: The steel used for reinforcement will be either of TATA, SAIL or Rashtriya Ispat Nigam

Ltd.

Cement: PPC/OPC cement used for the work should be produced by integrated unit and of a brand

approved by IRWO. If OPC cement is used, fly ash conforming to Grade-I of IS – 3812 shall be used as part

replacement of cement upto 30%by weight. Design Mixes shall be got approved from IRWO.

Beams/Lintels/Slabs/Columns etc.: Reinforced cement concrete.

Doors/Windows: All door and window frames shall be of teak wood imported from Ivory Coast, Ghana,

etc. and polished. Front door shall be 35 mm thick panelled door with teak wood styles and rails and teak

wood panels, and polished. Internal doors shall be 35mm plain flush doors with teak veneering or panelled

doors and polished. Windows shall have teak wood glazed shutters and polished. Window frames and main

entrance door shall have double rebate.

Fittings for Door and Window Shutters: (i) Main Entrance door: M/s Godrej & Boyce’s (Godrej) lock Ultra

Twin Bolt ICK-Satin Nickel (Product Catalogue Ref. No. i.e, PCRN 8126/8129) with Anoushka Pull Handle Satin

(PCRN 9136) shall be installed.

(ii) Stainless Steel Square Tower Bolts of size 250mm, 200mm or 150mm (PCRN 8577), manufactured by

Godrej shall be provided for all door and window shutters.

(iii) All internal doors shall be provided with Godrej 6-lever lock with Urvashi handle (PCRN 3862) instead

of sliding bolts.

(iv) All toilet and bathroom doors shall be provided with Godrej Cylindrical Classic Lock SS (keyless) (PCRN

3786) instead of sliding/ tower bolts.

(v) Godrej Stainless Steel Roller Bearing type Hinges (PCRN 7908) with stainless steel screws shall be used

for fixing door and window shutters instead of MS/ oxidised iron butt hinges.

Flooring: Johnson/ Somany Vitrified tile flooring shall be provided in all rooms except in the drawing and

dining rooms where ultra-glazed vitrified tiles of Johnson/ Somany shall be provided. Matt finished ceramic

tiles of Johnson/ Somany make with minimum thickness of 10.0 mm or above shall be provide in verandas /

balconies. Floor tiles should have a minimum thickness of 10.0 mm and above. Udaipur green (Kota) stone

flooring shall be provided on staircases and corridors. Granite stone flooring and cladding shall be provided

in Lift and entrance Lobbies.



Wall & Ceiling Finish: All internal walls and ceiling shall be plastered with cement mortar and provided with

J.K./ Birla White Cement putty and finished with ICI/ Asian acrylic paint (oil bound distemper) of colour and

shade to be approved by IRWO.

External Façade: Grit washed with marble stone chips in various colour combinations or with water proof

cement paint of Spectrum make “Weather Coat” quality.

Bath Rooms/Toilets: Johnson/Somany Ceramic glazed wall tiles upto full height in bath rooms and toilets

with minimum thickness of 6.0 mm and above and matt finished ceramic tiles for flooring with minimum

thickness of 7.5 mm and above. Parryware/ Hindware Ceramic bathroom fixtures, St. Gobain/ Atul mirror

and single lever, quarter-turn chromium plated brass fittings of Jaquar/ Johnson make along with concealed

plumbing with Astral/ Lubrizol make CPVC internal pipes.

Kitchen: Granite stone working top with Johnson/ Somany ceramic glazed wall tiles up to 600 mm height on

walls above the working top, with minimum thickness of 6.0 mm and above. Neelkanth/ Jayna Kitchen sink

of stainless steel with 250mm deep bowl with draining board shall be provided. Johnson/ Somany Heavy

duty matt finished ceramic tiles of minimum thickness 10.0mm and above for flooring shall be provided..

Modular kitchen installation and finish upto working top level shall be provided.

Internal and External Piping: Astral/ Lubrizol make CPVC pipes conforming to IS: 15778 shall be used for

internal water supply for the dwelling units. Supreme/ Prince UPVC pipes conforming to IS: 4985 (Class-5)

with injection moulded fittings conforming to IS: 7834-1975 shall be used for External Water Supply. UV

stabilised soil, waste and rain water pipes conforming to IS: 13592-1992 Type B shall be used with V-shaped

Rubber Ring conforming to IS: 5382.

Roads: (i) Sub-grade to be compacted at OMC in layers not exceeding 20 cm depth to achieve 95% of dry

density.

(ii) Water Bound Macadam (WBM) 150 mm thick with stone aggregate 90 mm to 45 mm including 13

mm size stone screening duly compacted.

(iii) Layer of 100 mm sub-base of Cement Concrete M-15 with final layer of Cement Concrete M-20,

100 mm thick, vibrated, vacuum dewatered, skim floated and power trowelled top surface with broom

finish, laid in panels, with side slopes as necessary, including providing grooves as required for expansion

joint and filling the grooves with a mixture of 80 kg of hot bitumen, 1 kg cement and 0.25 cu m of coarse

sand.

Stilts and Open Car Parking Spaces: Stilts and open car parking spaces shall also be finished with a layer of

100 mm sub-base of Cement Concrete M-15 with final layer of Cement Concrete M-20, 100 mm thick,

vibrated, vacuum dewatered, skim floated and power trowelled with broom finish, laid in panels including

providing grooves as required for expansion joint and filling the grooves with a mixture of 80 kg of hot

bitumen, 1 kg cement and 0.25 cu m of coarse sand. Cement concrete shall be laid on well compacted

earthwork.

Electrical: Copper wiring of Skytone/ National make of adequate size as per IS specifications to match the

power requirement of each dwelling unit to be provided in MEDIUM GRADE concealed PVC conduits of AKG/

Finolex make with MCBs and ELCBs of L&T/ Legrand make with modular switches of Anchor/ NorthWest

make.



Power requirement:

Type of unit (Minimum)

Power Requirement

II 6 KW

III 8 KW

IV 10 KW

IVA 12 KW

Power back-up: Minimum 1 kva for Type II, 1.5 kva for type III and 2 kva for Types IV & IV-A to be provided.

DG Sets: Adequate capacity of DG Sets of Cummin Kirloskar/ Greaves Cotton make with AMF panel

and Distribution panel, as stand-by for working of lifts, water pumps, common services, street lighting,

power back-up etc. shall be provided. Solar panels shall be provided for entire Street Lighting.

Water Supply System: Source of water-supply at one point with pumping arrangement to individual/

common water tanks on top of the buildings for each flat shall be provided. Raw water and Drinking water

pumps shall be of adequate capacity and of Kirloskar/ Crompton make.

Sewerage System: Properly designed underground sewerage system with manholes shall be provided with a

Sewage Treatment Plant or external sewerage system of the local authority for final disposal of the sewage.

Water Harvesting: Properly designed water harvesting arrangements shall be provided as per the

requirements of the local/ central sanctioning authority.

Solar Lighting/Heating: In case the applicable by-laws provide for solar lighting and/or solar water heating

arrangements, these should be provided.

Lifts: Two or Three Lifts of suitable capacity providing for 7.5% of the tower population as per National

Building Code of OTIS (Otis)/ Johnson make and Switching Panels of ABB/Areva make shall be installed in

each tower.

Electric Sub-station: Electric sub-station with adequate capacity of Transformers of ABB/ Kirloskar make shall

be installed for power supply to the housing complex.

External Electrification Works: It shall include: (i) Approval of electrification scheme and sanction of load

from the concerned power supply authorities based on calculation of load as per their norms after approval

of the scheme by IRWO. Electrical load of common areas like lifts, water pumps, fire pumps, staircase and

corridor lighting, street lighting, power back-up, etc, shall also be taken into account.

(ii) Power supply at 33/ 11 KV voltage shall be taken from concerned power supply authorities.

(iii) Establishing adequate number of 11/0.415 KV substations of requisite capacity with power VCBs/ GODO

switches, etc.

(iv) Distribution of LT power supply through feeder pillars and cabling network to all user points.

(v) Providing individual power supply meters to each dwelling unit by the power supply authority in the

metering boards to be provided at appropriate location.

(vi) Metering of common services power load.

(vii)Providing sufficient number of Street light poles with solar panels in the complex and park area, as per

norms.



(viii) Back-up power supply with current limiting device for individual dwelling units as laid down above.

Fire Fighting Arrangements: Provisions laid down in National Building Code of India – 2005, and

requirements specified by appropriate Fire Officer of the State Government and/or local bodies shall be fully

complied with for design and construction of fire fighting arrangements for the full housing complex. Fire

pumps, sprinkler pumps and jockey pump shall be of adequate capacity and of Kirloskar/ Crompton make.

Quality Assurance: To maintain the quality of works, the work shall be executed, strictly as per CPWD

Specifications and norms laid down by Bureau of Indian Standards (BIS). It shall be necessary to maintain a

Testing Laboratory as per clause 2.11 (e) of Section F of this Tender Document and maintain all records to

obtain best quality of work to be executed. Builder shall prepare and submit for approval to IRWO check-lists

for ensuring quality control of materials and various activities of work, e.g, earthwork, concrete, R.C.C works,

masonry works, plastering, flooring, roofing, plumbing, electrical installations, lift-wells and lifts installation,

fire fighting installations, and other activities of work required for the project and carry out joint checks with

IRWO as per the approved checklists.

************



SECTION E

TENDER FORMS

A. Instructions:

i) Strike out whichever is not applicable.

ii) The Tenderer or his duly authorised agent should initial all pages of the Tender.

iii) The Authorised Signatory of the Tenderer should initial all interlineations, erasures, overwriting,

additions and alterations in this Tender Form.

iv) Where necessary, information may be furnished on separate sheets, which should be signed by

the Tenderer or his duly authorised agent.

B. Documents to be submitted as part of the Tender

In Sealed Outer Envelope

(i) Covering Letter of Tender, duly completed and signed by the Tenderer, as per Tender Form E1.

(ii) Checklist of Documents, as per Clause 4.2 of Section C (Annexure C1).

(iii) Demand Draft / Banker’s Cheque for Tender Document Fee (in case the Tender Documents have

been downloaded from the IRWO website)

(iv) Demand Draft / Banker’s Cheque for Earnest Money

(v) Sealed Packet-1 (Technical Bid)

(vi) Sealed Packet-2 (Financial / Price Bid)

In Sealed Packet-1 – Technical Bid

i) General Information about the Tenderer with Company profile, Memorandum and Articles of

Association, etc., as per Tender Form E2.

ii) Joint Tendering Agreement (applicable if the Tender is submitted by a Consortium of Firms), as

per Tender Form E3.

iii) Power of Attorney for appointing Lead Member duly attested by notary public (applicable if the

Tender is submitted by a Consortium of Firms), as per Tender Form E4.

iv) Power of Attorney in favour of the Authorised signatory of Tender documents duly attested by

notary public, as per Tender Form E5.

v) Technical Proposal in respect of the Project, as per Tender Form E6.

vi) Information for Technical Bid, including supporting details, as per Tender Form E7.

vii) Affidavit, duly notarised, as per Tender Form E7A.

viii) The original Tender document issued to the Tenderer (or the full Tender Document downloaded

from IRWO website) duly initialled on all pages by the Authorised Signatory as a token of

acceptance, except the Tender Form of Price/Financial Bid.

In Sealed Packet-2 – Financial Bid

i) Price/Financial Bid, in Tender Form E8



Tender Form E1

Covering Letter of Tender

{To be printed on the Letterhead of the Tenderer (in case of sole tenderer) or the Lead Member of

Consortium, including full postal address, telephone, faxes and e-mail address}

Date:

To

Managing Director,





Subject: “Construction of Multistoried Flats, including transfer of land, on Turnkey basis at Noida

Extension (Greater Noida)”

Ref: Tender No. IRWO/Tender/Turnkey/Noida Extension/2012-13/1

Dear Sir,

With reference to the above Tender invited by you, I/We hereby offer to perform, provide, execute and

complete the works in conformity with the Conditions of Contract and Specifications for this Turnkey Work.

1. I/We have read carefully the Tender booklets containing Articles of Agreement, Conditions of

Contract, Specifications, General and Special Conditions, Technical Specifications, Tender Forms etc.

and I/we understand that the works are to be completed within 42 months from the date of issue of

Letter of Acceptance or award of work and fully understand that the time will be the essence of the

contract.

2. I/We enclose Demand Draft/Banker’s Cheque No.________dated________for an amount of Rs. 50

lakhs (Rupees Fifty Lakhs only) as per Clause No. 3.1 of ‘Instructions to Tenderers’, drawn on

_______________Bank, payable at Delhi / New Delhi in favour of Indian Railway Welfare

Organisation. New Delhi, as Earnest Money and fully understand that this amount will not bear any

interest.

3. I / We agree to keep the offer open for 120 days from the date of opening of the Tender.

4. Should this Tender be accepted in whole or in part, I/We hereby agree to abide by and fulfill all the

terms and conditions annexed hereto. If I/we fail to commence the work specified in Tender

documents, I/we agree that my/our Earnest Money shall stand forfeited absolutely to IRWO

otherwise the said Earnest Money shall be retained by the IRWO towards Security Deposit. I/we also

agree to the balance security money being deducted from my/our stagewise payment bills in

accordance with the conditions of contract.



5. All the terms and conditions contained in the Notice Inviting Tenders, General and Special

Conditions of Contract. Specifications for execution of work and additional conditions and the

Agreement etc. constituting the Tender documents have been fully read by me/us and explained to

me/us and I/we hereby accept the same and sign hereunder in token of my/our acceptance.

6. I/We are further enclosing herewith the following documents:

i) Checklist (as per Clause 4.2 of Section C)

ii) Sealed Packet-1 containing

- General Information about the Tenderer (as per Tender Form E2) with Company

profile, Memorandum and Articles of Association, etc.

- *Joint Tendering Agreement (applicable if the Tender is submitted by a Consortium

of Firms) (as per Tender Form E3)

- *Power of Attorney for appointing Lead Member duly attested by notary public

(applicable if the Tender is submitted by a Consortium of Firms) (as per Tender Form

E4)

- Power of Attorney in favour of the Authorised Signatory of Tender documents duly

attested by notary public (as per Tender Form E5)

- Technical Proposal of the Tenderer (as per Tender Form E6)

- Information for Technical Bid (as per Tender Form E7) including supporting details

- Affidavit duly attested by notary public (as per Tender Form E7A)

- The original Tender document issued to the Tenderer (or the full Tender Document

downloaded from IRWO website), duly initialled on all pages as a token of

acceptance, except the Form of Price/Financial Bid.

iii) Sealed Packet-2

- Financial / Price Bid (as per Tender Form E8)

*Strike out in case of Sole Tenderer

Yours faithfully,

Date:

Place:

Company Seal of the Bidder/ (Signature of the Authorised Signatory)

Lead Member of the Consortium (Name and designation)



Tender Form E2

General Information about the Tenderer

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

(in Block Letters)

2 Tenderer’s Constitution

(Partnership Co. / Public Limited Co. / Pvt.Limited Co.)

3 Tenderer’s Registered Office and Place of Business

4 Tenderer’s Telephone No.

Fax No.

E-mail address

5 Name & Address of Directors of the Company

(Provide names, office & residence addresses, Telephone no.s, fax nos,

e-mail, profession / business engaged in etc.)

6 Company profile giving details of current activities, background of promoters and management

structure including Evidence of Incorporation, Partnership Deed, Memorandum of Association

(MoA) and Articles of Association (AoA) etc.

7. Income Tax PAN No. and Service Tax Registration No.

Note: Similar information in respect of the other Members of the Consortium should be attached as Tender

Form E2A& E2B



Tender Form E3

Joint Tendering Agreement

(To be executed on Non-Judicial Stamp Paper of Rs.100 and duly notarised)

This Joint Tendering Agreement (the “JT Agreement”) made at ________ on this __ day of _______, 2012

BY AND BETWEEN

_______________________________ (Lead Member), a partnership / private limited / public limited

company and having its registered office at _______________________________ (herein after referred to

as “________”, which expression shall unless repugnant to the context or meaning thereof be deemed to

mean and include its successors in interest, subsidiaries and assigns) of the one part;

AND

_______________________________ (Member 1), a partnership / private limited / public limited company

and having its registered office at _______________________________ (herein after referred to as

“________”, which expression shall unless repugnant to the context or meaning thereof be deemed to mean

and include its successors in interest, subsidiaries and assigns) of the second part;

AND

_______________________________ (Member 2), a partnership / private limited / public limited company

and having its registered office at _______________________________ (herein after referred to as

“________”, which expression shall unless repugnant to the context or meaning thereof be deemed to mean

and include its successors in interest, subsidiaries and assigns) of the third part;

(__________, ______________ and ____________ shall be individually referred to as the “Party” and jointly

referred to as the “Parties”)

WHEREAS:

A. Indian Railway Welfare Organization (IRWO) has invited bids for selection from the real estate

Developers either individually or through consortium for Construction of Multistoried Flats, including

transfer of land, on Turnkey basis at Noida Extension (Greater Noida) (hereinafter referred to as the

“Project”).

B. _________, ____________ and __________ have agreed to consolidate their resources, experience

and jointly submit the offer for the Tender issued by IRWO for Construction of Multistoried Flats,

including transfer of land, on Turnkey basis at Noida Extension (Greater Noida) (hereinafter referred

to as “Tender”);

C. The Parties have therefore agreed to enter into an understanding in respect of the submission of the

Tender on the terms set out below.

NOW THEREFORE IN CONSIDERATION OF THE PREMISES ABOVE AND THE MUTUAL CONVENANTS HEREIN

CONTAINED THE PARTIES HEREBY AGREE AS FOLLOWS:

The recital herein contained shall constitute an integral and operative part of this JT Agreement



The Parties hereto agree to consolidate their resources and hereby form a consortium to jointly prepare,

submit and Bid with private financing for commercial benefits as detailed in the Tender documents issued by

Indian Railway Welfare Organization, (“IRWO”) for Construction of Multistoried Flats, including transfer of

land, on Turnkey basis at Noida Extension (Greater Noida).

The Parties hereto agree that ____________ and ___________shall be the Other Members and _______

____shall be the Lead Member of the Consortium as defined in the Tender documents (collectively referred

to as “Consortium Members”).

The Parties shall mutually and jointly take all the decisions with respect to the Project . _________ (Lead

Member) shall be authorized to act on behalf of the Consortium as their representative for Tendering and

implementation of the Project.

____________ (Lead Member) believes that it has the necessary qualification to fulfill technical capability

criteria of successful completion of group housing project and all the members believe that they have the

necessary qualifications to jointly fulfill the turnover criteria as detailed in the Tender Documents as well as

the criteria for possession of clear, marketable and unencumbered title of land required for the said Project.

For the purpose of execution on award of the Tender, the Parties will set up a Special Purpose Vehicle

(“SPV”) within 30 days of receipt of Letter of Award, the common equity shareholding pattern of which shall

consist of _______% shares to be held by ______, ______% shares to be held by __________ and _____%

shares to be held by ____________.

__________ (Lead Member) shall individually and compulsorily hold at least 51% equity stake in the SPV for

a period of up to at least one year after the defect liability period. On successful award of the contract, the

SPV shall enter into agreements with IRWO, which shall specify the terms and conditions for carrying out the

Project (“Agreement”) and shall carry out all the responsibilities in the terms of the Agreement.

The Parties shall be jointly and severally liable for the execution of the Project and be bound in accordance

with the terms of Agreement.

The role and the responsibility of each Party till the completion of Project shall be as follows:

Name of Member Type of Member Role & Responsibility

Name of Member Type of Member Role & Responsibility

Lead Member

Other Member

Other Member

Any terms and conditions to the extent not agreed upon by the Parties in this JT Agreement shall be

mutually agreed upon by the Parties and incorporated in the Article of Association of the SPV.

All information, document, etc. exchanged between the Parties related to this JT Agreement or the

preparation of any bid or the performance of the Project shall remain confidential and shall not be revealed

to any third party for a certain time period to be agreed upon. Unless otherwise required by law, the Parties

undertake not to disclose to any third party or anyone else and / or use any Information. [Information shall

be deemed to mean and include any idea, data, plans, concepts, designs, technical information, inventions,



specifications and operating experience and shall further include all the tracings, drawings, designs,

calculations, sketches, models, reports, specifications, computer assisted design documents, results of

programs, computer discs, diskettes or taps, charts, photographs, other data compilations, report (whether

in draft form or completed) and other documents and the contents of any of them used by or provided by

the Parties in connection with the Bid] without prior consent of the other Party.

This JT Agreement shall come into effect on the date of submission of the Tender.

This JT Agreement shall be valid for a minimum period of one hundred and eighty days and shall be

extended further for such period as may be required by the IRWO, provided the Consortium’s offer for this

Tender is not rejected by the IRWO.

All out-of –pocket expenses of and incidental to this JT Agreement including stamp duty and registration

fees, if any shall be borne and paid by the Parties in proportion to their shareholding in the SPV. Each Party

shall pay and bear their own advocate/solicitors fees in the preparation of this JT Agreement.

This JT Agreement shall in all respects be constructed and interpreted in accordance with laws of India.

In the event of any dispute or difference between the Parties hereto arising from or relating to anything

contained in this JT Agreement, the Parties will endeavour to settle the same amicably. If they are not able

to do so within 30 days from the date of such dispute, the same shall be referred to arbitration in

accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment

thereof for the time being in force. The language of such Arbitration will be English and the venue will be

____________ .This Clause shall survive the termination of this JT Agreement.

In the event of a dispute(s) between the Parties over the subject of this JT Agreement, the prevailing party

shall be entitled to reasonable advocates/solicitors’ fees and costs incurred in the resolution of such

dispute(s).

IN WITNESS WHEREOF the Parties hereto have caused this JT Agreement to be executed by their duly

authorized representatives the day and year first above written.

SIGNED AND DELIVERED B _____________________________

By: _________________________

Title: _________________________

Date: _________________________

SIGNED AND DELIVERED BY _____________________________

By: _________________________

Title: _________________________

Date: _________________________

SIGNED AND DELIVERED BY _____________________________

By: _________________________

Title: _________________________

Date: _________________________

Witnesses:

Name

Address



Tender Form E4

Tender Format of Power of Attorney for Appointing the Lead Member


KNOW ALL MEN by these presents that we, M/s ...............................[name of member of consortium other

than the lead member], a partnership firm / private limited company / public limited company (strike off

whatever is not applicable) having its Registered Office at …......................................[address of the company]

(hereinafter referred to as “Member 1 ”) and M/s ...............................[name of member of consortium other

than the lead member], a partnership firm / private limited company / public limited company (strike off

whatever is not applicable) having its Registered Office at …......................................[address of the company]

(hereinafter referred to as “Member 2 ”) and

WHEREAS we M/s ..........................., M/s ............................ and M/s ........................................(insert name

and registered office address of all the members) are forming a Consortium to submit their offer in response

to the tender (“TENDER”) for Construction of Multistoried Flats, including transfer of land, on Turnkey basis

at Noida Extension (Greater Noida) (the “Project”) issued by Indian Railway Welfare Organization (IRWOand

is desirous of appointing an attorney for the purpose thereof.

NOW KNOW YE ALL BY THESE PRESENTS, that we, M/s .......................... and M/s ......................... [names of

the members of the consortium other than the Lead Member] do hereby nominate, constitute and appoint

M/s ........................................[name of the Lead Member company] as its true and lawful Attorney to do and

execute all or any of the following acts, deeds and things for the Consortium in its name and on its behalf,

that is to say:

a) To act as the Lead Member of the Consortium for the purposes of the Project;

b) To procure tender documents, receive and make inquiries, make the necessary corrections and

clarifications to the Project documents, as may be necessary;

c) To sign all papers for all proposals, offers, Project documents, necessary documents, papers, Tenders,

representations and correspondence necessary and proper for the purpose of submitting the Tender.;

d) To act as the Consortium’s official representative for submitting the Tender for the Project and other

relevant documents in connection therewith

e) To sign and execute contracts relating to the Project, including variation and modification thereto;

f) To represent the Consortium at meetings, discussions, negotiations and presentations with IRWO,

Government Authorities, Competent Authorities and other Project related entities;

g) To receive notices, instructions and information for and on behalf of the Consortium;

h) To do all such acts, deeds and things in the name and on behalf of the Consortium as necessary for the

purpose aforesaid.



AND the Consortium hereby covenants with the said Attorney to ratify and confirm all and whatever the

attorney may lawfully do or cause to be done by virtue of these presents.

IN WITNESS WHEREOF the Consortium members puts their hand and seal to this Power of Attorney on this

[day, month & year]

The common seal of [name of one of the

Member ] was hereunto affixed pursuant to a

resolution passed at the meeting of Committee

of Directors held on the ____day of _______,

2012 in the presence of [name & designation of

the person] and countersigned by [name &

designation of the person] of the Company of

[name of the company]

)-----------------------------------------------

) [name & designation of the person]

)-----------------------------------------------


The common seal of [name of the other Member

] was hereunto affixed pursuant to a resolution

passed at the meeting of Committee of Directors

held on the ____day of _______, 2012 in the

presence of [name & designation of the person]

and countersigned by [name & designation of

the person] of the Company of [name of the

company]

)-----------------------------------------------


)

)

)-----------------------------------------------


Witnesses:

Name

Address

Name

Address



Tender Form E5

Power of Attorney for signing of Bid

This Tender Form is to be submitted only by the Sole Tenderer or Lead Member.


Know all men by these presents, We, ________________________ (name of the firm and address of the

registered office) do hereby irrevocably constitute, nominate, appoint and authorise Mr. / Ms (Name),

son/daughter/wife of ________________________ and presently residing at ________________________,

who is [presently employed with us/ the Lead Member of our Consortium and holding the position of

________________________], as our true and lawful attorney (hereinafter referred to as the “Attorney”) to

do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection

with or incidental to submission of our bid for Construction of Multistoried Flats, including transfer of land,

on Turnkey basis at Noida Extension (Greater Noida) (“Project”) proposed or being developed by the Indian

Railway Welfare Organization (“IRWO”) including but not limited to signing and submission of all

applications, tenders and other documents and writings, participating in bidders' and other conferences and

providing information / responses to IRWO, representing us in all matters before IRWO, signing and

execution of all contracts and undertakings consequent to acceptance of our Tender, and generally dealing

with IRWO in all matters in connection with or relating to or arising out of our Tender for the said Project

and/or upon award thereof to us and/or till the entering into of the Agreement with IRWO.

AND I/we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things

lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred

by this Power of Attorney and that all acts, deeds and things done by my/our said Attorney in exercise of the

powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF We, ________________________, the above named principal have executed this

power of attorney on this __________ day of __________, 2012.

For________________________

(Signature)

(Name, Title/designation and Address)

Common Seal of the Company

I Accept

(Signature)

(Name, Title and Address of the Attorney) [Notarised]

Witnesses:

1.

2.



Notes:

The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid

down by the applicable law and the charter documents of the executant(s) and when it is so required, the

same should be under common seal affixed in accordance with the required procedure. Also, the Tenderer

should submit for verification the extract of the charter documents and documents such as a

resolution/power of attorney in favour of the person executing this Power of Attorney for the delegation

of power hereunder on behalf of the Tenderer.



Tender Form E6

Tenderer’s Technical Proposal

i) Detailed Layout Plan of the Housing Complex, showing all facilities, services and utilities provided

including green areas, roads, pavements, community centre etc. complete.

ii) In case the Housing Complex is part of a larger project or if the layout and building plans have been

sanctioned by the plan sanctioning authority (GNIDA), authenticated copies of sanction letter,

builder’s license etc, along with the layout and building plans must be submitted.

iii) Detailed Unit Plans with carpet area, wall area, balcony area and common area worked out on the

drawings based on the norms laid down in these Tender documents, as per Clause 6 of Section D.

iv) Detailed Plan & Elevation of the Community Centre / Club House with facilities proposed to be

constructed, based on the norms as per Clause 11 of Section D.

v) Number of covered and open car parking spaces which will be provided by the Tenderer in the

Housing Complex, based on the norms as per Clause 8 of Section D.



Tender Form E7

Information for Technical Bid

The Tenderer firm (in case of Sole Tenderer) or the Lead Member (in case of Consortium) must indicate

relevant details of plot of land and showcase relevant turnover & experience in the development of similar

projects to fulfill the technical eligibility criteria. For this purpose, the Tenderer must present relevant

information in the following Tender Formats.

Details of Land - Eligibility Condition 3.1(i) of Section D

To be eligible, the title of the plot of land must be clear, marketable and unencumbered and it must be

located in Sectors 1,2,3,4, 16, 16-B, 16-C & Technical Zone IV of Noida Extension (Greater Noida). (map

enclosed as part of Tender Document at Annexure D1).

The plot of land must not be involved in any litigation, disputes, mortgage etc of any sort. The following

documents with respect to the plot of land should be submitted along with this Tender Form:

i) Authenticated copies of GNIDA’s allotment letter, possession letter and ownership proof (lease

deed) showing clear, marketable and unencumbered title;

ii) Authenticated copies of GNIDA’s bye-laws/lease terms pertaining to allotment and transfer of land;

iii) Location plan, showing the location of the plot of land in Noida Extension (Greater Noida);

iv) Photographs of the plot of land; and

v) Affidavit in Tender Form E7A, with certificates from Tehsildar and the GNIDA, in support.

Name of Firm / Member(s) of Consortium who has/have been allotted the land by GNIDA

………………………………………..

Dimensions and

location of relevant

plot of land

Total Land

Area ( in

acres)

Month & Year

of Allotment

Remarks - List the

relevant

documentary

evidence attached

Details of Gross Turnover & Project Experience - Eligibility Conditions 3.1(ii) & 3.1(iii) of Section D

Gross Turnover for the last four consecutive financial years ending 31st March, 2011 from building works

should be at least Rs 115 Crores. Turnover from such works in the preceding one financial year ending 31st

March, 2011 should not be less than Rs. 29 Crores.

In case of consortium, the members of the consortium can aggregate their turnover to fulfil eligibility

condition 3.1(ii) subject, however, to the Note below Para 3.1 of Section D. However, the project experience

criterion as per eligibility condition 3.1(iii) should be fulfilled by the Lead Member alone.



Authenticated Copies of audited accounts (Balance Sheet and Profit & Loss Account) for the last four

consecutive financial years ending 31st March 2011 duly certified by the statutory auditor, are required to be

submitted with the offer as documentary evidence of the turnover. In case of a Consortium, all the members

whose turnover is considered, should furnish these documents.

Name of Firm / Member of Consortium: ………………………………………..

2007-08 2008-09 2009-10 2010-11 Total Remarks - List

the relevant

documentary

evidence

attached

Turnover from building works

in Rs lakhs

Turnover of other

members (in case

of Consortium) in

Rs lakhs

The Tenderer should have either successfully completed at least one work of Group Housing (with

multistoried buildings) of value of Rs.115 Crores, or should have completed two works to the extent of Rs.

58 crores each during the last four consecutive years. Authenticated copies of completion/provisional

completion certificate from the concerned local / state government authority are required to be submitted

with the offer as documentary evidence. Project photographs may also be enclosed. In case of a Consortium,

this requirement should be fulfilled by the Lead Member.

Name of Firm / Lead Member of Consortium: ………………………………………..

Sl. No.

Name and

location of

relevant

project

Brief

description

about the

Nature of

the

Project

Total Land

Area (

in hectares &

acres) and

Built up

Area in sq. m

Year of

Completion

of

Project

Completion

Cost (in Rs

lakhs)

Remarks - List

the relevant

documentary

evidence

attached

1.

2.

3.



Certificate:

We declare that all information stated in the tables above and all details/ documents attached are complete

and absolutely correct and any error or omission therein, accidental or otherwise, will be sufficient for IRWO

to reject our Tender. Further, we specifically certify that the plot of land offered against this Tender is not

involved in any litigation, dispute, etc and in support of which we attach an affidavit in Tender Form E7A,

along with the prescribed certificates from the Tehsildar and the GNIDA.

Dated this _____ day of ___________ 2012

(Name & Signature of Authorised Signatory)______________________

In the capacity of _____________________ (position) duly authorized to sign this Tender for and behalf of

_____________________________ (name of sole tenderer/ lead member of the Consortium)

_____________________________________ (Address)



TENDER FORM E7A

AFFIDAVIT


I, _____________________son of Shri _______________________, aged _____ years, resident of

___________________________________________________, (Director/ Authorized Signatory of

M/s.______________________), do hereby solemnly affirm and state as follows:-

1. That I am the Director/ Authorized Signatory of M/s._______________________ and have been

empowered/authorized to affirm this affidavit. I say that M/s._________________________ has

been allotted for group housing a plot of land No. ____________ in Sector__________, _______,

____. ______________ measuring __________sq.m. vide letter of allotment No.

__________________________ dated ________.

2. That I state that there are no legal proceedings against the aforesaid land before any Civil Court /

High Court of Judicature at ______ by the original land owners of the aforesaid land acquired by the

State of Uttar Pradesh under the Land Acquisition Act and/or any other State and/or Central Act.

3. That in confirmation to what I have stated in paragraphs No. 1 & 2 above, I have hereby attached

certificates issued by the Tehsildar and GNIDA which are true and original copies.

DEPONENT

VERIFICATION:

Verified at ________ on this the _______ day of ______, 2012 that the contents of this affidavit are true to

the best of my knowledge and records of the allottee company.

DEPONENT



TENDER FORM E8

FINANCIAL / PRICE BID

SCHEDULE OF RATES

Dwelling Units (DU’s):

Type Configur

ation

Ground+

Stilt+

Total No.

of DU’s

SBA of

each DU

(sqm)

Total SBA

of all DU’s

(sqm)

Common

Rate per sqm

of SBA

(Rs.)

Cost of each

Type of DU

(Rs.)

Total Cost of

all DU’s of

each Type

(Rs.)

II

III

IV

IV-A

Total

Notes:

i) Rates quoted for SBA of dwelling units shall be inclusive of the cost of land.

ii) Rates quoted shall be firm and no escalation, whatsoever, shall be paid.

iii) Car parking spaces provided shall have minimum parking size of 5.0 meter X 2.5 meter.

iv) All Car parking spaces provided in the stilts/ basements/podiums or in the open are inclusive in the

rates quoted for dwelling units in Proforma above.

v) All earmarked parking spaces shall have proper vehicle Driveways to approach the parking areas.

vi) Rates quoted against all items in the above Schedule of Rates shall be deemed to have included the

cost of all other items pertaining to this turnkey project and nothing extra shall be payable. Cost of

any mandatory EWS Housing or land to be earmarked for such Housing should also be included in

the rate quoted.

vii) IRWO will decide the award of the work based on the rate offered, location of the plot/project,

facilities offered, utilities available in the surrounding area etc. IRWO’s decision in the matter shall

be final.

viii) Please also see Note below Para 14.1 of Section D

Place:

Dated: (Signature and Seal of Tenderer)



SECTION F

IRWO GENERAL CONDITIONS OF CONTRACT

1. GENERAL OBLIGATIONS

1.1 Intent & Scope of Contract

The intent of the contract is that the Developer shall provide work, building and systems in

complete functioning order and all work or materials necessary for the above intent shall be

deemed to be included and all items will be paid for at the rates established in the Contract.

1.2 The Developer shall supply at his own cost all materials, plant, tools, appliance, implements, ladders,

cordage, tackles, scaffolding, shuttering and temporary works required for the proper execution of

work whether original, altered or substituted and whether included in the specification or other

documents of Tender forming part of the contract or referred to in these conditions or not or which

may be necessary for the purpose of satisfying the conditions or as directed by IRWO or its

representative at the site the work.

1.3 The Developer shall also provide all necessary fencing and lights required to protect the public from

accident and shall be bound to bear expenses of defence of every suit, actions or other proceedings

at law that may be brought by any person for injury sustained owing to the neglect of the above

precautions and to pay any damages and costs which may be awarded in such suits, actions or

proceedings to any such person or which may, with the consent of the Developer, be paid to

compromise any claim by any such person. In no case, IRWO shall be a party to any such

claim/claims.

1.4 Sufficiency of Tender

The Developer shall be deemed to have satisfied himself before tendering as to the corrections and

sufficiency of his tender for the work and of his prices stated in the schedule which shall except in so

far as it is otherwise provided in the contract, cover all his obligations under the contract and all

matters and things necessary for the proper completion and maintenance of the work.

1.5 Law Governing the Contract

The Developer shall be governed by the Law for the time being in force in India. The Developer when

called upon to do so shall enter into and execute the contract agreement with the IRWO.

1.6 Compliance to Regulations and By-Laws

The Developer shall conform to the provision of any statutes relating to the works and regulations

and by-laws of any local authority and of any water and lighting companies or undertakings with

whose system the work is proposed to be connected. The Developer shall be bound to give all notice



required by statutes, regulations or by-laws as aforesaid and to pay all fees and taxes payable to any

Authority in respect thereof.

1.7 Communication to be in Writing

All notices, communications, references and complaints made by the IRWO or IRWO’s

representative to the Developer concerning the works shall be in writing and no notice,

communications, reference or complaint not in writing shall be recognized.

1.8 Service of Notices on the Developer

The IRWO and the Developer agree that all notices all complaints, notices, communications and/or

references hereunder must be in writing, sent by personal delivery or registered mail or courier

unless otherwise specified and must be sent to the respective addresses provided or such other

address as may be communicated on for the purpose. The Developer shall furnish to IRWO the

name, designation and address of his authorised agents.

1.9 Constitution of Firm

The Tenderer (s) who is / are constituents of the firm, company, association or society must forward

attested copies of the constitution of their concern, partnership deed and power of attorney with

their Tender. Tender documents in such cases are to be signed by such person, as may be legally

competent to sign them on behalf of the firm, company, association or society as the case may be.

The IRWO will not be bound by any power of attorney granted by the Tenderer(s) or by changes in

the composition of the firm made after the execution of the contract. The IRWO may, however,

recognize such power of attorney and change after obtaining proper legal-advice cost of which will

be chargeable to the Developer.

For the avoidance of doubt it is hereby clarified that in the event of a Sole Tenderer being a sole

proprietary concern and the proprietor expires after the submission of this tender or after the

acceptance of this tender, the tender contract shall be deemed to be cancelled,. In the event the

Sole Tenderer is a partnership firm, if a partner of firm expires after the submission of their tender,

the tender contract shall be deemed to be cancelled unless the firm retains its character.

If the Developer’s firm is dissolved on account of death, retirement of any partners or for any reason

whatsoever, before fully completing the work or any part of it, undertaken by the principle

Agreement, the surviving partners shall remain jointly/severely and personally liable to complete the

whole work to the satisfaction of the IRWO due to such dissolution. The cancellation of any

documents such as power of attorney, partnership deed, etc, shall forthwith be communicated to

IRWO in writing, failing which the IRWO shall have no responsibility or liability for any action taken

on the strength of the said documents.



.10 Relics

All gold, silver, oil and other minerals of any description and all precious stones, coins, treasure,

relics antiquities and other similar things which shall be found in or upon the site after transfer of

the land shall be the property of the IRWO and the Developer shall duly preserve the same to the

satisfaction of the IRWO and shall from time to time deliver the same to such person or persons as

the IRWO may appoint to receive the same.

1.11 Excavated Materials

The Developer shall not sell or otherwise dispose of or remove except for the purpose of this

contract, the said stone, clay, ballast, earth, rock or other substances or materials which may be

obtained from any excavation made for the purpose of the works or any building or produce upon

the site at the time of delivery of the possession thereof but all such substances, materials, buildings

and produce shall be the property of the IRWO provided that the Developer may with the

permission of the IRWO, use the same for the purpose of the works either free of cost or pay the

cost of the same at such rates as may be determined by IRWO.

1.12 Indemnity by the Developer

The Developer shall indemnify and hold harmless the IRWO from and against all actions, suits,

proceedings, losses, costs, damages, charges, claims and demands of every nature and description

brought or recovered against the IRWO by reason of any act or omission of the contract, his agents

or employees, in the execution of the works or in the guarding of the same. All sums payable by way

of compensation under any of these conditions shall be considered as reasonable compensation

without reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained.

1.13 Illegal Gratification

Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the

Developer or his partner, agent or servant or any one of his or on their behalf to any officer, or

employee of the IRWO or to any person on his or their behalf in relation to the obtaining or the

execution of this or any other contract with the IRWO shall, in addition to any criminal liability which

he may incur, subject to the Developer to the rescission of the contract and all other contracts with

IRWO and to the payment of any loss or damage resulting from such rescission, IRWO shall be

entitled to deduct the amount so payable from any money due to the Developer under the contract

or any other contracts with the IRWO.

The Developer shall not lend or borrow from or have or enter into any monetary dealings or

transactions either directly or indirectly with any employee of the IRWO and if shall do so, the IRWO

shall be entitled forthwith to rescind the contract and all other contracts, with the IRWO.

Any question or disputes as to the commission of any offence or compensation payable to the IRWO

under this clause shall be settled by the Managing Director of the IRWO in such manner as he shall

consider fit and sufficient and his decision shall be final and conclusive.



1.14 Time is of essence of Contract

The time allowed for execution of works or part of works as specified in the contract documents in

accordance with these conditions shall be essence of the contract. Subject to any requirement in the

contract as to completion of any portion or portions of work before completion of the whole of the

work, the Developer shall fully and finally complete all the work comprised in the contract (with

modifications as may be directed under conditions of this contract) by the date entered in the

contract.

1.15 Accepted Programme of Work

As soon as the work is awarded, but not later than 30 days after the date of issue of acceptance by

IRWO of the offer of the Tenderer, the Developer shall submit a detailed programme of work in the

Tender Form of CPM, PERT net work, Bar chart indicating the time schedule for commencement and

completion of various items of work and complete the same by the stipulated dates of completion.

The programme of work amended as necessary after discussions with IRWO shall be treated as

agreed programme for the purpose of this contract and the Developer shall endeavour to fulfill this

programme of work. Nothing stated herein shall preclude the Developer in achieving earlier

completion of the individual items or whole of the work than indicated in the programme.

1.16 Force Majeure Clause

i) If at any time during the continuance of this contract, the performance in whole or in part by

either party of any obligation under this contract shall be prevented or delayed by reasons

of any war, hostility, acts of Public enemy, Civil commotion, sabotage, serious losses or

damage by fire, explosion, epidemic, strike, lock-out or acts of God (hereinafter referred to

as ‘Event’), in such an Event, the affected party shall provid notice of the occurance of any

such Event within 10 days of occurrence thereof. Neither party shall by reasons of such

events be entitled to terminate this contract, nor shall either party have any claim for

damages against the other in respect of such non performance or delay in performance, and

works under the contract shall be resumed as soon as practicable after such event has come

to an end or ceased to exist and decision of IRWO as to whether the works have been so

resumed or not shall be final and conclusive; provided further that if the performance in

whole or in part of any obligation under this contract is prevented or delayed by reasons of

any such event for a period exceeding 90 days, either party may at its option terminate the

contract by giving notice to other party.

ii) In case of such event for which the Developer has given timely written notice thereof to the

IRWO, IRWO shall make a fair and reasonable extension of time for completion of the

contract works. The Developer shall nevertheless constantly endeavour to prevent delays

and shall do all act that may be reasonably required to the satisfaction of IRWO.

iii) The Developer’s right to an extension of time limit for completion of the work in the above

mentioned cases is subject to the following procedures.



a) That within 10 days after the occurrence of case of Force Majeure but before the

expiry of the stipulated date of completion, he informs IRWO in writing that he

considers himself entitled to an extension of the time limit.

b) That, he produces evidence of the date of occurrence and the duration of the Force

Majeure in an adequate manner by means of documents drawn up by reasonable

authorities.

c) That, he proves that the said conditions have actually interfered with the carrying

out of the contract.

d) That, he proves that the delay incurred is not due to his own action or lack of action.

In the cases mentioned above for delays in completion of works, such failures or delays shall in no

way affect or vitiate the contract or alter the character thereof or entitle the Developer to damage

or compensation thereof but the Developer shall apply for extension of time at least 45 days before

the completion of the contract period and IRWO shall grant such extension or extension of the

completion dates as shall appear to IRWO reasonable in the circumstances and IRWO’s decision in

the matter will be final and binding on the Developer.

1.17 Slippage in Accepted Programme of Work

Any slippage in the accepted programme of work, decided as per clause 1.15 above, except on

account of a Force Majeure item (clause 1.16), would entitle IRWO to terminate the contract and

carry out the remaining work at the risk and cost of the Developer, after due notice. In addition,

delay in handing over the possession of the dwelling units would mean payment of compensation by

Developer, as per Clause 12.2 of Section D of this Tender document.

2. EXECUTION OF WORKS

2.1 Developer’s Understanding

It is understood and agreed that the Developer has after careful examination, satisfied himself as to

the nature and location of the work, the configuration of ground, the character, quality of the

materials to be encountered, the character, quality of the materials to be needed preliminary to and

during the execution of the works, the general and local condition, the labour condition prevailing

therein and all other matters which can in any way affect the works under the contract.

2.2 Commencement and Execution of Works

The Developer shall commence the work within 15 days after the issue of acceptance of his offer in

writing from IRWO and shall proceed with and complete the same with due expedition and without

delay to the satisfaction of IRWO.



2.3 Programme of Work and Compliance to IRWOs Instructions

The Developer shall on receipt of the letter of acceptance or as soon as possible thereafter, but not

later than 30 days from the date of issue of letter of acceptance submit to IRWO for their approval,

CPM, PERT and BAR charts. The programme shall be prepared in such a manner that it shall have

adequate float for the unforeseen items and additional works, if any, and also programme showing

the order and procedure in which he proposes to carry out the work. The Developer shall, whenever

required by IRWO, also provide, in writing for their information general description of the

arrangement and methods, which the Developer proposes to adopt for the execution of the work. If

at anytime it should appear to the IRWO that the actual progress of the work does not conform to

the approved programme referred to above, the Developer shall produce at the request of IRWO, a

revised programme showing the modification to the approved programme necessary to ensure

timely completion of the contract. The submission to and approval by IRWO of such programme or

the furnishing of such particulars shall not relieve the Developer of any of his duties or

responsibilities or obligations under the contract. IRWO or their representatives shall have full

powers and authorities during progress of the work to issue such instructions as may be necessary

for the proper execution of the work. The Developer shall carry out and be bound by the same.

2.4 Instructions of IRWO’s Representative

Any instruction or approval given by the IRWO’s representatives to the Developer in connection with

the works shall bind the Developer as though it had been given by the IRWO provided as follows:

a) Failure of the IRWO’s Representatives to disapprove any work or materials shall not

prejudice the power of the IRWO thereafter to disapprove such work or materials and to

order the removal or breaking up thereof.

b) If the Developer shall be dissatisfied by reason of any decision of the IRWO’s representative,

he shall be entitled to refer the matter to the IRWO who shall there upon confirm or vary

such decision.

2.5 Responsibility for Structural Adequacy

The Developer shall comply with the provisions of the contract with due care and diligence, execute

and maintain the work and provide all labour, including supervision of all works, structural plans and

other things whether of temporary or permanent nature required for such execution and

maintenance in so far as the necessity for providing these, is specified or is reasonably inferred from

the contract. The Developer shall be fully responsible for the adequacy, suitability and safety at site

of all the works and methods of the construction adopted.

2.6 Site Accommodation for IRWO’s staff

The Developer shall provide, erect, maintain, as directed, simple office accommodation which shall

be welllit with electrical fixtures and ceiling fans, ventilated and properly furnished alongwith two

working toilets and a pantry. The accommodation shall be demolished when the project is

completed. The accommodation so provided shall also include 3 rooms for IRWO's Engineer &

representative. One room having a 3'x8' executive table with 5' long side rack, executive revolving



and swinging high back, fully upholstered chair, a 3'x7' Godrej steel almirah and six upholstered

visitors chairs. Each of the two rooms shall have one 2'x5' office tables with side rack, one office

chair and two visitors’ chairs, a 7' high steel almirah. All rooms shall be provided with desert coolers

including running & maintenance cost. A telephone connection for use by IRWO engineers and

representatives shall be maintained by the Developer during the currency of the contract including

defect liability period. The rooms should also be provided with computers and internet connection.

The electricity charges for running the office will also be borne by the Developer. Non compliance of

this clause will entitle IRWO to levy a penalty of Rs. 10,000 per month.

2.7 Safety Provisions

The Developer shall at his own expense, arrange for the safety provisions as required under various

statutory laws imposed in respect of labour directly or indirectly employed for the performance of

the work and shall provide all facilities in connection therewith. Precautions in the safety clause are

the minimum necessary and shall not relieve the Developer from taking additional safety

precautions as may be required for particular type of the work. Also mere observance of these

precautions shall not absolve the Developer of his liabilities in case of loss or damage to the property

or injury or death of any person including Developer’s labour, IRWO’s representatives or any

member of the public. This clause shall be governed by the Indian Labour Laws including but not

limited to Uttar Pradesh Labour Welfare Fund Act 1965, Contract Labour Act 1970, Minimum Wages

Act 1948, Maternity Benefit Act 1961, etc.

2.8 Adherence to specifications and drawings

The whole of the work shall be executed in perfect conformity with the specifications and drawings

of the contract, which will be approved by IRWO. If the Developer performs any work in a manner

contrary to the specifications or drawings or any of them and without such reference to the IRWO,

he shall bear all the costs arising or ensuing there from and shall be responsible for all losses to the

IRWO. In case of any work for which there are no specifications in the contract, such work shall be

carried out in accordance with the directions provided in writing of the IRWO or its authorized

representative.

2.9 Drawings and specifications of the works

The Developer shall keep one copy of drawings and specifications including CPWD & relevant BIS

specifications at the site in good order, and such other contract documents as may be necessary and

make available to the IRWO and the IRWO’s representatives, whenever deemed necessary.

2.10 Meaning and intent of specifications & drawings

If any ambiguity arises as to the meaning and intent of any portion of the specifications and

drawings or as to execution or quality of any work or material, the decision of the IRWO thereon

shall be final subject to appeal (within seven days of such decision being intimated to the Developer)

to the Director Technical of IRWO, who shall have the power to correct any errors, omissions, or

discrepancies in the specifications, drawings, classification of work or materials, and whose decision

in the matter, in dispute or doubt, shall be final and conclusive.



2.11 Workmanship and Testing

a) The whole of the works and/or supply of materials specified and provided in the contract or

that may be necessary to be done in order to form and complete any part thereof shall be

executed in the best and most substantial workman like manner with materials of the best

and approved quality of their respective kinds, agreeable to the particulars contained in or

implied by the specifications and as referred to in and represented by the drawings or in

such other additional particulars, instructions and drawings as may be found requisite to be

given during the carrying on the works and to the entire satisfaction of the IRWO according

to the instructions and directions which the Developer may from time to time receive . The

Developer shall, at his own cost and expense, supply to the IRWO samples of materials

proposed to be used in the works. The samples must be provided at least six weeks before

they are to be incorporated in works. The IRWO shall within seven days of supply of samples

or within such further period as he may require, inform the Developer whether the said

samples are approved by him or not. If samples are not approved, the Developer shall

forthwith arrange to supply the IRWO for its approval, a fresh sample complying with the

specification laid down in the contract. No materials shall be brought by the Developer to

the site unless samples of the same are approved by the IRWO. The materials maybe

subjected to tests by means of such machines, instruments, institution’s laboratory and

appliances as the IRWO may direct and entirely at the expenses of the Developer. The

decision of the IRWO shall be final in this respect.

b) The Developer shall arrange to keep at site all relevant Indian Standards and C.P.W.D.

Specifications with latest amendments and ensure its availability to IRWO at all times. A

copy of the National Building code shall also be kept of site by the Developer.

c) The materials brought to site by the Developer and before they are allowed to be used in

the work, the same shall be inspected by the IRWO to ensure that these conform to the

required specification and record a certificate to that effect in the register to be maintained

for this purpose.

d) The Developer shall take supplies of materials of approved brands directly from the

manufacturer or from their authorised agent only. In the event of duplicate material found to

have been used in the work, it will have to be replaced by the Developer at his own cost and

no payment will be made for such items for removal/replacement of the duplicate

material(s).

e) Testing Laboratory

The Developer during the course of execution of the work shall at his own expense provide a

testing laboratory for conducting necessary tests for materials to be used in the works such

as bricks, sand, aggregate, compressive strength of concrete cubes, batching of concrete,

etc. The Laboratory should be equipped with all such instruments as required such as Cube

Testing Machine, Sieves, Weighing Scales, Graduated cylinders, Slump Test Cone, Veneer

Caliper, Micrometers, Cable Gauge, Multimeter, Earth Testing, Maggar, Bubble Levels,

Theodolite, Dumpy Level, Oven, Moisture Metre, Rebound Hammer, Gauge, Screw gauge,

adequate number of cube moulds for testing cube of concrete and cement, plumb nylon



thread, steel tapes, torch etc. Non maintenance of fully equipped laboratory will attract a

penalty of Rs. 500/- per day. If any tests are required by the IRWO to be carried out by any

other approved laboratory, all the costs for such tests shall be borne by the Developer.

f) Workmanship

The Developer shall engage specialist firms for the execution of the following works:

Electrical sub-Developer(s) (holding registration with Government Departments)

Plumbing, sanitary, sewerage and water supply sub-Developer(s) (holding registration with

Government Departments)

Waterproofing works (manufacturer's authorised applicator)

Anti-termite works (manufacturer authorised applicator)

2.12 Facilities for Inspection and Access to Site of Work

a) The Developer shall afford IRWO's representative every facility for entering in and upon

every portion of the work at all hours for the purpose and IRWO's representatives shall at all

times have free access to every part of the works and to all places/workshops/factories at

which materials for the works are stored or being obtained/manufactured.

b) If required by the approving Municipal Authority or any other authority, the Developer shall

attend their inspector and comply with the direction and requirement and obtain whatever

approval and sanctions are necessitated on different stages of execution and completion of

work.

2.13 Precautions during progress of Works

During the execution of works, unless otherwise specified the Developer shall at his own cost

provide materials for and execute all shoring, timbering, shuttering and scaffolding and structuring

work as are necessary for the stability and safety of all structures, excavations and works and shall

ensure that no damage, injury or loss is caused or likely to be caused to any person or property.

2.14 Rates for Items of Works

a) The rates entered in the accepted schedule of rates of the contract are on the basis of rate

per sq.m. Of Super Built Area (SBA). These are intended to provide for works duly and

properly completed in accordance with the General and Special conditions of contract and

the specification and drawings together with such enlargements, extensions, diminution's,

reductions, alterations, or additions as may be ordered without prejudice to the generality

thereof and shall be deemed to include and cover superintendence and labour. Supply,

including full freight of material, stores, patterns, profiles, moulds, fittings, centering,

scaffoldings, shoring, props, timber, machinery, derricks, tackle, ropes, pegs, posts, tools,



etc. and all apparatus and plant required on the works, the erections, maintenance and

removal of all temporary works and buildings, all watching, lighting, bailing/pumping and

draining of water, all prevention of or compensation for trespass, all barriers and

arrangements for the safety of the public or of employees during the execution of works, all

sanitary and medical arrangements for labour camps as may be prescribed, the setting of all

work and of the construction, repair and upkeep of all center lines, bench marks and level

pegs thereon, site clearance, all fees, duties, royalties, rent and compensation to owners for

surface damage or taxes and impositions payable to local authorities in respect of land,

structures and all materials supplied for the works, or other duties or expenses for which the

Developer may become liable or may be put to under any provision of law for the purpose

of or in connection with the execution of the contract, and all such other incidental charges

or contingencies as may have been specially provided for in the specifications.

b) The quoted rates for all items of works in the schedule shall also include the following unless

otherwise specified:

i) Working in/under water, liquid mud, foul conditions, etc. and shall also include

bailing or pumping out of water from the excavations/foundations or any other

place of construction site and the excavated area/works executed below ground

level shall be kept free from such water, till the completion of work, including all

suspension period and days whatsoever.

ii) Execution of works at all heights, levels and depths in all shapes, sizes and sections

and in congested area including all lead and lifts etc.

iii) Scattered works, including additions/alterations required at a later stage, leaving

openings, toothings, holes, curing, scaffolding, finishing of edges of switch boxes,

junction boxes and other similar works, as required and directed by the IRWO.

iv) All duties and taxes including Works Tax, Sales Tax, Turnover Tax, Excise duties, VAT,

Octroi and other levies notified by Central and / or State Govt., Local Bodies and

Other Authorities and applicable on date of submission of tender.

c) The Developer for carrying out any construction work in Uttar Pradesh must get themselves

registered from the Registering Officer under Section-7 of the Building and Other

Construction Workers’ Act, 1996 and rules made thereto by the Uttar Pradesh Government

and submit Certificate of Registration issued from the Registering Officer of the Uttar

Pradesh Government (Labour Department). In terms of the Act, the Developer shall be

required to pay cess @ 1% of cost of construction work to be deducted from each bill. Cost

of material shall be outside the purview of cess, when supplied under a separate schedule

item.

2.15 GUARANTEES

2.15.1 Quality of work

The Developer shall guarantee that the materials and workmanship are the best of their respective

kinds for the service intended and that all items of work will be free from all inherent defects in



workmanship and materials. He shall also guarantee that the work will not fail in any respect due to

quality of material, workmanship and methods of construction. The specifications assume a proper

degree of skill on the part of Developer and workmen employed. The Developer shall consult the

IRWO, whenever in his judgment variation in the methods of construction or in the quality of the

materials would be beneficial, if necessary, to fulfill the guarantees called for. Such variations may

be made by the Developer only when authorized by the IRWO in writing.

2.15.2 Rejection

During the period of maintenance any work or material shall fail in any respect to meet the above

guarantee, the Developer shall replace such work or material in a condition, which will meet the

above guarantee, immediately.

2.15.3 Cost of Execution of work or repair etc

All work or repair shall be carried out by the Developer at his own expense if the necessity thereof

shall in the opinion of the IRWO be due to the use of materials or workmanship not in accordance

with the contract or on account of neglect or failure on the part of the Developer to comply with any

obligation expressed or implied on the Developer’s part under the contract. If in the opinion of the

IRWO such necessity shall be due to any other cause, the value of such work shall be ascertained

and paid for as if it were additional work.

2.15.4 Remedy on Developer’s failure to carry out works required

If the Developer fails to do any such work, or repair, as aforesaid required by the IRWO, the IRWO

shall be entitled to carry out such works or repair at the Developer’s cost. The IRWO shall be entitled

to recover from the Developer the cost thereof or may deduct the same from any money due or that

may become due to the Developer.

2.16. Insurance for works and damages to persons and property:

2.16.1. Insurance for works:

The Developer at the time of signing the contract or before commencing the execution of the work,

without limiting his obligations and responsibilities shall insure the works at his own cost and keep

them insured not only until the virtual completion of the contract but up to satisfactory completion

of the defect liability period including extended defect liability period, if any, against all acts of God

including Fire, Theft, Riots, War, Floods, etc. with Nationalised Insurance Agency in the joint names

of the IRWO and Developer (the name of the Tender Former being placed first in the policy) for the

full amount of the contract and inclusive of the full market value of the materials to be supplied free

of cost by the IRWO. Such policy shall cover the risks linked to the property of the IRWO, fees for

assessing the claim and in connection with Developer’s services generally therein. This policy,

however, shall not cover any property of the Developer or of any sub-Developer or their employees.



2.16.2. Insurance in respect of damages to persons and property :

The Developer shall be responsible for all injury to persons, animals or things and for all structural

and decorative damage to property which may arise from the operation or neglect of himself or of

any approved sub-Developer’s or Employee’s, whether such injury or damage arise from

carelessness, accident or any other cause whatsoever in any way connected with the carrying out of

this contract. The clause should be held to include any damage to buildings, whether immediately

adjacent or otherwise, and any damage to roads, streets, footpaths, bridges, sewerage, water supply

& other services and works Tender Forming the subject of this contract by frost or other inclemency

of the weather. The Developer shall indemnify the IRWO and hold him harmless in respect of all and

any expenses arising from any such injury or damage to persons or property as aforesaid and also in

respect of any claims made in respect of injury or damage under any Acts of Government or

otherwise and also in respect of any award of compensation of damages consequent upon such

claims.

The Developer shall reinstate all damages of every sort mentioned in this clause, so as to deliver up

the whole of the contract works complete and perfect in every respect and so as to make good or

otherwise satisfy all claims for damage to the property of third parties.

The Developer shall indemnify the IRWO against all claims which may be made against the IRWO by

any member of the public or other third party in respect of works in consequence thereof and shall

at his own expense arrange to effect and maintain, not only until the virtual completion of the

contract, but up to satisfactory completion of the defect liability period including extended defect

liability period, if any, with any Nationalised Insurance Agency in the joint names of the IRWO and

the Developer against such risks and deposit such policy or policies with the IRWO from time to time

during the currency of this contract. The Developer shall similarly indemnify the IRWO against all

claims which may be made upon the IRWO whether under the Workmen’s Compensation Act or any

other statute in force during the currency of this contract or at common law in respect of any

employee of the Developer or any sub- Developer and shall at his own expense effect and maintain

with an approved office a policy of insurance in the joint names of the IRWO and the Developer.

(The name of the IRWO appearing being place first in the policy) against such risks and deposit such

policy or policies with the IRWO from time to time during the currency of the contract. The

Developer shall be responsible for anything which may be excluded from the Insurance Policies

above referred to and also for all other damages to any property arising out of and incidental to the

negligent or defective carrying out of this contract. The Developer shall also indemnify the IRWO in

respect of any cost charges or expenses arising out of any claim or proceedings and also in respect of

any award of/or compensation of damages arising there from.

If the Developer fails to comply with the terms of these conditions, the IRWO may insure the works

and may deduct the amount of the premiums paid from any moneys that may be payable or become

payable to the Developer or may as an option, not release running payment to the Developer until

the Developer shall have complied with the terms of this condition.

Such insurance, whether effected by the IRWO or the Developer will not limit or bar the liability and

obligation of the Developer to deliver the works to the IRWO complete in all respects according to

the contract. In case of loss or damage due to any of the aforesaid causes, the moneys payable

under any such insurance shall be then received and retained by the IRWO until the works are finally



completed and satisfactorily maintained during the defect liability period including extended defect

liability period, if any, and such moneys shall then be credited to the Developer in final settlement of

accounts.

The IRWO shall be at liberty and is empowered to deduct the amount of any damage, compensation

cost, charges and expenses arising or accruing from or in respect of any such claim or damage from

any sum or sums due to or become due to the Developer including the security deposit.

The Developer shall as soon as any claim under the policy is settled or the work reinstated by the

insurance office should elect to do so, proceed with all de diligence with the completion of the

works in the same manner as though misfortune/accident has not occurred and in all respects under

the same conditions of contract. The Developer in case of rebuilding or reinstatement after the

accident, shall be entitled to such extension of time from the IRWO as deemed fit.

The Developer shall deposit the original policy/policies and original receipts for the premium with

the IRWO within 21 (twenty one) days from the date of signing the contract/commencement of

execution of works or unless otherwise instructed by the IRWO.

The value of the insurance policy shall be of the contract value, excluding cost of land. However,

towards obtaining the policy, the Developer shall have the following options.

To obtain the policy for the full value of the work (excluding cost of land) stipulated in the contract

at first instance.

To obtain the policies in the following manner (excluding cost of land):

Policy worth 25% of the contract value before start of construction.

Policy worth 50% (cumulative) prior to completion of 25% of value of work done.

Policy worth 75% (cumulative) prior to completion of 75% of value of work done

Policy worth 100% (cumulative) prior to completing of 75% of value of work done which shall be

valid up to expiry of defect liability period.

3. CERTIFICATES AND PAYMENT

3.1 Stage-wise Payments

The Developer shall be entitled to be paid from time to time by way of “Stage-wise Payments” block

wise on pro-rata basis only for such works as in the opinion of the IRWO he has executed at site

subject to any deduction, which may be made from the same, as per the details indicated in Clause

15 of Section D of this Tender Document.

In Stage-I, an advance payment will be made to the Developer on signing of the Agreement, subject

to his furnishing an unconditional and irrevocable Bank Guarantee, as specified in Clause 15.3 (1) of

Section D.



In Stage-II, Developer will be paid for the land transferred to IRWO, as per details mentioned in

clause 15.3 (2) of Section D. Stage-III payments will be made as indicated in clause 15.3(3).

Payments in Stage-IV will be made, as per details indicated in Clause 15.4 of Section D, on the basis

of bills which shall be submitted by the Developer in the prescribed Performa approved by IRWO. No

Bill submitted incomplete or not in the prescribed manner will be entertained.

The bill shall be submitted by the Developer complete in all respects to the representative of IRWO

at the site office. After certification by IRWO’s representative, the same will be normally paid within

15 days of submission. The Developer shall, however, not be entitled for any interest or any other

compensation due to delayed payment.

Normally, on account payment for the work done by the Developer shall be made once a month,

provided that the gross value of the work done is not less than Rs. 2.5 crores.

3.2 Final Payment

Stage-V payment would be made on completion of requirements as indicated in Clause 15.3 (5) of

Section D and subject to the yardsticks mentioned in Clause 15.5 and on submission of bill duly

certified by IRWO’s representative at site.

The Stage-VI payment will be made on the basis of final certificate to be issued in writing by the

IRWO at the expiration of the period referred to as the “Defects Liability Period” from the date of

virtual completion or as soon as after the expiration of such period as the works shall have been

finally completed and all defects made good according to the true intent and meaning hereof

whichever shall last happen, provided always that the issue by the IRWO of any certificate during the

progress of the work and after the completion shall not relieve the Developer from his liability in

cases of fraud, dishonesty, or fraudulent concealment relating to the works or materials or to any

matter dealt within the certificate in case of all defects and insufficiencies in the works or materials

which reasonable examination could not have disclosed.

The net amount payable to the Developer against the Stage-V bill, as worked out after technical

check by IRWO shall be released after the Developer has rendered ‘No Claim Certificate’ (except for

the claim payable after the “Defects Liability Period”).

In case of termination/ rescinding of the contract, the Developer shall advise IRWO regarding the

extent of work done within seven days from the date of termination/ rescinding for joint verification

with the IRWO’s representative, failing which the IRWO’s representative will inspect the work after

giving due notice to the Developer of the date and time of the verification and in case the Developer

still fails to associate with the verification, then the certificate of verification so recorded by IRWO’s

representative shall be final and binding on the Developer.

3.3 Delayed payments

All payments as due to the Developer in pursuance of any certificate given by the IRWO shall be

made promptly unless some bill has been held up under objection in writing pending clarification or

reply from the Developer. All objections shall be resolved to the satisfaction of the IRWO if



necessary by holding meetings and discussions, minutes whereof shall be recorded. No interest,

however, shall be claimed or payable for such delayed payments.

3.4 Maintenance of Work

3.4.1 The Developer shall at all times during the progress and continuance of the works and also for the

period of maintenance (Defects Liability Period) specified in the Tender Form and after the date of

issue of the certificate of completion by the IRWO or any other earlier date subsequent to the

completion of the works that may be fixed by the IRWO be responsible for and effectually maintain

and uphold in good substantial, sound and perfect condition all and every part of the works and shall

make good from time to time at all times as often as the IRWO shall require, any damage or defect

that may during the above period arise in or be discovered or be in any way connected with the

works, provided that such damage or defect is not directly caused by act of providence or

insurrection or civil riot and the Developer shall be liable for and shall pay and make good to the

IRWO whenever required by the IRWO to do so, all losses, damages, costs and expenses they or any

of them may incur or be put to or be liable to by reason or in consequence of the operations of the

Developer or of his failure in any respect.

3.4.2 Handing Over Services and Site Development Works

The Developer shall hand over the site development works, i.e. sewerage, drainage, water supply

etc. to the concerned authorities in good substantial, sound and perfect conditions, as acceptable to

the concerned authorities at his own cost, including liaison with and arranging inspection by,

concerned local authorities.

3.5 Period of Maintenance for Complete Work

(Defects Liability Period)

The period of maintenance for the works shall be twelve months starting from the date of

completion of the work or as certified by the IRWO. However, for specialized works like water

proofing treatment and anti-termite treatments, the defects liability period shall be 10 (ten) years

from the date of completion of works as certified by the IRWO.

3.6 Contract Valid During Maintenance Period

The contract shall remain valid and in force until the expiry of maintenance period. (Defects Liability

Period)

3.7 Certificate of Completion of Works

3.7.1. As soon as the work is completed, the Developer shall give notice of such completion whether the

whole of the work or any part of the work for which a separate date of completion is stipulated in

the contract, to the IRWO. Within thirty days of receipt of such notice IRWO shall inspect the work

and shall arrange for carrying out of such tests that may be prescribed under the contract. If the

IRWO notices any incomplete items of works or any defects which are to be rectified by the

Developer or if any part of the works fails to pass the specified tests, IRWO shall furnish to the



Developer list of all such incomplete works, deficiencies, defects, failure to pass test etc. and may

refuse issue of certificate of completion to the Developer, provided however, that such certificate

shall not be refused only on the grounds of any defects in the work required to be carried out in

respect of contracts/items wherein a specific defect liability period is provided for . If in the opinion

of IRWO the work shall have been satisfactorily completed, its final test or tests that may be

prescribed, the IRWO shall issue a certificate of completion indicating the date of completion.

3.7.2. Defect liability period, if any, shall commence from the date of such certificate. In case separate

periods of completion have been specified for items or groups, the IRWO shall issue separate

Completion Certificate for such items or groups of items. No certificate of completion shall be issued

nor shall work be considered to be complete till the Developer shall have removed from the

premises on which the work has been executed all scaffoldings, sheds and surplus materials except

such as are required for rectification of defects, rubbish and all huts and sanitary arrangements

required for his workmen at the site in connection with the execution of the work as shall have been

erected by the Developer or the workmen and cleaned all dirt from the parts of buildings in, upon or

about which the work has been executed or of which he may have cleaned floors, gutters and

drains, cased doors and sashes, oiled locks and fastenings labeled keys clearly, hand them over to

the IRWO or his representatives and made the whole premises fit for immediate occupation for use

to the satisfaction of the IRWO. If the Developer shall fail to comply with any of the requirements of

these conditions as aforesaid, on or before the date of completion of the works, the IRWO may at

the expense of the Developer fulfill such requirements and dispose of the scaffoldings, surplus

materials and rubbish etc, as he thinks fit and the Developer shall have no claim in respect of any

such scaffoldings or surplus materials except for any sum actually realized by the sale thereof less

the cost of fulfilling the requirements and any other amount that may be due from the Developer. If

the expenses of fulfilling such requirements are more than the amount realized on such disposal as

aforesaid, the Developer shall forthwith on demand pay such excess.

3.7.3. If at any time before completion of the entire work, items or group of items for which separate

periods of completion have been specified have been completed, the IRWO shall take possession of

any part or parts of the same (any such part (s) being hereinafter in the condition referred to as “the

relevant part’”) then not-withstanding anything expressed or implied elsewhere in this contract.

3.7.4. Within thirty days of the date of completion of such items or groups of items or of possession of the

relevant part, the IRWO / IRWO shall issue Completion Certificate for the relevant part as in

condition above provided the Developer fulfills his obligations under that condition for the relevant

part.

3.7.5. The defect liability period in respect of such items and the relevant part shall be deemed to have

commenced from the certified date of completion of such items or the relevant part as the case may

be.

3.7.6. The Developer may reduce the value insured by the full value of the completed items or relevant

part as estimated by the IRWO for this purpose. This estimate shall be applicable for this purpose

only and for no other purpose.

3.7.7. On completion of the work, the individual dwelling units shall be handed over by the Developer to

the respective allottees individually in presence of I.R.W.O’s authorized representative within the



defect liability period. However, if the particular allottee does not turn up for taking possession of

the dwelling unit or the allotment of the said dwelling unit has not been issued by I.R.W.O. during

the defect liability period, the possession of the same shall be handed over by the Developer to

I.R.W.O’s authorized representative.

3.8 Developer Not Absolved By Completion Certificate

The Certificate of Completion in respect of the works referred to in clause 3.7 shall not absolve the

Developer from his liability to make good any defects, imperfections shrinkage or faults which may

appear during the period of maintenance specified in the tender arising in the opinion of the IRWO

from materials or workmanship not in accordance with the Drawings or specifications or instructions

of the IRWO which defects, imperfections, shrinkage or faults shall upon the directions in writing of

the IRWO be amended and made good by the Developer at his own cost and in case of default on

the part of the Developer, the IRWO may employ labour and material or appoint another Developer

to amend and make good such defects, imperfections, shrinkage and faults and all expenses

consequent thereon and incidental thereto shall be borne by the Developer and shall be recoverable

from any amount due to him under the contract.

Any defect shrinkage, settlement or other faults which may appear within the “Defects Liability

Period”, or within twelve months after the virtual completion of the works arising in the opinion of

the IRWO from materials, or workmanship not in accordance with the contract shall upon the

directions in writing of the IRWO and within such reasonable time as shall be specified therein, be

amended and made good by the Developer, at his own cost and unless the IRWO in consultation

with their IRWO shall decide that he ought to be paid for such amending and making good, and in

case of default the IRWO may employ and pay other persons to amend and make good such

damage, loss and all expenses shall be recoverable from him by the IRWO upon the IRWO’s

Certificate in writing from any moneys due or that any become due to the Developer, or the IRWO in

lieu of such amending and making good by the Developers deduct from any money due to the

Developer a sum to the determined by the IRWO equivalent to the cost of amending such work and

in the event of the amount retained being insufficient, recover the balance from the Developer

together with any expenses the IRWO may have incurred in connection therewith. Should any

defective work have been done or material supplied by any sub-Developer employed on the works,

the Developer shall be liable to make good in the same manner as if such work or material had been

done or supplied by the Developer. The defect liability period would automatically extend till the

defects pointed out during defect liability period are made good to the satisfaction of IRWO. The

Developer shall remain liable under the provision of this clause not-withstanding the signing by the

IRWO of any certificate or the passing of any accounts.

3.9 Approval only by maintenance Certificate

No certificate other than the maintenance certificate referred to in clause 3.10 of these conditions

shall be deemed to constitute approval of any work or other matter in respect of which it is issued or

shall be taken part thereof or of the accuracy of any claim or demand made by the Developer or

additional or varied work having been ordered by the IRWO nor shall any other certificate conclude

or prejudice any of the powers of the IRWO.



3.10 Cessation of IRWO’s Liability

The IRWO shall not be liable to the Developer for any matter arising out of or in connection with the

contract or the execution of the works unless the Developer shall have made a claim in writing in

respect thereof before the issue of the maintenance certificate under the clause.

3.11 Unfulfilled Obligations

Notwithstanding the issue of the maintenance certificate to the Developer, the Developer shall

remain liable for the fulfillment of any obligation incurred under the provisions of the contract prior

to the issue of the maintenance certificate which remains affirmed at the time such certificate is

issued and for the purposes of determining the nature and extent of any such obligations, the

contract shall be deemed to remain in force between the parties hereto

3.12 Records to be produced by the Developer for Inspection

The Developer shall whenever required by the IRWO or his authorised representatives, produce or

cause to be produced for examination any quotation, invoice cost or other accounts, books,

vouchers, receipts, letters, memorandum or any copy of or extract from any such documents and

also furnish information as may be required relating to the execution of this contract or relevant for

verifying or ascertaining that materials supplied by the Developer are in accordance with the

specifications laid down in the contract. The IRWO's decision on the question of relevancy of any

documents or information or returns will be final and binding on the Developer.

If any part of the item of the work is allowed to be carried out by a sub-Developer or any subsidiary

or allied firm, the IRWO shall have power to scrutinize the books of such sub-Developer or any

subsidiary or allied firm through the Developer and shall have power to examine and inspect the

same.

The obligations imposed above are without prejudice to the obligations of the Developer under any

statute, rules or orders binding on the Developer.

3.13 Withholding and Lien in Respect of sums claimed

Whenever any claim or claims for payment of a sum of money arises out of or under the contract

against the Developer, the IRWO shall be entitled to withhold and also have a lien to retain such sum

or sums in whole or in part from the security, if any, deposited by the Developer, and for the

purpose aforesaid, the IRWO shall be entitled to withhold the said cash Security Deposit or the

security in any other Tender Form including Bank Guarantee and also have a lien over the same

pending finalization or adjudication of any such claims. In the event of the security being insufficient

to cover the claim amount or amounts or if any Security deposit has been taken from the Developer,

the IRWO shall have the right to withhold and have a lien to retain to the extent such claim amounts

from any sum or sums, found payable or which any time with any other office, subsidiary of the

IRWO thereafter may become payable to the Developer either alone or jointly with other under the

same contract or any other contract with the IRWO or pending finalization or adjudication of any

such claims.



It is an agreed term of the contract the amount so withheld or retained under the lien referred to

above by the IRWO shall be kept withheld or retained by the IRWO till the IRWO’s claim arising out

of or under the contract are mutually settled or determined by the Arbitrator (If the contract is

governed by the arbitration clause) or by the competent court, as the case may be, and that the

Developer will have no claim for interest or damages, whatsoever, on any account in respect of such

withholding or retention under the lien referred to above and duly notified as such to the Developer.

For the purpose of this clause, where the Developer is a partnership firm or a limited company, the

IRWO shall be entitled to withhold and also have a lien to retain towards such claimed amount or

amounts in whole or in part from any sum found payable to any partner / limited company, as the

case may be, whether in his individual capacity or otherwise.

3.14 Lien in respect of Claim in other Contract

Any sum or money due and payable to the Developer either alone or jointly with other including the

Security Deposit returnable to him, under the contract, may be withheld or retained by way of lien

by the IRWO against any claim of IRWO or in respect of payment of a sum of money arising out of or

under any other contract made by the Developer with the IRWO or any other office or subsidiary of

the IRWO. It is an agreed term of the contract that the sum of money so withheld or retained under

this clause by the IRWO shall be kept withheld or retained by the IRWO till the claim arising out or

any other contract is either mutually settled or determined by the Arbitrator (if the Developer is

governed by the arbitration clause) or by the competent court, as the case may be and the

Developer shall have no claim for interest or damages, whatsoever on any account or on any other

account in respect of any sum of money withheld or retained under this clause duly notified to the

Developer.

3.15 Signature of Receipts for Amounts

Every receipt of money which may become payable or for any security which may become

transferable to the Developer under this contract shall if signed in the partnership name by any of

the partners of a Developer, firm or by a person (holding power of attorney if the Developer’s firm is

a limited company) be a good and sufficient discharge to the IRWO in respect of money or security

purported to be acknowledged thereby. In the event of the death of any other partners during the

currency of the contract, it is hereby expressly agreed that every receipt by any one of the surviving

partner shall, so signed as a foresaid be binding. Nothing in this clause shall be deemed to prejudice

or affect any claim which the IRWO may hereinafter have against the legal representative of any of

the Developer’s partners so doing, for or in respect of breach of any of the conditions of the

contract, provided also that nothing in this clause extinguishes rights or the obligations of the

Developer’s partners and of the legal heirs/representative or any deceased Developer/Partner(s) to

the IRWO.

4. LABOUR

4.1 Compliance with Labour Laws

Developer and its employees shall comply with all laws and statutory regulations dealing with the

employment of labour, including, but not limited to:



The Payment of Wages Act, 1936

The Minimum Wages Act, 1948

The Workmen’s Compensation Act, 1923

Employer’s Liability Act, 1938

Industrial Disputes Act, 1947

Maternity Benefit Act 1961

Mines Act, 1952

The Employees State Insurance Act, 1948,

Employee’s Provident Fund Scheme.

Child labour (Prohibition & Regulation) Act-1986

The Contract Labour (Regulation and Abolishing) Act, 1970 & Contract Labour (Regulations &

Abolition) Central Rules, 1971.

Building and other construction worker’s welfare cess Act 1996.

Safety codes, Labour welfare Acts or Rules or any modification thereof, any other Laws &

Regulations framed by the competent Legislative Authorities from time to time.

4.2 Rest Days and Default Under Labour Laws

So far as practicable, the Developer shall observe days of rest for the labour so as to coincide with

the days of rest specified by the IRWO on having received report from the competent inspecting

officer as defined under any / all of the above Acts, shall have the power to deduct from the money

due to the Developer any sum required or estimated to be required for making good the loss

suffered by the worker/workers for the non fulfillment of the conditions of the contract for the

benefit of the workers, non payment of the wages. The Developer shall indemnify IRWO against any

payments to be paid under and for the observance of regulations aforesaid without prejudice to his

right to claim indemnity from his sub-Developers.

4.3. (i) Developer shall require its employees to obey all applicable laws, including those concerning safety

at work.

(ii) IRWO shall not be liable for any acts or omissions of the Developer and its employees in

complying with the relevant labour laws, rules and regulations.



4.4 Engagement of Labour

4.4.1. The Developer shall employ labour in sufficient numbers either directly or through subcontractors,

where such subletting is permitted to maintain the required rate of progress and quality to ensure

workmanship of the degree specified in the contract and to the satisfaction of the IRWO. The

Developer shall not employ in connection with the works any person who has not completed his

seventeenth year of age.

4.4.2. The Developer shall indemnify the IRWO against any payment to be made under and for observance

of the Regulations aforesaid without prejudice to his right to claim indemnity from his sub-

Developers.

4.5. Completion Drawings.

The Developer shall be required to submit the following as-built drawings on non-tearable film and

soft copies in CD(s) on completion of works:

(a) Electrical works

(b) Water supply works

(c) Sewerage Works.

(d) Fire fighting works

(e)All Architechtural and Structural plans for the project..

5. DETERMINATION OF CONTRACT

5.1 Right of IRWO to Determine Contract

The IRWO shall be entitled to determine and terminate the contract at any time should in the

IRWO’s opinion, the cessation of work becomes necessary owing to paucity of funds or from any

other cause, whatsoever, in which case the value of approved materials at site and of work done to

date by the Developer will be paid for in full based on a joint assessment by IRWO and Developer’s

representatives. Notice in writing from the IRWO of such determination and the reason therefore

shall be conclusive evidence thereof.

5.2 Payment on Determination of Contract

Should the contract be determined under sub-clause 5.1 of this Clause, the Developer shall have no

claim to any payment of compensation or otherwise howsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which he did not

derive in consequence of determination of the contract. The IRWO’s decision on the necessity and

propriety of such expenditure shall be final and conclusive.

5.3 Determination of Contract Owing To Default of Developer

If the Developer should:

i) become bankrupt or insolvent of



ii) make an arrangement with or assignment in favour of his creditors, or agree to carry out the

contract under a Committee of Inspection of his creditors, or

iii) being a company or corporation, go into liquidation (other than a voluntary liquidation) for

the purpose of amalgamation or reconstruction, or

iv) have an execution levied on his goods or property on the works, or

v) assign the contract or any part thereof otherwise than as provided in these conditions, or

vi) abandon the contract, or

vii) persistently disregard the instructions of the IRWO or contravene any provision of the

contract, or

viii) fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period

or

ix) fail to remove materials from the site or to pull down and replace work after receiving from

the IRWO notice to the effect that the said materials or works have been condemned or

rejected

x) fail to afford the IRWO or IRWO’s representative proper facilities for inspecting the work or

any part thereof as required or

xi) Promise, offer to give any bribe, commission, gift or advantage either himself or through his

partner, agent or servant to any officer or employee of the IRWO or to any person of his or

on their behalf in relation to the execution of this or any other contract with the IRWO.

5.4 Procedure of Determination of Contract

Then and in any of the said cases, the IRWO on behalf of the IRWO may serve the Developer with a

notice in writing to that effect and if the Developer does not within seven days after the delivery to

him of such notice proceed to make good his default in so far, as the same is capable of being made

good and carry on the work or comply with such directions as aforesaid to the entire satisfaction of

the IRWO, the IRWO shall be entitled after giving 48 hours notice in writing under the hand of the

IRWO, (to rescind the contract as a whole or in part or parts as may be specified in such notice) and

adopt either or both of the following courses:

a) To carry out the whole or part of the work from which the Developer has been removed by

the employment of the required labour and materials, the cost of which shall include lead,

lift, freight supervision and all incidental charges.

b) To measure up the whole or part of the work from which the Developer has been removed

and to get it completed by another Developer. The manner and method, in which such work

is completed, shall be at the entire discretion of the IRWO whose decision shall be final.



And in both the cases (a) & (b) mentioned above, IRWO shall be entitled to forfeit the whole of the

Security Deposit/encash the Bank Guarantee in case the Security Deposit has been submitted in the

form of a Bank Guarantee as it may consider fit and also encash the Bank Guarantee for

Performance Guarantee.

Provided always that in any case in which any of the powers conferred upon the IRWO by sub clause

5.1 shall have become exercisable and the same shall not be exercised, the non exercise, thereof

shall not constitute a waiver of any of the condition thereof and such powers shall notwithstanding

be exercisable in the extent of any future case of default by the Developer for which his liability for

past and future shall remain unaffected.

5.5 Right of IRWO after Rescission of Contract Owing To Default of the Developer

In case of any or several of the courses, referred to in sub-clause 5.4 are being adopted.

a) The Developer shall have no claim to compensation for any loss sustained by him by reason

of his having purchased or procured any materials or entered into any commitments or

made any advances on account of or with a view to the execution of the work or the

performance of the contract and the Developer shall not be entitled to recover or be paid

any sum for any work there to or actually performed under the contract unless and until the

IRWO shall have certified the performance of such work and the value payable in respect

thereof and the Developer shall only be entitled to be paid the value so certified.

b) The IRWO or the IRWO’s representative shall be entitled to take possession of any materials,

tools, implements, machinery and buildings on the works or on the property on which these

are being or ought to have been executed, and to retain and employ any part thereof until

the completion of the work without the Developer being entitled to any compensation for

the use and employment thereof or for wear and tear or destruction thereof.

c) The IRWO shall, as soon as may be practicable after removal of the Developer fix and

determine ex-parte or by or after reference to the parties such investigation or inquiries as

he may consider fit to make or institute and shall certify what amount (if any) had at the

time of rescission of the contract been reasonably earned by or would reasonably accrue to

the Developer in respect of the work then actually done by him under the contract and what

was the value of any unused or partially used materials, any constructional plant and any

temporary works upon at site.

d) The IRWO shall not be liable to pay the Developer any money on account of the contract

until the expiration of the period of maintenance and thereafter until the cost of completion

and maintenance, damages for delay in completion (if any) and all other expenses incurred

by the IRWO have been ascertained and the amount thereof certified by the IRWO. Due to

non completion of work or breach of any of the terms of the contract, IRWO shall be entitled

to forfeit the whole of the Security Deposit/encash the Bank Guarantee in case the Security

Deposit has been submitted in the form of a Bank Guarantee as it may consider fit and also

encash the Bank Guarantee for Performance Guarantee.



6. SETTLEMENT OF DISPUTES

6.1 Conciliation and Arbitration:

6.1.1 Conciliation

6.1.1.1It is a term of this contract that Arbitration of disputes shall not be commenced unless an attempt has

first been made by the parties to settle such disputes through mutual settlement / conciliation

within a period of thirty (30) days.

6.1.1.2. If the Developer is not satisfied with the settlement by the IRWO on any matter in question, disputes

or differences, the Developer may refer to the Managing Director of IRWO in writing to settle such

disputes or differences through conciliation provided that demand for conciliation shall specify the

matters, which are in question or subject of the disputes or differences as also the amount of claim,

item wise. Only such disputes or differences in respect of which the demand has been made,

together with counter claim of IRWO shall be referred to Conciliator as the case may be and other

matters shall not be included in the reference.

6.1.1.3. Managing Director of IRWO may himself act as a Sole Conciliator or may decides to appoint another

person as Conciliator as the case may be.

6.1.1.4. If one or more Conciliator(s) appointed as above refuses to act or arbitrarily withdraw from his office

as Conciliator or vacates his/their office or offices or is/are unable or unwilling to perform his

functions as Conciliator(s) for any reasons, whatsoever or dies or in the opinion of Managing

Director, IRWO fails to act without undue delay, the Managing Director IRWO shall appoint new

Conciliator(s) in his/their place. Such reconstituted tribunal may, at its discretion, proceed with the

reference from the stage at which it was left by the previous Conciliator(s).

6.1.1.5 The demand for conciliation is subject to Arbitration and Conciliation Act, 1996 and the rules there

under and any statutory modification thereof shall apply to the Conciliation proceedings under this

clauses.

6.1.2 Arbitration

6.1.2.1. In the event of any dispute or difference between the parties hereto as the construction or

operation of this contract, or the respective rights and liabilities of the parties on any matter in

question, dispute or difference on any account to which the parties may claim to be entitled to, then

the disputed matters may be referred to arbitration, as per procedure laid down below:

The demand for arbitration shall specify the matters which are in question, dispute(s) or

difference(s) in respect of which the demand has been made, shall be referred to arbitration and

other matters shall not be included in the reference.

It is a term of the Contract that no person other than a person nominated by IRWO shall act as

Arbitrator and if for any reason that is not possible, the matter is not to referred to arbitration at all.

In case where the Developer has signed the final bill with “No Claim Certificate”, the matter will not



be referred to arbitration and in such cases, it will be a term of the Developer that there is no

arbitration clause at all.

6.1.2.2 In cases where the total value of all claims in question added together does not exceed Rs. 10 lacs

(Rupees Ten Lacs only) the Arbitral Tribunal consist of Sole/Arbitrator who shall be either the

Managing Director or any officer of IRWO nominated by the Managing Director on his behalf. The

sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for

arbitration is received by IRWO.

6.1.2.3 In case not covered by the above clause, the Arbitral Tribunal shall consist of a panel of three serving

or retired officers of Railway as the Arbitrators. For this purpose, IRWO will send a panel of more

than three names of officers to the Developer who will be asked to select / opt and suggest to

Managing Director of IRWO at least two names out of the panel for appointment as Developer’s

nominee. Managing Director shall appoint at least one out of them as Developer’s nominee and will,

also simultaneously appoint the balance number of Arbitrators either from the panel or from

outside the panel and the two appointed Arbitrator shall appoint the third Arbitrator who shall act

as the presiding Arbitrator.

6.1.2.4 If one or more Arbitrator(s) appointed as above refuse(s) to act as arbitrator(s), withdraw from his

office as Arbitrator or vacates his/their office or is/are unable or unwilling to per Tender Form

his/their function as Arbitrator(s) for any reasons, whatsoever or die(s), or in the opinion of

Managing Director fail(s) to act without undue delay, the Managing Director shall appoint new

Arbitrator / Arbitrator(s) to act in his/their place in same manner in which the earlier Arbitrator(s)

has been appointed. Such re-constituted Tribunal may, at its discretion, proceed with the reference

from the stage at which it was left by the previous Arbitrator(s).

6.1.2.5 The demand for Arbitration is subject to Arbitration and Conciliation Act, 1996 and the rules there

under and any statutory modification thereof shall apply to the Arbitration proceedings under this

clauses.

6.2. The language of proceedings, documents or communication shall be in English and the Awards shall

be made in English in writing. Conciliator/Arbitrator shall give the award which shall state item wise

the sum awarded and the reasons upon which it is based. The analysis and the reasons shall be

detailed enough so that award could be inferred there from.

6.3. The Conciliator/Arbitral Tribunal shall record day to day proceedings. Those proceedings shall

normally be conducted on the basis of documents and written statement.

6.4. The conciliation/arbitration proceedings shall be held at a place decided by Conciliator/Arbitrator.

6.5. The fees and other charges of the Conciliator/Arbitrator shall be as per the scale fixed by the IRWO

from time to time and shall be shared between the IRWO and the Developer.

6.6. The minimum qualification of Conciliator/Arbitrator shall be graduate in engineering. He may be

working OR retired officer with a minimum of 20 years in Group ‘A’ in engineering Services of

railways or equivalent in railway PSUs. He should be clear from the vigilance angle and should be a



person with reputation of high technical ability and integrity. Also he would not have associated

with the contract to which the disputes pertain.

6.7. It is a term of this contract that the Developer shall not approach any Court of law for settlement of

such disputes or differences unless an attempt has first been made by the parties to settle such

disputes or differences in accordance with the provisions of clause.

6.8. Obligations of IRWO and Developer shall not be altered by reasons of Conciliation/Arbitration being

conducted during the progress of works. Neither party shall be entitled to suspend the work on

account of conciliation/arbitration and payments to the Developer shall continue to be made in

terms of contract.

6.9. The award of Conciliator /Sole Arbitrator/Arbitral Tribunal unless challenged in the Court of Law

shall be binding on all parties.

6.10. Award

Conciliator(s) / Arbitrator(s) shall give the award which shall state item wise the sum awarded and

reasons upon which it is based.

6.11. Governing Law and Jurisdiction

This Tender document is governed by the laws of Republic of India and shall be subject to the

jurisdiction of the courts in Delhi.

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