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Bidding Document
National Competitive Bidding - NCB
(Two-Envelope Bidding Process with e-Procurement)
(Without Prequalification)

Fairway Maintenance of Ghazipur – Varanasi (133 Km)

stretch including Removal of Hard Strata
in National Waterway–1(River Ganga)

Contract Package no: IN - IWAI - 288445 – CW - RFB

June ’2024

Project Management Unit

Capacity Augmentation of the National Waterway – 1 Project (Jal Marg Vikas)
INLAND WATERWAYS AUTHORITY OF INDIA
(Ministry of Ports, Shipping & Waterways, Government of India)
Head Office: A-13, Sector – 1, Noida - 201301

Phone: 0120-2544004, Fax: 0120-2543976; website: [Link] ; email: [Link]@[Link]

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Inland Waterways Authority of India,

Ministry of Ports, Shipping & Waterways.
Government of India

PROJECT: Capacity Augmentation of National Waterway – 1

NATIONAL COMPETITIVE BIDDING

(Two-Envelope Bidding Process with e-Procurement)
File No: IWAI /WB/NW-1/14/12/2022
Bid no: - IN-IWAI- 288445 - CW-RFB

NAME OF WORK: Fairway Maintenance of Ghazipur – Varanasi (133 Km) stretch including
Removal of Hard Strata in National Waterway – 1 (River Ganga)
PERIOD OF SALE OF BIDDING FROM (04.06.2024) on wards
DOCUMENT
TIME AND DATE OF PRE-BID DATE (18.06.2024) TIME 15.00 HOURS
MEETING
LAST DATE AND TIME FOR DATE ( 05.07.2024) TIME 15.00 HOURS
RECEIPT OF BIDS
* TIME AND DATE OF OPENING DATE (05.07.2024) TIME 15.30 HOURS
OF BIDS – Technical Part
. The firms that qualify technically shall be notified subsequently for opening of the financial
part of their bids.

PLACE OF OPENING OF BIDS IWAI, A-13 Sector-1 ; Noida

OFFICER INVITING BIDS: -

Vice Chairman & Project Director (JMVP)
Inland Waterways Authority of India,
A – 13, Sector – 1,
Noida – 201301, Uttar Pradesh – INDIA
Telephone No.: (91) 0120-2424544 Email.: [Link]@[Link]

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INLAND WATERWAYS AUTHORITY OF INDIA

(Ministry of Ports, Shipping and Waterways, Government of India)
PROJECT: Capacity Augmentation of National Waterway – 1

INVITATIONS FOR BIDS (IFB)

E-Procurement Notice
(Two Envelope Bidding Process with e-Procurement)
NATIONAL COMPETITIVE BIDDING

Name of the Project: Capacity Augmentation of National waterway - 1

Contract Title: Fairway Maintenance of Ghazipur – Varanasi (133 Km) stretch including
Removal of Hard Strata in National Waterway – 1 (River Ganga)

Loan No: 8752 – IN

Bid No: IN-IWAI-288445-CW-RFB Date: 03.06.2024
File No: IWAI /WB/NW-1/14/12/2022
Estimated Cost :- 102,98,29,294/- W/o Taxes
1. The Government of India has received a loan from the World Bank towards the cost
of the Capacity Augmentation of National Waterway – 1, Project and intends to apply
a part of the funds to cover eligible payments under the contract1 for construction of
works as detailed below.
Fairway Maintenance of Ghazipur – Varanasi (133 Km) stretch including Removal of
Hard Strata in National Waterway – 1 (River Ganga)

2. Bidding will be conducted through National Competitive Bidding procedures agreed

with the World Bank. Bidding is open to all eligible bidders as defined in the World
Bank’s Guidelines: Procurement of Goods, Works and Non-Consulting Services under
IBRD Loans and IDA Credits & Grants by World Bank Borrowers, January
2011_Revised July 2014.
3. Interested eligible bidders may obtain further information from Inland Waterways
Authority of India, Ministry of Ports, Shipping and Waterways, Government of India;
Project Director, e-mail [Link]@[Link]. Bidders are advised to note the clauses on
eligibility (Section I Clause 4) and minimum qualification criteria (Section III –
Evaluation and Qualification Criteria), to qualify for the award of the contract.
Additional details are provided in the Bidding Documents.
1. Average annual turnover during last five years ending 31st March of the
previous financial year (FY 2022-23), should be INR 30.89 Crore (INR Thirty
Crore, Eighty Nine lac)

1
Substitute “contracts” where Bids are invited concurrently for multiple contracts. Add a new para. 5as follows:
“Bidders may bid for one or several contracts, as further defined in the bidding document. Bidders wishing to offer
discounts in case they are awarded more than one contract will be allowed to do so, provided those discounts are
included in the Letter of Bid.” and renumber paras 5–12.

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2. Similar works such as those pertaining to General Dredging and hard strata
removal Experience in Ports / River / Lakes/ Canals/ Water Bodies, including
Management of Vessel and Manning of Vessel or Vessel related Marine Works
or River Dredging and management of dredging materials or Dredged
material used in reclamation of port / harbour during last 7 years ending last
day of month previous to the one in which this tender is invited should be either
of following:
Three similar works each costing not less than INR 13.73 crores
Or Hard strata Dredged Quantity of 1,60,517 cum
OR
Two similar works each costing not less than INR 17.16 crores or
Or Hard strata Dredged Quantity of 2,00,647 cum

One similar work costing not less than INR 27.46 crores.
Or Hard strata Dredged Quantity of 3,21,034 cum

3. Cash Flow for minimum of (3) three months of operation INR 8.58 crores

4. Inland Waterways Authority of India, Ministry of Ports, Shipping and Waterways,

Government of India (Implementing Agency) invites online bids for the work detailed
below in the table. The bidders may submit bids for any or all of the works indicated
therein. Interested bidders may obtain further information and inspect the bidding
documents at the address given below during office hours.

5. Complete set of Bidding Documents is freely available on the NIC Portal in English
may be downloaded by the interested bidders from NIC- e-procurement portal, free cost.
However, to participate in the tender, bidder has to pay a non-refundable fee of Rs.
6000/-. The method of payment will be Demand Draft, to be submitted along with the
bid.
6. For submission of the bid, the bidder is required to have Digital Signature Certificate
(DSC) from one of the Certifying Authorities authorised by Government of India for
issuing DSC. Aspiring bidders who have not obtained the user ID and password for
participating in e-procurement in this Project, may obtain the same from the website:
[Link] A non-refundable fee of Rs. 6000/-
(inclusive of tax) , is required to be paid. The method of payment will be Demand Draft.
Payment documents are to be submitted along with other documents listed in paragraph
9 below before the bid submission deadline.
7. All Bids must be accompanied by a bid security of the amount specified for the work in
the table below, drawn in favour of Inland Waterways Authority of India, Ministry of
Ports, Shipping and Waterways, Government of India. Bid security will have to be in
any one of the forms as specified in the bidding document and shall have to be valid for
45 days beyond the validity of the bid. Procedure for submission of bid security is
described in Para 9.
8. Bids comprise two Parts, namely the Technical Part and the Financial Part, and both
parts must be submitted simultaneously online CPPP Portal online
[Link] (website) on or before 15.00 hours on
05.07.2024 and the ‘Technical Part’ of the bids will be publicly opened online on the

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same day at 15.30 hours, in the presence of the bidders designated representatives who
wish to attend. The “Financial Part” shall remain unopened in the e-procurement system
until the second public Bid opening for the financial part. Any bid or modifications to
bid (including discount) received outside e-procurement system will not be considered.
If the office happens to be closed on the date of opening of the bids as specified, the bids
will be opened on the next working day at the same time and venue. The electronic
bidding system would not allow any late submission of bids.

9. The bidders are required to submit (a) original payment documents towards the cost of
bid document; and registration on e-procurement website (if applicable); (b) original bid
security in approved form; and (c) original affidavit regarding correctness of
information furnished with bid document with Project Director (JMVP), A-13, Sector-
1, NOIDA– 201301, Gautam Buddha Nagar, UP before the bid submission deadline,
either by registered post/speed post/courier or by hand, failing which the bids will be
declared non-responsive and will not be opened.
10. A pre-bid meeting will be held on 18.06.2024 at the office of Inland Waterways
Authority of India, NOIDA to clarify the issues and to answer questions on any matter
that may be raised at that stage as stated in ITB Clause 7.4 of ‘Instructions to Bidders’
of the bidding document. Bidders are advised to download the bidding document prior
to the pre-bid meeting in order for bidders to have a good understanding of the scope of
work under this contract for discussion and clarification at the pre-bid meeting.
11. Other details can be seen in the bidding documents. The Employer shall not be held
liable for any delays due to system failure beyond its control. Even though the system
will attempt to notify the bidders of any bid updates, the Employer shall not be liable
for any information not received by the bidder. It is the bidders’ responsibility to verify
the website for the latest information related to this bid.
12. The address for communication is as under:
Vice Chairman & Project Director, Jal Marg Vikas Project
Inland Waterways Authority of India
A-13, Sector-1, Noida, Gautam Buddha Nagar, UP - 201301
+91 120 2424544 Email: [Link]@[Link]

Package Name of Work Bid Security * Cost of Document Period of

No Rs Rs. Completion
1 2 3 4 5
IN -IWAI - Fairway Maintenance of INR INR 6,000/- 3 years
288445 CW- Ghazipur – Varanasi (133 2,05,96,586.00 inclusive of
RFB Km) stretch including GST
Removal of Hard Strata in
National Waterway – 1
(River Ganga)

Seal of office

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Part I – Bidding Procedures

TABLE OF CONTENTS

VOLUME–1: BIDDING DOCUMENT

Descriptions Page No.

Part 1 – Bidding Procedures 3

Section I. Instructions to Bidders

5
Section II. Bid Data Sheet
33
Section III. Evaluation and Qualification Criteria
45
Section IV. Bidding Forms & Bill of Quantity
97

Section V. Eligible Countries

104
Section VI. Bank Policy – Corrupt and Fraudulent Practices
114
Part 2 - Section-VII Description of Services
Part -I – Scope of work 116

Part -II - TECHNICAL SPECIFICATION 130

Section-VIII General Conditions of Contract together with Schedules

175
Section-IX Particular Conditions of Contract
205
Appendixes
238
Section-X Contract Forms
170
Salient Features pf Labour & Environment Protection Laws 171

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Section I. Instructions to Bidders

Table of Clauses

Section I - Instructions to Bidders..................................................................................10

General...................................................................................................................................10
1. Scope of Bid ...............................................................................................................10
2. Source of Funds ........................................................................................................10
3. Corrupt and Fraudulent Practices...........................................................................11
4. Eligible Bidders ..........................................................................................................11
5. Eligible Materials, Equipment and Services ..........................................................14

Contents of Bidding Document .......................................................................................14

6. Sections of Bidding Document ................................................................................14
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting ..........................15
8. Amendment of Bidding Document ..........................................................................16

Preparation of Bids .............................................................................................................16

9. Cost of Bidding ..........................................................................................................16
10. Language of Bid ........................................................................................................17
11. Documents Comprising the Bid ..............................................................................17
12. Process of Bid Submission ......................................................................................18
13. Alternative Bids ..........................................................................................................19
14. Bid Prices and Discounts .........................................................................................19
15. Currencies of Bid and Payment ..............................................................................20
16. Documents Comprising the Technical Proposal ..................................................21
17. Documents Establishing the Qualifications of the Bidder ...................................21
18. Period of Validity of Bids ..........................................................................................21
19. Bid Security ................................................................................................................21
20. Format and Signing of Bid .......................................................................................24

Online Submission and Opening of Bids .....................................................................24

21. Preparation of Bids ...................................................................................................24
22. Deadline for Submission of Bids .............................................................................25
23. Late Bids .....................................................................................................................25
24. Withdrawal, Substitution, and Modification of Bids ..............................................25
25. Public Opening of Technical Parts of Bids ............................................................26

F. Evaluation of Bids – General Provisions .................................................................26

26. Confidentiality ............................................................................................................26
27. Clarification of Bids ...................................................................................................27
29. Nonconformities, Errors, and Omissions ....................................................................27
30. Evaluation of Technical Parts .....................................................................................28
31. Determination of Responsiveness ...............................................................................28
32. Qualification of the Bidder .............................................................................................28
33. Subcontractors ................................................................................................................29
34. Public Opening of Financial Parts ................................................................................29

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35. Evaluation of Financial Parts ........................................................................................30

36. Correction of Arithmetical Errors ..................................................................................31
37. Conversion to Single Currency.....................................................................................31
38. Margin of Preference .....................................................................................................31
39. Comparison of Financial Parts .....................................................................................32
40. Unbalanced or Front-Loaded Bids ...............................................................................32
41. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids .......................32

J. Award of Contract ..........................................................................................................32

42. Award Criteria..................................................................................................................32
43. Notification of Award ......................................................................................................32
44. Signing of Contract, Publication of award and Recourse to unsuccessful Bidders32
45. Performance Security ....................................................................................................33
46. Adjudicator .......................................................................................................................34
Table of Forms .......................................................................................................................259

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ABBREVETIONS
GOI Government of India
MOS Ministry of Shipping
IWAI Inland Waterways Authority of India
WB World Bank
JMVP Jal Marg Vikas Project
PMU / PMC Project Management Unit./ Project Management Consultant
NW-1 National Waterways-1 ( River Ganga)
CPPP Central Public Procurement Portal.
INR Indian National Rupee
NCB National Competitive Bid.
ICB International Competitive Bid
IFB Invitation for Bid
QC /QR Qualifying Criteria / Qualifying Requirements
ATO Annual Turn Over
NIT Notice Inviting Tender
LAD Least Available Depth
RFB Request for Bid
ITB Instruction to Bidder
BDS Bid Data Sheet
EMD Earnest Money Deposit / Bid Security
GCC General Condition of Contract.
PCC Particular Condition of Contact.
ESHS Environment, Social, Health & Safety
ESIA Environment & Social Impact Assessment.
MSIP Management Strategies & Implementation Plan
C-ESMP Contractor’s Environment & Social Management Plan.
CPG Contract Performance Guarantee
JV Joint Venture
GBV Gender Base Violence
SEA Sexual Exploitation and Abuse.
DMP Dredging Management Plan
IHO International Standard for Hydrographic Surveys
OHSAS Occupational Health & Safety Assessment Series
EMS Environmental Management System
IADC International Association of Dredging Companies
SMC Safety Management Certificate
DOC Document of Compliance
GST Goods & Service Tax
BOCW Building & Other Construction Worker
CPI Consumer Price Index
WPI Wholesale Price Index
EIC Engineer in charges
TSSC Technical Support & Supervisory Consultant.
CSD Cutter Suction Dredger

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Section I - Instructions to Bidders

General
1. Scope of Bid 1.1 The Employer, as indicated in the BDS, issues this Bidding
Document for the procurement of the Works as specified in
Section VII (Works’ Requirements) & Invitation for Bids (IFB).
The name, identification, and number of lots (contracts) of
this bidding are specified in the BDS.

1.2 Throughout this Bidding Document:

(a) the term “in writing” means communicated in written form
and delivered against receipt;
(b) except where the context requires otherwise, words
indicating the singular also include the plural and words
indicating the plural also include the singular;
(c) “day” means calendar day;
(d) “ES” is an acronym for environmental and social (including
Sexual Exploitation, and Assault (SEA));
(e) “Sexual Exploitation and Assault” “(SEA)” stands for the
following:
(i) Sexual exploitation is defined as any actual or
attempted abuse of position of vulnerability,
differential power or trust, for sexual purposes,
including, but not limited to, profiting monetarily,
socially or politically from the sexual exploitation of
another. In Bank financed operations/projects, sexual
exploitation occurs when access to or benefit from a
Bank financed Goods, Works, Non-consulting
Services or Consulting Services is used to extract
sexual gain.
(ii) Sexual assault is further defined as sexual activity with
another person who does not consent. It is a violation
of bodily integrity and sexual autonomy and is broader
than narrower conceptions of “rape”, especially
because (a) it may be committed by other means than
force or violence, and (b) it does not necessarily entail
penetration; and
(f) “Contractor’s Personnel” is as defined in Sub-Clause 9.1 of
the General Conditions of Contract.

2. Source of 2.1 The Borrower or the Recipient (hereinafter called “Borrower”)

Funds specified in the BDS has received/applied for financing
(hereinafter called “funds”) from the International Bank for
Reconstruction and Development or the International

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Development Association (hereinafter called “the Bank”) in an

amount specified in the BDS, towards the cost of the project
specified in the BDS. The Borrower intends to apply a portion
of the funds to eligible payments under the contract(s) for
which this Bidding Document is issued.
2.2 Payment by the Bank will be made only at the request of the
Borrower and upon approval by the Bank, and will be subject,
in all respects, to the terms and conditions of the Loan (or other
financing) Agreement. The Loan (or other financing)
Agreement prohibits a withdrawal from the Loan (or other
financing) account for the purpose of any payment to persons
or entities, or for any import of goods, if such payment or
import, to the knowledge of the Bank, is prohibited by a
decision of the United Nations Security Council taken under
Chapter VII of the Charter of the United Nations. No party other
than the Borrower shall derive any rights from the Loan (or
other financing) Agreement or have any claim to the proceeds
of the Loan (or other financing).

3. Corrupt and 3.1 The Bank requires compliance with its policy in regard to
Fraudulent corrupt and fraudulent practices as set forth in Section VI.
Practices
3.2 In further pursuance of this policy, Bidders shall permit and
shall cause their agents (whether declared or not), sub-
contractors, sub-consultants, service providers, or suppliers
and any personnel thereof, to permit the Bank to inspect all
accounts, records and other documents relating to any
prequalification process, bid submission, and contract
performance (in the case of award), and to have them
audited by auditors appointed by the Bank.

4. Eligible 4.1 A Bidder may be a firm that is a private entity, a state-owned

Bidders entity or institution subject to ITB 4.5, or any combination of
such entities in the form of a Joint Venture (JV) under an
existing agreement or with the intent to enter into such an
agreement supported by a letter of intent, unless otherwise
specified in the BDS. In the case of a joint venture, all
members shall be jointly and severally liable for the
execution of the entire Contract in accordance with the
Contract terms. The JV shall nominate a Representative who
shall have the authority to conduct all business for and on
behalf of any and all the members of the JV during the
Bidding process and, in the event the JV is awarded the
Contract, during contract execution. This authorization shall
be evidenced by submitting a power of attorney signed by
legally authorized signatories of all members. Unless
specified in the BDS, there is no limit on the number of
members in a JV. The joint venture agreement shall be
registered in the place specified in BDS so as to be legally
valid and binding on members.

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4.2 A Bidder shall not have a conflict of interest. All Bidders found
to have a conflict of interest shall be disqualified. A Bidder may
be considered to have a conflict of interest for the purpose of
this bidding process, if the Bidder:
(a) directly or indirectly controls, is controlled by or is under
common control with another Bidder; or
(b) receives or has received any direct or indirect subsidy from
another Bidder; or
(c) has the same legal representative as another Bidder; or
(d) has a relationship with another Bidder, directly or through
common third parties, that puts it in a position to influence
the bid of another Bidder, or influence the decisions of the
Employer regarding this bidding process; or
(e) participates in more than one bid in this bidding process.
Participation by a Bidder in more than one Bid will result in
the disqualification of all Bids in which such Bidder is
involved. However, this does not limit the inclusion of the
same subcontractor in more than one bid; or
(f) any of its affiliates participated as a consultant in the
preparation of the design or technical specifications of the
works that are the subject of the bid; or
(g) any of its affiliates has been hired (or is proposed to be
hired) by the Employer or Borrower as Project Manager
(Engineer) for the Contract implementation; or
(h) would be providing goods, works, or non-consulting
services resulting from or directly related to consulting
services for the preparation or implementation of the
project specified in the BDS ITB 2.1 that it provided or
were provided by any affiliate that directly or indirectly
controls, is controlled by, or is under common control with
that firm; or
(i) has a close business or family relationship with a
professional staff of the Borrower (or of the project
implementing agency, or of a recipient of a part of the loan)
who: (i) are directly or indirectly involved in the preparation
of the bidding documents or specifications of the contract,
and/or the bid evaluation process of such contract; or (ii)
would be involved in the implementation or supervision of
such contract unless the conflict stemming from such
relationship has been resolved in a manner acceptable to
the Bank throughout the procurement process and
execution of the contract.

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4.3 A Bidder may have the nationality of any country, subject to

the restrictions pursuant to ITB 4.7. A Bidder shall be
deemed to have the nationality of a country if the Bidder is
constituted, incorporated or registered in and operates in
conformity with the provisions of the laws of that country, as
evidenced by its articles of incorporation (or equivalent
documents of constitution or association) and its
registration documents, as the case may be. This criterion
also shall apply to the determination of the nationality of
proposed sub-contractors or sub-consultants for any part of
the Contract including related Services.

4.4 A Bidder that has been sanctioned by the Bank in accordance

with the above ITB 3.1, including in accordance with the
Bank’s Guidelines on Preventing and Combating Corruption in
Projects Financed by IBRD Loans and IDA Credits and Grants
(“Anti-Corruption Guidelines”), shall be ineligible to be
prequalified for, bid for, or be awarded a Bank-financed
contract or benefit from a Bank-financed contract, financially
or otherwise, during such period of time as the Bank shall have
determined. The list of debarred firms and individuals is
available at the electronic address specified in the BDS.

4.5 Bidders that are Government-owned enterprises or institutions

in the Employer’s Country may participate only if they can
establish that they (i) are legally and financially autonomous (ii)
operate under commercial law, and (iii) are not dependent
agencies of the Employer. To be eligible, a government-owned
enterprise or institution shall establish to the Bank’s satisfaction,
through all relevant documents, including its Charter and other
information the Bank may request, that it: (i) is a legal entity
separate from the government (ii) does not currently receive
substantial subsidies or budget support; (iii) operates like any
commercial enterprise, and, inter alia, is not obliged to pass on its
surplus to the government, can acquire rights and liabilities,
borrow funds and be liable for repayment of its debts, and can be
declared bankrupt; and (iv) is not bidding for a contract to be
awarded by the department or agency of the government which
under their applicable laws or regulations is the reporting or
supervisory authority of the enterprise or has the ability to
exercise influence or control over the enterprise or institution.

4.6 A Bidder shall not be under suspension from bidding by the

Employer as the result of the operation of a Bid–Securing
Declaration.

4.7 Firms and individuals may be ineligible if so indicated in

Section V and (a) as a matter of law or official regulations, the
Borrower’s country prohibits commercial relations with that
country, provided that the Bank is satisfied that such exclusion
does not preclude effective competition for the supply of goods

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or the contracting of works or services required; or (b) by an

act of compliance with a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the
United Nations, the Borrower’s country prohibits any import of
goods or contracting of works or services from that country, or
any payments to any country, person, or entity in that country.

4.8 Bidder shall provide such evidence of eligibility satisfactory to

the Employer, as the Employer shall reasonably request.

5. Eligible 5.1 The materials, equipment and services to be supplied under

Materials, the Contract and financed by the Bank may have their origin
Equipment in any country subject to the restrictions specified in Section
and Services V, Eligible Countries, and all expenditures under the Contract
will not contravene such restrictions. At the Employer’s
request, Bidders may be required to provide evidence of the
origin of materials, equipment and services.

Contents of Bidding Document

6. Sections of 6.1 The Bidding Document consist of Parts 1, 2, and 3, which
Bidding include all the Sections indicated below, and should be read in
Document conjunction with any Addenda issued in accordance with ITB
8.
PART 1 Bidding Procedures
Section I - Instructions to Bidders (ITB)
Section II - Bid Data Sheet (BDS)
Section III - Evaluation and Qualification Criteria
Section IV - Bidding Forms
Section V - Eligible Countries
Section VI - Bank Policy-Corrupt and Fraudulent
Practices
PART 2 Works’ Requirements
Section VII – Works’ Requirements
PART 3 Conditions of Contract and Contract Forms
Section VIII - General Conditions of Contract (GCC)
Section IX - Particular Conditions of Contract (PCC)
Section X - Contract Forms

6.2 The Invitation for Bids issued by the Employer is not part of
the Bidding Document.

6.3 Unless obtained directly from the Employer or downloaded

from the official website specified in the ‘E-Procurement
Notice’, the Employer is not responsible for the
completeness of the Bidding Documents, responses to
requests for clarification, the minutes of the pre-Bid meeting

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(if any), or Addenda to the Bidding Documents in accordance

with ITB 8. In case of any contradiction, documents obtained
directly from the Employer or downloaded from the official
website specified in the ‘E-Procurement Notice’ shall prevail.

6.4 The Bidder is expected to examine all instructions, forms,

terms, and specifications in the Bidding Documents and to
furnish with its bid all information and documentation as
required by the Bidding Documents.

7. Clarification 7.1 The electronic bidding system specified in the BDS provides
of Bidding for online clarifications. A prospective Bidder requiring any
Document, clarification on the Bidding Document may notify the Employer
Site Visit, Pre- online or raise his inquiries during the pre-bid meeting if
Bid Meeting provided for in accordance with ITB 7.4. Clarifications
requested through any other mode shall not be considered by
the Employer. The Employer will respond to any request for
clarification, provided that such request is received prior to the
deadline for submission of bids, within a period specified in
the BDS. Description of clarification sought and the response
of the Employer shall be uploaded for information of all Bidders
without identifying the source of request for clarification.
Should the clarification result in changes to the essential
elements of the Bidding Documents, the Employer shall
amend the Bidding Documents following the procedure under
ITB 8 and ITB 22.2. It is the bidder’s responsibility to check on
the e-procurement system, for any addendum/ amendment/
corrigendum to the bidding document.

7.2 The Bidder is advised to visit and examine the Site of Works
and its surroundings and obtain for itself, on its own risk and
responsibility, all information that may be necessary for
preparing the bid and entering into a contract for construction
of the Works. The costs of visiting the Site shall be at the
Bidder’s own expense.

7.3 The Bidder and any of its personnel or agents will be granted
permission by the Employer to enter upon its premises and
lands for the purpose of such visit, but only upon the express
condition that the Bidder, its personnel, and agents will release
and indemnify the Employer and its personnel and agents from
and against all liability in respect thereof, and will be
responsible for death or personal injury, loss of or damage to
property, and any other loss, damage, costs, and expenses
incurred as a result of the inspection.

7.4 If so, specified in the BDS, the Bidder’s designated

representative is invited to attend a pre-bid meeting and/or a
Site of Works visit. The purpose of the meeting will be to clarify

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issues and to answer questions on any matter that may be

raised at that stage.

7.5 The Bidder is requested, to submit any questions only through

the e-procurement portal, not later than one week before the
meeting. Clarifications requested through any other mode
shall not be considered by the Employer.

7.6 Minutes of the pre-bid meeting, if applicable, including the text

of the questions raised, without identifying the source, and the
responses given, together with any responses prepared after
the meeting, will be uploaded online on e-procurement
system. Any modification to the Bidding Documents that may
become necessary as a result of the pre-bid meeting shall be
made by the Employer exclusively through the issue of an
addendum pursuant to ITB 8 and not through the minutes of
the pre-bid meeting. It is the bidder’s responsibility to check on
the e- procurement system, for any addendum/ amendment/
corrigendum to the bidding documents.

7.7 Nonattendance at the pre-bid meeting will not be a cause for

disqualification of a Bidder.

8. Amendment 8.1 At any time prior to the deadline for submission of bids, the
of Bidding Employer may amend the Bidding Documents by issuing
Document addenda.

8.2 Any addendum thus issued shall be part of the Bidding

Document and shall be deemed to have been communicated
to all bidders. The addenda will appear on the e-procurement
system under “Latest Corrigendum”, and Email notification is
also automatically sent to those bidders who have started
working on the tender, unless otherwise specified in the
BDS. The Employer shall not be liable for any information not
received by the bidder. It is the bidders’ responsibility to verify
the website for the latest information related to this bid.

8.3 To give prospective Bidders reasonable time in which to take

an addendum into account in preparing their bids, the
Employer may, at its discretion, extend the deadline for the
submission of bids, pursuant to ITB 22.2

Preparation of Bids
9. Cost of 9.1 The Bidder shall bear all costs associated with the
Bidding preparation and submission of its Bid, and the Employer
shall in no case be responsible or liable for those costs,
regardless of the conduct or outcome of the bidding process.

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10. Language of 10.1 The Bid, as well as all correspondence and documents
Bid relating to the bid exchanged by the Bidder and the
Employer, shall be written in English. Supporting documents
and printed literature that are part of the Bid may be in
another language provided they are accompanied by an
accurate translation of the relevant passages in English, in
which case, for purposes of interpretation of the Bid, such
translation shall govern.

11. Documents 11.1 The Bid shall comprise two Parts, namely the Technical Part
Comprising and the Financial Part. These two Parts shall be submitted
the Bid simultaneously.
11.2 The Technical Part shall contain the following:
(a) Letter of Bid – Technical Part in accordance with ITB 12;
(b) documentary evidence in accordance with ITB 17.1
establishing the Bidder’s eligibility to Bid;
(c) Bid Security or Bid-Securing Declaration, in accordance
with ITB 19;
(d) alternative bids – technical part, if permissible, in
accordance with ITB 13, the Technical Part of any
Alternative Bid;
(e) written confirmation authorizing the signatory of the Bid to
commit the Bidder, in accordance with ITB 20.2, and in
accordance with ITB 20.3 in case of a JV;
(f) documentary evidence in accordance with ITB 17
establishing the Bidder’s qualifications to perform the
contract, if its Bid is accepted;
(g) Technical Proposal in accordance with ITB 16;
(h) Construction methodology proposed as detailed in Para
1.1 of Section III Evaluation Criteria;
(i) Contractor Registration certificate (as per IFB); and
(j) Any other document required in the BDS.
11.3 The Financial Part shall contain the following:
(a) Letter of Bid – Financial Part: prepared in accordance
with ITB 12 and ITB 14;
(b) Completed Schedules including priced bill of quantities
in accordance with ITB 12 and ITB 14, as specified in
BDS;

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(c) Alternative Bid - Financial Part: if permissible in

accordance with ITB 13; and
(d) any other document required in the BDS.
11.4 The Technical Part shall not include any information related
to the Bid price. Where material financial information related
to the Bid price is contained in the Technical Part the Bid shall
be declared non-responsive.
11.5 In addition to the requirements under ITB 11.2, Bids submitted
by a JV (where permitted) shall include a copy of the Joint
Venture Agreement entered into by all members.
Alternatively, a letter of intent to execute a Joint Venture
Agreement in the event of a successful Bid shall be signed
by all members and submitted with the Bid, together with a
copy of the proposed Agreement.
11.6 The Bidder shall furnish in the Letter of Bid – Financial Part
information on commissions and gratuities, if any, paid or to
be paid to agents or any other party relating to this Bid.

12. Process of 12.1 The Letter of Bid – Technical Part, Letter of Bid – Financial
Bid Part, Schedules including the Bill of Quantities, and all
Submission documents listed under Clause 11, shall be prepared using
the relevant forms in Section IV (Bidding Forms), if so
provided. The forms must be completed without any
alterations to the text, and no substitutes shall be accepted.
All blank spaces shall be filled in with the information
requested.
12.2 Entire Bid including the Letters of Bid and filled-up Bill of
Quantity shall be submitted online on e-procurement system
specified in ITB 7.1. Details and process of online
submission of the tender and relevant documents are given
in the website mentioned above. Scanned copies of
documents listed in ITB clauses 11 and 12.3 should also be
uploaded on this website.
12.3 Submission of Original Documents: The bidders are
required to separately submit (i) original payment documents
towards the cost of bidding document; and registration on e-
procurement website (if applicable); (ii) original bid security
or Bid-Securing Declaration in approved form; and (iii)
original affidavit regarding correctness of information
furnished with bidding document, with the office specified in
the BDS, before the deadline for Bid submission, either by
registered/speed post/courier or by hand, failing which the
bids will be declared non-responsive and will not be opened.
Hard copy of rest of the bid or any other document are not to
be submitted.

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13. Alternative 13.1 Bidders shall submit offers that comply with the requirements
Bids of the bidding documents, including the basic technical
design as indicated in the drawing and specifications.
Alternatives will not be considered.

14. Bid Prices and 14.1 The prices and discounts (including any price reduction)
Discounts quoted by the Bidder in the Letter of Bid - Financial Part, and
in the Schedules shall conform to the requirements specified
below.

14.2 The Bidder shall submit a bid for the whole of the works
described in ITB 1.1 by filling in prices for all items of the
Works (both in figures and words), as identified in Section
IV, Bidding Forms along with the total bid price (both in
figures and words). The Bidder shall fill in rates and prices
for all items of the Works described in the Bill of Quantities.
Items against which no rate or price is entered by the
Bidder will not be paid for by the Employer when
executed and shall be deemed covered by the rates for
other items and prices in the Bill of Quantities.
Corrections if any in the bid can be carried out by editing the
information before electronic submission on e-procurement
portal.

14.3 The price to be quoted in the Letter of Bid - Financial Part in

accordance with ITB 12.1, shall be the total price of the Bid,
excluding any discounts offered.

14.4 Discounts, if any, and the methodology for their application

shall be quoted in the Letter of Bid - Financial Part, in
accordance with ITB 12.1.

14.5 Unless otherwise specified in the BDS and the Conditions of

Contract, the rates and prices quoted by the Bidder shall be
fixed
14.6 If so indicated in ITB 1.1, bids are invited for individual lots
(contracts) or for any combination of lots/contracts (packages).
Bidders wishing to offer any price reduction for the award of
more than one Contract shall specify in their bid the price
reductions applicable to each package, or alternatively, to
individual Contracts within the package. Price reductions or
discounts shall be submitted in accordance with ITB 14.4,
provided the bids for all lots/contracts are opened at the same
time.

14.7 All duties, taxes, and other levies payable by the Contractor
under the Contract, or for any other cause, as applicable on
the deadline for submission of Bids, shall be included in the
rates and prices and the total bid price submitted by the Bidder.

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14.8 Bidders may like to ascertain availability of tax/duty exemption

benefits available in India. They are solely responsible for
obtaining such benefits which they have considered in their bid
and in case of failure to receive such benefits for reasons
whatsoever, the Employer will not compensate the bidder
(Contractor). The bidder shall furnish along with his bid a
declaration to this effect in the Declaration Format provided in
Section IV of the bidding documents.
Where the bidder has quoted taking into account such benefits,
it must give all information required for issue of certificates in
terms of the Government of India’s relevant Notifications as per
the declaration format. In case the bidder has not provided the
required information or has indicated to be furnished later on
in the Declaration Format, the same shall be construed that the
goods/construction equipment for which certificate is required
is Nil.
To the extent the Employer determines the quantities indicated
therein are reasonable keeping in view the quantities in bill of
quantities, construction program and methodology, the
certificates will be issued within 60 days of signing of the
contract and no subsequent changes will be permitted. In case
of materials pertaining to Variation items and quantities, the
certificate shall be issued only on request from the Contractor
when in need and duly certified by the Project Manager.
No certificate will be issued for items where no
quantity/capacity of equipment is indicated in the statement.
If the bidder has considered the tax/duty exemption for
materials/construction equipment to be bought for the work,
the bidder shall confirm and certify that the Employer will not
be required to undertake any responsibilities of the
Government of India Scheme or the said exemptions being
available during the contract execution, except issuing the
required certificate. The bids which do not conform to the
above provisions or any condition by the bidder which makes
the bid subject to availability of tax/duty exemption for
materials/construction equipment or compensation on
withdrawal of any variations to the said exemptions will be
treated as non-responsive and rejected.
Any delay in procurement of the construction
equipment/machinery/goods as a result of the above shall not
be a cause for granting any extension of time.

15. Currencies of 15.1 The unit rates and prices shall be quoted by the Bidder and
Bid and shall be paid for, entirely in Indian Rupees.
Payment

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16. Documents 16.1 The Bidder shall furnish a Technical Proposal in the
Comprising Technical Part of the Bid, including a statement of work
the Technical methods, equipment, personnel, schedule and any other
Proposal information as per details stipulated in Section IV (Bidding
Forms), in sufficient detail to demonstrate the adequacy of
the Bidders’ proposal to meet the work requirements and the
completion time.

17. Documents 17.1 To establish Bidder’s eligibility in accordance with ITB 4,

Establishing Bidders shall complete the Letter of Bid – Technical Part,
the included in Section IV, Bidding Forms.
Qualifications
of the Bidder 17.2 To establish its qualifications to perform the Contract in
accordance with Section III, Evaluation and Qualification
Criteria, the Bidder shall provide the complete information as
requested in the corresponding information sheets included
in Section IV (Bidding Forms).

18. Period of 18.1 Bids shall remain valid for 90 days or for a period specified
Validity of in the BDS after the bid submission deadline date
Bids prescribed by the Employer in accordance with ITB 22.1. A
bid valid for a shorter period shall be rejected by the
Employer as nonresponsive.

18.2 In exceptional circumstances, prior to the expiration of the

bid validity period, the Employer may request Bidders to
extend the period of validity of their bids. The request and
the responses shall be made in writing. If a bid security is
requested in accordance with ITB 19, it shall also be
extended for forty-five (45) days beyond the deadline of the
extended validity period. A Bidder may refuse the request
without forfeiting its bid security. A Bidder granting the request
shall not be required or permitted to modify its bid, except as
provided in ITB 18.3.

18.3 If the award is delayed by a period exceeding fifty-six (56)

days beyond the expiry of the initial bid validity, the Contract
price shall be determined as follows:
(a) In the case of fixed price contracts, the Contract price
shall be the bid price adjusted by the factor specified in
the BDS.
(b) In the case of adjustable price contracts, no adjustment
shall be made.
(c) In any case, bid evaluation shall be based on the bid price
without taking into consideration the applicable correction
from those indicated above.

19. Bid Security 19.1 Unless otherwise specified in the BDS, the Bidder shall
furnish as part of the Technical Part of its bid, in original form,

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either a Bid-Securing Declaration or a bid security, and in the

case of a Bid security, in the amount shown in BDS, for this
particular work.

19.2 A Bid Securing Declaration shall use the form included in

Section IV, Bidding Forms.

19.3 If a bid security is specified pursuant to ITB 19.1, the bid

security shall be a demand guarantee, at the Bidder’s option,
in any of the following forms:
(a) an unconditional bank guarantee, issued by a Nationalized/
Scheduled bank located in India;
(b) an irrevocable letter of credit issued by a Nationalized or
Scheduled bank located in India;
(c) a cashier’s or certified check; or demand draft from a
Nationalized or Scheduled Bank located in India;
(d) another security indicated in the BDS.
In case of a bank guarantee, the bid security shall be
submitted using the Bid Security form included in the Section
IV (Bidding Forms). The form must include the complete
name of the Bidder. The bid security shall be valid for forty-
five (45) days beyond the original validity period of the bid,
or beyond any period of extension if requested under ITB
18.2.

19.4 If a Bid Security or Bid Securing Declaration is specified

pursuant to ITB 19.1, any bid not accompanied by a
substantially responsive Bid Security or Bid Securing
Declaration shall be rejected by the Employer as non-
responsive.

19.5 If a bid security is specified pursuant to ITB 19.1, the bid

security of unsuccessful Bidders shall be returned as
promptly as possible upon the successful Bidder’s signing
the contract and furnishing the performance security and if
required in the BDS, the Environmental and Social (ES)
Performance Security pursuant to ITB 45.

19.6 If a bid security is specified pursuant to ITB 19.1, the bid

security of the successful Bidder shall be returned as
promptly as possible once the successful Bidder has signed
the Contract and furnished the required performance
security and if required in the BDS, the Environmental and
Social (ES) Performance Security.

19.7 The bid security may be forfeited or the Bid-Securing

Declaration executed:

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(a) if a Bidder withdraws/modifies/substitutes its bid during

the period of bid validity specified by the Bidder on the
Letter of Bid - Technical Part and repeated in the Letter
of Bid - Financial Part, or any extension thereto provided
by the Bidder; or
(b) if the Bidder does not accept the correction of its Bid Price
pursuant to ITB 36; or
(c) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 44; or
(ii) furnish a performance security and if required in the
BDS, the Environmental and Social (ES)
Performance Security in accordance with ITB 45.

19.8 The Bid Security or the Bid-Securing Declaration of a JV

shall be in the name of the JV that submits the bid. If the JV
has not been legally constituted into a legally-enforceable
JV, at the time of bidding, the Bid Security or the Bid-
Securing Declaration shall be in the names of all future
members as named in the letter of intent mentioned in ITB
4.1 and ITB 11.2.

19.9 If a bid security is not required in the BDS pursuant to ITB 19.1,
and
(a) if a Bidder withdraws its bid during the period of bid validity
specified by the Bidder on the Letter of Bid, or
(b) if the successful Bidder fails to: sign the Contract in
accordance with ITB 44; or furnish a performance
security and if required in the BDS, the Environmental
and Social (ES) Performance Security in accordance with
ITB 45;
the Borrower may, if provided for in the BDS, declare the Bidder
ineligible to be awarded a contract by the Employer for a period of
time as stated in the BDS.

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20. Format and 20.1 The Bidder shall prepare the Bid as per details given in ITB
Signing of Bid 21.
20.2 The bid shall be signed by a person duly authorized to sign
on behalf of the Bidder. This authorization shall consist of a
written confirmation as specified in the BDS, and shall be
uploaded along with the Bid. The name and position held by
each person signing the authorization must be typed or
printed below the signature.
20.3 In case the Bidder is a JV, the Bid shall be signed by an
authorized representative of the JV on behalf of the JV, and
so as to be legally binding on all the members as evidenced
by a power of attorney signed by their legally authorized
representatives.
20.4 Documents establishing authority to sign the bid on behalf
of the JV shall be uploaded along with the bid.
20.5 Any interlineations, erasures, or overwriting shall be valid only
if they are signed or initialled by the person signing the Bid.

Online Submission and Opening of Bids

21. Preparation of 221.1 Bids, both Technical and Financial Parts, shall be submitted
Bids online on the e-procurement system specified in BDS 7.1.
Detailed guidelines for viewing bids and submission of
online bids are given on the website. The Invitation for Bids
under this Project is published on this website. Any citizen
or prospective bidder can logon to this website and view the
Invitation for Bids and can view the details of works for which
bids are invited. A prospective bidder can submit its bid
online; however, the bidder is required to have
enrolment/registration in the website, and should have valid
Digital Signature Certificate (DSC) in the form of smart
card/e-token obtained from any certifying agency authorised
by the Government of India (for class of DSC specified in
BDS). The bidder should register in the website using the
relevant option available. Then the Digital Signature
registration has to be done with the e-token, after logging
into the website. The bidder can then login the website
through the secured login by entering the password of the e-
token & the user id/ password chosen during registration.
After getting the bid schedules, the Bidder should go through
them carefully and submit the specified documents, along
with the bid, otherwise the bid will be rejected.

21.2 The completed bid comprising of documents indicated in

ITB 12, should be uploaded on the e-procurement portal
along with scanned copies of requisite certificates as are

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mentioned in different sections in the bidding document and

scanned copy of the bid security.

21.3 All the documents are required to be signed digitally by the

bidder. After electronic on-line bid submission, the system
generates a unique bid identification number which is time
stamped as per server time. This shall be treated as
acknowledgement of bid submission.

21.4 Physical, E-mail, Telex, Cable or Facsimile bids will be

rejected as non-responsive.

22. Deadline for 22.1 Bids, both Technical and Financial Parts, must be uploaded
Submission of online no later than the date and time indicated in the BDS.
Bids

22.2 The Employer may, at its discretion, extend the deadline for
the submission of bids by amending the Bidding Document in
accordance with ITB 8, in which case all rights and obligations
of the Employer and Bidders previously subject to the
deadline shall thereafter be subject to the deadline as
extended.

23. Late Bids 23.1 The electronic bidding system would not allow any late
submission of bids after due date & time as per server time.

24. Withdrawal, 24.1 Bidders may modify their bids by using the appropriate
Substitution, option for bid modification on e-procurement portal, before
and the deadline for submission of bids. For this the bidder need
Modification not make any additional payment towards the cost of bidding
of Bids document. For bid modification and consequential re-
submission, the bidder is not required to withdraw his bid
submitted earlier. The last modified bid submitted by the
bidder within the bid submission time shall be considered as
the bid. For this purpose, modification/withdrawal by other
means will not be accepted. In online system of bid
submission, the modification and consequential re-
submission of bids is allowed any number of times. A bidder
may withdraw his bid by using the appropriate option for bid
withdrawal, before the deadline for submission of bids,
however, if the bid is withdrawn, re-submission of the bid is
not allowed (or allowed if specified in BDS).

24.2 Bids requested to be withdrawn in accordance with ITB 24.1

shall not be opened.

24.3 No bid may be withdrawn, substituted, or modified in the

interval between the deadline for submission of bids and the
expiration of the period of bid validity specified by the Bidder
on the Letter of Bid or any extension thereof. This will result
in the forfeiture of the Bid Security pursuant to ITB 19.7.

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E. Public Opening of Technical Parts of Bids

25. Public 25.1 The Employer shall publicly open Technical Parts of all bids
Opening of received by the deadline, at the date, time and place
Technical specified in the BDS in the presence of Bidders’ designated
Parts of Bids representatives and anyone who chooses to attend, and this
could also be viewed by the bidders online. The Financial
Parts of the bids shall remain unopened in the e-
procurement system, until the subsequent public opening,
following the evaluation of the Technical Parts of the Bids. In
all cases, original documents submitted as specified in ITB
12.3 shall be first scrutinized, and Bids that do not comply
with the provisions of ITB 12.3 will be declared non-
responsive and will not be opened. Thereafter bidder’s
names, the presence or absence of a Bid Security or Bid-
Securing Declaration, if one was required, alternative bids –
technical parts, if any, and such other details as the
Employer may consider appropriate will be notified online by
the Employer at the time of bid opening.
In the event of the specified date of bid opening being
declared a holiday for the Employer, the bids will be opened
at the appointed time and location on the next working day.

25.2 The electronic summary of the bid opening will be generated

and uploaded online. The Employer will also prepare
minutes of the Bid opening, including the information
disclosed and upload the same for viewing online. Only
Technical Parts of Bids, and technical parts of Alternative
Bids if any, that are opened at technical Bid opening shall be
considered further for evaluation.

F. Evaluation of Bids – General Provisions

26. Confidentialit 26.1 Information relating to the examination, evaluation,
y comparison, and post-qualification of bids and
recommendation of contract award, shall not be disclosed to
Bidders or any other persons not officially concerned with
such process until information on Contract award is
communicated to all Bidders in accordance with ITB 44.
26.2 Any attempt by a Bidder to influence the Employer in the
evaluation of the bids or Contract award decisions may result
in the rejection of its bid.
26.3 Notwithstanding ITB 26.2, from the time of bid opening to the
time of Contract award, if any Bidder wishes to contact the
Employer on any matter related to the bidding process, it
shall do so in writing.

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27. Clarification 27.1 To assist in the examination, evaluation, and comparison of

of Bids the bids, and qualification of the Bidders, the Employer may,
at its discretion, ask any Bidder for a clarification of its bid,
giving a reasonable time for response. Any clarification
submitted by a Bidder that is not in response to a request by
the Employer shall not be considered. The Employer’s
request for clarification and the response shall be in writing.
No change, including any voluntary increase or decrease in
the prices or substance of the bid shall be sought, offered, or
permitted, except to confirm the correction of arithmetic
errors discovered by the Employer in the evaluation of the
bids, in accordance with ITB 36.

27.2 If a Bidder does not provide clarifications of its bid by the date
and time set in the Employer’s request for clarification, its bid
may be rejected.

28. Deviations, 28.1 During the evaluation of bids, the following definitions apply:
Reservations, and (a) “Deviation” is a departure from the requirements specified
Omissions in the Bidding Document;
(b) “Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the
requirements specified in the Bidding Document; and
(c) “Omission” is the failure to submit part or all of the
information or documentation required in the Bidding
Document.

29. 29.1 Provided that a bid is substantially responsive, the Employer

Nonconformities, may waive any non-conformities in the bid which do not
Errors, and constitute a material deviation, reservation or omission.
Omissions

29.2 Provided that a bid is substantially responsive, the

Employer may request that the Bidder submit the
necessary information or documentation, within a
reasonable period of time, to rectify nonmaterial
nonconformities in the bid related to documentation
requirements. Requesting information or documentation on
such nonconformities shall not be related to any aspect of
the price or substance of the bid. Failure of the Bidder to
comply with the request may result in the rejection of its bid.
29.3 Provided that a bid is substantially responsive, the
Employer shall rectify quantifiable nonmaterial
nonconformities related to the Bid Price. To this effect, the
Bid Price shall be adjusted, for comparison purposes only,
to reflect the price of a missing or non-conforming item or
component in the manner specified in the BDS.

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G. Evaluation of Technical Parts of Bids

30. Evaluation of 30.1 In evaluating the Technical Parts of each Bid, the Employer
Technical shall use the criteria and methodologies listed in this ITB
Parts and Section III, Evaluation and Qualification Criteria. No
other evaluation criteria or methodologies shall be
permitted.

31. 31.1 The Employer’s determination of a Bid’s responsiveness is

Determination of to be based on the contents of the Bid itself, as defined in
Responsiveness ITB 11.
31.2 A substantially responsive Bid is one that meets the
requirements of the bidding document without material
deviation, reservation, or omission. A material deviation,
reservation, or omission is one that:
(a) if accepted, would:
(i) affect in any substantial way the scope, quality, or
performance of the Works specified in the
Contract; or
(ii) limit in any substantial way, inconsistent with the
bidding document, the Employer’s rights or the
Bidder’s obligations under the proposed Contract;
or
(b) if rectified, would unfairly affect the competitive position of
other Bidders presenting substantially responsive Bids.

31.3 The Employer shall examine the technical aspects of the

Bid submitted in accordance with ITB 16, Technical
Proposal, in particular, to confirm that all requirements of
Section VII (Works’ Requirements) have been met without
any material deviation, reservation or omission.

31.4 If a Bid is not substantially responsive to the requirements

of the bidding document, it shall be rejected by the
Employer and may not subsequently be made responsive
by correction of the material deviation, reservation, or
omission.

32. Qualification 32.1 The Employer shall determine to its satisfaction whether
of the Bidder the eligible Bidders that have submitted substantially
responsive Bid - Technical Parts meet the qualifying
criteria specified in Section III, Evaluation and Qualification
Criteria.

32.2 The determination shall be based upon an examination of

the documentary evidence of the Bidder’s qualifications
submitted by the Bidder, pursuant to ITB 17. The
determination shall not take into consideration the

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qualifications of other firms such as the Bidder’s

subsidiaries, parent entities, affiliates, subcontractors
(other than Specialized Subcontractors if permitted in the
bidding document), or any other firm(s) different from the
Bidder.

32.3 If a Bidder does not meet the qualifying criteria specified in

Section III, Evaluation and Qualification Criteria, its Bid
shall be rejected by the Employer and may not
subsequently be made responsive by correction of the
material deviation, reservation, or omission.

32.4 Only Bids that are both substantially responsive to the

bidding document, and meet all Qualification Criteria shall
have the Financial Parts of their Bids opened at the second
public opening.

33. 33.1 Unless otherwise stated in the BDS, the Employer does
Subcontractors not intend to execute any specific elements of the Works
by subcontractors selected in advance by the Employer.
33.2 The Employer may permit subcontracting for certain
specialized works as indicated in Section III. When
subcontracting is permitted by the Employer, the
specialized sub-contractor’s experience shall be
considered for evaluation. Section III describes the
qualification criteria for sub-contractors.
33.3 Bidders may propose subcontracting up to the percentage
of total value of contracts or the volume of works as
specified in the BDS. Subcontractors proposed by the
Bidder shall be fully qualified for their parts of the Works.

H. Public Opening of Financial Parts of Bids

34. Public 34.1 Following the completion of the evaluation of the Technical
Opening of Parts of the Bids, and the Bank has issued its no objection
Financial Parts (if applicable), the Employer shall notify in writing those
Bidders whose Bids were considered non-responsive to
the bidding document or failed to meet the Qualification
Criteria, advising them of the following information:
(a) the grounds on which their Technical Part of Bid
failed to meet the requirements of the bidding
document;
(b) their Financial Part of Bid shall not be opened; and
(c) notify them of the date, time, and place for public
opening of Financial Parts of the Bids.

34.2 The Employer shall, simultaneously, notify in writing those

Bidders whose Technical Part have been evaluated as

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substantially responsive to the bidding document and met

all Qualifying Criteria, advising them of the following
information:
(a) their Bid has been evaluated as substantially
responsive to the bidding document and met the
Qualification Criteria;
(b) their Financial Part of Bid will be opened at the public
opening of the Financial Parts; and
(c) notify them of the date, time, and place for public
opening of Financial Parts of the Bids, as specified in
the BDS.

34.3 The opening date should allow Bidders sufficient time to

make arrangements for attending the opening. The Financial
Part of the Bids shall be opened publicly in the presence of
Bidders’ designated representatives and anyone who choose
to attend, and this could also be viewed by the bidders online.
The bidder’s names, the Bid prices, per lot (contract) if
applicable, including any discounts and Alternative Bid -
Financial Part if any, and such other details as the Employer
may consider appropriate, will be notified online by the
Employer at the time of bid opening.
In the event of the specified date of bid opening being
declared a holiday for the Employer, the bids will be opened
at the appointed time and location on the next working day.

34.4 The electronic summary of the bid opening will be generated

and uploaded online. The Employer will also prepare minutes
of the Bid opening, including the information disclosed and
upload the same for viewing online. Only Financial Parts of
Bids, Financial Parts of Alternative Bids, and discounts that
are opened at Bid opening shall be considered further for
evaluation.

I. Evaluation of Financial Parts of Bids

35. Evaluation of 35.1 To evaluate the Financial Part, the Employer shall
Financial consider the following:
Parts

(a) the Bid price, excluding Provisional Sums and the

provision, if any, for contingencies in the Summary Bill of
Quantities but including Daywork items, where priced
competitively;

(b) price adjustment for correction of arithmetic errors in

accordance with ITB 36.1;
(c) price adjustment due to discounts offered in accordance
with ITB 14.4;

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(d) Not used;

(e) price adjustment due to quantifiable nonmaterial
nonconformities in accordance with ITB 29.3; and

(f) the additional evaluation factors as specified in Section III,

Evaluation and Qualification Criteria.

35.2 The estimated effect of the price adjustment provisions of the

Conditions of Contract, applied over the period of execution
of the Contract, shall not be taken into account in Bid
evaluation.

35.3 If this bidding document allows Bidders to quote separate

prices for different lots (contracts), and to award multiple
contracts to a single Bidder, the methodology to determine
the lowest evaluated price of the contract combinations,
including any discounts offered in the Letter of Bid – Financial
Part, is specified in Section III, Evaluation and Qualification
Criteria

36. Correction of 36.1 In evaluating the Financial Part of each Bid, the Employer
Arithmetical shall correct arithmetical errors on the following basis:
Errors
(a) only for unit price contracts, if there is a discrepancy
between the unit price and the total price that is obtained
by multiplying the unit price and quantity, the unit price shall
prevail and the total price shall be corrected;
(b) if there is an error in a total corresponding to the addition
or subtraction of subtotals, the subtotals shall prevail and
the total shall be corrected; and
(c) if there is a discrepancy between words and figures, the
amount in words shall prevail, unless the amount
expressed in words is related to an arithmetic error, in
which case the amount in figures shall prevail subject to
(a) and (b) above.

36.2 Bidders shall be requested to accept correction of arithmetical

errors. Failure to accept the correction in accordance with
ITB 36.1, shall result in the rejection of the Bid and the Bid
Security may be forfeited in accordance with ITB Sub-Clause
19.7.

37. Conversion to 37.1 Not used.

Single
Currency
38. Margin of 38.1 Not used.
Preference

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39. Comparison of 39.1 The Employer shall compare the evaluated prices of all
Financial responsive and qualified bids to determine the lowest
Parts evaluated bid.

40. Unbalanced or 40.1 If the bid, which results in the lowest Evaluated Bid Price, is
Front-Loaded seriously unbalanced, front-loaded or substantially below
Bids updated estimates in the opinion of the Employer, the
Employer may require the Bidder to produce detailed price
analyses (with breakdown of unit rates) for any or all items of
the Bill of Quantities, to demonstrate the internal consistency
and justification of those prices with the construction methods
and schedule proposed. After evaluation of the price
analyses, taking into consideration the schedule of estimated
contract payments, the Employer may require that the
amount of the performance security be increased at the
expense of the Bidder to a level sufficient to protect the
Employer against financial loss in the event of default of the
successful Bidder under the Contract.

41. Employer’s 41.1 The Employer reserves the right to accept or reject any bid,
Right to and to annul the bidding process and reject all bids at any
Accept Any time prior to contract award, without thereby incurring any
Bid, and to liability to Bidders. In case of annulment, all documents
Reject Any or submitted and specifically, bid securities, shall be promptly
All Bids returned to the Bidders.

J. Award of Contract
42. Award Criteria 42.1 Subject to ITB 41, the Employer shall award the Contract to
the Bidder whose offer has been determined to be the lowest
evaluated bid and is substantially responsive to the Bidding
Document, provided further that the Bidder is determined to
be qualified to perform the Contract satisfactorily.

43. Notification of 43.1 Prior to the expiration of the period of bid validity, the
Award Employer shall notify the successful Bidder, in writing, via the
Letter of Acceptance included in the Contract Forms, that its
bid has been accepted. The Letter of Acceptance shall
specify the sum that the Employer will pay the Contractor in
consideration of the execution and completion of the Works
(hereinafter and in the Conditions of Contract and Contract
Forms called “the Contract Price”).

43.2 Until a formal contract is prepared and executed, the

notification of award shall constitute a binding Contract.

44. Signing of 44.1 The Contract Agreement shall incorporate all agreements
Contract, between the Employer and the successful Bidder. It shall be
Publication of kept ready in the office of the Employer for the signature of
award and the Employer and the successful Bidder, within 21 days

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Recourse to following the date of Letter of acceptance. Within 21 days of

unsuccessful receipt of Letter of acceptance, the successful Bidder shall
Bidders sign the Agreement and furnish the performance security
and if required in the BDS, the Environmental and Social
(ES) Performance Security in accordance with ITB Clause
45 and revised construction methodology. If the successful
bidder is a JV, it shall also furnish the JV agreement duly
signed by all the members, if it had submitted only a letter of
intent to execute the JV agreement along with the bid.

44.2 The Employer within 3 weeks of issue of notification of award

shall publish in a national website ([Link] or
GoI Central Public Procurement Portal
[Link] or on the Employer’s website,
and on the e-procurement system, the results identifying the
bid and lot numbers and the following information: (i) name
of each bidder who submitted the bid; (ii) bid prices as read
out at bid opening; (iii) name and evaluated prices of each
bid that was evaluated; (iv) name of bidders whose bids
were rejected and the reasons for their rejection; and (v)
name of the winning bidder, and the price it offered, as well
as the duration and summary scope of the contract
awarded.
44.3 The Employer shall promptly respond in writing to any
unsuccessful Bidder who, after publication of contract
award, requests the Employer in writing to explain on which
grounds its bid was not selected.

45. Performance 45.1 Within twenty-one (21) days of the receipt of notification of
Security award from the Employer, the successful Bidder shall furnish
the performance security and if required in the BDS, the
Environmental and Social (ES) Performance Security in
accordance with the conditions of contract, subject to ITB
40.1, using for that purpose the Performance Security and
ES Performance Security Forms included in Section X
(Contract Forms). The performance security and if required
in the BDS, the Environmental and Social (ES) Performance
Security of a Joint Venture shall be in the name of the Joint
Venture specifying the names of all members.

45.2 Failure of the successful Bidder to submit the above-

mentioned Performance Security and if required in the
BDS, the Environmental and Social (ES) Performance
Security, or to sign the Contract Agreement shall constitute
sufficient grounds for the annulment of the award and
forfeiture of the bid security. In that event the Employer may
award the Contract to the next lowest evaluated Bidder
whose offer is substantially responsive and is determined

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by the Employer to be qualified to perform the Contract

satisfactorily.

45.3 Upon the successful Bidder’s signing the Agreement and

furnishing of the Performance Security and if required in the
BDS, the Environmental and Social (ES) Performance
Security, pursuant to ITB Clause 45.1, the Employer shall
promptly notify the name of the winning bidder to each
unsuccessful bidder and shall discharge the Bid Securities
of the bidders pursuant to ITB Clause 19.5 and 19.6.

46. Adjudicator 46.1 The Employer proposes the person named in the BDS to
be appointed as Adjudicator under the Contract, at the daily
rate specified in the BDS, plus reimbursable expenses
(actual boarding, lodging, travel and other incidental
expenses). If the Bidder disagrees with this proposal, the
Bidder should so state in Letter of Bid. If, in the Letter of
Acceptance, the Employer does not agree on the
appointment of the Adjudicator proposed by the Bidder, the
Employer will request the Appointing Authority designated
in the Particular Conditions of Contract (PCC) pursuant to
Clause 23.1 of the General Conditions of Contract (GCC),
to appoint the Adjudicator.

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Section II - Bid Data Sheet (BDS)

The following specific data for the Works to be procured shall complement, supplement, or
amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the
provisions herein shall prevail over those in ITB.

A. Introduction
ITB 1.1 The number of the Invitation for Bids is: IN-IWAI -288445-CW-RFB-2

ITB 1.1 The Employer is:

Vice Chairman & Project Director,
Inland Waterways Authority of India,
Ministry of Ports, Shipping and Waterways, Government of India
The name of the work is:
ITB 1.1 Fairway Maintenance of Ghazipur – Varanasi (133 Km) stretch including
Removal of Hard Strata in National Waterway – 1 (River Ganga)

The identification number of the work is: IN-IWAI -288445-CW-RFB-2

The Intended Completion Date is 3 years from the Date of Commencement of

Service.

ITB 2.1 The Borrower is Government of India.

The Employer is Inland Waterways Authority of India, Ministry of Ports,
Shipping & Waterways, Government of India
The name of the Project is: Capacity Augmentation of National
Waterway – 1
Loan or Financing Agreement amount: $ 317.22 Million
Bids from consortium are acceptable and shall be treated the same way as
ITB 4.1 that of JV mentioned in the bidding documents.

(a) Maximum number of members in the Joint Venture (JV) shall be Four
(4).
(b) It is not mandatory to get the JV registered. Interested bidders are
requested to submit JV Agreement duly notarized in India. However, the
successful bidder (in case of JV) shall submit registered JV.
(c) A statement to the effect that all members of the joint venture shall be
jointly and severally liable for the execution of the entire Contract in
accordance with the Contract terms, shall be included in the authorization
nominating a Representative or member in charge, as well as in the Bid and
in the Agreement [in case of a successful bid].
(d) The joint venture agreement should define precisely the division of
assignments to each member of JV. All members of JV should have active
participation in the execution during the currency of the contract. This should
not be varied/ modified subsequently without prior approval of the Employer.

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ITB 4.4 A list of debarred firms and individuals is available at the Bank’s external
website [Link]/debarr.

ITB 4.6 Deleted

B. Contents of Bidding Documents

ITB 7.1 Electronic –Procurement System

The Employer shall use the following electronic-procurement system to
manage this Bidding process:
[Link]
Requests for clarification should be received by the Employer before pre-
bid meeting.
The clarifications can be sought / sent by e-mail or by hard copy on
the following address:
Vice Chairman & Project Director (JMVP)
Inland Waterways Authority of India
A-13, Sector-1, Noida - 201301,
Distt. Gautam Buddha Nagar, U.P.
Phone No.: +91 120 2424544 Email: [Link]@[Link]

A Pre-Bid meeting will take place, at the following date, time and place:
ITB 7.4 Date: ( 18.06.2024 ) at Time: 1500 Hrs. IST
Place: IWAI, Noida or Virtual Meeting Link will be shared on CPP
Portal.

Pre-Bid Queries should reach the employer at the following address

or by e-mail no later than Date of Pre-Bid Meeting:

Vice Chairman & Project Director (JMVP)

Inland Waterways Authority of India
A-13, Sector-1, Noida - 201301,
Distt. Gautam Buddha Nagar, U.P.
+91 120 2424544 Email: [Link]@[Link]

A site visit conducted by the Employer shall be organized on request.

For site visit, bidders are advised to contact:
Director (IWAI ) –Patna ; Mob: +91 9831225872
E-mail: dirpat@[Link] : lkrajak@[Link]
Addendum to Bidding Documents will be hosted on the Employer’s e-
ITB 8.2 procurement portal [GOI Central Public Procurement Portal
[Link]

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C. Preparation of Bids

ITB 11.2 (j) (i) The Bidder shall submit with its bid the following additional documents:
(a) Dredging Management Plan – Methodology
Detailed methodology to indicate how various activities
will be carried out to achieve the performance
parameters laid down in Section VII - Description of
the Services.
(b) Detailed Dredger deployment plan with respect to:
i. Dredging Management Plan – Methodology for hard and soft
strata removal (including disposal of dredged material)
ii. No. of dredgers / equipment to be deployed at various points
of time alongwith dredging capacities
iii. Details of equipment to be deployed to meet the
requirements of survey
(c) List of major items of equipment proposed to carry out the
contracted services using the format provided in Section IV -
Bidding Forms
(d) To establish its qualifications to perform the contract(s) in
accordance with Section III, Qualification Criteria and
Requirements, the Bidder shall provide the information
requested in the corresponding Information Sheets included in
Section IV, Bidding Forms.
(e) Bidder to indicate whether they are presenting
Single Entity Bid or
Joint Venture Bid

In the event of Joint Venture Bid or sub-contracting details of

the Joint Venture Partner or the sub-contractor likely to be
engaged to be identified & proposed in the Bid along with their
credentials like (Experience, Financials & Profile) - Each of the
JV member will be required to furnish legally enforceable JV
Agreement along with its Techno-commercial Bid holding
themselves jointly & severally responsible and liable to IWAI to
perform all contractual obligations, valid for entire period of
Contract.
Further,
i. No change in the composition of the JV without the written
consents of the Employer after submission of Bid shall be
allowed.
ii. The leader should maintain at least 51% share in the JV at all
the time during the period of contract

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(ii) Code of Conduct for Contractor’s Personnel (ES)

The Bidder shall submit its Code of Conduct that will apply to Contractor’s
Personnel (as defined in Sub-Clause 9.1 of the General Conditions of
Contract), to ensure compliance with the Contractor’s Environmental and
Social (ES) obligations under the Contract. The Bidder shall use for this
purpose the Code of Conduct form provided in Section IV. No substantial
modifications shall be made to this form, except that the Bidder may
introduce additional requirements, including as necessary to take into
account specific Contract issues/risks.
(iii) Management Strategies and Implementation Plans (MSIP) to
manage the (ES) risks
The Bidder shall submit Management Strategies and Implementation
Plans (MSIPs) to manage the following key Environmental and Social (ES)
risks:
• Traffic Management Plan to ensure safety of local communities
from construction traffic;
• Water Resource Protection Plan to prevent contamination of
drinking water;
• Boundary Marking and Protection Strategy for mobilization and
construction to prevent offsite adverse impacts;
• Strategy for obtaining Consents/Permits prior to the start of relevant
works such as opening a quarry or borrow pit;
• Gender based violence and sexual exploitation and abuse
(GBV/SEA) prevention and response action plan.
The Contractor shall be required to submit for approval, and subsequently
implement, the Contractor’s Environment and Social Management Plan (C-
ESMP), in accordance with the Particular Conditions of Contract Sub-
Clause 10.1, that includes the agreed Management Strategies and
Implementation Plans described here.

ITB 11.3 (b) The following schedules shall be submitted with the bid: Priced Bill of
Quantities
The Bidder shall submit the following documents in its Bid:
ITB 11.3 (d)
▪ On-line: Financial part in .xls
▪ Scanned copy of Letter of bid – Financial Part

ITB 12 Added at the end of 12.3

Note for Bidders: Bidders have to submit the bids on the e-procurement
portal along with the relevant required documents. For this purpose, the
bidders shall fill up online, the forms that are available for online filling on
the e-portal. The rest of the forms shall be download by the bidders and
filled up. The filled-up pages shall then be scanned and uploaded on the e-
procurement portal along with the scanned copies of the supporting
documents.

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ITB 12.3 For submission of original documents, the Employer’s address is:
Vice Chairman & Project Director (JMVP)
Inland Waterways Authority of India
A-13, Sector-1, Noida, Gautam Buddha Nagar, UP – 201301
Email: [Link]@[Link]

ITB 13.1 Alternative bids shall not be permitted.

ITB 14.5 The prices quoted by the Bidder “shall be” subject to adjustment during the
performance of the Contract. The adjustment of contract price, if provided,
will be done in accordance with GCC Clause 45 and corresponding
provisions under PCC.

ITB 14.8 Add the following as Sub Clause 14.8 –

Any delay in procurement of the construction equipment / dredging
equipment / machinery / goods as a result of the above shall not be a
cause for granting any extension of time.
The Currency (ies) of the bid shall be in INR ( Indian Rupee Only)
ITB 15.1
The bid validity period shall be 120 days from the date of opening of
ITB 18.1 Technical Bids.
Not Applicable.
ITB 18.3 (a)
The Bidder shall furnish a Bid security for an amount of INR 2,05,96,586.00
ITB 19.1 Cost of bidding Document of Rs. 6,000/- inclusive of GST shall be
submitted by Demand Draft or RTGS.
[Note: For the Two-envelope Bidding, the process requires Bid Security to
be submitted in the Technical Part and also original hard copy shall be
submitted separately as per ITB 12.3.]
In case, the Bid security is submitted in the form of Bank Guarantee, then it
shall be as per the format attached.
The Bid Security may also be submitted through e-Bank Guarantee or
Demand Draft or Online Transfer.
The Bank Guarantee issued in paper shall become operative only when the
Bank Guarantee advice transmitted through SFMS is advised to the
Beneficiary by the Advising Bank.
Bank details are as given below:
Advising Bank: CANARA BANK
Bank Account no.: 87781010014534
IFSC Code: CNRB0018778
Name of beneficiary: IWAI FUND Jal Marg Vikas
Branch name: Morna - Sector 18, NOIDA
Address: B 16 /17, Ground Floor,
Sector-18, NOIDA – 201301

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ITB 19.3 (d) Other types of acceptable securities are: Not Applicable

ITB 19.8 The Bid Security of a JV shall be in the name of the JV that submits the bid
or in the name of the Lead member if the same is not constituted.

ITB 19.9 Deleted.

The written confirmation of authorization to sign on behalf of the Bidder shall
ITB 20.2 consist of:
(a) Legally valid Power of Attorney is required to demonstrate the authority of
the signatory to sign the Bid; and
(b) In the case of Bids submitted by an existing or intended JV, if permitted as per
ITB 4.1, the authorization shall be evidenced by a Power of Attorney signed
by legally authorized signatories of all the members.

D. Online Submission and Opening of Bids

ITB 21.1 Class of DSC required is: CLASS – II and above

ITB 22.1 Both Technical and Financial Bids shall be uploaded on-line in separate
electronic envelopes,
The deadline for uploading the bids is:
Date: ( 05.07.2024 ) Time: 1500 hrs. IST or as amended from time to time.
ITB 24.1 Re-submission of the bid is “not allowed”, if withdrawn.

E. Public Opening of Technical Parts of Bids

ITB 25.1 The online Bid Opening of Technical Parts of the Bid shall take place
on
Date: ( 05.07.2024 ) Time: 1530 hours or as amended from time to time
Place: Inland Waterways Authority of India
A-13, Sector-1, Noida, Gautam Buddha Nagar, UP - 201301
Email: [Link]@[Link]
F. Evaluation of Bids – General Provisions
ITB 29.3 Deleted.

G. Evaluation of Technical Parts of Bids

ITB 30.1 The Bids shall be Technically Evaluated, Bidders have to meet the Qualifying
requirements as stipulated in the documents under evaluation criteria.

ITB 33.1 At this time, the Employer “does not intend” to execute certain specific parts of the
Works by sub-contractors selected in advance.

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ITB 33.2 Specialised Subcontractors: Not Applicable

(a) Contractor’s proposed subcontracting: Maximum percentage of subcontracting
ITB 33.3
permitted is: 25 % of the total contract amount
(b) Bidders planning to subcontract more than 10% of total volume of work shall
specify, in the Bid Submission Form, the activity (ies) or parts of the works to be
subcontracted along with complete details of the sub-contractors and their
qualification and experience. The qualification and experience of the sub-contractors
must meet the minimum criteria for the relevant work to be sub-contracted failing
which such sub-contractors will not be permitted to participate.
(c) Sub-contractors’ qualification and experience will not be considered for
evaluation of the Bidder. The Bidder on its own (without taking into account the
qualification and experience of the sub-contractor) should meet the qualification
criteria. [Note: Work should not be split into small parts and sub-contracted].

H. Public Opening of Financial Parts of Bids

ITB 34.2 (c) Following the completion of the evaluation of the Technical Parts of the Bids, the
Employer will notify all Bidders of the date, time, and place of the public opening
of Financial Parts.
The online bid opening of Financial Parts of Bids shall take place at:
Inland Waterways Authority of India
A-13, Sector-1, Noida, Gautam Buddha Nagar, UP - 201301
Email: [Link]@[Link]
The Employer shall also publish a notice of the public opening of the Financial
Parts of the Bid on its website [Link]
In addition to the above the Employer shall publish a notice of the opening of the
Financial Parts of the Bid on GoI Central Public Procurement Portal
[Link]

J. Award of Contract
ITB 45.1 and The successful Bidder shall also be required to submit an Environmental, Social,
45.2 Health and Safety (ESHS) Performance Security.
Throughout this bidding document the term ’performance security’, unless the
context clearly indicates otherwise, means and includes both ‘the performance
security and the ESHS performance security’ to be submitted by the successful
bidder in the amounts specified in GCC/ PCC 50.
ITB 46.1 “The Adjudicator proposed by the Employer is: Sh. S. C. Misra. The daily fee
payable to Adjudicator is Rs 10,000/- per day.” The CV is attached at the end
of this document.
Add new ITB 47.1
ITB 47
The Tender / Bid related complaints may be submitted / addressed to:
Vice Chairman & Project Director, (JMVP)
Inland Waterways Authority of India
A-13, Sector-1, Noida, Gautam Buddha Nagar, UP - 201301
Email: [Link]@[Link]

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Brief Biodata of Dr Suresh Chandra Misra

1. Name:MISRA SURESH CHANDRA
Date of birth: 12TH SEPTEMBER 1948

a. Profession: ACADEMIC and RESEARCH

Present Position: Retired as Professor from IIT Kharagpur
Address:

(a) Official NA (b) Residential

Plot no. 1080, Lane no. 7, Aerodrome Area,
Bhubaneswar – 751020, Odisha, India
Phone: NA Phone: +91 9437477180
Email: misra1948@[Link]
b. Degrees Obtained
Degree Awards University Hall of Year
Specialization Residence

[Link](Hons.) Silver Medal IIT Kharagpur Design Patel 1965-70

Ph.D National Scholarship University of Newcastle Naval Architecture 1973-76

upon Tyne, UK
c. Professional Achievements
Period Position Held Organization/Instit Role Remarks
From To ution

1970 1979 Design Engineer Hindustan Design Engineer Sponsored for three years to
Shipyard Ltd. do Ph.D. in UK (1973-1976)
1979 1989 Assistant Professor IIT Khargapur Teaching, Research On British council fellowship
1990 till retirement Professor and Industrial for 6 months in Glasgow, univ
Consultancy in 1984., later lien to IIT
Madras and NSDRC/ IMU,
Visakhapatnam
1998 2000 Visiting Professor (lien) IIT Madras Teaching, Research
and Industrial
Consultancy
2008 2013 Director (on Lien) NSDRC and later Administration, NSDRC was subsumed to
IMU Teaching, Research Indian Maritime University in
Visakhapatnam and Industrial 2009 and he was the first
campus Consultancy Director of IMU
Visakhapatnam campus

2013 till date Chairman, Naval Research Board, DRDO (an honorary position);
Founder and current President, Forum for River and Ocean Scientists and Technologists
(FROST), Odisha, registration no. 24010/33 of 2018-19;
Visiting faculty at IMU, Visakhapatnam Campus;
Advisor to General Consultants for Kochi Water Metro project under KMRL, Kochi.

5. Record of Contributions to:

(a) Intellectual Property
(Publications/Design/Developments/Patents etc.)

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(e) “Modularised Ship Hull Form”, Inventors: Prof S C Misra and Prof O P Sha of IIT Kharagpur, patents rights
belong to: IIT Kharagpur, Ministry of Shipping of Govt. of India, Department of Science and Technology of
Govt. of India, AAGL(Gujarat), BSL Mumbai, GSL Goa, LRS Mumbai, IRS Mumbai, Original Patent application
no. 0561/Cal/2002 dt. 25.9.2002, patent no. 214274 awarded on 07/02/2008.
(f) Books:

• S. C. Misra and P. Misra (Ed.),”2020 Lockdown Effects and Future Trends in Water Body
Management”, LAP Publishing, Germany, October 2020.
• S. C. Misra,”Design Principles of Ships and Marine Structures”, CRC Press of Tylor and Francis
Group, USA, December 2015.
• [Link] and [Link], editors “Computer-Aided Ship design”, under assistance from CEP Cell
of IIT Kharagpur, 1989(contributed as author also).
• [Link] and [Link], “Environmental Hazards and Safety Requirement in the Port
sector”, under assistance from Curriculum Dev. Prog., IITMadras, 2000(contributed as author
also).
(b) Leadership (Entrepreneurship/
Organizational Development)

(i) Converting a ship design organisation, National Ship Design and Research
Centre, to a part of a central university, Indian Maritime University,
Visakhapatnam Campus
(ii) Academic leadership as stated below:
• Started a new multidisciplinary Post Graduate Diploma program in Maritime
Operation and Management (PGDMOM) exclusively for professional marine
engineers which started at IIT Kharagpur in the academic year 2003-2004.
• Started the Naval Architecture and Ocean Engineering degree programs at both UG
and PG levels at IMU Visakhapatnam Campus in its first year of creation, 2009.
• Started a PG program in Dredging and Harbour Engineering at IMU, Visakhapatnam
campus in 2010 for the first time in the country.
(iii)Developing strong research base at IITs, IISc and in other engineering
institutions and generating multi-institutional research programs and
developing strong connection between teaching institutions and research
orgnisations in the context of naval research through NRB.
(iv) Setting up and establishing FROST, Odisha
I Society
13 Invited mentor and speaker of INSPIRE program for development of science interest in
school children sponsored by DST at Port Blair Campus of Pondichery University, at IMU
Visakhapatnam Campus and at NIT Rourkela during 2012, 2013 and 2015.
14 Lectures at schools and colleges in Odisha regarding water awareness.
15 Safety of wooden boats moving in rivers and coastal waters for tourism and fishing is a
major concern which has been a major concern for me. I have now been involved in
modifying an existing wooden boat for higher safety and reduction of pollution. This
activity is to continue.

(d) Any other: More than 50 technical paapers published

d. Peer Recognition (National/International Honours, Awards, Prizes

including honorary degree)
Awarded National Scholarship for Higher Study Abroad by Government of India in
1973 till 1976.

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Awarded Silver Medal by IIT Kharagpur in 1970 for securing first position in [Link] (H) course
in Naval Architecture.
Awarded Marine Engineering Division Medal, Institution of Engineers (India), 2001.
Awarded Institution Medal (Col. [Link]), Institution of Engineers (India), 2001.
[Link] Memorial Award for Best paper, June 04 issue of Marine Engineers Review (India),
2005 given by Institution of Marine Engineers (India).
Rashtriya Gaurav Award presented by India International Friendship Society in 2004.
Best Citizen of India Award and Citation in the book by the same title, published by
International Publishing House, New Delhi, 2004.

[Link]/Fellowship of National/International Professional Bodies

Founder President, Forum for River and Ocean Scientists and Technologists, Odisha
Fellow of Institution of Engineers (India)
Fellow of Institution of Marine Engineers(India)
Life Member of Institution of Marine Technologists, Mumbai

Life Member of Indian Society for Technical Education

Member of Society of Naval Architects and Marine Engineers, USA.
Member, Indian technical Committee of Class NK, Nippon Kaiji Kyokai, Japan, 2012
onwards.
Member, Technical Committee of IRS, Mumbai.
Member of PMCC for acquisition of 2 coastal research vessels by NIOT funded by MoES.

8. Specific outstanding Accomplishments meriting the award (within 100 words): (Detailed
biography may be provided as an annexure)
Apart from teaching naval Architecture to students, Prof Misra has been involved in design
of ships and boats and other water based infrastructure including a 600 TEU container
vessel and marine engineering laboratory Ship in Campus. His book Design Principles of
Ships and Marine Structures published by Taylor and Fransis Group has been widely
appreciated. After his retirement from active service, apart from being the Chairman of
Naval research Board, he has formed a think tank FROST. His current interests include
safety and sustainability in boats of inland water transportation, increasing water
awareness in Odisha and ancient river and coastal transportation system for building shore
based temples.
**************

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Section III – Evaluation and Qualification Criteria

1 Technical Part
1.1 Adequacy of Technical Proposal
a. Dredging Methodology
b. Environmental, Social, Health and Safety (ESHS)
obligation
c. Work Program
d. Site Organization and Communications Plans
e. Sub-Contracting
1.2 Multiple Contracts – Not Applicable
1.3 Specialised Sub- Contract – Not Applicable
1.4 Qualification Criteria
1.5 Net Present Value – Not applicable as per ITB 35.1 (f)

2 Qualification
2.0 Nature of Bidder
2.1 Eligibility
2.2 Historical Contract Performance
2.3 Financial Situation and performance
2.4 Experience
2.5 Quality Requirements
2.6 Contractors Representative & Key Personnel
2.7 Equipment

3 Financial Part

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1. Technical Part
1.1 Adequacy of Technical Proposal

Evaluation of the Bidder’s Technical Proposal will include:

i. An assessment of the Bidder’s technical capacity to mobilize key equipment and
personnel for the contract consistent with its proposal regarding work methods,
scheduling, material sourcing and Quality Control/Assurance in sufficient detail
and fully in accordance with the requirements stipulated in Section VII
(Description of the Services).
For this purpose, the Bidder should also submit:
A. Dredging Methodology:

ii. Statement of Work Methods: This shall demonstrate the Bidders capability to
define, optimize and carry out on a timely basis the physical interventions
detailed in the scope of requirements specified in Section VI.

iii. The work methodology shall include a mobilization and execution plan that
details how the bidder will, do the work of

Fairway Maintenance Contract for Providing Assured Least Available Depth of

2.2 m with 45 m channel width including Removal of Hard Strata, River
Conservancy works, Channel marking etc. in Ghazipur – Varanasi (133 km)
Stretch of National Waterway -1 (River Ganga)

B. Environmental, Social, Health and Safety (ESHS) obligation

▪ A detailed note outlining its proposed methodology and program of
work including compliance with the Environmental, Social, Health and
Safety (ESHS) obligations
▪ An outline proposal on how the contractor shall minimize environmental
impacts especially to sensitive and critical areas including but not limited
to reed lands, mud flats, mangrove forests and migratory bird habitats
taking into account:
▪ The requirement for dredging sediment volumes in shallow waterways;
placing dredged materials in-stream; and, early detection and
quantification of hazardous sediment and its removal; and
▪ The requirement to minimize noise, water and air pollution from its own
operations.
▪ An outline Quality Assurance Plan; and
▪ A Health and Safety Plan specific to the proposed works

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1. Work Program:
A Work Program compiled on a project management software (like MS Project,
Primavera or similar) which must clearly show the major project works proposed and
the corresponding timeline with the following characteristics:
(i) Show work stages (Mobilization, Survey, Dredging, Maintenance
services, and Demobilization, etc.) and BOQ Items with the
corresponding timeline;

(ii) Show the leading, lagging and critical activities, with linkages to related
activities, milestones, key personnel in charge, etc.;

(iii) Resources (equipment, material, personnel, etc.) plan to achieve the Work
Program.
2. Site Organization and Communications Plans: that clearly provide:
• i. An overall organization chart showing the division between site offices and
head office responsibilities;
• ii. A site organization chart clearly showing responsibilities and functions of key
personnel. The person in-charge and the second in command for each location
and their responsibilities;
• iii. The proposed layout of the Contractor’s facilities and equipment, including
offices and accommodation units based on the proposed sites and waterways
routes;
• iv. Internal Communications Plan within the Contractor’s organization and
between its home office and the site offices;
• v. External Communication Plan between the Contractor, the Project
Manager/Supervision & Performance Monitoring Consultant, Related
Stakeholders, Users, and Employer;
• vi. Navigational protocol to assure free passage for ships during dredging or
other works.
3. Sub-contracting
an assessment of the details of subcontracting elements of works amounting
to more than 10% of the bid price; for each element proposed to be sub
contracted furnish details whether the identified Sub-contractor possesses
the required qualifications and experiences to execute that element
satisfactorily.

[Work should not be split into small parts and sub-contracted].

1.2 Multiple Contracts if permitted under ITB 35.3, - Not Applicable

1.3 Specialised Subcontractors - Not Applicable.

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1.4 Qualification Criteria

Pursuant to ITB 32.1, the Employer shall assess each Bid against the following Qualification
Criteria. Requirements not included in the text below shall not be used in the evaluation of
the Bidder’s qualifications.

In case a contractor while working on an IWAI contract, applies for another similar
contract to be executed by IWAI, then to check whether the contractor meets the
qualification criteria for the new contract, IWAI will calculate the bid capacity of the
bidder as per the formula mentioned at 2.4.2 (d).

In case a contractor while working / selected for an IWAI contract, applies for another similar
contract to be executed by IWAI, then to check whether the contractor is having adequate
equipment for the new contract, IWAI will check the adequacy of the equipment as per following
priority of on going tenders:
(i) Ongoing works with IWAI
(ii) Fairway Maintenance of Majhaua – Ghazipur stretch
(iii) Access Channel of MMT Haldia
(iv) Fairway Maintenance of Ghazipur - Varanasi stretch
(v) Fairway Maintenance of Sultanganj–Mahendrapur & Mahendrapur–Barh stretches

2.0 Bidder to indicate whether they are In the event of

of presenting a Single Entity bid Subcontracting, the
Nature
details of the Sub-
Bidder Or Joint Venture Bid
contractor likely to be
Or Intend to Sub-Contract deployed be identified in
the proposal (Max 25%
work)
Details & Profile of Sub-
contracting firms to be
submitted.

• Format provided in Section – IV (Bidding Forms)

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Eligibility and Qualification Criteria Documentation

Compliance Requirements
Joint Venture where permitted Submission
No. Subject Requirement Single Entity
All Parties Requirements
Each Member One Member
Combined

2.1 Eligibility
2.1.1 Nationality Nationality in accordance with ITB Sub- Must meet Existing or Must meet N/A Forms ELI –
Clause 4.3 requirement intended JV requirement 1.1 and ELI -
must meet 1.2 with
requirement attachments
2.1.2 Conflict of Interest No conflicts of interest in accordance Must meet Existing or Must meet N/A
with ITB Sub - Clause 4.2 requirement intended JV requirement Letter of Bid
must meet
requirement.
2.1.3 Bank Eligibility Not having been declared ineligible by Must meet Existing JV Must meet N/A
the Bank, as described in ITB Sub- requirement must meet requirement Letter of Bid
Clause 4.4.& 4.7 requirement
2.1.4 Government Owned Bidder to meet conditions of ITB Sub- Must meet Must meet Must meet N/A Forms ELI -
Entity Clause 4.5. The entity should not be a requirement requirement requirement 1.1 and 1.2
dependent agency of the borrower or with
sub-borrower or Employer. attachments
2.1.5 United Nations Not having been excluded as a result of Must meet Must meet Must meet N/A
resolution or prohibition in the Borrower’s country requirement requirement requirement
Borrower’s country law laws or official regulations against
commercial relations with the Bidder’s
country, or by an act of compliance with
UN Security Council resolution, both in
Letter of Bid
accordance with ITB 4.7 and Section V.

2.2 Historical Contract Non-Performance

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Eligibility and Qualification Criteria Documentation

Compliance Requirements
Joint Venture where permitted Submission
No. Subject Requirement Single Entity
All Parties Requirements
Each Member One Member
Combined
2.2.1 History of Non- Non-performance of a contract2did not Must meet Must meet the Must meet N / A
Performing Contracts occur as contractor since 1st January requirement requirement requirement or as Form
2017 (Past 7 years) member to past or CON - 2
existing JV
2.2.2 Suspension due to Not under suspension based on Must meet Must meet Must meet N/A
withdrawal of the Bid execution of a Bid Securing Declaration requirement requirement requirement Letter of Bid
within Bid validity pursuant to ITB 4.6 or withdrawal of the
Bid pursuant ITB 19.9.
2.2.3 Pending Litigation Bidder’s financial position and Must meet Must meet N/A
prospective long term profitability sound requirement requirement by
according to criteria established in 2.3.1 itself or as Must meet Form
below and assuming that all pending member to past requirement by CON - 2
litigation will be resolved against the or existing JV itself or as
Bidder member to past
2.2.4 Litigation History No consistent history of court/ arbitral Must meet Must meet or existing JV N/A
Form
award decisions against the Bidder3 requirement requirement
CON - 2
since 1st January 2017 (Past 7 years)
2.2.5 Declaration: Declare any civil work contracts that have Must make the
been suspended or terminated and/or Each must make
Environmental, Social, declaration.
performance security called by an employer the declaration.
Health, and Safety Where there are Where there are
(ESHS) past for reasons related to the non-compliance of Form CON-3
any environmental, or social, (including
Specialized Sub- Specialized Sub-
performance ESHS
sexual exploitation and abuse (SEA) and contractor/s, the N/A contractor/s, the N/A
Specialized Sub-
Performance
gender-based violence (GBV) or health or Specialized Sub-
contractor/s must Declaration
safety requirements or safeguard in the past contractor/s must
five years4 since 1st Jan, 2019 also make the also make the
.or ( FY Ending 2023-24) declaration.
declaration.

the Employer shall exercise its discretion in evaluating the past performance and litigation, if any, of the bidders with IWAI or any other Central / State / Statutory / Autonomous / Government organisation’s etc
IWAI reserves the right to satisfy itself and decide in the interest of the project and the organisation as per extant Government guidelines.
3 The Bidder shall provide accurate information on the letter of Bid about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the last seven years. A consisten
history of court/arbitral awards against the Bidder or any member of a joint venture may result in disqualifying the Bidder.
4The Employer may use this information to seek further information or clarifications in carrying out its due diligence.

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Eligibility and Qualification Criteria Documentation

Compliance Requirements
Joint Venture where permitted Submission
No. Subject Requirement Single Entity
All Parties Requirements
Each Member One Member
Combined

2.3 Financial Situation and Performance

2.3.1 Financial Capabilities (a) The Bidder shall demonstrate that it Must meet Must meet Each member Must meet at
has access to, or has available liquid requirement Must meet at least least 51% of
100% 15% of the
assets, unencumbered real assets, lines requirement the
requirement as a requirement
of credit, and other financial means minimum, such
(independent of any contractual as a
that all partners Form FIN –
minimum
advance payment) sufficient to meet the combined meet 3.1, with
cash flow requirements estimated as INR 100 % of the attachments
8.58 Crore (Rs. Eight Crore Fifty Eight requirement.
Lakh) (about 3 months cash flow at peak
period of work) for the subject
contract(s) net of the Bidders other
commitments
(b) The Bidder shall also demonstrate, to Must meet Must meet N/A Must meet
the satisfaction of the Employer, that it requirement requirement. requirement Form FIN –
has adequate sources of finance to meet 3.1 (A), with
the cash flow requirements on works attachments
currently in progress and for future
contract commitments
(c) The audited balance sheets or, if not Must meet Must meet Must meet
required by the laws of the Bidder’s requirement 100% of the requirement N/A
country, other financial statements requirement
acceptable to the Employer, for the last Form FIN –
5 years (ending FY 2022-23) shall be 3.1, with
submitted and must demonstrate the attachments
current soundness of the Bidder’s
financial position and indicate its
prospective long-term profitability.

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Eligibility and Qualification Criteria Documentation

Compliance Requirements
Joint Venture where permitted Submission
No. Subject Requirement Single Entity
All Parties Requirements
Each Member One Member
Combined
2.3.2 Annual Average INR
Minimum average annual turnover Must meet Must meet Must meet at least Must meet at
Turnover requirement 100% 15% of the least (51%)
30.89 Crore (INR Thirty Crore requirement requirement as a as a
Eighty Nine Lakh only) calculated minimum, such minimum
as total certified payments received for that all partners
combined meet Form FIN - 3.2
contracts in progress and/or
100 % of the
completed within the last five financial requirement.
years, divided by five years ending
31st March 2022-23.

2.4 Experience
2.4.1 General Dredging Must meet Must meet N/A Must meet Form EXP –
Experience Experience under contracts for similar works requirement requirement requirement 4.1
such as those pertaining to:

Similar works such as those

pertaining to General Dredging and
hard strata removal Experience in
Ports / River / Lakes/ Canals/ Water
Bodies, including Management of
Vessel and Manning of Vessel or
Vessel related Marine Works or
River Dredging and management of
dredging materials or Dredged
material used in reclamation of port
/ harbour during last 7 years ending
last day of month previous to the one
in which this tender is invited should
be either of following:

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Eligibility and Qualification Criteria Documentation

Compliance Requirements
Joint Venture where permitted Submission
No. Subject Requirement Single Entity
All Parties Requirements
Each Member One Member
Combined
In a role of Contractor, JV member, Sub-
contractor, or management contractor for at
least the last seven (7) years ending last day
of month prior to the bid submission deadline
(FY 2022-23)

2.4.2 (a) Specific Dredging Bidder should have successfully Must meet Must meet N/A Must meet Form EXP
Experience completed as a prime contractor, JV requirement requirement requirement 4.2 (a). The
member5, management contractor or sub-
for one contractor
contractor, minimum
contract of should have
Three similar works each costing not
less than INR 13.73 Crore or Hard Strata 51% borne
dredged Quantity of 1,60,517Cum responsibility
OR for execution
Two similar works each costing not less of works to
than INR 17.16 Crore or Hard Strata
the extent he
dredged Quantity of 2,00,647Cum
claims
OR experience.
One similar work costing not less than A contractor
INR 27.46 Crore or Hard Strata dredged should not
Quantity of 3,21,034Cum
claim
For the purpose of completed works, The experience
value of the completed contract for similar for the works
works should not be less than 80% of the he has never
contract value. executed.
A certificate for ongoing works from the
employer stating the Value6 of the work &
80 % completion has been achieved shall
be considered as completed and certificate
of employer in this regard stating

5
For contracts under which the Bidder participated as a joint venture member or sub-contractor, only the Bidder’s share, by value, shall be considered to meet this requirement
6
At FY 2021-22 price level. Cost of completed works of previous years shall be given weightage @5% per year based on rupees value to bring them to the price level of the financial year in which
bids are received.
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Eligibility and Qualification Criteria Documentation

Compliance Requirements
Joint Venture where permitted Submission
No. Subject Requirement Single Entity
All Parties Requirements
Each Member One Member
Combined
percentage of completion shall be
submitted.
2.4.2 (b) The value of the similar work where 80% of contract value is paid will be considered as complete for evaluation purposes.

In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the Form EXP –
minimum value of a single contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a 4.2 (b)
single contract as required for single entity. In determining whether the JV meets the requirement of total number of contracts, only the
number of contracts completed by all members each of value equal or more than the minimum value required shall be aggregated.

2.4.2 (c) Specific Experience in For the contracts in 2.4.2 (a) above Desirable Desirable Desirable Desirable
managing ES aspects and/or any other contracts [substantially
completed and under implementation]
as prime contractor, joint venture Form EXP –
member, or Subcontractor since 1st 4.2 (c)
January 2019 and Application
submission deadline, experience in
managing ES risks and impacts.
2.4.2 (d) Bidders who meet the minimum qualification criteria will be qualified only if their available bid capacity for work is equal to or more than the total bid value
of the work. The available bid capacity will be calculated as: - Assessed Available bid capacity7 = (A*N*1.5 - B)
where,
A = Maximum value of all works executed in any one year during the last five years (updated to the price level of the financial year 31st March, 2023 at the
rate of 5% per year), taking into account the completed as well as works in progress).
N = Number of years prescribed for completion of the works for which bids are invited (period up to 6 months to be taken as half-year and more than 6
Form EXP –
4.2 (d)
months as one year).
B = Value, at the current price level, of existing commitments on on-going works to be completed during the period of completion of the works for which
bids are invited.
Note: the statements in Section IV showing the value of existing commitments of on-going works as well as the stipulated period of completion remaining
for each of the works listed should be countersigned by the Engineer in charge, not below the rank of an Executive Engineer or equivalent.

7
During technical evaluation, the available bid capacity will be calculated and compared with the estimated cost. After opening of the financial bids (Part – II) and during the financial
evaluation, the bid capacity will be further validated with discovered price.
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Eligibility and Qualification Criteria Documentation

Compliance Requirements
Joint Venture where permitted Submission
No. Subject Requirement Single Entity
All Parties Requirements
Each Member One Member
Combined
2.5 Quality Requirements
2.5.1 ISO 9001-2008/2015 Valid - Quality Management Certificate Must meet Must meet N/A Must meet Valid ISO 9001
quality Management issued by the International Organization for requirement requirement requirement Certification.
system requirement Standardization EXP – 5.0

2.5.2 ISO 45001 - Valid - Relevant ISO 45001 certificate and Must meet Must meet N/A Must meet
Experience in occupational health and safety Valid ISO 45001
Occupational Health requirement requirement requirement certificate or
and Safety management
equivalent. EXP
Management or – 5.0
Equivalent
2.5.3 ISO 14001: 2004 / 2015 Valid - Relevant Environmental management Must meet Must meet N/A Must meet Valid ISO
certificate and experience with requirement requirement requirement 14001:2004/201
Environmental 5 certificate.
environmental management systems.
Management systems EXP – 5.0

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2.6 Contractors Representative & Key personnel

The Bidder must demonstrate that it will have a suitably qualified (and in adequate numbers) minimum key
personnel, as described in the table below, that are required to perform the contract.
The Bidder shall provide details for the key personnel and such other Key Personnel that the Bidder considers
appropriate, together with their academic qualifications and work experience.
The Bidder shall complete the relevant Forms in Section IV, Bidding Forms.
The Contractor shall require the Employer’s consent to substitute or replace the Key Personnel.
Minimum
Position/specialization years of MUST meet
Item
required for each lot Relevant academic qualifications relevant requirement
No.
work
experience
Contract Contract/Project Manager shall have a 7 Bidder to
Manager/Project bachelor’s degree in civil/mechanical provide the
Manager engineering and an experience of minimum details of the
10 years’, out of which at least 7 years shall manpower
be in managing projects of similar nature. along with the
Bid.
Personnel must have experience in
1 executing dredging projects. To be
The desirable age of the personnel as on the considered for
date of bid submission shall not be more evaluation.
than 50 years, however, if the personnel
above 50 years is proposed, then the
specific health fitness certificate shall be
submitted with the bid.
Surveyor Diploma in Civil Engineering /Mechanical 3
Engineering / Surveying with 3 years’
2 experience in Hydrographic Survey or
Survey Recorder I/II in Hydrographic
Survey.
3 Dredger Master Dredging experience in River/Canal/Port 7

Suitable experts in the following specializations

4 Crew Must have inland vessel certification Desirable at the
5 Social Expert Graduate or equivalent in social sciences 3 time of Bid
Environment Expert Graduate in Environmental Engineering/ 3 Submission. To
6 be provided at
Environmental Sciences
the time of
Health & Safety Expert Graduate in Engineering/ Sciences and must 3
contract
7 have Diploma / Certification in health and signing.
safety

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2.7 Equipment – The Bidder must demonstrate that it has the Key
Equipment listed hereafter
Equipment Equipment Type & Characteristics Minimum Capacity
6.1 .1 Dredger - Minimum of two (2) nos. of Cutter Suction The valid statutory
Dredger Dredgers having capacity of dredging minimum of 250 cum certificates shall be
of solids per hour with suitable discharge pipes. submitted along with the
technical details for the
a) The dredgers must be registered as ‘Dredger’ either under Evaluation of the bids.
Inland Vessel Act, 2021 or under Merchant Shipping Act, .
1958 and must have valid registration certificate from These Equipment must
the designated authority under Inland Vessel Act, 2021 be either owned or hired
or under Merchant Shipping Act, 1958. or ‘to be procured’ by the
b) Dredgers must have valid Survey certificates from the bidder and/or by member
of JV.
designated authority under Inland Vessel Act, 2021 or
In case the dredgers /
under Merchant Shipping Act, 1958. survey vessel is leased
c) The above valid certificates as on date of submission of or hired, a proper
bid shall be submitted with the technical bid lease/hire agreement on
Stamp paper shall be
d) These equipment’s shall be deployed after removal of submitted along with the
hard strata. However, for the purpose of Qualification technical bid stating that
the proposed equipment
all required details of the equipment’s shall be (along with the details
submitted alongwith the Bid. and statutory
certificates) shall be
6.1.2 (i) Spud Pontoon mounted with Excavator having Bucket available to the bidders
For Removal of attachment- Minimum of two (2) nos. of Spud Pontoon for immediate
Hard Strata mounted with 50 Ton Class Excavator having 1.5 cum bucket deployment on the
Award of the Work.
capacity of removal of hard strata minimum of 50 cum per
hour. In case, the equipment is
(ii) Dredger - Minimum of two (2) nos. of Self Propelled proposed to be procured,
the proof of intent along
Grab Hopper Dredger having 500 cum per day dredging with expected delivery
capacity each period from award date
duly accepted / issued by
(iii) Rock Breaker and Chisel - Having suitable capacity for
the manufacturer shall
demolishing of hard Strata with minimum environment be submitted along with
effect & minimal effort . the technical bid.
(iv) Barges- Minimum of four (4) nos. of Self-Propelled
Details also to be
Hopper Barges having 300-500 cum storage capacity each provided in Form
(a) The dredgers must be registered as ‘Dredger’ either Schedule E
under Inland Vessel Act, 2021 or under Merchant
Shipping Act, 1958 and must have valid registration
certificate from the designated authority under Inland
Vessel Act, 2021 or under Merchant Shipping Act, 1958.
(b) The Pontoon / Barges must be registered either under
inland Vessel Act,2021 or under Merchant Shipping Act,
1958. and must have valid registration certificate from
the designated authority under Inland Vessel Act, 2021
or under Merchant Shipping Act, 1958.

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c) Dredgers/ Pontoon / Barge must have valid Survey

certificates from the designated authority under Inland
Vessel Act, 2021 or under Merchant Shipping Act, 1958.
d)The above valid certificates as on date of submission of
bid shall be submitted with the technical bid
6.2 Survey Vessel Survey Vessel. 1 no. should be Equipped with Multi beam The details of these
eco-sounder, Altimeter for facilitating the measurement of equipment shall be
submitted at the time of
Depth & Width of the Channel bidding along with their
technical details for the
a) The survey launch / motor vessel / tug / boat must be
Evaluation of the bids.
registered either under Inland Vessel Act, 2021 or
under Merchant Shipping Act, 1958 and must have These Equipment
valid registration certificate from the designated must be either owned or
authority under Inland Vessel Act, 2021 or under hired* or ‘to be procured’
by the bidder and/or by
Merchant Shipping Act, 1958.
member of JV
(In case of JV)
b) The survey launch / motor vessel / tug / boat must have
Details also to be
valid Survey certificates from the designated authority provided in Form
under Inland Vessel Act, 2021 or under Merchant Schedule E
Shipping Act, 1958.
c) The above valid certificates as on date of submission of
bid shall be submitted with the technical bid.”
6.3 Tug Boats Tug Boats - Having suitable capacity of Main Engine for pulling the Desirable at the time of
Dredgers and allied equipment / floating boats / pipelines etc. bidding.
a) The Tug / Boat / Motor vessel must be registered either
under Inland Vessel Act, 2021 or under Merchant Shipping Details also to be
Act, 1958 and must have valid registration certificate from provided in Form
the designated authority under Inland Vessel Act, 2021 or Schedule E
under Merchant Shipping Act, 1958.
b) Tug / Boat / Motor vessel must have valid Survey certificates
from the designated authority under Inland Vessel Act, 2021
or under Merchant Shipping Act, 1958.
C) The above valid certificates as on date of submission of bid
shall be submitted with the technical bid.”
6.4 Accommodation Boats. To accommodate Operational staff Desirable at the time of
Accommodation a) The Accommodation Boat / Suitable Boat with bidding.
Boats accommodation must be registered either under Inland
Vessel Act, 2021 or under Merchant Shipping Act, 1958 and Details also to be
must have valid registration certificate from the designated provided in Form
authority under Inland Vessel Act, 2021 or under Merchant Schedule E
Shipping Act, 1958.
b) Accommodation Boat / Suitable Boat with accommodation
must have valid Survey certificates from the designated
authority under Inland Vessel Act, 2021 or under Merchant
Shipping Act, 1958.
c) The above valid certificates as on date of submission of bid
shall be submitted with the technical bid.”

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6.5 Details of To be hired with the details of the Equipment as per format As per format at Form
Equipment EXP – 6.6
Bidders to Note:
*Bidders to Note - Clause 114 (Repeal and Savings) of IV Act, 2021:
114. Repeal and savings.— (1) The Inland Vessels Act, 1917 (1 of 1917) is hereby repealed. (2)
Notwithstanding the repeal of the enactment referred to in sub-section (1),—

(a) any notification, rule, regulation, bye-law, order or exemption issued, made or granted under the
enactment hereby repealed shall, if it is not inconsistent with the provisions of this Act, continue to be in
force unless and until revoked, and shall have effect as if it had been issued, made or granted under the
corresponding provision of this Act;

(b) any officer appointed and anybody elected or constituted under any enactment hereby repealed
shall continue and shall be deemed to have been appointed, elected or constituted unless specifically
removed or replaced by appointment of officer or offices, as the case may be, under this Act;

(c) any document referring to the enactment hereby repealed shall be constructed as referring to this Act
or to the corresponding provision of this Act;

(d) any fine levied or penalty imposed under the enactment hereby repealed may be recovered as if it had
been levied under this Act;

(e) any offence committed under the enactment hereby repealed may be prosecuted and punished as if it
had been committed under this Act;

(f) sailing vessels or sailing boats registered under the enactment hereby repealed shall be deemed to have
been registered under the Act;

(g) mortgages of any mechanically propelled inland vessels recorded in any register book maintained at
any port in India under the enactment hereby repealed shall be deemed to have been recorded in the register
book under the corresponding provision of this Act;

(h) any licence, certificate of competency or service, certificate of survey, licenses or any other certificate
or document issued, made or granted under the enactment hereby repealed and in force at the
commencement of this Act shall be deemed to have been issued, made or granted under this Act and shall,
unless cancelled under this Act, continue in force until the date shown in the certificate or document, as
the case may be.

(3) The matters specifically provided in this section, shall not be held to prejudice or affect the general
application of section 6 of the General Clauses Act, 1897 (X of 1897).

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Financial Part
1 Margin of Preference Not Applicable
2 DELETED
3 Alternative Completion Times (ITB 13.2) Not Applicable
4 Alternative Technical Solutions Financial Part for specified Not Applicable
parts of the Works (ITB 13.4)
5 Other criteria (if permitted under ITB 35.1(f)) Not Applicable

3.1 Multiple Contracts if permitted under ITB 35.3, will be evaluated as under -Not
Applicable
If works are grouped in multiple contracts pursuant to Sub-Clause 35.3 of the Instructions to
Bidders, the Employer will evaluate and compare Bids on the basis of a contract, or a
combination of contracts, or as a total of contracts in order to arrive at the least cost combination
for the Employer by taking into account discounts offered by Bidders in case of award of
multiple contracts, subject to the selected Bidder(s) meeting the required qualification criteria
for lot or combination of lots as the case may be.
3.2 Other Criteria (if permitted under ITB 35.1 (f) – Not Applicable

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Section IV. Bidding Forms

Table of Forms
1 Bid Submission Form / letter of Bid & Technical Proposal Form

The bidder’s Technical Proposal shall include the following details in the
prescribed forms along with technical bid.
SCHEDULE B….Site Organization
SCHEDULE C…. Dredging Methodology & Dredging Management Plan (Method statement)
SCHEDULE D…...Mobilization Schedule.
SCHEDULE E…...Contractor’s Equipment
SCHEDULE F……Key Personnel Proposed with Resumes
SCHEDULE G…...Subcontractors & JV details
SCHEDUEL H……ESHS Management Strategies and Implementation Plans (ESHS-MSIP)
SCHEDUEL I…… Code of Conduct for Contractor’s Personnel (ES) Form
Format Reference Content
Form ELI-1.1 Section-III QR 2.1-
Bidder’s / JV Information Form with
1.1 Form ELI - 1.2 & Eligibility
attachments
1.2A
Section-III QR 2.2
Historical Contract Non-performance, Pending
1.2 Form CON-2 (Historical Contract Non-
Litigation and Litigation history
Performance)
Section-III QR 2.2.5 ( Environmental, Social, Health, and Safety
1.3 Form CON-3
ESHS ) Performance Declaration
Section-III QR 2.3 Financial Situation and Performance; Cash
Form FIN-3.1 ;
1.4 (Financial) Flow/ Working Capital; Financial Resources;
Fim3.1A ; Fin 3.2
Average Annual Dredging Turn Over.
1.5 Form EXP-4.1 Section-III QR 2.4 ( General Dredging Experience; Specific
Form EXP-4.2(a) Experience) Dredging and Contract Management
Form EXP-4.2(b) [2.4.1 to 2.4.2(d)] Experience; Specific Dredging Experience of
Key Activities;
Form EXP-4.2(c) Section-III QR 2.4.2 (c) Specific Experience in managing ES aspects
& Code of Conduct: Environmental, Social,
Health and Safety (ESHS).
Form EXP-4.2(d) Section-III QR 2.4.2 (d) Current Contract Commitment for Bid Capacity
1.6 Form Exp 5.0 Section-III QR 2.5 (Quality Quality Requirements
Requirements)
2. Bid Security (Format)
3. Format for the Affidavit
4. Letter of Bid – Finance Pat (Bid Price Form)
Appendix to Financial Part – BOQ
Financial Bid – BOQ online submission Schedule

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Letter of Bid – Technical Part

The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly
showing the Bidder’s complete name and address.

Date:
NCB No.:
Invitation for Bid No.:

To: (Insert name of the Employer)

Subject: - Fairway Maintenance of Ghazipur – Varanasi (133 Km) stretch including Removal
of Hard Strata in National Waterway – 1 (River Ganga)

We, the undersigned, hereby submit our bid, in two parts, namely:

1. the Technical Part, and

2. the Financial Part

In submitting our Bid, we make the following declarations:

a) We have examined and have no reservations to the Bidding Documents, including Addenda issued in
accordance with Instructions to Bidders (ITB8);

b) We meet the eligibility requirements and have no conflict of interest in accordance with ITB 4;
c) We have not been suspended nor declared ineligible by the Employer based on execution of a
Bid-Securing Declaration or Proposal-Securing Declaration in the Employer’s Country in
accordance with ITB 4.6;
We offer to execute in conformity with the Bidding Documents the following Works: _ Fairway
Maintenance of Ghazipur – Varanasi (133 Km) stretch including Removal of Hard Strata
in National Waterway – 1 (River Ganga)
d)
e) Our bid shall be valid for a period of 120 days [insert validity period as specified in ITB 18.1.] days
from the date fixed for the bid submission deadline in accordance with the Bidding Documents, and it
shall remain binding upon us and may be accepted at any time before the expiration of that period;

f) We accept the appointment of [insert name proposed in Bid Data Sheet] as the Adjudicator

[or]

We do not accept the appoint of [insert name proposed in Bid Data Sheet] as the Adjudicator, and
propose instead that [insert name] be appointed as Adjudicator, whose daily fees and biographical
data are attached;

g) If our bid is accepted, we commit to obtain a performance security [and an Environmental, Social,
Health and Safety (ESHS) Performance Security, Delete if not applicable] in accordance with the
Bidding Document;

h) We are not participating, as a Bidder, in more than one bid in this bidding process in accordance with
ITB 4.2,

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i) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers for any part of the
contract, has not been declared ineligible by the Bank, under the Employer’s country laws or official
regulations or by an act of compliance with a decision of the United Nations Security Council(ITB 4.7);

j) We are not a government owned entity / We are a government owned entity but meet the requirements
of ITB 4.58;

k) We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will
engage in any type of fraud and corruption.

l) We understand that this bid, together with your written acceptance thereof included in your notification
of award, shall constitute a binding contract between us, until a formal contract is prepared and
executed;

m) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may
receive; and

n) If awarded the contract, the person named below shall act as Contractor’s Representative: _

Name of the Bidder* [insert complete name of person signing the Bid]

Name of the person duly authorized to sign the Bid on behalf of the Bidder** [insert complete name of
person duly authorized to sign the Bid]

Title of the person signing the Bid [insert complete title of the person signing the Bid]

Signature of the person named above [insert signature of person whose name and capacity are shown
above]

Date signed [insert date of signing]day of [insert month], [insert year]

*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder

**: Person signing the Bid shall have the power of attorney given by the Bidder to be attached with the Bid
Schedules.

8
Use one of the two options as appropriate.

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Technical Proposal – Site Organization Schedule – B

Bidders shall provide full particulars of the organisation they propose to establish, direct,
and administer for the performance of the Contract. In particular, bidders shall indicate
the location of site camps and the resources they intend to allocate to Self-Control Units
for planning and monitoring purposes.

1. SITE ORGANIZATION CHART

2. NARRATIVE DESCRIPTION OF SITE ORGANISATION CHART

Site Organization and Communications Plans that clearly provide: -

i. An overall organization chart;
ii. A site organization chart;
iii. Internal Communications Plan;
iv. External Communication Plan; and
v. Navigational protocol to assure free passage for vessels during dredging or
other works.

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Schedule – C
Technical Proposal – Dredging Methodology &
Dredging Management Plan (Method Statement)
(a) Contractor’s Statement of Work Methods

To demonstrate a clear understanding of the requirements of the Contract, Bidders shall

provide in the form of a narrative descriptions, sketches and drawings, how the works
shall be undertaken.
The Statement of Work Methods shall demonstrate the Bidders capability to define,
optimize and carry out on a timely basis the physical interventions detailed in the scope
of requirements specified in Section VII.

The Statement of Work Methods shall include a mobilization and execution plan that
details how the bidder will, on waterway stretch, carry out on a timely basis the following:
-
Fairway Maintenance of Ghazipur – Varanasi (133 Km) stretch including Removal of Hard
Strata in National Waterway – 1 (River Ganga)

i. An outline proposal on how the Contractor shall minimize environmental impacts

especially to sensitive and critical areas including but not limited to reed lands,
mud flats, mangrove forests and migratory bird habitats taking into account:

• The requirement for dredging sediment volumes in shallow waterways;

placing dredged materials in-stream or in-river; and, early detection and
quantification of hazardous sediment and its removal; and,
• The requirement to minimize noise, water and air pollution from its own
operations.
ii. An outline Quality Assurance Plan; and,
iii. A Health and Safety Plan specific to the proposed works.

Schedule – D
Technical Proposal – Mobilization Schedule

In accordance with the Particular Conditions, Sub-Clause 16.2, the Contractor shall not
carry out mobilization to Site unless the Project manager gives consent that appropriate
measures are in place to address environmental and social risks and impacts, which at
a minimum shall include applying the Management Strategies and Implementation Plans
(MSIPs) and Code of Conduct for Contractor’s Personnel, submitted as part of the Bid
and agreed as part of the Contract.

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Schedule – E
Technical Proposal – Contractor’s Equipment

The bidder shall provide adequate information to demonstrate clearly that it has the capability
to meet the requirements for the key equipment listed in Section III (Evaluation and
Qualification Criteria), Clause 2.7. The Bidder shall provide all the information requested
below.

Item of No. available

S. Age Leased / To be
Equipment Capacity and present Owned
N. (years) Hired Procured
Description location

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Schedule F
Technical Proposal – Key personnel Proposed

Form PER – 1: Proposed Personnel

Bidders should provide the names of suitably qualified personnel to meet the specified
requirements for each of the positions listed in Section III (Evaluation and Qualification
Criteria), Clause 2.6. The data on their experience should be supplied using the Form
below for each candidate.

S. Position Name Qualification Years of total Years of

No. Experience experience
in
proposed
position

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Schedule – F
Technical Proposal Key personnel
Form PER – 2: Resume of Proposed Personnel
The Bidder shall provide all the information requested below. Fields with asterisk (*) shall
be used for evaluation.

Position*
Personnel Name Date of birth*
information
Professional qualifications
Present Name of Employer
employment
Address of Employer
Telephone Contact (Manager / personnel officer)
Fax E-mail
Job title Years with present Employer

Summarize professional experience in reverse chronological order. Indicate particular technical

and managerial experience relevant to the project.

From* To* Company, Project, Position, and Relevant Technical and Management
Experience*

Declaration: -
I, the undersigned Key Personnel, certify that to the best of my knowledge and belief, the
information contained in this Form PER-2 correctly describes myself, my qualifications
and my experience.
I confirm that I am available as certified in the following table and throughout the expected
time schedule for this position as provided in the Bid:
Commitment Details
Commitment to duration of [insert period (start and end dates) for which this Key
contract: Personnel is available to work on this contract]
Time commitment: [insert the number of days/week/months/ that this Key
Personnel will be engaged]

I understand that any misrepresentation or omission in this Form may:

be taken into consideration during Bid evaluation;
my disqualification from participating in the Bid;
my dismissal from the contract.

Name of Key Personnel: [insert name]

Signature: _________________________Date: (day month year): __________
Countersignature of authorized representative of the Bidder: Signature: _______
Date: (day month year): ____________________________

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Schedule – G

Technical Proposal – Sub Contractors & JV Details

[Insert proposal of sub-contracting elements of works amounting to more than 10% of the bid price
for each element and indicate the name of the sub-contractor, its qualifications and experiences to
execute that element satisfactorily]
Form SC- Sub Contracting
SCHEDULE OF SUBCONTRACTORS

Item Element of % of bid Name and address Qualification and experience of

work price of sub-contractor sub-contractor on similar works
of the elements executed

The Bidder shall enter in this schedule a list of the major sections and appropriate value of the work
for which he proposes to use subcontractors [for those costing more than 10% of the bid price for
each element], together with the names, addresses and experiences of the proposed subcontractors.

The capability of the sub-contractor will also be assessed (on the same lines as for the main
Contractor) before according approval to him.

(Work should not be split into small parts and sub-contracted; but, sub-contracting specialized
elements of works is acceptable).

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Schedule H
Technical Proposal – ESHS Management Strategies and
Implementation Plans
(ESHS-MSIP)

The Bidder shall submit comprehensive and concise Environmental and Social Management
Strategies and Implementation Plans (ES-MSIP) as required by ITB 11.2 (j) of the Bid Data Sheet.
These strategies and plans shall describe in detail the actions, materials, equipment, management
processes etc. that will be implemented by the Contractor, and its subcontractors.

In developing these strategies and plans, the Bidder shall have regard to the ESHS provisions of
the contract including those as may be more fully described in the Works’ Requirements described
in Section VII.

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Schedule -I
Technical Proposal - Code of Conduct for Contractor’s Personnel (ES) Form
The Bidder shall submit the Code of Conduct that will apply to the Contractor’s employees and
subcontractors as required by ITB 11.2 (j) of the Bid Data Sheet. The Code of Conduct shall ensure
compliance with the ESHS provisions of the contract, including those as may be more fully described in
the Works Requirements described in Section VII.
In addition, the Bidder shall submit an outline of how this Code of Conduct will be implemented. This will
include: how it will be introduced into conditions of employment/engagement, what training will be
provided, how it will be monitored and how the Contractor proposes to deal with any breaches.

Code of Conduct for Contractor’s Personnel (ES) Form

CODE OF CONDUCT FOR CONTRACTOR’S PERSONNEL

We are the Contractor, [enter name of Contractor]. We have signed a contract with [enter name of
Employer] for [enter description of the Works]. These Works will be carried out at [enter the Site and other
locations where the Works will be carried out]. Our contract requires us to implement measures to address
environmental and social risks related to the Works, including the risks of sexual exploitation and assault
and gender-based violence.
This Code of Conduct is part of our measures to deal with environmental and social risks related to the
Works. It applies to all our staff, labourers and other employees at the Works Site or other places where
the Works are being carried out. It also applies to the personnel of each subcontractor and any other
personnel assisting us in the execution of the Works. All such persons are referred to as “Contractor’s
Personnel” and are subject to this Code of Conduct.
This Code of Conduct identifies the behaviour that we require from all Contractor’s Personnel.
Our workplace is an environment where unsafe, offensive, abusive or violent behaviour will not
Note to the Bidder:
The minimum content of the Code of Conduct form as set out by the Employer shall not be
substantially modified. However, the Bidder may add requirements as appropriate, including
to take into account Contract-specific issues/risks.
The Bidder shall initial and submit the Code of Conduct form as part of its bid.
be tolerated and where all persons should feel comfortable raising issues or concerns without fear
of retaliation.
REQUIRED CONDUCT
Contractor’s Personnel shall:
1. carry out his/her duties competently and diligently;
2. comply with this Code of Conduct and all applicable laws, regulations and other requirements,
including requirements to protect the health, safety and well-being of other Contractor’s Personnel
and any other person;
3. maintain a safe working environment including by:
a. ensuring that workplaces, machinery, equipment and processes under each person’s
control are safe and without risk to health;
b. wearing required personal protective equipment;
c. using appropriate measures relating to chemical, physical and biological substances and
agents; and
d. following applicable emergency operating procedures.
4. report work situations that he/she believes are not safe or healthy and remove himself/herself from
a work situation which he/she reasonably believes presents an imminent and serious danger to
his/her life or health;
5. treat other people with respect, and not discriminate against specific groups such as women, people
with disabilities, migrant workers or children;

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6. not engage in any form of sexual harassment including unwelcome sexual advances, requests for
sexual favours, and other unwanted verbal or physical conduct of a sexual nature with other
Contractor’s or Employer’s Personnel;
7. not engage in Sexual Exploitation, which means any actual or attempted abuse of position of
vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting
monetarily, socially or politically from the sexual exploitation of another. In Bank financed
projects, sexual exploitation occurs when access to or benefit from Bank financed Goods, Works,
Consulting or Non-consulting services is used to extract sexual gain;
8. not engage in Sexual Assault, which means sexual activity with another person who does not
consent. It is a violation of bodily integrity and sexual autonomy and is broader than narrower
conceptions of “rape”, especially because (a) it may be committed by other means than force or
violence, and (b) it does not necessarily entail penetration.
9. not engage in any form of sexual activity with individuals under the age of 18, except in case of
pre-existing marriage;
10. complete relevant training courses that will be provided related to the environmental and social
aspects of the Contract, including on health and safety matters, and Sexual Exploitation, and
Assault (SEA);
11. report violations of this Code of Conduct; and
12. not retaliate against any person who reports violations of this Code of Conduct, whether to us or
the Employer, or who makes use of the [Project Grievance [Redress] Mechanism].
RAISING CONCERNS
If any person observes behaviour that he/she believes may represent a violation of this Code of
Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly. This can be
done in either of the following ways:
1. Contact [enter name of the Contractor’s Social Expert with relevant experience in handling
gender-based violence, or if such person is not required under the Contract, another
individual designated by the Contractor to handle these matters] in writing at this address [
] or by telephone at [ ] or in person at [ ]; or
2. Call [ ] to reach the Contractor’s hotline (if any) and leave a message.
The person’s identity will be kept confidential, unless reporting of allegations is mandated by the
country law. Anonymous complaints or allegations may also be submitted and will be given all
due and appropriate consideration. We take seriously all reports of possible misconduct and will
investigate and take appropriate action. We will provide warm referrals to contractor s that may
help support the person who experienced the alleged incident, as appropriate.
CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT
Any violation of this Code of Conduct by Contractor’s Personnel may result in serious
consequences, up to and including termination and possible referral to legal authorities.
FOR CONTRACTOR’S PERSONNEL:
I have received a copy of this Code of Conduct written in a language that I comprehend. I
understand that if I have any questions about this Code of Conduct, I can contact [enter name of
Contractor’s contact person with relevant experience in handling gender-based violence]
requesting an explanation.
Name of Contractor’s Personnel: [insert name]
Signature: ____________________________Date: (day month year): _____________________
Countersignature of authorized representative of the Contractor:
Signature: ____________________________Date: (day month year): ___________________

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Appendix to Technical Part

Form - ELI - 1.1: Bidder Information Form
Date: [insert day, month, year]
NCB No. and title: [insert NCB number and title]
Page [insert page number] of [insert total number] pages
Appendix to Technical Part
1.1 Bidder Information
Bidder’s legal name
In case of JV, legal name of each member
Bidder’s country of constitution
Bidder’s year of constitution
Bidder’s legal address in country of
constitution
Bidder’s authorized representative
(Name, address, telephone numbers, fax
numbers, e-mail address)
Attached are copies of the following original documents.
In case of single entity, articles of incorporation or constitution of the legal entity names above, in
accordance with ITB 4.1 and 4.3.
Authorization to represent the firm or JV named in above, in accordance with ITB 20.2.
In case of JV, letter of intent to form JV or JV agreement: in accordance with ITB 4.1 read with BDS
In case of government-owned entity, documents establishing legal and financial authority and
compliance with the principles of commercial law in accordance with ITB 4.5 read with Sub-clause
2.1.4 of Qualification Criteria.
Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.

Appendix to Technical Part

DETAILS OF PARTICIPATION IN THE JOINT VENTURE
PARTICIPATION DETAILS FIRM ‘A’ FIRM ‘B’ FIRM ‘C’ Firm ‘D’
(Lead
Member)
Financial
Name of the Banker(s)
Planning
Equipment
Key Personnel
Execution of Work (Give details on
proposed contribution of each)

The Joint Venture should indicate the details of participation as above.

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Appendix to Technical Part

Form - ELI - 1.2: JV Information Form
(Where permitted as per BDS ITB 4.1)
Each member of a JV must fill in this form
Date: [insert day, month, year]
NCB No. and title: [insert NCB number and title]
Page [insert page number] of [insert total number] pages

JV/Specialist Subcontractor Information

Bidder’s legal name
JV Member’s legal name
JV Member’s country of
constitution

JV Member’s year of constitution

JV Member’s legal address in
country of constitution
JV Member’s authorized
representative information
(Name, address, telephone numbers,
fax numbers, e-mail address)

Attached are copies of the following original documents:

Articles of incorporation or constitution of the legal entity named above, in accordance with ITB
4.1 read with BDS.
Authorization to represent the firm names above, in accordance with ITB 20.2.
In the case of government-owned entity, documents establishing legal and financial autonomy
and compliance with commercial law, in accordance with ITB Sub-Clause 4.5read with Sub-
Clause 2.1.4 of Qualification Criteria.
Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.

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Specialized Subcontractor’s Information (Not Applicable)

Form ELI -1.2 A
NCB No. and title: [insert NCB number and title]

Bidder’s legal name:

Specialized Subcontractor’s legal name:

Specialized Subcontractor’s country of registration:

Specialized Subcontractor’s year of constitution:

Specialized Subcontractor’s legal address in country of constitution:

Specialized Subcontractor’s authorized representative information

Name: ____________________________________

Address: __________________________________

Telephone/Fax numbers: _____________________ E-mail address:

_____________________________

Attached are copies of original documents of

 Articles of Incorporation (or equivalent documents of constitution or association), and/or

registration documents of the legal entity named above, in accordance with ITB 4.4.

 Authorization to represent the Specialized Subcontractor.

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Form CON–2
Appendix to Technical Part
Historical Contract Non-Performance, Pending Litigation and
Litigation History
[The following table shall be filled in for the Bidder and for each member of a Joint Venture]

Bidder’s Name: [insert full name] Date: [insert day, month, year]
Joint Venture Party Name: [insert full name]
NCB No. and title: [insert NCB number and title]
Page [insert page number] of [insert total number] pages
Non-Performed Contracts in accordance with Section III, Qualification Criteria and Requirements
 Contract non-performance did not occur during the (number) years specified in Section III,
Qualification Criteria and Requirements, Sub-Factor 2.2.1.
 Contract(s) not performed during the (number) of years specified in Section III, Qualification
Criteria and Requirements, requirement 2.2.1
Non-
performed Contract Identification Total Contract Amount
Year
portion of (in Indian Rupees)
contract
[insert year] [insert amountContract Identification: [indicate complete contract[insert amount]
and percentage] name/ number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for non-performance: [indicate main
reason(s)]
Pending Litigation, in accordance with Section III, Qualification Criteria and Requirements
 No pending litigation in accordance with Section III, Qualification Criteria and Requirements, Sub-
Factor 2.2.3.
 Pending litigation in accordance with Section III, Qualification Criteria and Requirements, Sub-
Factor 2.2.3as indicated below.

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Year of Amount in Contract Identification Total Contract

dispute dispute (Rupees) Amount (Rupees)
[insert year] [insert amount] Contract Identification: [indicate complete [insert amount]
contract name, number, and any other
identification]
Name of Employer: [insert full name]
Address of Employer: [insert
street/city/country]
Matter in dispute: [indicate main issues in
dispute]
Party who initiated the dispute: [indicate
“Employer” or “Contractor”]

Status of dispute: [Indicate if it is being treated

by the Adjudicator, under Arbitration or being
dealt with by the Judiciary]
Litigation History in accordance with Section III, Evaluation and Qualification Criteria
 No litigation history in accordance with Section III, Qualification Criteria and Requirements, Sub-
Factor 2.2.4.
 Litigation history in accordance with Section III, Qualification Criteria and Requirements, Sub-
Factor 2.2.4 as indicated below.
Year of Outcome as Contract Identification Total Contract
award percentage of Net Amount (Rupees)
Worth
[insert year] [insert Contract Identification: [indicate complete [insert amount]
percentage] contract name, number, and any other
identification]
Name of Employer: [insert full name]
Address of Employer: [insert
street/city/country]
Matter in dispute: [indicate main issues in
dispute]
Party who initiated the dispute: [indicate
“Employer” or “Contractor”]
Reason(s) for Litigation and award decision
[indicate main reason(s)]
Status of dispute: [Indicate if it is being treated
by the Adjudicator, under Arbitration or being
dealt with by the Judiciary]

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Form CON – 3
Appendix to Technical Part : Environmental and Social (ES)
Environmental, Social, Health and Safety Management Strategies and
Implementation Plans Performance Declaration

[The following table shall be filled in for the Bidder, and each member of a Joint Venture and each
Specialized Subcontractor]
Bidder’s Name [insert full name]
Date: [insert day, month, year]
Joint Venture Member Name [insert full name]:
NCB No. and title [insert NCB number and title]
Page… [insert page number] of [insert total number] pages
Environmental, Social, Health, and Safety Performance Declaration
in accordance with Section III, Qualification Criteria, and Requirements
 No suspension or termination of contract: An employer has not suspended or terminated a contract
and/or called the performance security for a contract for reasons related to Environmental, Social, Health,
or Safety (ESHS) performance since the date specified in Section III, Qualification Criteria, and
Requirements, Sub-Factor 2.2.5.
 Declaration of suspension or termination of contract: The following contract(s) has/have been
suspended or terminated and/or Performance Security called by an employer(s) for reasons related to
Environmental, Social, Health, or Safety (ESHS) performance since the date specified in Section III,
Qualification Criteria, and Requirements, Sub-Factor 2.2.5. Details are described below:
Year Suspended or terminated portion of contract & Contract Identification Total Contract
Amount
[insert [insert amountContract Identification: [indicate complete contract name/ [insert amount]
year] and percentage]number, and any other identification]
Name & Address of Employer: [insert full name]/ city /
Reason(s) for suspension or termination: [indicate main
reason(s) e.g., for GBV/ SEA breaches]
… … [list all applicable contracts] …
Performance Security called by an employer(s) for reasons related to ESHS performance
Year Contract Identification Contract Amount
(Rs.)
[insert Contract Identification: [indicate complete contract name/ number, and any[insert amount]
year] other identification]
Reason(s) for suspension or termination: [indicate main reason(s) e.g., for
GBV/ SEA breaches

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FIN – 3.1
Appendix to Technical Part : Financial Situation
Financial Situation and Performance
Bidder’s Name [insert full name]
Date: [insert day, month, year]
Joint Venture Member Name [insert full name]:
NCB No. and title [insert NCB number and title]
Page… [insert page number] of [insert total number] pages
1. Financial data: - [The following table shall be filled in for the Bidder and for each member of a Joint
Venture]

SUMMARY OF FINANCIAL STATEMENTS

Name of bidder/JV Member:
(Equivalent Rs. Million)
S. No. Financial Information in Rupee Actuals for Previous five (5) years Ref. of
equivalent with exchange rate at excluding the current financial year Page
the end of concerned year Nos. of
Balance
Sheets
(1) (2) (3) (4) (5) (6) (7) (8)
1 Total Assets
2 Total Turnover
3 Current Assets
4 Current Assets + Loan &
Advances
5 Total Liabilities
6 Current Liabilities
7 Current liabilities & provision
8 Profit before Interest and Tax
9 Profit before Tax
10 Profit after Tax
11 Shareholder’s Funds (Net Worth)
=
(Paid up equity +Reserves) -
(Revaluation reserves +
Miscellaneous expenditure not
written off)
12 Depreciation
13 Current Ration (2)/ (5)
14 Net cash Accruals = Profit after
Tax + Depreciation
This information should be extracted from the Annual Financial Statements/ Balance sheets, which
should be enclosed. Year 1 will be the latest year for which audited financial statements are available.
Year 2 shall be the year immediately preceding year 1 and year 3 shall be the year immediately preceding
Year 2.

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2. Sources of Finance:
The following table shall be filled in for the Bidder and for each member of a Joint Venture] Specify
sources of finance to meet the cash flow requirements on works currently in progress and for future contract
commitments.
No. Source of finance Amount Equivalent INR
1
2
3.
4.
3. Financial documents :

The Bidder and its parties shall provide copies of financial statements for [number] years pursuant Section
III, Qualifications Criteria and Requirements, Sub-factor 2.3.1. The financial statements shall:
(a) Reflect the financial situation of the Bidder or member to a JV, and not sister or parent companies.
(b) Be audited by a certified Chartered Accountant
(c) Be complete, including all notes to the financial statements.
(d) Correspond to accounting periods already completed and audited (no statements for partial periods
shall be accepted.

Attached are copies of financial statements (balance sheets, including all related notes, and income
statements) for the five (5) years required above; and complying with the requirements (If the most recent
set of financial statements is for a period earlier than 12 months from the date of bid, the reason for this
should be justified)
Attached is a copy of certificate given from the commercial bank assuring cash flow (working capital for
contraction) in the format attached.

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FORM FIN – 3.1 (A)

Appendix to Technical Part

FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF CASH FLOW

[To be given from a Nationalized or Scheduled Bank in India]

Clause 2.3.1 (b) of Section III – Qualification Criteria

(AVAILABILITY OF CASH FLOW (WORKING CAPITAL)

This is to certify that M/s. ______________________________ is a reputed company
with a good financial standing.
If the contract for the works, namely _________________________________________
[funded by the World Bank] is awarded to the above firm, we shall be able to provide
overdraft/credit facilities to the extent of Rs. _______ to meet their capital requirements
for executing the above contract.

-- Sd. --
Name of Bank Manager
Senior Bank Manager & Address of the Bank

*Change the text as follows for Joint venture:

-- Sd. --

Name of Bank
Manager
Senior Bank Manager & Address of the Bank

*Change the text as follows for Joint venture:

This is to certify that M/s. ………………………………. who has formed a JV with M/s.
…………………………... and M/s. ……………………………... for participating in this bid,
is a reputed company with a good financial standing.

If the contract for the work, namely ………………………………………………………….

[funded by the World Bank] is awarded to the above Joint Venture, we shall be able to
provide overdraft/credit facilities to the extent of Rs. …………… to meet the working
capital requirements for executing the above contract.
[This should be given by the JV members in proportion to their financial participation.]

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Form FIN - 3.2

Appendix to Technical Part : Average Annual Turnover

[The following table shall be filled in for the Bidder and for each member of a Joint Venture]
Bidder’s Name [insert full name]
Date: [insert day, month, year]
Joint Venture Member Name [insert full name]:
NCB No. and title [insert NCB number and title]
Page… [insert page number] of [insert total number] pages

Annual turnover data (Dredging only) *

Year Amount in Rs.
[Financial year] [insert amount]
1. YR 2023 -24
1. YR 2022 -23
2. YR 2021 -22
3. YR 2020 -21
4. YR 2019 -20
5. YR 2018 -19
Average Annual
Turnover

* To be certified by a Chartered Accountant

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Appendix to Technical Part

Joint Venture
Names of all members of a joint venture
1. Member in charge
2. Member
3. Member
4. Member

Total value of annual dredging turnover, in terms of work billed to clients, in Rupees

Annual Turnover Data (dredging only; in Rupees *)

Member Form 2- Year 1 Year 2 Year 3 Year 4 Year 5 Avera
page no. ge
1. Member in charge
2. Member
3. Member
4. Member
TOTAL
Name and address of Bankers to the Joint Venture
Provide details regarding financial responsibility and participation (percentage share in the
total) of each firm in the Joint Venture. Attach a Memorandum of Understanding for the
Proposed Agreement of joint Venture which should lay down responsibility regarding work and
financial arrangements in respect of each of the firm in the Joint Venture (Refer also ITB Clause
4.1).

* To be certified by a chartered accountant

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Form EXP - 4.1

Appendix to Technical Part : General Dredging Experience

[The following table shall be filled in for the Bidder and in the case of a JV Bidder, each Member]
Bidder’s Name [insert full name]
Date: [insert day, month, year]
Joint Venture Member Name [insert full name]:
NCB No. and title [insert NCB number and title]
Page… [insert page number] of [insert total number] pages
[Identify contracts that demonstrate continuous Similar work over the past seven (7) years
pursuant to Section III, Qualification Criteria and Requirements, Sub-Factor 2.4.1. List contracts
chronologically, according to their commencement (starting) dates.]
Starting Ending Contract Identification along with Supporting Documents Role of
Year Year including Completion Certificates Bidder
[indicate [indicate Contract name: [insert full name] [insert "Prime
year] year] Brief Description of the Works performed by the Contractor” or
Bidder: [describe works performed briefly] “JV Member” or
Amount of contract: [insert amount in Rupees] "Sub-contractor”
Name of Employer: [indicate full name] or "Management
Address: [indicate street/number/town or city/country Contractor”]
Contract name: [insert full name] [insert "Prime
Brief Description of the Works performed by the Contractor” or
Bidder: [describe works performed briefly] “JV Member” or
Amount of contract: [insert amount in Rupees] "Sub-contractor”
Name of Employer: [indicate full name] or "Management
Address: [indicate street/number/town or city/country Contractor”]
Contract name: [insert full name] [insert "Prime
Brief Description of the Works performed by the Contractor” or
Bidder: [describe works performed briefly] “JV Member” or
Amount of contract: [insert amount in Rupees] "Sub-contractor”
Name of Employer: [indicate full name] or "Management
Address: [indicate street/number/town or city/country Contractor”]

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Form EXP - 4.2(a)

Appendix to Technical Part : Specific Experience

[The following table shall be filled in for contracts performed by the Bidder, each member of a Joint
Venture, and Specialized Sub-contractors]- along with Supporting Documents including
Completion Certificates
Bidder’s Name [insert full name]
Date: [insert day, month, year]
Joint Venture Member Name [insert full name]:
NCB No. and title [insert NCB number and title]
Page… [insert page number] of [insert total number] pages

Work performed as prime Contractor or JV Member or Sub-Contractor or Management Contractor

(in the same name and style) of a similar nature and volume over the last Seven years9. [Attach
certificate from the Engineer-in-charge]

Project Name of Description Contract Value Date Stipulated Actual Remarks

Name Employer of work No. of of Date of Date of explaining
contract Issue Completion Completion reasons
of for Delay,
Work if any
Order

9 Immediately preceding the financial year in which bids are received.

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Form EXP - 4.2 (b)

Appendix to Technical Part :Specific Experience
Joint Venture’s Name [Insert full Name]
Date: [Insert day, month, year]
Joint Venture Member Name [Insert full Name]
NCB No. and title [Insert NCB number and title]
Page [Insert page number] of [insert total number] pages

All Sub-contractors for key activities must complete the information in this form as per ITB 33.

Quantities of work executed as prime Contractor or JV Member or Sub-Contractor or Management

Contractor (in the same name and style) of a similar nature and volume over the last Seven
years10. [Attach certificate from the Engineer-in-charge]

Key Activity No. One: [insert brief description of the Activity, emphasizing its specificity] … Total
Quantity of Activity under the contract: ________
Contract Identification [insert contract name and number, if applicable]
Award date [insert day, month, year]
Completion date [insert day, month, year]
Role in Contract Prime Management
[check the appropriate box] Member in JV Sub-contractor
Contractor Contractor
 
 
Total Contract Amount [insert total contract amount in contract currency(ies)]
Quantity (Volume, number or rate of Total quantity inPercentage Actual Quantity
production, as applicable) performed the contract participation Performed
under the contract per year or part of the (i) (ii) (i) x (ii)
year
[Insert extent of participation indicating
actual quantity of key activity
successfully completed in the role
performed]
Year 1 (FY 2023-24)
Year 1 (FY 2022-23)
Year 2 (FY 2021-22)
Year 3 (FY 2020-21)
Year 4 (FY 2019-20)
Year 5 (FY 2018-19)
Year 6 (FY 2017-18)
Year 7 (FY 2016-17)
Employer’s Name: [insert full name]
Address: [indicate street / number / town or city / country]
Telephone/fax number [insert telephone/fax numbers, including country and
E-mail: city area codes]
[insert e-mail address, if available]

10 Immediately preceding the financial year in which bids are received.

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Form EXP - 4.2(c)

Appendix to Technical Part

Specific Experience in Managing ES aspects
[The following table shall be filled in for contracts performed by the Bidder, and each member of a Joint
Venture]
Bidder's Name: ________________
Date: ___________________
Bidder's JV Member Name: __________________
IFB No. and title: _____________________
Page __________________of ________________pages
Contract Identification
Award date
Completion date
Role in Contract
Prime Member in Management
Subcontractor
Contractor JV Contractor

  
Total Contract Amount Rs.
Details of relevant experience

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Appendix to Technical Part Form 4.2 (d)

Form for Current Contract Commitments/Works in Progress
Bidders and each member to a JV should provide information on their current commitments on all contracts that have been awarded,
or for which a letter of intent or acceptance has been received, or for contracts approaching completion, but for which an unqualified,
full completion certificate has yet to be issued.

(A) Existing commitments and on-going works:

Description Place & Contract Name and Value of Stipulated Value of Anticipated Average
of Work State No. & Date Address of Contract period of works11 date of Monthly
Employer (Rs. completion remaining to completion Invoicing
equivalent be Over Last Six
in million) completed Months
(Rs. (Rs. /month)
equivalent Equivalent in
in million) millions)
(1) (2) (3) (4) (5) (6) (7) (8) (9)

(B) Works for which bids already submitted and likely to be awarded – expected additional commitment.
(1) (2) (3) (4) (5) (6) (7)
Description of Place & Name and Estimated value of Stipulated period Date when Remarks, if
Work State Address of Works (Rs. equivalent of completion decision is any
Employer in million) expected

11Attach certificate(s) from the Engineer(s)-in-Charge.

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Form EXP – 5.0

Appendix to Technical Part : Quality Requirements

Bidder’s Name [insert full name]
Date: [insert day, month, year]
Joint Venture Member Name [insert full name]:
NCB No. and title [insert NCB number and title]
Page… [insert page number] of [insert total number] pages

1. ISO 9001-2008/2015 Quality management Must meet Valid ISO Yes / No –

Quality management certificate issued by an requirement 9001 ref.
system requirements international standards Certification.
organization

2. ISO 45001 - Valid - Relevant ISO Must meet Valid ISO Yes / No –
Occupational Health 45001 certificate and requirement 45001 ref.
and Safety Experience in certification
Management or occupational health and or
Equivalent safety management Equivalent

3. ISO 14001:2004 / 2015 Relevant Must meet Valid ISO Yes / No –

Environmental Environmental requirement 14001:2004 / ref.
Management systems management certificate 2015
and experience with certification
environmental
management systems

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Appendix to Technical Part

(Name of the Project)
(Declaration regarding tax/duty exemption for materials/construction equipment
bought for the work)
(Bidder’s Name and Address)
To: …………………...
(Name of the Employer& address)
Dear Sir:
Re: [Name of Work] …………………….
Certificate for Import/Procurement of Goods/Construction Equipment
Government Order/Circular Number under which tax/duty Exemption is being sought:
1. We confirm that we are solely responsible for obtaining tax/duty waivers which we have
considered in our bid and in case of failure to receive such waivers for reasons whatsoever, the
Employer will not compensate us.
2. We are furnishing below the information required by the Employer for issue of the
necessary certificates in terms of the Government of India’s relevant Notifications.
3. The goods/construction equipment for which certificates are required are as under:
Items Make/ Capacity Qua Valu State whether it will Remarks
(modify the list Brand [where ntity e be procured locally regarding
suitably for each Name applicable] or imported [if so justification for
specific work) from which the quantity and
country] their usage in
works.
Dredging Equipment

4. We agree that no modification to the above list is permitted after bids are opened.

5. We agree that the certificate will be issued only to the extent considered reasonable by the
Employer for the work, based on the Bill of Quantities and the construction program and methodology
as furnished by us alongwith the bid.

6. We confirm that the above goods and construction equipment will be exclusively used for the
construction of the above work and the construction equipment will not be sold or otherwise disposed
of in any manner for a period of five years from the date of acquisition.
Date: ___________________ (Signature)______________________
Place:___________________ (Printed Name)__________________
(Designation)____________________
(Common Seal) ___________________

[This certificate will be issued within 60 days of signing of contract and no subsequent changes will be
permitted.]
* Modify the above to suit the requirements given in Government of India’s Notifications as current of
date of bidding.

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Appendix to Technical Part

Form of Bid Security - Bank Guarantee
[Guarantor letterhead or SWIFT identifier code]
Bid Guarantee No……………………. [insert guarantee reference number]
Date…………………………. [insert date of issue of the guarantee]
WHEREAS, _______________________ [name of Bidder]12 (hereinafter called "the Bidder") has
submitted his Bid dated _______________________ [date] or will submit his Bid for the construction
of _____________________________________ [name of Contract] (hereinafter called "the Bid")
under Invitations for Bids No……………………….[insert number] (hereinafter called “the IFB”)
KNOW ALL PEOPLE by these presents that We ______________________________ [name of bank]
of ____________________________ [name of country] having our registered office at
___________________________________ (hereinafter called "the Bank") are bound unto
______________________________[name of Employer] (hereinafter called "the Employer") in the
sum of ___________________13 for which payment well and truly to be made to the said Employer
the Bank binds itself, his successors and assigns by these presents.
SEALED with the Common Seal of the said Bank this _________ day of __________ 20____.
THE CONDITIONS of this obligation are:
(1) If after Bid opening the Bidder (a) withdraws his bid during the period of Bid validity specified
in the Letter of Bid; or (b) does not accept the correction of the Bid Price pursuant to ITB 36;
OR
(2) If the Bidder having been notified of the acceptance of his bid by the Employer during the period
of Bid validity:
(a) fails or refuses to execute the Contract Agreement in accordance with the
Instructions to Bidders, if required; or
(b) fails or refuses to furnish the Performance Security, and if required, the
Environmental and Social (ES) Performance Security, in accordance with the Instruction to Bidders.
we undertake to pay to the Employer up to the above amount upon receipt of his first written demand,
without the Employer having to substantiate his demand, provided that in his demand the Employer
will note that the amount claimed by him is due to him owing to the occurrence of one or any of the
four conditions, specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date ____________________14 days after
the deadline for submission of Bids as such deadline is stated in the Instructions to Bidders or as it may
be extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any demand
in respect of this guarantee should reach the Bank not later than the above date.
DATE _______________ SIGNATURE OF THE BANK ________________________
WITNESS ____________ SEAL _______________________________________
[signature, name, and address]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from
the final product.
Format for the Affidavit

12 Insert name of the Bidder, which in the case of a joint venture shall be (a) the name of the joint
venture that submits the bid if the JV has been constituted into a legally enforceable JV, or (b) the
names of all future members of the JV as named in the letter of intent to execute the JV Agreement
submitted by the bidder along with its bid.
13 The Bidder should insert the amount of the guarantee in words and figures denominated in Indian
Rupees. This figure should be the same as shown in Clause 19.1 of the Instructions to Bidders.
14 45 days after the end of the validity period of the Bid.

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[Reference ITB 12.3 (iii)]

(NOTE: This affidavit should be on a non-judicial stamp paper of Rs.10/- and shall be attested
by Magistrate/ Sub-Judge/ Notary Public)

I, ……………………………………………………….… (name of the authorised representative of the

bidder) son/daughter of …….……………………………….… resident of
…………………………………………………………………………. (full address), aforesaid
solemnly affirm and state as under:

1. I hereby certify that all the information and documents furnished with the bid submitted online in
response to Invitation For Bid ……………….…………………… dated ……..… issued by
………………………………………………………………….. (Authority inviting bids) for
……..……………………………………………………… ………………………… (name and
identification of work) are true and correct.

2. I hereby certify that I have been authorised by ……………………………

…………..……..………………………………………………. (Bidder) to sign on its behalf, the bid
mentioned in paragraph 1 above.

Deponent
Place: ……………..
Date: ………………

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Letter of Bid – Financial Part

The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly showing the Bidder’s
complete name and address
To, Date …………………………….
Invitation for Bid No……………
Subject: - Fairway Maintenance of Ghazipur – Varanasi (133 Km) stretch including Removal of Hard
Strata in National Waterway – 1 (River Ganga)

We, the undersigned, hereby submit the second part of our Bid, the Bid Price and Bill of Quantities. This
accompanies the Letter of Technical Part: In submitting our Bid, we make the following additional
declarations:
Our bid shall be valid for a period of ________ [insert validity period as specified in ITB 18.1.] days from the
date fixed for the bid submission deadline in accordance with the Bidding Documents, and it shall remain
binding upon us and may be accepted at any time before the expiration of that period;
The total price of our Bid, excluding any discounts offered in item (c) below is:
-In case of only one lot, total price of the Bid [insert the total price of the bid in words and figures];
-In case of multiple lots, total price of each lot [insert the total price of each lot in words and figures];
-In case of multiple lots, total price of all lots (sum of all lots) [insert the total price of all lots in words and
figures];
The discounts offered and the methodology for their application are:
(i) The discounts offered are: [Specify in detail each discount offered.]
(ii) The exact method of calculations to determine the net price after application of discounts is shown below:
[Specify in detail the method that shall be used to apply the discounts];
We have paid, or will pay the following commissions, gratuities, or fees with respect to the bidding process
or execution of the Contract:15 [insert complete name of each Recipient, its full address, the reason for which
each commission or gratuity was paid and the amount of each such commission or gratuity]
Name of Recipient Address Reason Amount

(If none has been paid or is to be paid, indicate “none.”)

Binding Contract: We understand that this Bid, together with your written acceptance thereof included in
your Letter of Acceptance, shall constitute a binding contract between us, until a formal contract is prepared
and executed.
Name of the Bidder* [insert complete name of person signing the Bid]
Name of the person duly authorized to sign the Bid on behalf of the Bidder** [insert complete name of
person duly authorized to sign the Bid]
Title of the person signing the Bid [insert complete title of the person signing the Bid]
Signature of the person named above [insert signature of person whose name and capacity are shown
above]
Date signed [insert date of signing] day of [insert month], [insert year]

*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be attached with the Bid
Schedules.

15If none has been paid or is to be paid, indicate “none”.

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Appendix to Financial Part: Schedules

Form SC: Sub-Contracting
SCHEDULE OF SUBCONTRACTORS

Item Element Approximate % of Name and Qualification and experience of sub-

of work value of sub- bid address of sub- contractor on similar works of the
contract price contractor elements executed

The Bidder shall enter in this schedule a list of the major sections and appropriate value of the work for which
he proposes to use subcontractors [for those costing more than 10% of the bid price for each element], together
with the names, addresses and experiences of the proposed subcontractors.

The capability of the sub-contractor will also be assessed (on the same lines as for the main Contractor) before
according approval to him.

(Work should not be split into small parts and sub-contracted; but, sub-contracting specialized elements of
works is acceptable).

Section III – Qualification Criteria and Requirements 94

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Appendix to Financial Part : Bill of Quantities

Part II – Priced Activity Schedule

The rates to be quoted are for Fairway Maintenance of Ghazipur – Varanasi (133 Km) stretch
including Removal of Hard Strata in National Waterway – 1 (River Ganga)

Bidder shall quote prices for Quantity based dredging for 36 months including ESHS and 1%
Labour welfare cess for the work of Fairway Maintenance of Ghazipur – Varanasi (133 Km)
stretch including Removal of Hard Strata in National Waterway – 1 (River Ganga)

Bidder has to quote prices duly taking into account the requirements specified in the Section-VII
(Works Requirement) as specified therein.

Bidders shall ensure that the bid price shall include all duties, taxes, labour cess and other levies
excluding GST payable by the contractor under this contract or for any other cause, as of 28 days prior
to the deadline for the submission of the bids.

GST amount considered shall be provided separately in the BOQ.

Bid price shall be filled in by the bidder before uploading the same with the bid on e-procurement
portal.

Note:

Item for which no rate or price has been entered in will not be paid for by the Employer when executed
and shall be deemed covered by the other rates and prices in the Bill of Quantities (refer: ITB Clause
14.2 and GCC Clause 41.3)

Unit rates and prices shall be quoted by the bidder in Indian Rupees (refer: ITB Clause 14.1 and ITB
Clause 15.1)

Where there is a discrepancy between the rate in figures and words, the rates in words will govern
(refer: ITB Clause 36). [Note: delete this point if the e-procurement system automatically calculates
the total from the unit rate and quantity].

Where there is a discrepancy between the rate in figures and words, the rates in words will govern
(refer: ITB Clause 36). [Note: delete this point if the e-procurement system automatically populates the
amount in words from the amount in figures]

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Finance Bid: Bill of Quantity

(for On-line Submission Schedule)
Validate Print Help

Item Rate BoQ

Tender Inviting Authority: Jal Marg Vikas Project, Inland Waterways Authority of India, Noida.
: Fairway Maintenance of Ghazipur – Varanasi (133 Km) stretch including Removal of Hard Strata in
National Waterway – 1 (River Ganga)
Contract No: IN-IWAI – 288445-CW-RFB
Name of the Bidder / Firm
PRICE SCHEDULE
RATE
inclusive of
TOTAL
Sl. 1% Labour AMOUNT
Item Description Quantity Units AMOUNT
No. Welfare Rs. P
In Words
Cess
Rs. P
1 2 3 4 5 6 7
1.0 Fairway Maintenance of Ghazipur – Varanasi (133 Km)
stretch including Removal of Hard Strata (Depth of cut is +2.5
m w.r.t. average LWL of last 10 years) with a width of 45m
on quantity basis for 2 years and Maintenance of fairway with
depth of 2.20m and channel width of 45m on Performance
basis for 1 year including River Conservancy works, Channel
marking etc. and disposal of the dredged material at
designated location

The rate shall include the surveys (at all stages: pre and post
dredging survey), mobilization and de-mobilization
charges, fuel, lubricants, manning, shifting charges from
one zone to other zone, including Labour Welfare Cess @
1% (but except GST) as prevailing and all other taxes /
charge, expenditure etc. complete in all respect
1.1 Removal of Hard Strata during 1st & 2nd 802586
years on Quantity basis (Depth of cut is Cu. 0.00 INR Zero
+2.5m and width of 45m w.r.t. average m Only
LWL of last 10 years
1.2 Maintenance of Fairway with LAD of 2.2 m 1 LS 0.00 INR Zero
and channel width of 45m including Only
bandalling, channel markings, other
conservancy works and disposal of dredged
material at designated locations for 3rd year
2.0 GST
2.1 Amount of GST 1 LS
0.00 INR Zero
Total in Figures Only
Quoted Rate in Words INR Zero Only

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Section V. Eligible Countries

Eligibility for the Provision of Goods, Works and Non-
consulting Services in Bank-Financed Procurement

In reference to ITB 4.7, and 5.1, for the information of the

Bidders, at the present time firms, goods and services from
the following countries are excluded from this bidding
process:

Under ITB 4.7 (a) and 5.1 - None

Under ITB 4.7 (b) and 5.1 - None

Section – V (Eligible Countries)

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Section VI. Bank Policy - Corrupt and Fraudulent Practices

Guidelines for Procurement of Goods, Works, and Non-Consulting Services under

IBRD Loans and IDA Credits & Grants by World Bank Borrowers, dated January 2011:
“Fraud and Corruption:
1.16 It is the Bank’s policy to require that Borrowers (including beneficiaries of Bank loans),
bidders, suppliers, contractors and their agents (whether declared or not), sub-contractors,
sub-consultants, service providers or suppliers, and any personnel thereof, observe the
highest standard of ethics during the procurement and execution of Bank-financed
contracts.16 In pursuance of this policy, the Bank:
(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly,
of anything of value to influence improperly the actions of another party; 17;
(ii) “fraudulent practice” is any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation;18
(iii) “collusive practice” is an arrangement between two or more parties designed
to achieve an improper purpose, including to influence improperly the actions
of another party;19
(iv) “coercive practice” is impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence
improperly the actions of a party;20
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering, or concealing of evidence
material to the investigation or making false statements to
investigators in order to materially impede a Bank investigation into
allegations of a corrupt, fraudulent, coercive or collusive practice;
and/or threatening, harassing or intimidating any party to prevent it

16In this context, any action to influence the procurement process or contract execution for undue advantage is
improper.
17 For the purpose of this sub-paragraph, “another party” refers to a public official acting in relation to the
procurement process or contract execution. In this context, “public official” includes World Bank staff and
employees of other organizations taking or reviewing procurement decisions.
18 For the purpose of this sub-paragraph, “party” refers to a public official; the terms “benefit” and “obligation”
relate to the procurement process or contract execution; and the “act or omission” is intended to influence
the procurement process or contract execution.
19 For the purpose of this sub-paragraph, “parties” refers to participants in the procurement process (including
public officials) attempting either themselves, or through another person or entity not participating in the
procurement or selection process, to simulate competition or to establish bid prices at artificial, non-
competitive levels, or are privy to each other’s bid prices or other conditions.
20 For the purpose of this sub-paragraph, “party” refers to a participant in the procurement process or contract
execution.

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from disclosing its knowledge of matters relevant to the investigation

or from pursuing the investigation, or
(bb) acts intended to materially impede the exercise of the Bank’s
inspection and audit rights provided for under paragraph 1.16(e)
below.
(b) will reject a proposal for award if it determines that the bidder recommended for
award, or any of its personnel, or its agents, or its sub-consultants, sub-
contractors, service providers, suppliers and/or their employees, has, directly or
indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices in competing for the contract in question;
(c) will declare mis procurement and cancel the portion of the loan allocated to a
contract if it determines at any time that representatives of the Borrower or of a
recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent,
collusive, coercive, or obstructive practices during the procurement or the
implementation of the contract in question, without the Borrower having taken
timely and appropriate action satisfactory to the Bank to address such practices
when they occur, including by failing to inform the Bank in a timely manner at the
time they knew of the practices;
(d) will sanction a firm or individual, at any time, in accordance with the prevailing
Bank’s sanctions procedures,21 including by publicly declaring such firm or
individual ineligible, either indefinitely or for a stated period of time: (i) to be
awarded a Bank-financed contract; and (ii) to be a nominated22;
(e) will require that a clause be included in bidding documents and in contracts
financed by a Bank loan, requiring bidders, suppliers and contractors, and their
sub-contractors, agents, personnel, consultants, service providers, or suppliers,
to permit the Bank to inspect all accounts, records, and other documents relating
to the submission of bids and contract performance, and to have them audited by
auditors appointed by the Bank.”

21 A firm or individual may be declared ineligible to be awarded a Bank financed contract upon: (i) completion
of the Bank’s sanctions proceedings as per its sanctions procedures, including, inter alia, cross-debarment
as agreed with other International Financial Institutions, including Multilateral Development Banks, and
through the application the World Bank Group corporate administrative procurement sanctions procedures
for fraud and corruption; and (ii) as a result of temporary suspension or early temporary suspension in
connection with an ongoing sanctions proceeding. See footnote 14 and paragraph 8 of Appendix 1 of these
Guidelines.
22 A nominated sub-contractor, consultant, manufacturer or supplier, or contractor (different names are used
depending on the particular bidding document) is one which has either been: (i) included by the bidder in its
pre-qualification application or bid because it brings specific and critical experience and know-how that allow
the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.

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Section-VII - Description of Services (Work’s requirement)

1 Introduction
2 Objective
3 Scope of Works
3.1 Brief description of works
3.2 Technical Specification
3.3 Preliminary works
3.4Procurement & Delivery
3.5 Dredging
4 Quantity of Dredging
4.1 – Details of Hard Strata
4.2 – Details of Soft Soil
4.3 – Tentative details of Shoals
4.4 - Material to be Dredged
5 Timelines –
5.1 Mobilization & De-Mobilization
5.2 Clearances ( Horizontal & Vertical)
5.3 Equipment Deployment
6 Site Organization
6.1 Manpower & Manning
7 Dredging Equipment
8 Duties & Responsibilities of the Contractor
9 Contractor’s personnel’s
10 Supervision & Monitoring
11 River Profile
12 Disposal of Dredged material
13 Dredge Tolerances
14 Method of Measurement
15 Sedimentation in Dredged Area
16 Over Dredging
17 Disposal / Reclamation of Dredged Material
18 Quality Control
19 Surveying
19.1 General
19.2 Topographic Survey
19.3 Preparatory works
19.4 Survey Charts & Scale of Survey Chartd
19.5 Hydrographic Surveys
19.6 Measurement of Water levels
19.7 Pre-Dredging Survey
19.8 Post Dredging Survey
19.9 Progress Surveys
19.10 Survey Equipment – Survey Vessel
19.11 Echo Sounder
19.12 Position Fixing System
20 Other Survey Method
21 Plant and Equipment
22 Variations, adjustments and Additions
23 Material Obtained from Excavation and Treasure, Trove, Fossils etc.
24 Payments
25 Other conditions
26 Environment Management Plan
27 Bandalling
28 Navigation Aids – Day Channel Marking
29 Meandering
30 Course of Navigation
31 Field Books
32 Accuracy of Survey
33 Rectification of work
34 Giving Notice on any irregularities

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Sl no Title Section-VII - Description of Services (Work’s requirement)

1 Introduction Inland Waterways Authority of India (IWAI) is a statutory body set up in

1986 under the Ministry of Ports, Shipping and Waterways, Govt. of India.
The Authority is entrusted with development, maintenance and management
of National Waterways for shipping and navigation.

Inland Waterways Authority of India (IWAI) is implementing Jal Marg

Vikas Project (JMVP) for capacity augmentation of National Waterway - 1
between Varanasi - Haldia (1380 Km) with the technical assistance and
financial support of the World Bank. The project is scheduled to be
completed by December, 2023. The extension of this work shall be
considered by IWAI through its resources.

The Ganga-Bhagirathi-Hooghly River system for a length of 1620 km

connecting Haldia (Sagar) - Kolkata - Bhagalpur – Sultanganj –
Mahendrapur - Barh - Patna - Ghazipur - Varanasi – Allahabad was declared
as National Waterway 1 (NW-1) in the year 1986. There is considerable
difference between flood and lean season discharges and water levels.
The targeted Least Available Depth (LAD) in various stretches of NW-1 is
Haldia - Farakka (3.00 m); Farakka –Barh (3.0 m); Barh – Ghazipur (2.50
m) and Ghazipur – Varanasi (2.20 m).

To achieve the navigation of vessels in Varanasi – Ghazipur (133 Km)

stretch of NW-1, IWAI intends engage agency for Removal of Hard Strata
(Depth of cut is +2.5 m w.r.t. average LWL of last 10 years) with a
width of 45m on quantity basis for 2 years and
Maintenance of fairway with depth of 2.20m and channel width of 45m
on Performance basis for 1 year including River Conservancy works,
Channel marking etc. and disposal of the dredged material at
designated location
2 Objective Fairway maintenance of Ghazipur – Varanasi (133 Km) stretch including of
National Waterway-1 (River Ganga) – Removal of Hard Strata (Depth of
cut is +2.5 m w.r.t. average LWL of last 10 years) with a width of 45m
on quantity basis for 2 years and
Maintenance of fairway with depth of 2.20m and channel width of 45m
on Performance basis for 1 year including River Conservancy works,
Channel marking etc. and disposal of the dredged material at
designated location for navigation of vessels.

The works in first two years shall include removal of Hard Strata through
dredging or other suitable methods on quantity basis including the disposal
of the dredged material with all leads & lifts on river bank / or at designated
site.
Thereafter, one year of maintenance of fairway on Performance based
dredging including river conservancy measures (bandalling, submerged
vanes etc.), erection and maintenance of Navigation Aids (Day channel
marks) etc.

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3 Scope of Work cum IWAI plans to Provide fairway of Width of 45m and depth of 2.2m for
Services Fairway Maintenance between Ghazipur- Varanasi (133 km) stretch of
NW-1.
The Scope of works shall include:

The Contractor will have to identify the best course of Navigation channel
from time to time and remove shoals (shallow area w.r.t assured least
available Depth (LAD) during Maintenance period of 3rd year.

Removal of Hard strata (tentative quantity of 802586 cum arrived at

considering Depth of cut as +2.5 m with width of 45m w.r.t. average LWL
of last 10 years) during first 2 years with disposal of dredged material at
river bank/designated locations.

Fairway maintenance of Navigation channel with on performance based

Assured Least Available Depth (LAD) of 2.2 m and channel width of 45 m
during 3rd year.

To install and maintain Day Channel Markings (Navigational Aids) during

3rd year of fairway maintenance work on performance basis.

Assistance to Normal barge and vessel/ crafts movement in the navigation

channel during dredging operation

After achieving the required depth of 2.5 m & width of 45m with respect to
average LWL of last 10 years in Ghazipur – Varanasi stretch (133 Km) by
quantity-based dredging of hard strata, the dredged areas are to be
maintained by achieving the 2.2m depth and width of 45m by performance-
based maintenance dredging.
The performance-based maintenance period shall start after achieving the
2.5m depth and width of 45M with respect to average LWL of last 10 years
in Ghazipur – Varanasi stretch (133 Km) with the satisfaction of EIC.

3.1 Brief description of The works in first two years shall include removal of Hard Strata through
Works dredging or other suitable methods on quantity basis including the disposal
of the dredged material with all leads & lifts on river bank / or at designated
site. Thereafter, one year of maintenance of fairway on Performance based
dredging including river conservancy measures (bandalling, submerged
vanes etc.), erection and maintenance of Navigation Aids (Day channel
marks).

The contractor shall be liable to bear the expenditure of all manpower,

material and equipment required for the work at his cost.
Contractor must, therefore, have thorough knowledge about the work prior
to submission of his rates. No extra claim in this regard shall be entertained
once the contract has been awarded.

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On completion of Pre-dredging survey of the dredging area, the Contractor

has to calculate the dredging quantity w.r.t design channel and also with
respect to (w.r.t) tolerances by using Simpson’s Rule for area calculation
and the volume shall be calculated based on Trapezoidal Rule and same is
to be submitted to EIC in 3 sets, for the area & Volume of dredged work
following shall be followed:
Simpson’s Rule for area calculation and Trapezoidal Rule for volume
calculation.

The Pre-Dredging survey chart (5 copies) along with estimated quantity of

dredging shall be submitted to Engineer in Charge within 7 days of
completion of field survey work for the dredging alignment and levels
before commencement of dredging at each dredging sections.

3.2 Technical The Geotechnical Investigation for the hard strata stretches between
Specifications Ghazipur and Varanasi has been conducted by IWAI during 2019-20.
Estimated Quantity of 802586 cum has been arrived at considering Depth of
cut as +2.5 m with width of 45m w.r.t. average LWL of last 10 years. A copy
of Geotechnical Investigation report of the same is attached.
In stretch of about 12 Km near Saidpur, the river bed comprised of Hard
strata in which dredging by ordinary methods is not possible due to presence
of “Detrital / Clastic sedimentary calcareous (along with sand, clay etc.) soft
to medium hard rock”. These Clastic / detrital sedimentary rocks are
composed of the solid products of weathering (gravel, sand, silt and clay)
cemented together by the dissolved weathering products.
In other locations, the material to be dredged is sand, silt, soft clay or a
mixture of these materials, compact and sediment clay.
The bidders may further visit and examine the site of works and its
surroundings, actual local conditions and requirements thereof and satisfy
themselves on their responsibilities and expenses and all other information
that is necessary for submission of their bids.
The machinery and technique for removal of hard strata should be of
standard type allowable under relevant Indian codes of practice and
Government regulations. The dredged hard strata is to be disposed off at
river banks of other locations approved by EIC. During maintenance period
(3rd year), The dredged material is to be removed from the channel and
disposed off at a distance of 200 – 500 m in the river (deep pool at 8-10 m)
/ river bank as per the directions of EIC.
To achieve the LAD of 2.20 m and Channel bottom width of 45 m, the bidder
/ Contractor shall take into account tolerance of + 1 m from each edge of the
channel and tolerance of +30 cm on the depth. There is however, no
restriction on maximum width of the channel which may naturally be
available. And no additional payments shall be admissible to this effect.
The Contractor’s scope will also include to providing of vessels, and
equipment and surveying related manpower for joint surveys during the

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Quantity based dredging for pre & post dredging shall also be the Basis
for regulating / processing the contractor’s monthly payments.
Dredging operations will generally be carried out during the day light
hours. In case the depth falls below the targeted levels, the contractor will
be at liberty to extend the dredging hours even during hours of darkness
as per Govt rules & regulations and Local Authorities.
The rate shall include the surveys (at all stages: weekly survey during
performance based dredging and pre and post dredging survey during
Quantity based dredging ), mobilization and de-mobilization charges,
shifting charges form shoal to shoal, dumping of dredged spoil up to
minimum 300 m & maximum 1000 m through pipelines or road
transportation including Labour Welfare Cess @ 1% (but except GST)
as prevailing and all other taxes / charge, expenditure etc. complete in
all respect.
The dredging material consists of sand, silt, clay, soft deposited material
(pebbles / boulders) and hard material (rock) and the material can vary.
The estimated quantities may vary +/- 20 % for which no change in unit
rate / amount for dredging will be admissible. For any variations beyond
the above, additional financial implication, if any, on the unit rate /
amount shall be mutually agreed between Contractor and the Employer
based on Engineer’s recommendation.

Accordingly under this tender, it is proposed to undertake the dredging

during non-flood season using the Cutter Suction Dredger (CSD) as
specified, for a period of 36 months (Inclusive of Monsoon period).
For fairway development, the successful Bidder shall deploy, operate,
maintain and manage Equipment / Cutter Suction Dredgers (CSD) of
desired capacity and number along with their allied vessels and
undertake dredging for navigation of vessels in the channel.

3.3 Preliminary Works The Contractor shall review the available data & reports pertaining to
works and shall carry out all the Surveys as detailed in Clause 6 of Part
II – Technical specifications.
The Contractor shall also make a detailed analysis of the River length,
available depth for fairway development and update the plan for
dredging works for channel width of 45 m from as stipulated in BOQ.
The Contractor based upon the surveys and detailed analysis shall
submit periodically Work plan / methodology for carrying out the
execution of Work to the Engineer in Charge (EIC) or his representative
for this approval. The contractor shall bear all the cost arising out of
surveys and detailed analysis.
The Work Plan to be submitted by the Contractor shall include:
The Work Program
Health & Safety Plan
Environment Management Plan (EMP)

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3.4 Procurement & (a) The Contractor shall procure and supply all the necessary material,
Delivery machinery and related necessary items well in advance adhering to the
timelines.
(b) The Contractor shall make its own arrangement for storage and
handling of material & machinery procured at site. The Contractor shall
make stock of the material, machinery and supply the same at site
without delaying the Work.
(c) The Contractor shall be liable to maintain the standards in terms
of quality for all the materials, machinery and related items procured as
per the industry norms and terms and conditions set forth in Part II -
Technical Specifications
(d) The CSD Units or any other suitable equipment are to be kept
ready for operation during lean season (working season) from 15th
October* to 15th June of the succeeding year. All major repairs are to
be completed in the flood season.
The statutory manpower shall be deployed on board CSD and allied
vessels for operation of the dredgers in working season as per the
directions of EIC. Deployment of equipment, manpower, machinery
during Non-working season for conducting dredging activities shall be
allowed by EIC.
* The dates mentioned for Monsoon & Non-Working Monsoon Period
are notional & actual will depend upon site conditions.
3.5 Dredging (a) The Contractor shall carry out the dredging works, as identified
and described (but not limited to), above which shall also include
loading / unloading of dredged material for disposal as per direction of
EIC.
(b) The Contractor shall be liable for correctness / quality of dredging
works.
(c) For Dry excavation equipment like Excavators, Bull dozer, Back
hoe loader etc. can be engaged as per work requirement.

Maintenance Dredging is to be carried out with suitable Cutter Suction

Dredgers having capacity of 250-650 cum solids per hour in shallow patches
or any other methods. Cutter suction dredgers can also be supported by
backhoe dredgers, water injection dredgers (WIDs), plough dredgers,
excavators, machineries for dry excavations etc. Maintenance of a
navigation channel of 45 m width with natural slope throughout the stretches
as specified maybe achieved by the combination of dredging and bandalling
system or other suitable river conservancy measures. The contractor may
deploy any numbers and sizes of dredgers to achieve the work requirement.

The machinery and technique for removal of hard strata (Depth of cut
considered (+2.5 m) and width of 45m w.r.t. average LWL of last 10 years)
should be of standard type allowable under relevant Indian codes of practice
and Government regulations.

The maintenance methodology shall be determined by the selected

Contractor taking into account the nature of the river and other

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environmental characteristics, including the nature, location and size of

shoals, and the contract period.

Sufficient number of qualified manpower should be deployed by the

Contractor on the dredgers and other equipment and on other works
throughout the contract period at his cost.

4 Material to be All the materials to be dredged in the channel comprise of sand, silt,
dredged clay, soft deposited material (pebbles/ boulders) and mixer of above
materials. During the course of dredging, if the Contractor encounters
any hard strata, he shall try to continue the dredging for further
advancement i.e., up to 100 m. If the situation persists, he should report
the matter to the Engineer and stop the work for that location.
The Contractor shall assess the limit of such hard strata location in the
presence of Engineer’s representative and continue the dredging work
in the portion immediately after the limit of such hard matter
expeditiously. Simultaneously the contractor shall arrange collection of
hard strata sample and its testing to substantiate his claim about the hard
strata and submit report within fourteen (14) days to the Engineer-in
charge at his cost.
The method of dredging to be adopted for such locations shall be
decided by the Engineer-in charge and the suitability of equipment to
be deployed and rates applicable for such dredging would also be
mutually decided upon, by the Contractor and IWAI as per decision of
competent authority of IWAI
The Geotechnical Investigation for the hard strata stretches between
Ghazipur and Varanasi has been conducted by IWAI during 2019-20.
Estimated Quantity of 802586 cum has been arrived at considering Depth of
cut as +2.5 m with width of 45m w.r.t. average LWL of last 10 years. A
copy of Geotechnical Investigation report of the same is attached.

In stretch of about 12 Km near Saidpur, the river bed comprised of Hard

strata in which dredging by ordinary methods is not possible due to presence
of “Detrital / Clastic sedimentary calcareous (along with sand, clay etc.) soft
to medium hard rock”. These Clastic / detrital sedimentary rocks are
composed of the solid products of weathering (gravel, sand, silt and clay)
cemented together by the dissolved weathering products.

In other locations, the material to be dredged is sand, silt, soft clay or a

mixture of these materials, compact and sediment clay.

The quantity of dredging and length of Bandals are to be ascertained by the

Contractor as per site conditions and own resources. The Bidder may also
take into consideration data available in IWAI website, which gives details
of LAD in the past years.
The tentative quantity of hard strata to be removed in first two (2) years is
802586 Cum (Depth of cut considered (+2.5 m) and width of 45M w.r.t.

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average LWL of last 10 years) and tentative dredging quantity during

performance-based dredging in 3rd year is 15.26 Lakh cum.
However, it is a fact that the quantum of dredging and Bandalling as well as
erection and maintenance of navigational aids (day channel markings) varies
year to year based on the condition of channel after flood season and it may
vary to the tune of + 10% to 25%. It is advised that the Bidder should collect
necessary information, data, navigational charts of NW-1 or any other site
information related to availability of men, material, equipment’s etc. and
familiarize himself with the site conditions before bidding.

4.1 Details of Hard Details of Quantity for Dredging of Hard & Soft – Strata at the identified
Strata shallow patches in between Ghazipur to Varanasi Stretch of NW-1
These shoal locations were identified as per hydrographic survey and soil
testing conducted during 2019-20, since channel keeps changing its course
every post floods, therefore shoal locations may vary at the time of actual
execution.
The Hard strata to be dredged is estimated to be 802586 Cum
Depth of cut considered (+2.5 m) with width of 45m w.r.t. average LWL of
last 10 years for hard strata.
Details of Hard Strata:

[Link] Location Chainage (in Km) Shoal Quantity to be

Length dredged/
removed in Cum
From to Hard Strata
1 U/s Ghazipur Road 1178.72 1177.65 1070 Mts 103278.80
Bridge
2 Gopalpur to U/s 1259.00 1257.19 1810 Mts 147576.90
Saidpur pump house
3 Saidpur pump house to 1255.70 1254.59 1110 Mts 90835.70
U/s Saidpur Road
Bridge
4 D/s Saidpur pump 1254.00 1251.10 2900 Mts 227379.48
house to U/s
Phulwariya Ghat
5. D/s Ramghat to D/s 1249.60 1242.06 7540 Mts 233514.65
Chakeri
8,02,585.53
4.2 Details of Hard There is substantial braiding in the river which during lean season (Oct /
Strata Nov to June) results into shoals at various places which hinder navigation.
The tentative location of shoals in Ghazipur-Varanasi (133 Km) stretch are

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Reach Description Chainage No of Dredging

Shoals Volume
30 Ghazipur-Saidpur 1178-1254 20 5,97,184
31 Saidpur- Varanasi 1254-1311 15 9,28,616
35 15,25,800

4.3 Tentative Shoals details

Lot – I Ghazipur – Saidpur
Lot - II Saidpur – Varanasi

Reach & Chainage Lot – I Ghazipur – Saidpur – Tentative Location of the Shoals:
1: Tentative Location of Shoals are given below:
The shoals of length less than 100 m are a temporary one and may likely to be removed naturally
and may not be considered as shoals.
DREDGE
CRS: WGS84 UTM 45 North LENGTH
(m)
START END
Dredge
X Y X Y
length
155937.1249 2832643.5416 154478.1796 2831029.4294 2176
153969.1612 2830438.5178 153693.8401 2830134.7134 410
153091.4569 2829479.5544 153084.6839 2829472.1974 10
153064.3693 2829450.1222 152645.9421 2828992.6108 620
152532.1558 2828866.3071 152210.3836 2828496.7970 490
151298.3210 2826768.6244 150860.6056 2825064.0652 1760
149928.9366 2822015.6293 149927.2870 2822005.7663 10
149925.6676 2821995.8984 149924.1129 2821986.0200 10
149886.0934 2821588.1094 149885.1337 2821548.1214 40
30 Ghazipur 149884.6516 2821488.1242 150406.3530 2819291.5816 2258
- Saidpur 140816.3679 2821261.5343 140810.7726 2821269.8224 10
140766.1624 2821336.2295 140683.4044 2821461.3334 150
140672.4394 2821478.0597 140634.1674 2821536.6707 70
137348.6134 2824762.8191 137308.7897 2824759.0714 40
133040.5463 2822389.5056 132327.2124 2821792.8206 930
130990.9938 2821154.7130 130519.8400 2821218.1647 475
130501.4569 2821226.0409 130447.3644 2821251.9807 60
130438.4949 2821256.5991 130429.6628 2821261.2886 10
129036.7121 2822525.2827 129030.3731 2822533.0168 10
128858.3268 2822753.8874 127578.4024 2824806.8770 2419

Reach & Chainage Lot - II Saidpur – Varanasi Location of the Shoals:

2: Location of Shoals are given below:
116765.5839 2829209.6149 116610.3451 2829013.6856 250
116412.3582 2828737.3168 116273.8430 2828529.2048 250
116123.7088 2828292.8634 116118.4233 2828284.3743 10
115233.8414 2826728.7248 115229.2777 2826719.8269 10
31 Saidpur 110506.5972 2820788.4567 112442.0926 2818873.6671 2723
– 112450.8938 2818868.9195 112459.6958 2818864.1735 10
Varanasi 112653.4421 2818759.9510 113650.5114 2818228.2085 1130
115672.1744 2817113.9850 116027.2922 2813469.0345 3662
112938.8268 2807486.9993 109980.6326 2806814.9701 3034
104196.0254 2807058.0645 104176.0291 2807057.6831 20

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104006.0566 2807054.6258 103866.0746 2807052.3794 140

103816.0802 2807051.6314 103806.0812 2807051.4889 10
103746.0872 2807050.6428 103196.1200 2807044.6925 550
103186.1204 2807044.6047 103026.1265 2807043.2094 160
102876.1336 2807041.7528 102396.2821 2807030.8043 480
5 Timelines Mobilization Period: On placement of letter of Intent, the dredgers &
equipment are to be mobilized at Ghazipur-Varanasi Stretch and
5.1 Mobilization & De- commence dredging within 45 days from date of signing of contract.
Mobilization
Mobilization & De-mobilization Charges: No Mobilization & De-
mobilization charges will be payable to the contractor separately. Such
costs should be included in the dredging Charges

Penalty for delay in mobilization: Delay in complete mobilization of the

equipment as per accepted dredging plan will attract a penalty of @
0.5% of contract value per week, subject to maximum of 5% of the
contract value.

Demobilization Period: Demobilization is to be completed within 45

days of completion of the contract period.
5.2 Clearances The Contractor shall inspect and ascertain himself details of horizontal &
(Horizontal & vertical clearances available at bridges/locks etc. within the National
Vertical) Waterway from the view point of safe mobilization / demobilization of their
various equipment to the specified dredging locations.

The Contractor shall be liable to bear the expenditure of all manpower,

material and equipment required for all the related work. No extra claim in
this regard shall be entertained once the contract has been awarded.

5.3 Equipment The Contractor shall mobilize all the dredgers, allied vessels, equipment
Deployment and manpower at site, within 45 days from the date of Letter of Award.
The Contractor is required to mobilize the desired equipment and
manpower within this time frame to start the dredging operations in full
capacity

The Contractor, within 15 days from the date of issue of Letter of

Award, will submit detailed Schedule of activities including
mobilization, method statements, and QC manual including all data and
reporting formats, for comments from EIC.

The Contractor, within 15 days from the date of issue of Letter of

Award, should submit detailed Schedule of activities including
mobilization, method statements, QC manual including all data and
reporting formats, for comment from EIC and should include all
comments and observations to get the same approved by EIC.

The Contract duration for the entire scope of work shall be 36 months
from the date of issue of Letter of Award (Including non-working
monsoon period & mobilization period of 45 days).

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The Contractor shall submit a detailed work plan indicating the

timelines for Dredging Activities and other miscellaneous activities to
the Engineer-in Charge for approval including dredger mobilization
plan.
The Contractor shall abide with the timelines as scheduled in the Work
Plan for Dredging activities.
The Contractor, in the course of the work, after deliberations with the
EIC, shall agree and incorporate the necessary changes in dredging and
navigational activities within timelines. The Contractor shall get the
macro and micro level activity plan and methodology statement(s).
No idle time charges on any account shall be paid to the contractor
during the contract period.
If the dredged channel for the LAD of 2.20m gets silted in due course
of time within the working season requiring re-dredging for
navigational requirement, the same shall be carried out by the
Contractor by mobilizing the dredger within stipulated period as
instructed by EIC.

6 Site Organization The selected Contractor shall depute well-qualified officers / team
having sufficient experience in execution of works as indicated in this
Tender Document. If the progress of work is found unsatisfactory
during the currency of the contract. The Contractor shall promptly
mobilize additional personnel / resources for ensuring satisfactory
progress and timely completion of the proposed work, as per direction
and to the satisfaction of Engineer-in-Charge and necessary clearances
under the contract without any extra cost to IWAI.
6.1 Manpower & The Contractor shall deploy the (minimum) manpower namely
Manning Dredge Master,
Dredger Control Operator (DCO),
Licensed Engine Driver,
Driver 1st class, Greaser, Lascar,
Pipeline in-charge, Pipeline Assistant & Labourer etc.
Note- Sufficient number of manpower should be deployed by the
contractor on the dredgers and on other works throughout the contract
period at his cost.
The above list need not be exhaustive. The Contractor shall however
undertake that during the execution of the contract, all the required
number of personnel necessary for efficient execution of the contract
and as required by applicable law would be deployed at site.
The Contractor shall deploy experienced and competent manpower on
board the dredger and comply with the requisite competency certificates
(preferably by National Inland Navigation Institute (NINI)) in
accordance with Inland Vessels Act 2021. Or Equivalent. Requirements
of crew for all the supporting / allied vessels will also be met at all the
time. The list of all the personnel engaged in the Contract will be given
to EIC before commencement of work. Personnel will be changed only
after approval of EIC.

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Statutory requirements of crew for all the supporting / allied vessels will
also be met at all the time.
The list of all the personnel engaged in the Contract will be given to EIC
before commencement of work. Personnel will be changed only after
approval of EIC

7 Dredging The Contractor shall not change the type , numbers, size and make of
Equipment dredgers and hard Strata removing equipment submitted in their bid
without the prior approval of the Engineer –in-Charge

The dredging may be carried out by deployment of suitable Cutter

Suction Dredger (CSD), or any other equipment in any combination
along with Survey vessel with suitable equipment for achieving the
deliverable of the contract

The Contractor may also deploy Spud Pontoon Mounted with

excavator, Self-Propelled Grab Hopper Dredger, Self-Propelled Hopper
Barges & sufficient Rock breakers & Chisels for removal of hard strata

Suitable discharge pipe of minimum 1 km length and allied equipment

shall be deployed.

The Equipment / Dredgers must have valid statutory certificate, under

either Inland Vessels Act, 2021 (24 of 2021) & IV Rules 2022 or under
Merchant Shipping Act.1958
The Contractor shall furnish the valid fitness / survey certificates and
all other necessary vessel approvals for all the dredgers and vessels to
be deployed by the competent Statutory Authority under the Inland
Vessels Act, 2021 (24 of 2021) & IV Rules 2022, or under Merchant
Shipping Act.1958 , at the time of the bid submission.

The CSDs having pumping capacity of 250 – 650 m3 solids per hour,
can either be non-propelled or self-propelled. In case of non- propelled
dredgers, complementary Tug / Workboat will also have to be deployed.
All the supporting vessels for smooth and hassle-free dredging
operations as well as swift movement of dredges shall be ensured.
The Contractor shall submit the deployment plan for mobilization of
dredgers, supporting vessels and equipment and for approval by the
Engineer-in Charge during the execution of the work in the field.
The Contractor shall ensure that dredgers, supporting vessels and other
suitable equipment to be deployed at site for execution of works, shall
be of the capacity to meet the Overall Schedule of completion of works.

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The Dredgers and other relevant equipment must have valid statutory
certificate. The Contractor shall furnish the valid fitness / survey
certificates from competent Statutory Authority under the Inland
Vessels Act, 2021, at the time of the bid submission. And all other
necessary vessel approvals for all the dredgers and other relevant
equipment / vessels to be deployed by the contractor.
The Contractor shall also submit the valid necessary documents
required under the Inland Vessels Act, 2021 before actual deployment
of the Equipment at site which would be jointly surveyed and approved
by the Engineer-in-charge and these shall remain valid during the course
of the Contract.
Moreover, IWAI may ask the Contractor to replace the dredger or any
other vessel / equipment during operation, if desired output is not
achieved.
All dredging units as envisaged in bid with all accessories, supporting
vessels & equipment and other suitable equipment for dredging, shall
be deployed at the site.
The dredgers to be deployed at site shall be of the minimum capacity of
dredging 250 m3/hr of solids. The Contractor shall ensure to develop
the overall schedule for execution of works in accordance with
equipment deployment plan with the design capacity of each equipment
as proposed to be deployed above.
The Contractor is free to deploy dredgers for the entire contract period
with equal / higher design capacity as per requirement of work, if so
required for achieving the progress of dredging as envisaged in the
contract.
If the dredger goes out of order, the contractor shall arrange for its
replacement with a dredger of equivalent capacity.
Deployed equipment shall have valid statutory certificates at all times
during the contract period.
In case of slow progress of work, the Engineer-in-charge may direct
Contractor to deploy additional dredgers for completion of the work in
time. If the dredger goes out of order, the Contractor shall arrange for
its replacement with a suitable dredger.

8 Duties & The primary responsibility of the Contractor is to undertake dredging in

Responsibilities of the specified length as per terms and conditions of this tender and
the Contractor directions of EIC during the entire period of the contract.
The Contractor is to provide adequate manning in compliance of the
statutory requirement of Inland Vessels Act, 2021 (24 of 2021), in the
entire dredging unit, provide POL and consumables as required for
operation of the dredging unit, carry out all repairs including minor
repairs, breakdown repairs and statutory annual repairs, dry docking
repairs for validation of the survey certificate as required under I.V. Act,
2021
The cost related to the dredging and other cost incidental thereto
including the operation of the vessels during shoal to shoal movement
shall be borne by the contractor.

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Contractor shall install the “Online dredging monitoring software (like

developed by NTCPWC or any other organization)” at his cost.
Normal barge and vessels / crafts movement in the channel shall not be
interrupted by the dredging operation. The hindrance to movement of
barges to be minimized as much as feasible during dredging operation
in consultation with EIC
The contractor shall arrange the transits, buoys, lights, mooring etc. at
their own cost as required for dredging and for cautioning other vessels
in the waterway

Clearances (Horizontal & Vertical)

The Contractor shall inspect and ascertain himself details of horizontal
& vertical clearances available at bridges/locks etc. within the National
Waterway from the view point of safe mobilization / demobilization of
their various equipment to the specified dredging locations.

The Contractor shall be liable to bear the expenditure of all manpower,

material and equipment required for all the related work. No extra claim
in this regard shall be entertained once the contract has been awarded.

9 Contractors For operating the dredging unit, the contractor has to ensure that
Personnel qualified / trained, competency certificate holders, personnel with
(Manning) adequate experience in the relevant field are deployed for the nature of
work and the crew along with other members are as per the statutory
requirement of Inland Vessels Act, 2021,
The contractor shall carry out the dredging operation as per the
directives of the Engineer-in-charge (EIC) or his representative.
The contractors should maintain adequate number of crew as reserve in
their pay roll so that weekly, Gazetted leave and other leaves and
exigencies can be accommodated by the Contractor. All the Crew
particularly Master, Driver shall have valid certificates of competency
issued by the Statutory Body / MMD as the case may be. The NINI
trained Greasers, Lascars, Secunny or with adequate experience of
minimum five years from reputed operators can also be deployed. The
contractor shall comply with the provision of Statutory Authority
applicable in relation to execution of work by the Crew.
The Contractor shall assign a person who is the overall in-charge of the
dredging unit and will also be responsible to act as a Liaison Officer for
interacting / communicating between IWAI (Engineer In-charge /
Engineers representative and any other Supervisor or Officer connected
with the Dredging activity). The Liaison Officer shall have independent
means of communication (mobile / fax / telephone / email facility) to
enable to be contacted even during emergency situations.
The contractor may execute the dredging work on all working days
except National Holidays subject to such restriction as may be imposed
by State Govt. / local body.

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10 Supervision & Monitoring shall be undertaken by the Employer. This shall be done
Monitoring directly and through an appointed Supervision Consultant (TSSC-III).
This may also include monitoring by placing survey sounders on select
merchant ships passing through the part of the route. Any supervision
and monitoring shall not relieve the Contractor of his obligations under
the Contract, including his duty to make his own surveys.
Further, if the Contractor has been offered the quantity and contractor
is unable to dredge the stipulated quantity, liquidated damages shall be
applicable, as defined in Clause 47.1 of GCC.
The employer has engaged a third party supervision agency who shall
be participating in the Joint Pre & Post Survey. The dredged quantities
shall be certified by TSSC-III for further submission to EIC &
employer.
IWAI also intends to do the monitoring of dredging activities.
Contractor shall install the On-line dredging monitoring software (like
developed by NTCPWC or any other organisation) at his cost.
IWAI may conduct aerial surveys from time to time to monitor the depth
and width of the navigational channel maintained by the contractor.
1 Channel Depth Least Available Depth of 2.2m
2 Channel Width 45 m
3 Period of contract Three (3) years.
Monitoring shall be undertaken by the Employer. This shall be done directly
and through an appointed Supervision Consultant (TSSC-III). This may also
include monitoring by placing survey sounders on select merchant ships
passing through the part of the route. Any supervision and monitoring shall
not relieve the Contractor of his obligations under the Contract, including
his duty to make his own surveys.

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11 Varanasi to Saidpur

Saidpur to Ghazipur

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12 [Link] of A total of approx. quantity of 15.26 cum of dredged material shall have
Dredged Materials to disposed per directives of the EIC or his representative.
Disposal of dredged materials would be effected into the free -stream of
the river / on the banks /into the nearby redundant channels at a least
distance of 300-1000 m from the navigation channel.
The entire responsibility of the disposal of dredged materials including
identification and procurement of disposal land lies with the contractor.
However, IWAI would facilitate for getting the related approvals.
The disposal locations should be so positioned so as to avoid material
working its way back into the dredged channel by taking such
precautions as, disposing into faster flowing water, downstream and to
the side of the working dredger or low lying areas ashore in case of
narrow stretch of the river. Disposal of material into secondary and
redundant channels could also be considered as this provides a location
where material is less likely to be remobilized.
In the event, contractor disposes the material at any other location, the
Contractor shall be required to dispose off dredged materials as per
standard disposal practices of State / Centre / local authorities duly
obtaining necessary clearances, permits and deposit necessary fee,
royalty or as directed by IWAI.
In case the Contractor intends to dispose of the dredged materials on
banks outside the river, they may do so after obtaining necessary
permission from Engineer-in-charge and also from the land owner(s)
and the concerned Departments of the State Govts. (Forest / Mining
/Revenue etc.) for dumping the material on their lands. In case of any
dispute with State Govts. (Forest / Mining / Revenue etc.) regarding
selling of dredged material, IWAI may forfeit the Performance Security
of the contractor.
Expenditure involved in such disposal including payment to the land
owner(s) for dumping the material on their lands shall be borne by the
Contractor.

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13 Dredge Tolerances The dredge level in the navigation channel shall not exceed an upper
tolerance of (+) 0 mm and a lower tolerance of - 200 mm, where (+)
indicates a height above the design dredge level and (-) indicates a depth
below the design dredge level. No ridges or pinnacles above the design
dredge level shall be accepted. Horizontal tolerances for dredging in the
navigation channel shall be (-) 0 mm and (+) 1000 mm on both sides,
where - indicates a deviation of the toe of the dredged slope (towards
the channel) from the location specified in the contract drawings and (+)
indicates a deviation of the toe of the dredged slope (away from the
channel) from the location specified in the contract drawings.
The Contractor will not be paid for the extra quantities, beyond
tolerances as specified. However, payment of tolerances will be made
within the limits of tolerances as stipulated in RFP.
14 Method of The final quantities to be used for establishing the value of the work for
Measurement dredging material from the Navigation Channel and disposing of it at
the river banks shall be the in-situ volume calculated from a pre-dredge
and post-dredge survey of the Navigation channel and executed in
accordance with the Contract. ( during Quantity based dredging) and
joint weekly based survey during LAD ( performance based dredging)
The area shall be calculated based on Simpson’s Rule and the volume
shall be calculated based on Trapezoidal Rule. Wherever Simpson’s
Rule is not applicable, average area method shall be adopted.
The contractor shall also maintain a daily dredging log and get it
verified from EIC or his representative periodically.

15 Sedimentation in The Contractor shall take all necessary precautions to avoid any flow of
Dredged Area the dredged material back in to the river channel and to minimize any
sedimentation in the channel consequent to disposal of dredged material
in an improper way, not approved by the Engineer.
16 Over Dredging The Contractor shall not be permitted for over dredging in ordinary
circumstances. Should the Contractor wish to perform over dredging in a
dredge area to allow for extra sedimentation arising from his own
operations, he shall request the approval of the Engineer's representative for
such over dredging.
Approval will not be given unless the Contractor can prove, to the full
satisfaction of the Engineer, that the over dredging in question will not
endanger the channel slope stability.
The Contractor will not be entitled to payment for the extra material
dredged.
17 Disposal / The contractor shall ensure that no dredged material is dumped in the
Reclamation of navigational channel due to defect of the dredger or for any reason. In the
Dredged Material event of accidental dumping, contractor shall remove the material
immediately at his own cost and risk.
The Contractor shall take all necessary precautions to avoid any flow of the
dredged material back in to the channel and to minimize any sedimentation
in the channel consequent to disposal of dredged material in an improper
way, not approved by the Engineer.

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17.1 On land disposal

17.1.1 Brief Description of Work

An on land confined disposal area shall be created at different dredge
locations for the disposal of dredged material from the navigational
channel, which shall be identified based on the initial pre-surveys. The
lead distances for disposal is minimum of 300 m away from the
navigation channel, which can be extendable up to 1000 m as per the
directives of EIC. Regarding disposal locations decision of Engineer in
Charge shall be final and binding on the contractor.

17.1.2 Working Method

Dredged material placed by hydraulic means shall be placed in layer
thickness appropriate to achieving the maximum amount of de-watering
of the fill before subsequent layers are placed on top. Fill heights should
not exceed 1.0 m in any one lift. Excess water above the clay layer
should be removed in order to promote natural de-watering.

17.1.3Drainage
All the equipment, structures and devices the Contractor intended to use
for water management in and around the on-land disposal sites require
the approval of the Engineer in Charge. Drainage of excess dredge water
from the disposal sites shall be facilitated by the placement of suitable
adjustable weir overflows.
Suitable measures should be taken, to the satisfaction of the Engineer in
Charge, to ensure the discharge of dredge water to artificial or natural
waterways. This does not however, relieve the Contractor of his
obligation to ensure that drainage of dredge water does not cause
problems with flooding or sedimentation in areas adjacent or further
downstream of the reclamation sites.
The Contractor will be responsible for any costs related to damage, loss
of property, or inconvenience to third parties caused by the drainage of
dredge water. In addition, the Contractor shall take suitable corrective
action to remedy the aforementioned problems at his own cost.
Any water discharged from confined reclamation areas, into natural or
artificial water courses in connection with the reclamation works, shall
not contain excessive soil material to cause siltation along the drain
path.

17.1.4 Drainage of surface water

On land reclamation / disposal sites shall not affect the natural drainage
of surface water of the surrounding land. All costs relating to the control
and regulation of surface water drainage, or the adoption of measures or
methods to ensure continued surface water drainage, are deemed to be
included in the Contractor's rates and prices.

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17.1.5 Method Statement / Work Plan

Notwithstanding the requirement to submit method statement as part of
the Tender, the Contractor shall submit details of working methods,
including details of equipment and survey and positioning equipment
involved, to the Engineer within 15 days after receipt of the Order to
Commence. Approval of the Contractor's work plan will only be given
after the Contractor has demonstrated to the satisfaction of the Engineer
that minimum requirements of the Specifications can be met. Dredging
operations shall not commence until this approval has been obtained in
writing from the Engineer.

18 Quality Control Quality Control System

The Contractor shall prepare and submit for the Engineer's approval, not
later than 15 days prior to the commencement of dredging and
reclamation, his detailed proposals for a quality control system for the
Dredging Works. The Engineer's written approval of the system shall
be obtained prior to commencement of work and the system shall not
be altered by the Contractor without the written permission of the
Engineer.

The quality control system shall clearly indicate, inter alia:

- Contractor's personnel responsible for quality control and site
organization chart;
- Work log, Data collection and report submission formats
- Method of monitoring and determining the type of material being
dredged;
- Method of determining whether dredged material is suitable for sand
fills;
- System for obtaining approval from the Engineer's Representative for
pumping sand into the sand reclamation areas and clay into the disposal
area;
- Method for monitoring the amount of fines being discharged from on-
land reclamation sites;
- System for controlling the amount of fines being discharged from the
on-land reclamation sites.

19.1 Surveying Surveying

19.1 General
The Contractor shall perform all necessary survey work jointly with
EIC’s representatives, required to be executed by him as laid down in
the terms of the contract and as directed by the Engineer in charge. For
this purpose, he shall furnish and employ all the personnel, services,
equipment and supplies needed to perform the surveys and all the
incidental work required for:
Setting out;
Registration of water levels;
Pre dredging surveys and charts;
Progress surveys and charts;

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Post dredging surveys and charts.

Field measurements and processing of data shall be executed to a degree
of accuracy in both the horizontal and vertical plane and drawn to scales
to the full satisfaction of the Engineer.
The Contractor shall allow the Engineer's Representative to be present
during any surveys, calibrations or any connected activities. He shall
give ample prior information’s of plans of work in this respect and
provide the Engineer's Representative with every assistance to fulfil his
duties.
The Joint surveys shall be carried out in accordance with schedules to
be approved by the Engineer – in- Charge
19.2 Topographic 19. 2 Topographic Survey
Survey Topographic survey to transfer the Bench Mark (B.M.) value from
nearest known location within the few important stations along the river
(based on his judgement) and also to the locations within 5 Km range
of dredging site will have to be undertaken as a primary activity before
any dredging work can be started because the B.M will act as control
points for dredging depths.
This survey is to be undertaken by the Contractor, the cost of such
survey and erection of bench marks shall be included in the cost of
dredging activity and is not to be considered as an additional activity
having separate cost.
19.3 Preparatory Preparatory Works
Works 19.3.1 Setting Out
Setting Out & The Contractor shall do setting out of the Works on such dates as to
Checking of permit timely commencement of the work. The Contractor shall furnish,
setting out install and maintain all markers, buoys, shore beacons and other items
necessary to define the Works and facilitate the inspection and
measurement thereof.
It shall be the responsibility of the Contractor to obtain all licenses,
permits and permissions for the use of marine radios, walkie-talkies,
radio positioning systems, satellite phones for the placing of onshore,
offshore and underwater beacons and marker buoys, and for giving the
proper statutory notices for all maritime operators. The costs of such
licenses, permits and notices are to be borne by the Contractor, and shall
be deemed to be covered by the rates and prices quoted in the Tender.
Engineer in Charge will extend every feasible assistance to Contractor
to obtain and renew such permissions required from statutory
authorities.
The Contractor, with the Engineer's Representative in attendance, shall
execute the setting out of the Works under the Contract.

19.3.2 Checking of setting out

The Contractor shall provide the EIC - Engineer's Representative with
sufficient equipment, duly calibrated in the field, labour and materials
to enable the Engineer's Representative to check the Contractor's setting
out, at any time the Engineer's Representative may reasonably direct.

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19.4 Survey Charts 19.4 Survey Charts and Scale of Survey Charts
and Scale of The survey charts to be produced by the Contractor shall be reduced to
Survey Charts a chart datum / water level as directed by the Engineer in Charge (EIC).
Decision of EIC in this regard shall be final.
The charts are to be prepared in 1:1200 scale for Pre / Post dredging
surveys and 1:5000 scale for River disposal surveys and presented to
the Engineer in 120 gsm good quality paper (5 copies) and also in soft
copy form in CD / DVD (2 sets).
Furthermore, the charts shall incorporate all reference points, buoys,
beacons, markers, gauges and benchmarks, together with the location
and nature of obstructions, structures and facilities. Particular items of
interest shall also be indicated on the Charts.
The survey is required to be referred to WGS-84 datum and the fair
sheet is to be plotted on Universal transverse Mercator projection
(UTM). Contours are to be indicated on the chart. To be submitted
along with the RA bills
The sounding charts are to be submitted on completion of Pre & Post
Surveys of the shoal and also to be submitted along with the RA bills as
a supporting document.
All prominent shore features and other conspicuous objects are to be
fixed and indicated on the chart.

19.5 Hydrographic 19.5 Hydrographic Surveys

Surveys 19.5.1 Working Methods
Surveying Soundings are to be done using Automated Hydrographic Survey
continued logging System of any accredited / IHO approved hydrographic survey
software. Digital echo sounder (having accuracy of not less than 0.1 m)
shall be used for sounding purpose and Differential Global Positioning
System (DGPS) / Real time Kinematic System RTKS DGPS (having
not less than sub-metre accuracy) shall be used for position fixing.

These surveys shall only be carried out if weather and river conditions,
condition of equipment and methods of execution and interpretation are,
in the opinion of the Engineer, satisfactory for this purpose.

The EIC - Engineer's Representative may resolve to check echo

soundings by means of other methods to measure water depths, such as
sounding poles, bar check or lead lines. The Engineers Representative
may also order calibration checks of the equipment as and when
considered necessary. The Contractor shall cooperate in this respect and
supply any manpower, boats and equipment that may be reasonably
required for this verification.

The Current velocity at every shoal (i.e. at least 3 locations, Starting /

Middle / End of the survey area) at 1 m depth from the surface and 1 m
above bed level shall be carried out once during the survey period.

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The Float Observation at every shoal (i.e. 3 tracks are to be observed,

one on both the side and one at middle of the channel of the survey area)
shall be carried out once during the survey period.
Water and Bottom samples are to be collected at two locations (one at
the Downstream and other at Upstream of the shoal area) and get it
tested for finding the characteristics of the soil and the water.

19.5.2Calibration of Sounding Equipment

Echo sounding equipment shall be checked and calibrated daily before
and after use, by means of a bar or plate suspended at known distances
below the water surface. Checking shall be performed at the actual
location of the survey and the EIC - Engineer's Representative may
require additional checks during surveying. Adjustments to the
recordings / readings taken shall be made accordingly.
Records of bar checks shall be performed at starting and ending of the
day’s survey work. The echo sounder should maintain a repeatable
accuracy of better than 10 cm.

19.5.3 Field books

All field books, calculations, maps, original records, survey tracks, as-
run plots, soft copies of soundings with positions (raw data as well as
edited / sorted data), soft copy of water level / tidal data etc. of all
survey activities shall be kept on site available for the EIC - Engineer's
Representative's study or checking for the duration of the Contract.
Soft copies of Sounding with Positions (Raw, Edit, Sort) Water level /
Tidal data, Levelling, Calculations, Charts etc. pertaining to that
particular activity / survey work are to be copied in CD / DVD form (2
sets) and submitted to Engineer on completion of field work.

19.5.4 Accuracy of surveys

The accuracy of surveys in the horizontal plane, related to the relevant
benchmarks for the project should be within 1.0 m. The accuracy of
surveys in the vertical plane includes:
The echo sounder which should maintain a repeatable accuracy of better
than 10 cm for measurements of distances between riverbed and survey
vessel waterline.
The registration of water levels by means of automatic water level
gauges which should be within 5 cm. wherever erection of automatic
water level gauge is not found feasible, manual water level gauge shall
be erected with prior approval of EIC - Engineer’s representative.
The water level plane between the tide gauges and the survey location
can be assumed horizontal. Survey lines on consecutive surveys should
be sailed in the same direction.
19.6 Measurement of 19.6 Measurement of Water levels
Water levels The vertical water level difference is of the order of 10-12 m. The Current
Surveying in the river ranges from 0.5 to 4.5 m/s. However, the current during the lean
continued season seldom exceeds 1.5 m/s. Details of the water levels in Ghazipur-
Varanasi (133 Km) stretch are provided in the documents.

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19.6.1 Water Level Gauges

The Contractor shall install and maintain suitable automatic water level
gauge at an approved location close to the Works. This gauge shall be
placed and calibrated at least 30 days before commencement of the
construction of the Works. The water level gauge should be connected
to an established bench mark (30 cm x 30 cm RCC pillar with 30 cm
height above ground level) to be erected in the vicinity (within 5 km of
the dredging site) by the Contractor, which should be having Reduced
Level (RL) with respect to Mean Sea Level (MSL) and Geo Co-
ordinates.
The RL should be established by transfer of level from a known GTS
bench mark by proper levelling. The zero of the established gauge is to
be connected [Link] MSL by proper levelling. Cost of construction of
Bench mark, Levelling, Erection of Automatic Water Level gauge and
collection of Gauge Readings are to be borne by the Contractor.
During Echo sounding, water levels shall be recorded continuously.
19.6.2 Reduction of sounded depth
The Contractor shall place special stress on the accurate reduction of
sounded depth in relation to the prevailing water levels, by adopting
standard procedure.
19.7 Pre-Dredging 19.7 Pre-Dredging Survey
Survey The Contractor, with the EIC - Engineer's Representative in attendance,
Surveying shall survey the following areas and commence dredging work as per
continued Engineer-in-charge directives.
Survey of Dredging Area
Navigation channel between Ghazipur-Varanasi stretch (133 km)
Survey of Disposal area
Disposal area identified along / or around in River.
The shoal(s) to be dredged shall be informed to the Contractor by
Engineer- in-Charge (EIC) or his representative in writing based on the
identification of such locations through fortnightly Thalweg surveys,
report from waterway users or any other inputs received by the EIC.
19.7.1 Method of Survey
[Link] Navigation channel along the River
Survey lines shall run perpendicular to the baseline to be established on
the shore. Cross-section sounding lines to be run @ 25 m interval.
Continuous soundings are to be taken on the cross-section and plotted
@ 10 m apart on the cross-section lines. Cross-section lines shall run
for a width of minimum 200 m (approximately 100 m on either side of
the centre line of the navigation channel). If the width of the river is less
than 200 m, then the lines shall run from bank to bank (between Low
water lines). The Scale of survey chart is 1:1200
[Link] Pre-Dredging Survey Charts
On completion of the Survey of Dredging / Disposal, the Contractor
shall prepare survey charts on the specified scale mentioned above
showing cross-sections of the full results of the survey within two
weeks. On completion and agreement of the contents of the drawings,

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the Contractor and the Engineer's Representative shall both sign the
drawings, which shall then acquire the status of "Pre-Dredging survey /
Pre-Disposal survey" chart and form the basis for all further
measurement work undertaken in the course of the Contract.
19.8 PROGRESS SURVEYS
The Contractor, with the Engineer's Representative in attendance shall
carry out interim surveys, if required, in order to monitor the progress
of the Works. The method of survey shall be at par with that of pre-
dredging surveys conducted in the respective location. However,
decision of the Engineer shall be final on conducting the progress
surveys and the contractor has to make all necessary arrangements for
conducting such surveys
19.8 Post – Dredging 19.8 Post – Dredging Survey Charts
Survey Charts On completion of the survey the Contractor shall prepare survey charts on
the specified scale mentioned above showing cross-sections of the full
results of the survey. On completion and agreement on the contents of the
drawings and if the EIC - Engineer's Representative has satisfied himself
that the Works have been executed according to the Contract, the Contractor
and the Engineer's Representative shall sign the drawings, which shall then
acquire the status of "post-dredging survey / post-Disposal survey" chart.

On completion of Post – Dredging survey, the quantity actually dredged

with reference to the specifications shall be calculated by the Contractor by
using Simpson’s Rule for area calculation and the volume shall be calculated
based on Trapezoidal Rule and such calculations together with the copy of
Pre and Post Dredging Survey charts shall be furnished in 5 sets together
with monthly bills.

The dredging area shall be finalised in consultation with EIC & pre dredging
survey shall be conducted to determine the quantities to be dredged. After
dredging is completed in that section to get desired depth of +2.5m, Post-
Dredging Survey shall be conducted to determine the actual dredging
quantity for the payments.
19.9 Progress Survey 19.9 Progress Surveys:
Surveying The Contractor, with the TSSC-III / Employer’s personnel in attendance
continued shall carry out interim surveys, if required, in order to monitor the progress
of the Works. The method of survey shall be at par with that of pre-dredging
surveys conducted in the respective location. However, decision of the EIC
shall be final on conducting the progress surveys and the contractor has to
make all necessary arrangements for conducting such surveys.
19.9.1 Execution of surveys
Requirements with regard to the system, spacing’s, etc. for the Post-
Dredging / Post- disposal survey shall be identical to those indicated for
the pre-dredging surveys.
The IWAI / EIC may commission an independent organization to carry
out an independent post dredge survey of any particular shoal(s), if
required. The cost of such an independent survey will not be met by the
Contractor.

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However, the Contractor will make available free of charges survey

launch and all survey equipment to facilitate such survey without
adversely affecting his survey schedules.

19.9.2 Surveys of dredge areas

Upon the completion of each dredging shoal (LAD 2.0 / 2.25 / 2.50m) )
or at a time to be mutually agreed upon between the Contractor and the
Engineer's Representative, the Contractor, with the Engineer's
Representative in attendance, shall survey the appropriate area with a
view to checking whether the dredged areas comply with the
requirement as stipulated in Scope of Work, Technical Specifications or
in any other part of the contract and for determining payments for
dredging works carried out. This area includes: Navigation channel
along the River.

19.9.3 Survey of disposal areas

Upon the completion of each Dredging and / or Reclamation Works, or
at a time to be mutually agreed upon between the Contractor and the
EIC - Engineer's Representative, the Contractor, with the EIC -
Engineer's Representative in attendance, shall survey the appropriate
areas with a view to checking whether the works comply with the
technical specifications.
These areas are: Nominated Disposal area in River.

19.9.4 Post – Dredging Survey Charts

On completion of the survey the Contractor shall prepare survey charts
on the specified scale mentioned above showing cross-sections of the
full results of the survey. On completion and agreement on the contents
of the drawings and if the EIC - Engineer's Representative has satisfied
himself that the Works have been executed according to the Contract,
the Contractor and the Engineer's Representative shall sign the
drawings, which shall then acquire the status of "Post-dredging survey
/ Post-Disposal survey" chart.
On completion of Post – Dredging survey, the quantity actually dredged
with reference to the specifications and tolerance applicable to the
channel shall be calculated by the Contractor by using Simpson’s Rule
for area calculation and the volume shall be calculated based on
Trapezoidal Rule and such calculations together with the copy of Pre
and Post Dredging Survey charts shall be furnished in 5 sets together
with monthly bills.
The Post- Dredging Survey shall be conducted upon completion of
dredging for a length of 500 m of shoal or the entire shoal length,
whichever is less, or as per the instruction of the EIC.

19.9.5 Rectification of Works

In case the survey specified in the above proves that the Works have
not been completed according to the Contract, the EIC - Engineer's
Representative shall instruct the Contractor to rectify the Works. Upon

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the completion of these rectifying Works, the survey and charting as

specified in shall again be carried out at no extra cost to the Employer.
19.10 Hydrographic 19.10 SURVEY EQUIPMENTS
Survey Vessel /
Equipment 19.10.1 Hydrographic Survey Vessel
Surveying Provision and Operation of Mechanical Country Boat for Survey Works
continued The Contractor shall provide and operate to the satisfaction of the EIC
- Engineer's representative a fully equipped mechanized boat for
carrying out hydrographic survey / accurate echo sounding at the work
sites, and all such other equipment as required for undertaking the
hydrographic surveys, including pre-dredge and post–dredge survey.
Printing / plotting of charts, can be done on shore separately.
Specification of Survey Vessel:- The survey vessel shall have:
Sufficient size and stability to safely and properly carry out the survey
work under the prevailing site conditions;
Good manoeuvrability, even at low speeds of 1 to 2 knots
Ample space for instruments, recorders, etc;
Day accommodation for two men of the EIC - Engineer's staff,
besides the normal crew and Contractor's own surveyors;
A helmsman experienced in survey work; Adequate radio
communication between all persons concerned in the surveys;
A suitable shallow draught vessel to assist in the surveys of slopes close
to the surface; Facility for operation of Automated Hydrographic
Survey System (AHSS)
19.11 Echo Sounder 19.11 Echo Sounder
Surveying The digital echo sounder for hydrographic surveys shall in principle be
continued operated in the 210 kilo Hertz range (narrow beam transducer). It shall
not be permitted for any reason to use a lower operational frequency of
the echo sounder for the Post-dredging survey than that has been used
for the Pre-dredging survey. The digital echo sounder shall have an
accuracy of not less than 0.1 m.
At the start of each hydrographic survey, the AHSS is to be calibrated
to the specified accuracy. To this effect, the Contractor shall establish a
fixed point (or fixed points) with known coordinates such that the
survey boat can easily be positioned with the transducer of the
echo-sounder always in the same position relative to the calibration
point.

19.11.1 Calibration of Sounding Equipment

Echo sounding equipment shall be checked and calibrated daily before and
after use, by means of a bar or plate suspended at known distances below
the water surface. Checking shall be performed at the actual location of the
survey and the EIC - Engineer's Representative may require additional
checks during surveying. Adjustments to the recordings / readings taken
shall be made accordingly.

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Records of bar checks shall be performed at starting and ending of the day’s
survey work. The echo sounder should maintain a repeatable accuracy of
better than 10 cm.

19.12 Position Fixing 19.12 Position Fixing System (PFS)

System (PFS) It shall be in the form of Differential Global Positioning system (DGPS)
Surveying or Real time Kinematic System (RTKS) based DGPS system of
continued accredited / IHO approved make providing sub-metre accuracy in
position fixing.
The system shall be established in such a manner that it shall fully cover
the site of the Works and be constantly in operation during the course
of the dredging works. The system shall consist of ship borne masters
or receivers (one for each dredger and one for each survey launch),
distance measuring units, the requisite number of shore stations,
interfaces, track plotters, data storage facilities and sufficient spares to
enable uninterrupted operation of the system, to the accuracy specified
and on board computer and printer and suitable navigational software.
19.12.1 Installation and Testing
The system shall be installed, tested and set to work for continuous
operation during all dredging and survey operations. The system shall
be fully operational, a minimum of 7 days before surveying operations
commence including Field Calibration and base line check.
Once operational the system shall remain in continuous operation until
the last Post-Dredging survey is completed and the last Post-dredging
survey drawings have been signed and have been accepted by the EIC
- Engineer's Representative.
The PFS should have hundred percent in-built standby equipment to
cater for the failure of any individual components. The PFS shall at all
times maintain a repeatable accuracy, for any point within the Work site
of plus or minus 1.0 m in the horizontal plane.
19.12.2 Giving Notice of any Irregularities
The Contractor shall inform the EIC - Engineer's Representative
forthwith of any breakdown irregularities or otherwise, affecting the
positioning of his vessels or other equipment. Delays incurred in the
dredging operation due to malfunctioning of the PFS/ AHSS shall not
be reimbursed under the Contract and will not entitle the Contractor to
an extension of time for completion.
19.12.3 Hydrographic survey software
The Contractor shall use Automated Hydrographic Survey logging
System (AHSS) of any accredited / IHO approved Hydrographic survey
software which is compatible in logging depth (using digital echo
sounder) and position (using position fixing system) simultaneously.
The make and type of the hydrographic survey software and method to
be adopted for survey work shall got approved in writing from the
Engineer’s representative prior to commencement of the survey work.
The Contractor shall install the Online Dredging monitoring Software
(like developed by NTCPWC or any other Organization) at his cost.

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20 OTHER OTHER SURVEY METHOD

SURVEY Clause.19 , Set minimum standards for accuracy and methods of survey.
METHOD If the Contractor wishes to use equipment and methods different from
those specified, he shall submit his proposals in detail to the EIC -
Engineer, who shall satisfy himself of their adequacy before giving
approval or comment. Should methods proposed by the Contractor and
approved by the EIC - Engineer fail to produce the results specified,
the EIC - Engineer may withdraw his approval and instruct the
Contractor to carry out surveys in accordance with the Technical
Specification.
The Contractor shall comply with such instruction at no extra cost to the
Employer.
21 Plant and Plant and Equipment
Equipment The contractor shall arrange surveying equipment including boats,
OTHER SURVEY sounding devices etc. required for undertaking pre and post-dredging
METHOD surveys. No additional cost will be paid to the contractor for the same.
No separate mobilization and demobilization charges will be paid to the
Contractor for the extra equipment and dredgers to be deployed by the
Contractor for the work.
The rate of dredging quoted per cum will include all the charges to be
paid to the Contractor by the Employer.
The Contractor shall not change the type, number, size and make of
dredgers indicated in the contract without written approval of IWAI /
EIC . If the dredger breaks down, the Contractor should arrange for
replacement of the same with an equivalent capacity suitable dredger
with prior approval of IWAI / EIC .
This shall not relieve Contactor from obligations under the Contract
Agreement and no additional cost and time will be allowed.
The Contractor shall be responsible for obtaining specific approvals,
License’s and for the payment of any fees relating to the execution of
the works and to the process adopted by the Contractor, e.g., Right of
way for discharge pipes, temporary works for pump out points, local
authority approvals, License’s and approvals from concerned authority.
22 Variations, 22.1 Variation
adjustments and The Engineer in charge shall make any variation of the form, quality or
Additions quantity of the Works or any part thereof that may, in his opinion, be
necessary and for that purpose, or if for any other reason it shall, in his
opinion, be appropriate, he shall have the authority to instruct the
Contractor to do and the Contractor shall do any of the following:
(a) increase or decrease the quantity of any work included in the
Contract,
(b) omit any such work (but not if the omitted work is to be carried
out by the Employer or by another contractor),
(c) change the character or quality or kind of any such work,
(d) change the levels, lines, position and dimensions of any part of the
Works,
(e) execute additional work of any kind necessary for the completion
of the Works, or

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(f) change any specified sequence or timing of construction of any

part of the Works.
No such variation shall in any way vitiate or invalidate the Contract, but
the effect, if any, of all such variations shall be valued in accordance
with and as Provided that where the issue of an instruction to vary the
Works is necessitated by some default of or breach of contract by the
Contractor or for which he is responsible, any additional cost
attributable to such default shall be borne by the Contractor.
22.2 Instructions for Variations
The Contractor shall not make any such variation without an instruction
of the Engineer.

23 Material Obtained Material of any Kind obtained from excavation on the site shall remain the
from Excavation property of the Authority and shall be disposed off as directed by the
and Treasure, Engineer-in-Charge.
Trove, Fossils etc. However, if any of the materials thus obtained from excavation on the site
is such as can be used in the execution of work under the contract, the
contractor will be allowed to use the same free of cost (except that any
amount of royalty paid for in this regard by the Authority shall be
recoverable from the contractor) for the aforesaid purpose provide the same
is found suitable and is approved by the Engineer-in-Charge.

Fossils, coins, articles of value, structures and other remains of things of

geological or archaeological interest discovered on the site shall be the
absolute property of the Authority. The contractor shall take reasonable
precautions to prevent is labour or any other person from removing or
damaging any such article or things and shall acquaint the Engineer-in-
Charge with such discovery and carryout the Engineer-in-Charge’s
directions as to the disposal of the same at the expense of the Authority.

24 Payment The total Contract Price payable under the Contract shall be stipulated
in the Letter of Award and there upon shall become part of this Contract
and be paid in accordance with the terms hereon. The price quoted will
squarely and totally include all the charges to be paid to the contractor
by the Employer.
Payment for Dredging Works along the waterway for fairway
development & maintenance.
Total Contract Price shall be firm and fixed and shall not be subject to
any escalation during the period of the Contract except for any
adjustment in accordance with the terms of the Contract.
However, escalation for diesel, based on the price indices, component
weightage and as stipulated in Clause 45 of SCC of the Contract
Agreement is permissible.
The Contractor shall submit monthly Running Account Bills (RA Bills)
on or before the dates fixed by Engineer-In-Charge (EIC) for the
quantity and / or work executed for the month. The Contractor shall be
paid monthly as per the RA Bills submitted for the quantity dredged
within one month from submission of correct claim of bill.

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The contractor will submit the RA Bill in triplicate for shoal dredged
corresponding to a length and quantity to the Engineer-in-Charge,
which could be decided after the pre and post dredging survey
depending on length of each shoal to be dredged.
The running bills to be submitted to TSSC for dredging, shall be
accompanied with 3 sets each of pre and post dredging survey charts
and also detailed calculations of dredging quantity (both area of shoal
and volume dredged also including the width of the channel and the
depth).
The Contractor shall submit the compiled daily dredging log certified
by EIC, along with the monthly RA bill for payment. The daily log shall
contain the following information:
Date of Dredging.
Dredge Area along with channel width.
Start and stop timings of dredging operation.
Dredging done (in terms of approximate quantity).
25 Other Conditions Mobilization / Demobilization charges for the dredgers and its
accessories and other logistics for survey/inspection/works etc. should
be inbuilt in the bid by the Contractor. No additional payment/ claim in
this regard will be considered.
Normal barge and vessels/crafts movement in the channel shall not be
interrupted by the dredging operation.
No idle time charges shall be payable to the Contractor on any account
during the contract period.
The Contractor shall arrange at its own cost the transits, buoys, lights,
mooring etc. as required for dredging and also for cautioning other
vessels in the waterway.
The Engineer-in-charge or his representative will inspect, co-ordinate
and measure the work as per the contract condition. He has the right to
inspect at any time during the contract period besides the specified
schedule of inspections.
The Contractor shall provide the Engineer-in-Charge or his
representative boat/ survey launch from shore to dredger and back to
shore and movement in the stretch for inspection & supervision.
The Contractor may execute the work round the clock and on all days
including Sundays and Public Holidays with the permission of the
Engineer-in-charge in writing excepting National Holidays and subject
to such restrictions as may be imposed by State Govt./local body.
If the Contractor’s personnel or any outside labour employed to work
during execution of contract, breaks or damages/destroys any vessel,
craft, net, fishing stakes etc. building, road, kerb, water pipe, fence,
bund, wires, trees, crop, fruit or cultivated ground etc. during the period
of agreement, the same shall be made good by the Contractor at his own
expenses or in default the Employer may cause the same to be made
good by other sources and deduct the expenses from any sums that may
be then or at any time thereafter may become due to the Contractor.
Any dispute with the local fishermen, for removal of fishing nets,
stakes, from the channel to be dredged shall be solved by the Contractor

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However, on request the Employer may extend the assistance for

solving the issues only through the concerned official/ dept. of the state
or local bodies.
Contractor shall pay special attention for identification of disposal sites
with a view to ensure uninterrupted dredging operation and plan in
advance disposal details ahead of location of dredger. In the event of
non-availability of dumping site, Employer shall not be responsible for
delays caused in in the dredging operation/ maintenance of navigational
channel.
In case obstructions like concrete piles, structures of fishing nets, plastic
debris, fallen trees, etc. are to be removed by the Contractor, no extra
payment on this account shall be admissible to the Contractor.
In case of any local objections against dredging or disposal of dredged
spoils, it has to be settled by the Contractor. However, on request,
Employer will extend liaison/ help to the Contractor to approach
concerned officials of State Administration.
If the maintenance of navigational channel is stopped continuously for
more than 3 days due to law and order, Contractor has to report to the
same to the Engineer-in-charge and take actions mutually in accordance
with prevailing local laws for removal of such problem and proceeding
further with the work. In case of delay in work, the Engineer-in-charge
may take suitable decision without affecting the main objective of the
project.
The Contractor shall adopt adequate precaution and measures such as
construction of temporary protection etc. during the dredging operation,
to avoid any collapse/ damages to the existing bank. Protection work of
the dredged area shall be at its own cost.
The Contractor shall forthwith dispatch, raise and remove any plant
(floating or otherwise) belonging to him or to any person employed by
him which may be sunk in the course of execution and completion of
the works or otherwise deal with the same as the Engineer-in-charge or
his representative may direct. Until the same shall be raised and
removed, the Contractor shall display at night search lights and do all
such things for the safe navigation as may be directed by the Engineer-
in-charge. In the event of the Contractor not carrying out the obligations
imposed upon him by this clause, the Engineer-in-charge shall raise and
remove the same (without prejudice to the right of the Employer to hold
the Contractor liable) and the Contractor shall pay to the Employer all
costs incurred in connection therewith. The fact that sunken vessel,
craft or plant is insured or has been declared a total loss, shall not
absolve the Contractor from his obligation under this clause to raise and
remove the same.
During execution of the work if any environmental degradation occurs,
consequent on dumping of dredged material or any other reason the
same shall be undone or necessary mitigation measures to the
satisfaction of Engineer-in-charge by the Contractor at his cost, without
claiming any additional payment from Employer.

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Any changes incurred on testing of the dredged material, testing/

analysing the quality of water for adopting environmental safeguards,
minimizing detrimental impacts, enhancing the beneficial aspects of the
project and for effective management of the environmental resources
affected by the project shall be met by the Contractor. No additional
charges on any such account shall be payable by the Employer.
26 Environmental The Contractor shall be required to dispose of dredged materials complying
Management Plan with environmental consideration as detailed under Environmental
Management Plan, which has been published on IWAI’s website
([Link] and same is appended to the bidding document.

27 Bandalling The Contractor shall for the purpose of maintenance of the required LAD
and channel bottom width, undertake erection and maintenance of bandals
as under, in addition to dredging works and other methods that may be
employed by him.
i) Bandals of required length are erected at shoal sites to increase the
depth of main channel for the purpose of navigation or to maintain desired
depth in dredged channel. It will include erection, supervision, safe keeping,
re-erection and maintenance of bandals and other allied works complete
with all labour, materials, boats, temporary and permanent works, taxes,
levies, duties etc. as specified in the contract.
ii) Bandals are fabricated using new bamboos, mats and coir string.
Length of each unit of bandal is normally about 30 m/ 15 m and size of
screen is 1.2 m x 0.9 m. These bandals are placed at 30 degree to 45 degree
angle to the direction of current driving bamboo poles. The bamboo mats
are placed in such a way that only 10 cm. is above the water level and rest
inside the water. It is required to be maintained at appropriate level by
lowering/raising the mats depending on the change in water level. Bandal
needs to be erected according to the drawings given in Enclosure 1 & 2. In
A type bandal the 90 cm side of the mat will be in vertical position (i.e. 80
cm. inside water and 10 cm. above) and in B type bandal 120 cm. side is in
vertical position
iii) New harauti/ Jati bamboo of 18-23 cm circumference at 45 cm from
the bottom and 7 to 7.5 m long are used for horizontal, vertical and side
support. The vertical bamboo pins are driven in proper line with spacing of
60 cm as per drawings enclosed. The number of bamboos required for 15 m
length/30 m length are as under:

For 15 m – 40 Nos. and For 30 m – 80 Nos.

iv) New bamboo mats 1.2 m x 0.9 m made of minimum 1 mm thick and
minimum 1.5 to 2 cm. wide bamboo strips closely woven, tied together with
the help of bamboo strips and coir string are fixed on vertical bamboo pins
of bandal to act as screen as per drawing and direction of EIC. The no. of
mats & quantity of thick and thin coir string required during erection of 15
m and 30 m length of Bandals generally are as under:

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For 30 m For 15m

Bamboo mats - 56 nos. Bamboo mats - 28 nos.

Coir string (thick)-10 kgs. Coir string (thick) – 5 kgs.
Coir string (thin) – 5 kgs. Coir string (thin) – 2.5 kgs.

The bandals of specified length can be erected at the sites as per requirement
to maintain the navigational channel/depth.
v) Erected / re-erected bandals are maintained depending upon the
requirements. After certain period sand chur may appear behind one or more
length of bandal at one end of alignment of bandal. In that case such one or
more units of bandal may require to be removed and re-erected at other
alignment.
vi) During maintenance period, materials of bandal (e.g. bamboo,
bamboo mats, coir strings) is changed due to decay of material only.
vii) For effective bandalling, sufficient anticipated amount of materials
(e.g. bamboo, bamboo mats, coir string) is generally be stored at each bandal
site so that during maintenance materials may be replaced without any loss
of time. Replacement of decayed mats is completed at shortest period and
no part of bandal is kept without mats at any time.
viii) Sometimes it may be observed that the required depth of main
channel is achieved at any shoal by erecting bandals, but after a period of
time, continuing the bandals is no longer considered necessary. In that case
the erected bandals are required to be removed.
ix) Re-erection of bandal at new places is done with the help of salvaged
materials obtained from the removed bandal and by using other fresh
materials e.g. bamboo, bamboo mats and coir string, by substituting
whatsoever may be found damaged in the process of re-erection.
x) Adequate number of boats / logistics are arranged by for erection and
maintenance of the bandals at each site are to be arranged by the Contractor.
Contractor may use power boats/ launches for timely erection and proper
maintenance of bandal.
The above details of bandals are given only for the guidance of Contractor.
However, the Contractor is free to alter the specification of bandals. In fact
Contractor is also free to employ every other method of aid for maintenance
of targeted LAD. This may include any type of temporary or semi-
permanent river training works. It is to be reiterated that for performance of
this contract or for payments to be made under the contract the only
objective / measurement to be made is the LAD recorded on specified joint
inspections and not either the quantity of dredging or bandalling or channel
marking or anything else. But if the Contractor wishes to employ any other
method (other than traditional dredging or bandalling), he has to request for
the same with sufficient details and obtain written permission from
Engineer-in-charge for every innovative work. If such works are found
prima facie practical, they will be accepted and encouraged.

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28 Navigational Aids During Performance Dredging period:

(Day Channel
Marking) i. Specified day channel markings are an essential component of
navigation through the channel which is to be maintained by the Contractor
under this contract. Contractor is advised to acquaint himself adequately
with various types of channel marks specified by IWAI under regulation for
Prevention of collision of national waterways regulations, 2002.

ii. The inspection of the navigational channel for certifying the

maintenance of assured LAD will also be carried out in the channel thus
marked by the Contractor. The inland vessels (the end users) also use these
channel marks as standard guiding aids for safe navigation.
iii. The number and type of aids to navigation to be provided shall be
based on the volume of traffic and degree of risk associated with navigation
on the river route. Further, minimum number of day navigational marks is
to be erected in the maintained channel during the lean and flood season are
220 & 110 respectively in the way it is safe for navigation and can be easily
identified as navigation route by the end users during their course of
navigation without any assistance.
iv. The contract shall also include the maintenance of navigational aids
to navigation delineating river fairways.
v. The Contractor will also be required to deploy its own pilots for
assisting cargo and passenger / tourist vessels for their movement based on
written request by the end users. For this, the Contractors can charge the fee
from the users as per IWAI’s regulation.
vi. In case any cargo vessel is grounded due to inadequacy of depths or
channel marking, the Contractor shall make arrangement for rescue of the
vessels by providing rescue tugs at his own cost.

EIC has the right to take appropriate action if the contractor fails to satisfy
EIC about number type and quality of channel markings or if an end user
complains in writing with Prima facie evidence about absences, inadequacy
or mistakes in channel marking erected by the contractor under this contract.
Some important aspects of channel marking to be erected and maintained by
the Contractor to meet the requirements of this contract are as following: -

28.1 Day Channel Some important aspects of channel marking to be erected and maintained by
Marking – cond. the Contractor to meet the requirements of this contract are as follows: -

A. The responsibility of the contract includes erection, supervision, safe

keeping, re - erection and maintenance of the channel marks and other allied
works and the provision of all labour, materials, mechanized boats,
temporary works and everything whether of a temporary or permanent
nature required for safe navigation as specified or reasonably to be inferred
from the contract.
B. For marking the channel, the material used shall be bamboos,
bamboo strips, bamboo mats, coir string, straw, lime, etc., the materials and

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other tools and plants as may be required are to be arranged at different

sectors at Contractor's own cost.
C. Marks shall have to be erected at suitable places as per requirement
of E-I-C or his representative and also as per Enclosure-3 herewith. In case,
any marks are placed wrongly the same shall be rectified by the Contractor
at his own cost.
D. The Contractor shall at his risk and cost, make all arrangements for
locating the navigable channels, sand chars, snags, etc., by means of regular
soundings along the river and change the position of the marks to indicate
the navigable channel by the end users during operating in the stretch.
E. All the marks termed as right hand marks, left hand marks, channel
closing marks and snags (for lean season) and right hand transit mark and
left hand transit mark (for flood season) are of variable nature and this can
be determined only after conducting the survey in the field. In case of
additional requirement of marks, the Contractor shall erect the same without
additional cost.
F. The Contractor shall be liable to bear the expenditure of all
manpower, material and equipment required for the work at his cost. He
must, therefore, have thorough knowledge about the work prior to
submission of his rates in the bid. No extra claim in this regard shall be
entertained once the contract has been awarded. The marks shall be
maintained during the entire contract period. The material used for channel
marking thereafter shall have to be removed by the Contractor at his risk &
cost.
G. Bamboo Harauti of 18 to 23 cm circumference at 45 cm (1'-6") from
the bottom about 7 to 7.5 mtrs. long are required for marking the channel.
The marks shall be driven properly by using wooden hammer up to at least
(one) 1 meter below the ground level. Submerged sand chars, submerged
high banks and other possible navigational obstructions shall be duly
marked Beginning and end of a channel through chars shall be prominently
marked using bamboo poles with bamboo mats reinforced with bamboo
strips for being located. These shall also be painted with lime. The reference
of marking shall be commenced from upstream of the river and marks shall
be put up on the right-hand side of the channel or the left-hand side of
channel as given in Enclosure 3.
H. The navigable channel shall be 45 m wide and 2.2 m deep throughout
the year. Marks shall be erected after taking measurement across the river
by marked bamboo poles.
I. Navigational channel in the crossing from one bank to another shall
be marked with transit marks. Where straight reach is available, marking
shall be placed at longer distance but shall be visible from first mark. For
marking the main channel passing through the shoal / chars the marks shall
be erected in water close to the main navigational channel.
J. All snags shall be marked with proper care. During the flood a
number of trees, trunks & other permanent structures which are uprooted in
the U/S of the river, flows down & get strangles at marking places even
some time in the main channel. For safety of navigation, these obstructions
known as snags should be detected first & marks properly. For this special

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marks (as mid water snag marks, left & right hand snag marks) are being
used which may be seen in Enclosure-3. If they are deep in water lying on
river bed but allowing sufficient navigation depth in lean period then
marking is done by a navigation buoy made of a sealed 15 litre empty oil tin
painted red, tied with a wire rope & sunk by a sinker.
K. The materials used on the work shall be of good quality conforming
to the specifications laid in the contract. The work shall be carried out in a
workman like and expeditious manner and the quality of work at each stage
shall be monitored by the Engineer-in-charge or its representatives. The
Engineer-in-charge’s decision as to the quality of such materials and work
shall be final and binding on the Contractor.
The Contractor shall bear full responsibility for the intimation to the
Engineer-in-charge forthwith of any accident and take all necessary action
required under relevant Acts and Rules, Marine Rules etc., as the case may
be. The Contractor shall also report such accidents to the Competent
Authority wherever such reports are required under rules. The Engineer-in-
charge or his representative must however, be informed immediately in the
event of any marine accident. The Contractor should also bear full
responsibility for all accident, damages or injury caused to any of the
Employer’s employees, cause of which is established to be attributable to
the Contractor's carelessness or negligence.
29 Meandering There has been substantial meandering and details of changes to the
river course in past years are given in the documents.
30 Course of The contractor will have to identify the best course of navigation channel
Navigation from time to time and remove shoals [shallow area w.r.t. assured available
depth of 2.2 m] by dredging or other methods and / or bandalling.
31 Field books All field books, calculations, maps, original records, survey tracks, as-run
plots, soft copies of soundings with positions (raw data as well as edited /
sorted data), soft copy of water level etc. of all survey activities shall be
kept on site available for the EIC / EIC Representative / TSSC-III’s study
or checking for the duration of the Contract.

32 Accuracy of The accuracy of surveys in the horizontal plane, related to the relevant
surveys benchmarks for the project should be within 1.0 m. The accuracy of surveys
in the vertical plane includes:
The echo sounder which should maintain a repeatable accuracy of better
than 10 cm for measurements of distances between riverbed and survey
vessel waterline.
The recording of water levels by means of automatic water level gauges
which should be within 5 cm. wherever erection of automatic water level
gauge is not found feasible, manual water level gauge shall be erected with
prior approval of EIC.
The water level plane between the tide gauges and the survey location can
be assumed horizontal. Survey lines on consecutive surveys should be sailed
in the same direction.

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33 Rectification of In case the survey specified in the above proves that the Works have not
Works been completed according to the Contract, the EIC - Engineer's Represen-
tative shall instruct the Contractor to rectify the Works. Upon the
completion of these rectifying Works, the survey and charting as specified
in shall again be carried out at no extra cost to the Employer.
34 Giving Notice of The Contractor shall inform the EIC - Engineer's Representative forthwith
any Irregularities of any breakdown irregularities or otherwise, affecting the positioning of
his vessels or other equipment. Delays incurred in the dredging operation
due to malfunctioning of the PFS/ AHSS shall not be reimbursed under the
Contract and will not entitle the Contractor to an extension of time for
completion.

*****

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Environmental and Social (ES) requirements

SUGGESTED CONTENT FOR AN ENVIRONMENTAL AND SOCIAL POLICY
The Works’ policy goal, as a minimum, should be stated to integrate environmental protection,
occupational and community health and safety, gender, equality, child protection, vulnerable people
(including those with disabilities), gender-based violence (GBV), HIV/AIDS awareness and prevention
and wide stakeholder engagement in the planning processes, programs, and activities of the parties
involved in the execution of the Works. The Employer is advised to consult with the World Bank to agree
the issues to be included which may also address: climate adaptation, land acquisition and resettlement,
indigenous people, etc. The policy should set the frame for monitoring, continuously improving processes
and activities and for reporting on the compliance with the policy.
The policy shall include a statement that, for the purpose of the policy and/or code of conduct, the term
“child” / “children” means any person(s) under the age of 18 years.
The policy should, as far as possible, be brief but specific and explicit, and measurable, to enable
reporting of compliance with the policy in accordance with the Particular Conditions of the Contract
Sub-Clause 3.6 of Special Conditions of Contract.
As a minimum, the policy is set out to the commitments to:
1. apply good international industry practice to protect and conserve the natural environment and
to minimize unavoidable impacts;
2. provide and maintain a healthy and safe work environment and safe systems of work;
3. protect the health and safety of local communities and users, with particular concern for those
who are disabled, elderly, or otherwise vulnerable;
4. be intolerant of, and enforce disciplinary measures for illegal activities. To be intolerant of,
and enforce disciplinary measures for GBV, child sacrifice, child defilement, and sexual harassment;
5. incorporate a gender perspective and provide an enabling environment where women and men
have equal opportunity to participate in, and benefit from, planning and development of the Works;
and/or regulatory requirements and standards (where these represent higher standards than the WBG
EHS Guidelines)
6. relevant international standards e.g. WHO Guidelines for Safe Use of Pesticides
7. relevant sector standards e.g. EU Council Directive 91/271/EEC Concerning Urban Waste
Water Treatment
8. grievance redress mechanism including types of grievances to be recorded and how to protect
confidentiality e.g. of those reporting allegations of GBV/SEA.
9. GBV/SEA prevention and management.
The detail specification for ES should, to the extent possible, describe the intended outcome rather than
the method of working.
The ES requirements should be prepared in manner that does not conflict with the relevant General
Conditions of Contract and Particular Conditions of Contract.
PAYMENT FOR ES REQUIREMENTS
The Employer’s ES and procurement specialists should consider how the Contractor will cost the
delivery of the ES requirements. In the majority of cases, the payment for the delivery of ES requirements

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shall be a subsidiary obligation of the Contractor covered under the prices quoted for other Bill of
Quantity items. For example, normally the cost of implementing workplace safe systems of work,
including the measures necessary for ensuring traffic safety, shall be covered by the Bidder’s rates for
the relevant works. Alternatively, provisional sums could be set aside for discrete activities for example
for HIV counselling service, gender-based violence and SEA awareness and sensitization or to
encourage the contractor to deliver additional ES outcomes beyond the requirement of the Contract.
MINIMUM CONTENT OF ESHS REQUIREMENTS
In preparing detailed specifications for ESHS requirements, the specialists should refer to:
10. project reports e.g. ESIA/ESMP
11. consent/permit conditions
12. required standards including World Bank Group EHS Guidelines
13. national legal and/or regulatory requirements and standards (where these represent higher
standards than the WBG EHS Guidelines)
14. relevant Indian Standards for Safe Use of Pesticides, and in the absence of such Indian
Standards relevant international standards e.g. WHO Guidelines for Safe Use of Pesticides
15. relevant Indian Standards Concerning Urban Waste Water Treatment, and in the absence of
such Indian Standards relevant sector standards e.g. EU Council Directive 91/271/EEC Concerning
Urban Waste Water Treatment
16. grievance redress mechanisms
MINIMUM REQUIREMENTS FOR THE CODE OF CONDUCT
A minimum requirement for the Code of Conduct should be set out, taking into consideration the issues,
impacts, and mitigation measures identified in:
17. project reports e.g. ESIA/ESMP
18. consent/permit conditions
19. required standards including World Bank Group EHS Guidelines
20. national legal and/or regulatory requirements and standards (where these represent higher
standards than the WBG EHS Guidelines)
21. relevant standards e.g. Workers’ Accommodation: Process and Standards (Indian Standards,
and in the absence of such Indian Standards those of IFC and EBRD)
22. relevant sector standards e.g. workers accommodation
23. grievance redress mechanisms.
The types of issues identified could include. risks associated with: labor influx, spread of communicable
diseases, sexual harassment, gender based violence, illicit behavior and crime, and maintaining a safe
environment etc.
The minimum Code of Conduct requirement may be based on the following:
CODE OF CONDUCT REQUIREMENTS
A satisfactory code of conduct will contain obligations on all project staff (including sub-contractors and
day workers) that are suitable to address the following issues, as a minimum. Additional obligations
may be added to respond to particular concerns of the region, the location and the project sector or to
specific project requirements. The issues to be addressed include:
24. Compliance with applicable laws, rules, and regulations of the jurisdiction

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25. Compliance with applicable health and safety requirements (including wearing prescribed
personal protective equipment, preventing avoidable accidents and a duty to report conditions or
practices that pose a safety hazard or threaten the environment)
26. The use of illegal substances
27. Non-Discrimination (for example on the basis of family status, ethnicity, race, gender, religion,
language, marital status, birth, age, disability, or political conviction)
28. Interactions with community members (for example to convey an attitude of respect and non-
discrimination)
29. Sexual harassment (for example to prohibit use of language or behavior, in particular towards
women or children, that is inappropriate, harassing, abusive, sexually provocative, demeaning or
culturally inappropriate)
30. Violence or exploitation (for example the prohibition of the exchange of money, employment,
goods, or services for sex, including sexual favors or other forms of humiliating, degrading or
exploitative behavior)
31. Protection of children (including prohibitions against abuse, defilement, or otherwise
unacceptable behavior with children, limiting interactions with children, and ensuring their safety in
project areas)
32. Sanitation requirements (for example, to ensure workers use specified sanitary facilities
provided by their employer and not open areas)
33. Avoidance of conflicts of interest (such that benefits, contracts, or employment, or any sort of
preferential treatment or favors, are not provided to any person with whom there is a financial, family,
or personal connection)
34. Respecting reasonable work instructions (including regarding environmental and social norms)
35. Protection and proper use of property (for example, to prohibit theft, carelessness or waste)
36. Duty to report violations of this Code
37. Non retaliation against workers who report violations of the Code, if that report is made in good
faith.

The Code of Conduct should be written in plain language and signed by each worker to indicate that they have:
38. received a copy of the code;
39. had the code explained to them;
40. acknowledged that adherence to this Code of Conduct is a condition of employment; and
41. Understood that violations of the Code can result in serious consequences, up to and including
dismissal, or referral to legal authorities.

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ANNEXURE-A
Ghazipur – Varanasi (133 Km)
The report “Status on River Ganga: State of the Environment and Water Quality” from the National
River Conservation Directorate (2009) provides useful information in terms of understanding water
discharges along the upstream reaches of NW-1. The report presents water discharges with a probability
of exceedance of 50%, 10% and 90% at 6 stations: Allahabad, Mirzapur, Varanasi, Buxar, Patna and
Azamabad during the low flow season. It also presents average post-monsoon flows (in October-
November), average flows in December-February and in March-May periods. These values are
summarized in below.

Table A- 1: Characteristic discharges obtained from the National River Conservation Directorate
(2009) report

Flow regime Discharge Allahabad Mizarpur Varanasi Buxar Patna Azamabad

(m3/s)
Q50 (flow with 50% 300 300 300 450 1050 1400
probability of exceedance)
during low season
Q90 (flow with 90% 175 175 175 250 600 1050
probability of exceedance)
during low season
Q10 (flow with 10% 450 450 450 600 1600 2000
probability of exceedance)
during low season

Average in October- 2000 2200 2400 3100 5500 9500

November

Average in December- 500 500 500 750 1300 2200

February
Average in March-May 400 400 400 500 1000 1500

Source: The National River Conservation Directorate, Ministry of Environment and Forests,
Government of India (2009)

2. Water Levels

Temporal series of water levels have been provided for Ghazipur. The figure shows the variability of
monthly water levels, which can be of the order of 10 m during the high season. In general, water levels
are at their highest in August-September and sharply decrease in October-November. In general, they
continue to decrease during the whole low flow season, from December to May, and start to raise again
in June-July. The figure shows the maximum and minimum monthly values with the black block
representing where 50% of the values concentrate.
The period of the year in which the minimum water level can occur varies with location along the river.

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Minimum water levels at Ghazipur with 50%, 10% and 1% annual probabilities of occurrence are 52.45
m, 51.59 m and 51.27 m, respectively. Maximum water levels at Ghazipur with 50%,
10% and 1% annual probabilities of occurrence are 62.88 m, 64.78 m and 65.18 m, respectively.
Source: The National River Conservation Directorate, Ministry of Environment and Forests,
Government of India (2009)
Water Levels
The 1D model has been run for the whole waterway from Allahabad to Haldia. The model has been run
considering the following discharges from Allahabad to Farakka:
The average dry season flow;
The 1 in 2 year low flow (50% annual probability of occurrence)
The 1in 10 year low flow (10% annual probability of occurrence)
Water level results for the reach from Tribeni to Farakka are

2.1 Analysis of LAD

Least Available Depth (LAD) available from Tribeni to Allahabad was analysed to get an
understanding of the variations of water depths. Data for the period April 2002 to June 2015 was
used to build probability curves of LAD. The probability curves for the reaches between Ghazipur –
Varanasi are shown in Figure A-2. The curves shows the percentage of the years where LAD value
lower than the value shown in the graph.

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Reach 30 Ghazipur - Saidpur LAD Probability Reach 31 Saidpur – Varanasi LAD Probability
Curve Curve

Studies of Changes to the River Course in Past Ten Years

In this section, the general character of the river morphology is discussed having in mind its possible
impacts to navigation. The River Ganga is a dynamic system which has continuous and unsteady
inputs([Link],sedimenttransport)andthus,itiscontinuously adjusting in response to the
changing inputs. Depending on those inputs, the river is significantly mobile, changing pattern from
one season to another.

From the analysis of satellite images in the last 10years, the general river typo logies along each river
reach have been identified. These are presented inTableB-1below.

TableB-1:Description of the Morphological Character from Patna to Ghazipur

Reach Description Chainage Morphological description

30 Ghazipur – Saidpur – 76 km (1178 – 1254 ) Sinuous channel that shows some degree
of braiding in a stretch of around 10
31 Saidpur – Varanasi – 57 km kilometres single channel, wider at
( 1254- 1311 ) Meandering
bends with some chutes and a side
channel.

Figure A-2: Frequency curves of LAD in Varanasi-Ghazipur

This statistical information has also been analysed to show LAD values of 50% frequency. The
information is presented in Table A- 2 below.
Table A- 2: 50% frequency of LADs being lower than mentioned LAD (in metres)

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Chainage
Name (km) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
30 Ghazipur – Saidpur 1178- 1.40 1.30 1.25 1.30 1.10 1.15 2.10 4.40 3.35 2.00 1.65 1.40
31 Saidpur – Varanasi 1254-
1254 1.50 1.50 1.30 1.30 1.10 1.20 2.20 4.30 3.10 2.20 1.75 1.45
Key: 1311
3.0m =< LAD 2.5m =< LAD < 3.0m 2.2m =< LAD < 2.5m LAD < 2.2m
The different colours in show the range of minimum depths available. Green corresponds to the
months when available depths are larger than 2.2 m. The table clearly shows the behavior of water
depths upstream of Varanasi.
The LADs for the period 2006 & 2010-2015 are shown in the tables below.
(Note: The dredging volumes are based on 2015 bathymetric and topographic survey considering
average flow conditions)
Table A- 3: LAD for 2015 (in meters)

Oct IIFN
Jun IIFN

Nov IFN
Jan IIFN

Mar IFN

Dec IFN
Apr IFN
Feb IFN

Oct IFN
Jun IFN
Jan IFN

IIFN

IIFN

IIFN

IIFN

IIFN

IIFN
May
May

Aug

Nov
Mar

IFN

Dec
Apr
Feb

Sep
Jul
30 Name
Ghazipur Chainage
1178- 1.3 1.2 1.5 1.2 1.2 1.7 1.3 1.4 1.0 1.1 0.9 1.1 2.7 3.4 1.5 1.4 1.5 1.5 1.5 1.4 1.3
(km)
31 Saidpur - 1254
- Saidpur 1254- 1.3 1.2 1.6 1.3 1.3 1.8 1.4 1.5 1.0 1.0 1.0 1.1 3.1 4.3 1.5 1.3 1.2 1.3 1.1 1.1 1.2
Key: Varanasi 1311
3.0m =< LAD 2.5m =< LAD < 3.0m 2.2m =< LAD < 2.5m LAD < 2.2m
Table A4: LAD for 2014 (in meters)
Jan IIFN

Mar IFN

Dec IFN
Apr IFN
Feb IFN

Oct IFN
Jun IFN
Jan IFN

Chainage
IIFN

IIFN

IIFN

IIFN

IIFN

IIFN

IIFN

IIFN
May
May

Aug

Nov
Nov
Mar

IFN

IFN

Dec
Apr
Feb

Sep

Oct
Jun
Jul

Name (km)
30 Ghazipur 1178- 1.4 1.4 1.0 1.0 1.7 1.9 1.5 1.4 1.5 1.5 NA 1.2 1.4 4.8 2.1 2.0 1.5 1.5 1.2 1.1 1.3
31 -Saidpur
Saidpur- 1254
1254- 1.7 1.7 1.7 1.8 2.1 1.8 1.5 1.5 1.9 1.5 NA 1.5 1.5 7.2 2.1 1.2 1.2 1.2 1.3 1.2 1.2
Key: Varanasi 1311
3.0m =< LAD 2.5m =< LAD < 3.0m 2.2m =< LAD < 2.5m LAD < 2.2m
Table A5: LAD for 2013 (in metres)
May IIFN

Nov IIFN
Mar IIFN

Dec IIFN
Apr IIFN
May IFN
Feb IIFN

Oct IIFN
Jun IIFN

Nov IFN
Jan IIFN

Mar IFN

Dec IFN
Apr IFN
Feb IFN

Oct IFN
Jun IFN
Jan IFN

Name Chainage
Aug
Sep
Jul

(km)
30 Ghazipur 1178- 1.1 1.2 NA 2.3 1.4 1.3 1.1 1.3 0.7 NA 1 3.5 1.5 9.1 1.5 1.7 2.1 1.6 1.4 1.2 1.4
31 -Saidpur
Saidpur- 1254
1254- 1.7 1.7 2.0 2.3 2.0 1.8 1.3 1.3 NA NA NA 4.0 2.1 8.2 2.1 2.5 2.3 2.0 1.6 1.2 1.5
Key Varanasi 1311
3.0m =< LAD 2.5m =< LAD < 3.0m 2.2m =< LAD < 2.5m LAD < 2.2m

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Table A6: LAD for 2012 (in metres)

Mar IIFN

Dec IIFN
Apr IIFN
May IFN
Feb IIFN

Oct IIFN
Jun IIFN

Nov IFN
Jan IIFN

Mar IFN

Dec IFN
Apr IFN
Feb IFN

Oct IFN
Jun IFN
Jan IFN
Chainage

IIFN

IIFN
May

Aug

Nov
Sep
Name (km)

Jul
30 Ghazipur 1178- 1.5 1.3 1.3 1.0 0.9 1.2 1.1 1.0 0.8 0.9 NA NA 1.9 6.6 4.7 2.1 1.2 1.2 1.2 1.3 1.4
31 -Saidpur
Saidpur- 1254
1254- 1.3 1.2 1.5 1.3 NA 1.3 1.3 NA 1.1 1.1 NA 1.1 2.0 6.0 4.9 3.0 1.2 1.1 1.7 1.4 1.5
Key: Varanasi 1311

3.0m =< LAD 2.5m =< LAD < 3.0m 2.2m =< LAD < 2.5m LAD < 2.2m
Table A7: LAD for 2011 (in metres)

Apr IIFN
May IFN
Feb IIFN

Oct IIFN
Jun IIFN

Nov IFN
Jan IIFN

Mar IFN

Dec IFN
Apr IFN
Feb IFN

Oct IFN
Jun IFN
Jan IFN

Chainage

IIFN

IIFN

IIFN

IIFN
May

Aug

Nov
Mar

Dec
Sep
Name (km)

Jul
30 Ghazipur 1178- 1.6 1.5 1.3 1.1 1.4 1.1 1.1 1.0 1.0 1.0 1.0 3.1 6.9 5.6 5.0 2.2 1.6 1.5 1.1 1.1 1.3
31 -Saidpur
Saidpur- 1254
1254- 1.8 1.7 1.2 1.2 1.2 1.1 1.1 1.0 1.0 1.0 1.0 3.1 7.5 7.0 5.4 2.2 2.1 1.9 1.4 1.5 1.4
Key: Varanasi 1311
3.0m =< LAD 2.5m =< LAD < 3.0m 2.2m =< LAD < 2.5m LAD < 2.2m

Table A8 LAD for 2010 (in metres)

May IIFN

Nov IIFN
Mar IIFN

Dec IIFN
Apr IIFN
May IFN
Feb IIFN

Oct IIFN
Jun IIFN

Nov IFN
Jan IIFN

Mar IFN

Dec IFN
Apr IFN
Feb IFN

Oct IFN
Jun IFN
Jan IFN

Name Chainage Aug

Sep
Jul

(km)
30 Ghazipur 1178- 1.5 1.6 1.3 1.2 0.9 0.9 0.9 0.8 0.9 0.8 0.4 0.4 2.2 3.6 4.9 5.4 2.2 2.0 2.0 2.0 1.9
31 -Saidpur
Saidpur- 1254
1254- 1.5 1.5 1.2 1.2 0.9 0.9 0.9 0.8 0.7 0.7 0.5 0.4 2.2 3.8 5.4 5.8 2.2 2.5 2.0 2.0 1.9
Key: Varanasi 1311
3.0m =< LAD 2.5m =< LAD < 3.0m 2.2m =< LAD < 2.5m LAD < 2.2m

Table A9 LAD for 2006 (in metres)

Jul IFN

Name Chainage
IIFN

IIFN

IIFN

IIFN

IIFN

IIFN

IIFN

IIFN

IIFN

IIFN

IIFN

IIFN
May
May

Aug
Aug

Nov
Nov
Mar
Mar

(km)
IFN

IFN

IFN

IFN

IFN

IFN

IFN

IFN

IFN

IFN

IFN
Dec
Dec
Apr
Apr
Feb
Feb

Sep
Sep
Oct
Oct
Jun
Jun
Jan
Jan

Jul

30 Ghazipur 1178- 1.2 1.2 1.2 1.2 1.2 1.2 1.3 1.2 1.2 1.2 NA 1.3 1.2 2.1 2.9 4.4 4.1 5.0 3.0 1.5 1.4 1.4 1.5 1.7
31 -Saidpur
Saidpur- 1254
1254- 1.4 1.4 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2 NA 1.2 1.2 2.2 3.0 4.0 5.8 5.2 3.0 1.5 1.5 2.0 1.9 1.8
Key: Varanasi 1311
3.0m =< LAD 2.5m =< LAD < 3.0m 2.2m =< LAD < 2.5m LAD < 2.2m

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Varanasi to Saidpur

Saidpur to Ghazipur

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“CAPACITY AUGMENTATION OF NATIONAL WATERWAY-1”

(Jal Marg Vikas Project)

ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

VOLUME –8h:
Environmental Management Plan (EMP)
for
Dredging/Removal of Hard Strata between
Ghazipur and Varanasi
Uttar Pradesh, River Ganga

April 2023

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Table of Contents

Chapter 1. EMP FOR MAINTENANCE DREDGING/REMOVAL OF HARD STRATA ... ….162

1.1. Introduction ............................................................................................................. 162
1.2. Description of Environment ..................................................................................... 162
1.3. Environmental Management Plans .......................................................................... 164
1.3.1. Environmental Management Plan for Maintenance Dredging/Removal of Hard Strata
for hard strata Between Ghazipur and Varanasi near
Saidpur…………………………..165
1.4. Environment Monitoring Plan .................................................................................. 169
1.5. Environment Health and Safety Cell ........................................................................ 169
1.6. Reporting Requirements: ........................................................................................ 169

List of Tables
Table 1.1 : Salient Environmental Features along the Ghazipur to Varanasi Stretch .................... 163
Table 1.2 :Dredging/Removal of Hard Strata and Disposal Management Plan for Stretch Between
Ghazipur and Varanasi...............................................................Error! Bookmark not defined.
Table 1.3 : Environmental Management Plan for Maintenance Dredging/Removal of Hard Strata 171
Table 1.4 Environmental Monitoring Plan ..................................................................................... 181

List of Figures
Figure 1.1 : Location Map ............................................................................................................. 162
Figure 1.2 : Fish Breeding and Spawning Grounds along NW-1 (Patna to Allahabad Stretch) ..... 170

List of Annexure
Annexure 1.1: Standards for onshore & off-shore disposal of dredged material ........................... 182

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Chapter 1. EMP FOR MAINTENANCE DREDGING/REMOVAL OF HARD

STRATA
1.1. Introduction
Inland waterways Authority of India (IWAI) has proposed to augment the navigation capacity
of waterway NW-1 (Haldia to Allahabad) and continue to maintain the entire stretch. Under
this project, IWAI has proposed to develop the infrastructure facility like Multimodal terminals,
Navigation aids for day & night navigation, River information system with all hardware and
software, Ro-Ro jetties, Bank & slope protection, River training works, Equipment like tow
barges, inland vessels, survey vessels including rescue boats & survey equipment and
Dredging of the navigation channel, to augment the navigation capacity of the waterway.
Location map of NW-1 is given in Figure 1.1.
To improve the navigation in national waterways-1 IWAI has proposed a project “Capacity
Augmentation of the Nation Waterway 1 (1620 kms, with minimum water depth of 2.2-3.0 m)
between Haldia and Allahabad”. For which maintenance Dredging/Removal of Hard Strata is
required at different locations along the NW-1 and to be carried out so as to maintain the least
available depth (LAD).

FIG 1.1 :Location Map

1.2. Description of Environment

The NW-1 stretch starts from Haldia to Allahabad (1620 KM long) on Ganga - Bhagirathi
Hooghly river system. The Bhagirathi Hooghly River portion of the waterway from Haldia to
Nabadwip is under tidal influence. From Nabadwip to Jangipur the NW-1 stretch is formed by
Bhagirathi Hooghly River. Bhagirathi Hooghly River flow is regulated through feeder canal from
barrage at Farakka and Jangipur. The feeder canal originating from Farakka barrage acts as

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link between Bhagirathi Hooghly River and Ganga River (upstream of Farrakka Barrage)23.
NW-1 is passing through four states namely UP, Bihar, Jharkhand and West Bengal. The
salient environmental features around NW-1 within, 500m, 2km and 10km stretches are
summarised in Table 1.1.

Table 1.1 : Salient Environmental Features along the Ghazipur to Varanasi Stretch
S. Environmental Within NW- Within 2 km area Within 10 km Environmental
No Features 1 (500 M) around NW-1 area around Sensitivity Ghazipur
. NW-1 to Varanasi
1 Ecological Environment
A Presence of None None None None
National
Park/Biosphere
Reserves, Tiger
reserve etc.
Presence of None None None None
Wildlife
Sanctuary
B Reserved None None None None
/Protected
Forests
C Wetland of state None None None None
and national
interest
D Migratory route None None None None
for wild
terrestrial
animals
E Presence of None None None None
Schedule-I
Terrestrial
Fauna
F Presence of Yes None None None
Schedule-I Dolphin, and
Aquatic Fauna Turtle Kashi Turtle
Sanctuary was de
notified as per the UP
government
notification no.
346/81-4-2020-
823/2008/TC dated
17.03.2020

G Important Bird None None None None

Area
H Seismicity NW-1 stretch between Varanasi and Ghazipur falls Stretch falls in Zone-
in Zone-III (moderate risk) III (moderate risk) as

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S. Environmental Within NW- Within 2 km area Within 10 km Environmental

No Features 1 (500 M) around NW-1 area around Sensitivity Ghazipur
. NW-1 to Varanasi
per Seismic Zoning
Map of India

B. Social Environment
I Physical Setting Rural, Industrial and Urban Rural, Industrial and
Urban
Densely Varanasi, Zamania, Ghazipur are densely populated Varanasi, Rajwari,
populated area areas. Rampur, Saidpur,
Buddhpur, Ghazipur
J Physical Yes Yes
Sensitive Ghats, Temples, masjid, Schools, Colleges and Ghats, Temples,
Receptors Hospitals are present all along the NW-1. Schools, Colleges
and Hospitals are
present all along the
NW-1.
K Archaeological Yes There are 4
Monuments There are archaeological sites located within 300 m archaeological sites
area of the NW-1 and these are Kardmeshwar located within 300 m
Mahadeva Mandir, Ramnagar fort, archaeological area of the stretch
excavation site, Varanasi, Manmahal and and these are
observatory, St. John's Church, Aunrihar Kardmeshwar
archaeological site. Mahadeva Mandir,
Ramnagar fort,
archaeological
excavation site,
Varanasi, Manmahal
and observatory,

1.3. Environmental Management Plans

Major activities associated with the project are construction and operation of the civil
interventions, barge movement and maintenance Dredging/Removal of Hard Strata. Barge
movement and maintenance Dredging/Removal of Hard Strata will be carried out during the
operation phase of the project only whereas development of civil interventions will have
components distributed during design, construction and operation phases. Civil interventions
include construction of jetties, terminals, river training works, bend corrections, barge
maintenance facilities, and RO-RO jetties. A detailed environmental management plan for
each associated development for all the three phases of the project, i.e. design/pre-
construction, construction and operation phase is prepared as applicable. EMP lists the
activities involved, associated impact with each activity on environment, suggestive mitigation
measures, allocated environment budget for impact mitigation, implementation plan covering
monitoring, reporting and implementation and supervisory responsibility.

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Environmental Management Plan for Maintenance Dredging/Removal of Hard Strata

for hard strata Between Ghazipur and Varanasi near Saidpur
Maintenance Dredging/Removal of Hard Strata will be carried out during operation phase of
the project to maintain LAD for navigation. Maintenance Dredging/Removal of Hard Strata will
be carried out as per the availability of the depth naturally and depth required for movement of
the cargo depending on the size of the cargo planned to ply in the stretch. The design
consultant had made estimation of the required amount of maintenance Dredging/Removal of
Hard Strata in different stretch of the waterway. An analysis has been done during EIA study
to establish the environmental, biological and social sensitivity of the waterway. The
standalone Dredging/Removal of Hard Strata and dredge disposal management plans are
prepared for each of the identified stretch separately.
Hard strata Stretch between Ghazipur and Varanasi lies in the State of Uttar Pradesh and is
of 12km in length near Saidpur. It is planned to maintain LAD (assured depth) of 2.5 m and
channel width of 45m with respect to LWL of the last 10 years for 2 years and disposal of the
dredged material at designated location.
Dredging and Dredge Disposal Management Measures:
During dredging (construction) phase, suspended particulate matter will be the main
pollutant generated during the project activity due to operation of DG sets, dredger and other
equipment etc. The DG sets and barges used during the dredging activity shall emit the
pollutants by burning fuel (diesel). Further, as the major activity of the proposed project is
dredging of navigation channel, thus it may pose impacts on the water quality. The release of
organic rich sediments during dredging can cause the removal of oxygen from the surrounding
water.
A detailed Dredge Management Plan (DMP) shall also be prepared by the dredging contractor
to provides a framework for the management of potential impacts for the duration of the
dredging. The Dredge Management Plan should consist appropriate measures:
▪ To minimise, monitor and manage water quality impacts attributable to dredging
operations,
▪ To avoid or minimise adverse impacts on river flora and fauna during dredging
operations.
▪ To identify and adopt best practice management practices for the following:
− handling and storage of all waste materials on the dredge vessel
− handling and management of fuel and wastewater transfer operations
− reducing the risk of translocation of organisms in ballast water or on the hull of the
dredge vessel
− minimising nuisance noise from the dredging on surrounding facilities, users and
visitors
− minimising air emissions produced during dredging operations and thereby minimise
potential effects on the airshed.
▪ To minimise the risk of an environmental incident occurring associated with the dredging
operations such as an oil spill, vessel collision or similar
▪ To ensure any cultural heritage requirements are observed.
Responsibilities of Dredge Contractor under the DMP:
The dredge contractor will be responsible for preparation of more detailed plans of operation
for the dredging, implementation of their environmental management systems, compliance
with all conditions of approval and monitoring and reporting of their activities back to the
proponent and/ or environmental agencies. Depending on the procurement model, the
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contractor may also undertake the detailed design and obtain approvals for specific project
components.
Selection of Dredge Disposal Site
The selection of land for disposal of dredged material should be done based on following
studies and aspects:
▪ Physical, chemical and geochemical characteristics (e.g. sediment quality criteria)
▪ Biological effects of the products of the dumping activity (impact on river ecosystems),
▪ Environmental effects that are specific to dumping of dredged material and are
considered undesirable outside and/or in close proximity to the designated dumping
sites;
▪ The contribution of dumping to already-existing local contaminant fluxes (flux criteria)

Further, the following studies should be conducted while identifying the location for
dredge disposal:
a. Topography Survey of the area.
b. Bathymetric surveys to define water depths in and around the dredging and disposal
site
c. Dispersion studies.
d. Hydrodynamic Modelling.
e. Studies of the sediments that have similar geochemical properties to those to be
dredged and/or to those of the disposal location.
f. Depending upon the natural variation in sediment geochemistry, it may be necessary to
develop individual sets of criteria for each area in which dredging or dumping is
conducted.

Method of disposal:
Disposal of heavily Contaminated Spoils (dredged material): All contaminated material from
the waterway will be deposited in the dredged area from the transport vessel in a normal disposal
fashion and upon completion of the disposal process the existing bed sediment that was
removed, will be used to cover the contaminated material and restore the site to its original
condition. This will effectively lock contaminated material in the sub-surface sedimentary layers
to avoid impacting local ecology.

Disposal of Marginally/Uncontaminated Spoils: Uncontaminated spoil will be deposited

across the disposal area to minimise the depth of new material and allow sediment dwelling
benthic organisms to recolonise by burrowing upwards through the new spoil from below. The
spoil material will be deposited in a blanket action as the ship slowly moves along above the
disposal site. Once deposition stops, hydrodynamic forces will restore the nature of the
sediments.

Site Remediation: The site will be restored post disposal of heavily contaminated spoil material
by covering with the existing bed material and subsequent re-colonisation. The contaminants
remaining in the sediment will stay locked in the sub-surface sedimentary layers after capping
with the remaining bed material.

In order to minimize alterations to benthic community structure, dredged material will be placed
so as to enable the resident organisms to migrate up through the deposited sediment. Spoil
material will be deposited as evenly as possible across the area via the slow moving vessel
above depositing the spoil in a blanket fashion. Recovery will be via vertical migration and
relatively rapid compared to planktonic settlement. The organic matter content of the spoil will
also be an added benefit for re-colonisation. Marginally and uncontaminated dredge spoil

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material will be deposited in this fashion in an effort to minimise disruption to the local aquatic
ecosystem and allow restoration as soon as possible.

Table 1.2: Dredging/Removal of Hard Strata and Disposal Management Plan for Stretch
between Ghazipur and Varanasi
Stretch/Dredging Biological, cultural, social Aquatic sensitivity Management Measures
Quantity & and religious Sensitivity Sensitive Breeding &
Quality/Proposed zone Spawning
Disposal Period and
Location grounds*
Stretch: Ghazipur Archaeological locations- Kashi Spawning During Dredging Activities:
to Varanasi Kardmeshwar Mahadeva Turtle season for River • Dredging should be
12 km stretch near Mandir (240 m, W), Ramnagar, Sanctuary Turtles: March- regulated during March to
saidpur fort (40 m, E), archaeological (within April April within sanctuary.
Hard strata Qty: excavation site, Varanasi (130 NW-1) Breeding & • DG sets will only be used
802585.53 Cum m, E) & Manmahal and Spawning during the emergency.
Soft Strata: observatory (40 m, W) grounds: • The full capacity of barges
278281.52 Cum Cultural locations: Ghats Wetlands/River will be utilized to avoid
Disposal Location: Fest & Festivals: Ganga banks extra trips which may
NA Mahotsav at Varanasi (Oct- cause increase in
Nov), Dhrupad Mela at Tulsi emissions.
Ghat of Varanasi (Feb to • The dredging contractor
March) & Chatt Pooja (Oct- shall ensure that the
Nov), Ganga snan during full dredging equipment and
moon days and eclipse. associated vessels
comply with all the
necessary requirements.
• It shall be ensured that
access to the project area
limit is maintained
throughout the dredging
program.
• It shall be ensured that
there are no discharges
from the dredging vessels
• It shall be ensured that
there are no sewage
discharges in the river.
• It shall be ensured that
litter and other wastes are
fully contained on all
barges and vessels
associated with dredging.
• Waste materials shall be
removed from barges and
vessels each day, and the
minimum required amount
of hydrocarbons shall be
kept on board.
• Any chemicals shall not be
carried on barges or
vessels associated with
dredging. Only fuel and
oils contained within
equipment shall be
carried.

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Stretch/Dredging Biological, cultural, social Aquatic sensitivity Management Measures

Quantity & and religious Sensitivity Sensitive Breeding &
Quality/Proposed zone Spawning
Disposal Period and
Location grounds*
• Spill kit suitable for small
to medium spills shall be
carried.
• Fishermen should be
notified prior to the
proposed dredge disposal
activity.
During Disposal:
• Dredge disposal should
not be carried out within
Sanctuary area and other
defined sensitive
locations.
• No dredge disposal to be
done in sanctuary area
• Adequate capacity should
be available at the
disposal location for the
quantity of the material to
be removed, taking into
account bulking factors
and water content.
• All necessary
environmental and
planning approvals should
be in place in relation to
dredge material disposal.
• Routine monitoring of
water quality should be
carried out at the
upstream and
downstream of the
disposal areas.
• Testing of dredged
material (to be disposed)
should be undertaken on
regular basis
• Dredge disposal should be
carried out at minimum
distance of 100 m from
bank
• Dredging & disposal
should not be carried out
during time & location of
festivals& ghats.
• Construction of
Perimeter bund:
Perimeter bund can be
constructed around the
disposal sites as an
effective way in managing
sediment plume. The
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Stretch/Dredging Biological, cultural, social Aquatic sensitivity Management Measures

Quantity & and religious Sensitivity Sensitive Breeding &
Quality/Proposed zone Spawning
Disposal Period and
Location grounds*
perimeter bund will act as
a physical barrier in
filtering the fine material
suspended in the water
column generated during
filling process, from
dispersing to the
surrounding area.

1.4. Environment Monitoring Plan

An Environment Monitoring Plan (included as Table 1.4) is prepared to monitor the
effectiveness of mitigation measures proposed and environmental conditions during
Dredging/Removal of Hard Strata and post Dredging/Removal of Hard Strata activities.
1.5. Environment Health and Safety Cell
It is essential to establish environment health and safety cell for the project by contractor to
ensure the health & safety of workers and environmental management of impacted area
through effective implementation of EMP. Qualified and experienced EHS (Environment,
Health and Safety) specialist shall be considered to man the cell who shall ensure the effective
implementation of the environment management plan.
1.6. Reporting Requirements:
It is required that contractor will submit quarterly compliance report to Project Management
Consultants (PMC) as well as to PMU ( Project Management Unit) of IWAI. PMC will analyze
the report and notify the corrective action if any required to contractor under intimation to IWAI.

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*Map Showing locations of breeding & spawning grounds between Ghazipur and Varanasi is given in Figure
1.2(Patna to Allahabad)

FIG1.2 : Fish Breeding and Spawning Grounds along NW-1 (Patna to Allahabad Stretch)

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Table 1.3 : Environmental Management Plan for Maintenance Dredging/Removal of Hard

Strata
Environmental Issue Remedial Measures Referenc Time Institutional
/Component e to laws Responsibility
and Frame Impleme Supervisio
Contract ntation n
Documen
ts
1. Physical Environment

Impact on Soil quality • Standards practises for the disposal Water During Contracto IWAI/PMU
& River Bed of dredged material should be Act, 1974 Dredging/ r /PMC24
sediments adopted in accordance with the Removal
of Hard
• Generation of guidelines issued by MOPSW.
Strata
dredged material. Operation
• Dredged material shall be checked for
toxicity and contamination prior to its
disposal for prevention of
contamination of water and its
impacts on aquatic life. International
standards: criteria for onshore & off-
shore disposal of dredged material
are given at Annexure 1.1.

• Onshore disposal of dredge material

shall be done after draining of water
from the dredged Material.

• If dredge material is found

contaminated at any particular
location, then it should be disposed on
land after decontamination. Onland
disposal of dredged material should
be carried out only at approved TSDF
site. The contaminated dredge
material shall be collected in the leak
proof container for decontamination
and disposal to the landfill site.

• Material from hard strata removal

should be disposed on river banks.
Disposal shall be done in such a
manner that it has the minimum
impact on the river ecology.

• Disposal should be in line with the

Dredging/Removal of Hard Strata
sensitivity analysis defined at Table
1.1.

24
It is proposed to set up Project Management Unit (PMU) in IWAI to manage social and environmental aspect of NW1
augmentation. PMC (Project Management Consultants) anticipated to be appointed for project management and
quality check.
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Environmental Issue Remedial Measures Referenc Time Institutional

/Component e to laws Responsibility
and Frame Impleme Supervisio
Contract ntation n
Documen
ts
• Disposal of the material from the
removal of hard strata should be
exercised as per the
Dredging/Removal of Hard Strata and
Disposal Management Plan for NW-1
given at Table 1.2 above.

• If dredged material (mix of sand and

hard material) is disposed at land,
then the care should be taken that the
tail water is collected and made free
from sediments prior its discharge
back to surface water body.

Water Quality • Attempt shall be made to minimise Water During Contracto IWAI/PMU
and optimizing the dredging Act, 1974 Dredging/ r /PMC25
• Increase in turbidity Removal
of river water requirements by effective assessment
of Hard
downstream of and study of the Thalweg profiles of
Strata
Dredging/Removal the river. This can be achieved by Operation
of Hard Strata adopting some of the following
sites. measures:

• Deposition of o Increase use of bandalling which

crushed stone helps in diverting the flow of river
material on the towards the channel and reduces
surface of water. the quantity of dredging.

• Contamination due o Low draft vessels should be

to leaching of toxic deployed which will reduce the
material. requirement of dredging.
• Spillage of oil and
• Dredged material shall be checked for
Greece from
toxicity and contamination prior its
Dredging/Removal
disposal onshore for prevention of
of Hard Strata
contamination of water and its
machineries/equip
impacts on aquatic life. (Reference
ment
shall be made to International criteria
• Contamination of for onshore & off-shore disposal of
surface water due dredged material given at Annexure
to disposal of 1.1).
waste from
dredgers. • Threshold level of turbidity, which has
a minimal effect of fauna, has to be
predetermined and

25
It is proposed to set up Project Management Unit (PMU) in IWAI to manage social and environmental aspect of NW1
augmentation. PMC (Project Management Consultants) anticipated to be appointed for project management and
quality check.
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Dredging/Removal of Hard Strata
planned accordingly.
• Usage of silt or air bubble
screens/curtains should be explored
to minimize the sediment release
during Dredging/Removal of Hard
Strata operations. Silt/air bubble
screens can hang from surface floats
or stands attached to the bottom and
held upright by sub-surface floats
(PIANC). (The use of silt curtains is
reported to considerably reduce the
loss of suspended sediments from the
dredge area, by up to 75% where
current velocities are very low.
However, they are generally
ineffective in areas with high current
velocities which exceed 0.5 m/s)

• To minimize the sediment dispersal

during disposal of dredge sediments,
it should be placed as close to the bed
possible preferable at a level of 1m
above the bed to minimise the
dispersal of sediments.

• Provision shall be made of emergency

response equipment like floating
blooms to deal with any emergency of
oil spills or leakages. Regular
servicing and maintenance of
dredgers/ excavation equipment
should be taken. Leakage detection of
the sediment transportation pipe shall
be carried out regularly to prevent any
sediment loss and water pollution at
leakage location. Corrective actions
should be taken immediately after
detection of such leaks.

• Cutter head of CSD should be

selected according to material to be
dredged so as to maximize the
dredged material transport from
Dredging point to suction mouth and

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prevention of sediment loss and re-
suspension.

• Ratio of cutter revolutions and pump

velocity should be adjusted to ensure
that cutter advancement rate is not
greater than the ability of the suction
pump to remove the material that is
cut. This will prevent the suspension
of the dredged material.

• Dredge cuts and lifts should be

designed so as to prevent
undercutting of material and hence a
collapse of material locally at the
cutter head, leading to an increase in
the sediment being disturbed by
Dredging/Removal of Hard Strata.

• If dredge material is found

contaminated at any particular
location than it should be disposed
off-shore. Off-shore disposal of
dredged material should be carried
out only at approved TSDF site.

• Disposal of the material from the

removal of hard strata should be
exercised as per the
Dredging/Removal of Hard Strata and
Disposal Management Plan for NW-1
given at Table 1.2 above.

• If dredged material (mix of sand and

hard material) is disposed at land,
then the care should be taken that the
tail water is collected and made free
from sediments prior its discharge
back to surface water body.

• Disposal of dredged hard strata

material shall be done on river banks.

• Dredger should not discharge any

waste or oil or domestic waste to river.
It should work on zero discharge
concept (excluding the water suction
and dredge disposal aspects). Mobile

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toilet and bath station equipped with
anaerobic digestion facility shall be
provided for workers and staff
involved in Dredging/Removal of Hard
Strata operations at each of
Dredging/Removal of Hard Strata
locations.

Air Quality • The vehicles shall be maintained in Air During Contracto IWAI/P
• Emission from (preventi Dredging/ M
good conditions. r
Dredging/Removal on and Removal U/PMC4
of Hard Strata • The speed of the vehicles will be control of of Hard
maintained uniformly. pollution) Strata
equipment/machin
act,
eries 1981,
• PUC certified vehicles/ machineries
EPA
shall be used.
1986
• Over loading will be avoided.

• Personal Protective Equipment’s like

dust mask, ear plugs, ear muffs etc.
should be provided to the persons/
workers.

• Regular monitoring and analysis will

be carried out through collection of air
samples from strategic monitoring
sites.

• Dredgers/machineries should be
equipped with adequate stack height.
It should use low Sulphur diesel fuel
for the engine operations.
Noise Environment • The noise levels from Noise During Contracto IWAI/P
quality pollution Dredging/ M
Dredging/Removal of Hard Strata r
activities are periodical and restrict to (regulatio Removal U/PMC4
n and of Hard
particular operation.
control) Strata
rules,
• Noise generated by
2000,
Dredging/Removal of Hard Strata EPA
equipment will be intermittent and 1986
localized.

• Proper maintenance of all equipment/

machines and vehicles will be carried
out which help in reducing noise
during operations.

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• Blasting shall not be allowed.

• Personal Protective Equipment

(PPE’s) should be provided while
working on Dredging/Removal of
Hard Strata equipment.

• Regular health checkup will be

conducted for any such health
implications.

• Periodical monitoring of ambient

noise level shall be done.

• All moving parts are properly

lubricated; and Non-moving parts are
properly fastened.

• Cofferdam developed around the

hard strata dredging site will act as a
barrier for the noise and vibration
transmitted from the activities of hard
strata removal.

2. Biological Environment
• Dredging/ removal of hard strata plan Wildlife During Contracto IWAI/PMU
• Aquatic Ecology- Protectio Dredging/
including timeframe should be r /PMC
Removal of benthic n Act, Removal
prepared for each stretch prior to
communities, 1972 & of Hard
initiating Dredging/Removal of Hard
increasing 1993 and Strata
Strata activity. Bio-
underwater noise
levels, increasing • Dredging/Removal of Hard Strata diversity
Act, 2002
sediments/turbidity operations should not be carried out
, release of locked during the breeding and spawning
pollutants in season of the valued aquatic species
sediment, disposal which is from June to September
of dredged (Monsoon season). Bends and
material, meandering locations are the most
increasing depth potential breeding grounds as given
• Construction of at Fig 1.2 above.
coffer dam may
• Dredgers should be provided with
obstruct the free
dolphin deflectors. This will help in
movement of
preventing the sucking of fish
aquatic species.
swimming nearby.
• Disturbance in
navigation and • Dredging/Removal of Hard Strata
mating activities of operation should be stopped if any
aquatic Schedule-I fauna is seen
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aquatic species near the Dredging/Removal of Hard
due to noise and Strata site and the work should be
vibration. restarted accordingly so that no harm
is caused due to the noise of the
Dredging/Removal of Hard Strata
operation.

• While construction coffer dam

precautions should be taken so that
no schedule-I aquatic species should
be harmed.

• Proper passes should be provided for

the free movement of aquatic species
while constructing the coffer dam and
Dredging/Removal of Hard Strata
activities.

• Measures like provision of bubble

curtains or creation of agitation in
water should be carried out prior to
carrying out Dredging/Removal of
Hard Strata operations so as to
provide avoidance time and let the
species move away from drudging
point and to prevent any
injury/mortality. Dredging/Removal of
Hard Strata operations should be
halted in case of sighting of aquatic
mammal in adjoin locations.

• Contractors should submit SOPs and

action time chart with risk
management plan prior to any
Dredging/Removal of Hard Strata
work. Dredging Strata contractor
should follow the defined safety
procedures to avoid accidents and
spills, and IWAI should ensure that
other vessel users are provided with
adequate information and instruction
to avoid conflict with the dredgers.
• Care should be taken in deciding the
location for the disposal of dredged
material. Disposal shall be done in

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such a manner that it has the
minimum impact on the river ecology.
• Proper measures shall be taken to
minimize the noise generation from
the Dredging/Removal of Hard Strata
operations like: regular maintenance
of the machineries/ equipment.
Avifauna (Migratory • Dredging/Removal of Hard Strata Wildlife During Contracto IWAI/PMU
&water birds) operations should be restricted to day Protectio Dredging/ r /PMC
time only, i.e. 6:00 Am-10:00 Pm only n Act, Removal
1972 & of Hard
to minimize noise impacts on the
1993 and Strata
avifauna. Bio-
diversity
• Dredgers should be equipped with the Act, 2002
noise reduction/masking equipment
to reduce the noise generation inside
and outside water. Noise from
dredgers can be reduced at source
(dredger) by isolation of exhaust
system, by keeping engine room
doors shut and by shielding.

3. Socio- Economic Environment

Location of Socio- • Dredging/Removal of Hard Strata -- During Contracto IWAI/PMU

economic operations should be restricted to day Dredging/ r /PMC
importance and time only, i.e. 6:00 Am-10:00 Pm only Removal
socio-economic of Hard
to minimize noise impacts on the
environment Strata
residents of nearby settlements. operation
Dredgers should be equipped with the
noise reduction/masking equipment
to reduce the noise generation

• Dredgers should be placed in

consultation with the fishermen so as
to minimize the impact on their
equipment/gears and their fishing
activities

• Dredging/Removal of Hard Strata

location should be away from bathing
shelter being constructed for the
women under this project. Dredge
material should not be disposed close
to these bathing shelters.

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• Dredging/Removal of Hard Strata
should not be carried out in the areas
close to Ghats and buffer of 2 km
should be maintained for
Dredging/Removal of Hard Strata
during time of religious gatherings
during Chat and other important
religious river related festivals.

• In case contaminated dredged

material is disposed on land, then it
should be disposed at approved
TSDF sites to prevent any harm to
community residing in nearby areas.

• Material to be disposed on land may

create nuisance odour due to
exposure of anaerobic sediments with
air. Thus if land disposal is involved
then disposal site should not be in
upwind direction of any settlement
area or sensitive locations like
hospitals, schools etc.

• Post-Dredging/Removal of Hard
Strata monitoring of the sediment
nature and rate of sedimentation shall
be done by the contractor. This
analysis output should be reviewed
and Dredging/Removal of Hard Strata
plan should be improved as may be
required before start of next round of
maintenance dredge.

• Usage for bank protection

purpose/flood protection.

Safety of workers • Contractor should provide adequate -- During Contracto IWAI/PMU

and community safety training to each worker Dredging/ r /PMC
involved. Workers should also be Removal
of Hard
provided with requisite PPE (such as
Strata
ear muffs, hand gloves, safety boots, operation
floats).

• Log book should be maintained for

recording the accidents at
site/mortality of the any marine

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mammal should be maintained.
Analysis shall be carried out to assess
the reason for the accident/mortality
and measures should be taken to
prevent repetition of the event.

• Contractors having experience of

Dredging/Removal of Hard Strata
/cofferdam construction and well
trained staff should only be allowed to
carry out Dredging/Removal of Hard
Strata. This will help in prevention of
spillage of dredged material or any
accidents during the
Dredging/Removal of Hard Strata
operations

• Contractors should submit method

statement & risk assessment and
Safety management plan prior to
carrying out any Dredging/Removal of
Hard Strata work. Dredger should
follow the defined safety procedures
to avoid accidents and spills, and
IWAI should ensure that other vessel
users are provided with adequate
information and instruction to avoid
conflict with the dredgers.

• Dredging/Removal of Hard Strata

plan should be prepared by contractor
and submitted to IWAI for approval
prior to carrying out
Dredging/Removal of Hard Strata
operations. Dredging/Removal of
Hard Strata plan should be reviewed
considering its location w.r.t
environmental sensitive
locations/archaeological
locations/cultural festival/pollution
influx in the area/dredged material
quality & texture/available depth etc..

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Table1.4 :Environmental Monitoring Plan

Sr. No. Aspect Paramet No. of Sampling Locations & Standard methods for sampling Role & Responsibility
ers to be Frequency and analysis Implementati Supervision
monitore on
d
1. Air Quality PM10, 2 locations within 100 m ▪ Fine Particulate Samplers for Contractor IWAI & PMC
(Ambient PM2.5, and 500 m of dredger PM2.5
Air Quality) SO2, location with frequency of
NO2, once in month ▪
at Respirable Dust Sampler
HC and Dredging/Removal of Hard fitted PM10
CO Strata location
▪ Respirable Dust Sampler
fitted with Gaseous smapling
arrangements for SO2 and
NO2, CO analyser / portable
CO meter for CO portable HC
meter or tubes for HC; TO-
14A, TO-15, USEPA method
for sampling and analysis of
VOCs in ambient air

2. Surface Physica 3 locations including Grab sampling and analysis Contractor IWAI & PMC
Water l, Dredging location, 100 m by using standard methods
Quality chemic and 500 m downstream of
al and the Dredging/Removal of
biologic Hard Strata location with
al frequency of once per
parame month for all
ters Physical, chemical and
biological parameters.
In addition Pre and post
monitoring should be
conducted at the location of
cofferdam construction.
3. Drinking Physica Physical, chemical and Grab sampling and analysis Contractor IWAI & PMC
Water l, biological parameters for by using standard methods
Quality chemic drinking water provided to
al and the employee and labour
biologic
al
parame
ters
4. Noise Day 2 location including at Noise meter Contractor IWAI & PMC
Level time distance of 10 m and 100 m
and of dredger location
night frequency for once in
time month.
noise
level
(max,
min &
Leq
levels)

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5. Dredged For Dredged material samples- -- Contractor IWAI & PMC

soil heavy two samples from each
metal, location.
pesticid
e &
insectici
de
contami
nation
6. Visual Proper All throughout dredge -- Contractor IWAI & PMC
checks for disposa disposal works
safe and l as
hygienic mention
disposal of ed in
the EMP
sediments
7. Aquatic Phytopl Pre and post monitoring Plankton net of diameter of Contractor IWAI & PMC
ecology ankton, should be conducted at the 0.35m, No. 25 mesh size 63
Zooplan location of cofferdam and analysis by using
standard method.
kton construction.
8. Aquatic Big All throughout dredge Register maintenance for Contractor IWAI & PMC
ecology fishes, disposal works accidents
dolphin
s,
turtles
etc
dead or
collided
during
Dredgin
g/Remo
val of
Hard
Strata
operatio
n

Annexure 1.1: Standards for onshore & off-shore disposal of dredged material

Criteria for Disposal of Harmful Bottom Sediments: No specific standards are defined in India for
disposal of dredged material. If dredged material is toxic / harmful then these sediments should either
be disposed off in landfill or in Sea. Criteria followed in Japan are given in the Table 1.

Table 1: Criteria for Harmful Bottom Sediments, Japan (unit: mg/l)

Contaminated Material Dumping in Landfills (mg/l) Dumping at sea (mg/l)

Alkyl mercuric compounds Not detectable Not detectable

Mercury and its compounds 0.005 0.005
Cadmium and its compounds 0.1 0.1
Lead and its compounds 1 1
Organophosphorus compounds 1 1
Chromium (VI) compounds 0.5 0.5
Arsenic and its compounds 0.5 0.5

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Cyanogen compounds 1 1
PCB 0.003 0.003
Copper and its compounds - 3
Zinc and its compounds - 5
Fluoride - 15
Note: Criteria are based on the examination of dissolution of contaminated materials

Source: Assessment of the Environmental Impact of Port Development, United Nations, New York, 1992

Criteria for Off-shore dumping of Dredged material: No criteria are defined for off-shore disposal
of dredged material in India, thus reference to the UN standards can be made and is given in Table
2.

Table 2: Criteria for Off-Shore Dumping of Dredged Material (unit: ppm or ppb)
Substance Canada USA
PCB (ppb) 100 380
Hg (ppm) 0.5 0.15
Cd (ppm) 0.60 0.7
Zn (ppm) 169 105
Cu (ppm) 45 68
As (ppm) (5 – 25) 12.5
Pb (ppm) 45 33
Organochlorine pesticide (ppb) 10 5.0
for any compound Sum of DDT, DDE and DDD
Polyaromatic hydrocarbon (ppb) (1,000) Sum of 16 compounds 680
Sum of six low mol. Wt.
compounds
2,690
Sum of 10 high mol. Wt.
compounds
Source: Assessment of the Environmental Impact of Port Development, United Nations, New York, 1992

*********

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PART 3 – Conditions of Contract and Contract Forms

Section VIII General Conditions of Contract
Table of Clauses
A. General .................................................................................................................................
1. Definitions .......................................................................................................................
2. Interpretation ...................................................................................................................
3. Language and Law ..........................................................................................................
4. Project Manager’s Decisions ...........................................................................................
5. Delegation .......................................................................................................................
6. Communications..............................................................................................................
7. Subcontracting .................................................................................................................
8. Other Contractors ............................................................................................................
9. Personnel and Equipment ................................................................................................
Compliance with Labour Regulations .............................................................................
10. Employer’s and Contractor’s Risks.................................................................................
11. Employer’s Risks ............................................................................................................
12. Contractor’s Risks ...........................................................................................................
13. Insurance .........................................................................................................................
14. Site Data ..........................................................................................................................
15. Contractor to Construct the Works including protection of environment, and
assurance of public health and safety .............................................................................
16 The Works to Be Completed by the Intended Completion Date .....................................
17 Approval by the Project Manager ...................................................................................
18 Safety ....... ………………………………………………………………………………
19 Discoveries ......................................................................................................................
20 Possession of the Site ......................................................................................................
21 Access to the Site ............................................................................................................
22 Instructions, Inspections and Audits ...............................................................................
23 Appointment of the Adjudicator .....................................................................................
24 Procedure for Disputes ....................................................................................................
25. Corrupt And Fraudulent Practices ...................................................................................

B. Time Control ........................................................................................................................

26 Program ...........................................................................................................................
27. Extension of the Intended Completion Date ...................................................................
28. Acceleration ..........................................................................................................................
29. Delays Ordered by the Project Manager ...............................................................................
30. Management Meetings ..........................................................................................................
31. Early Warning .......................................................................................................................

C. Quality Control ....................................................................................................................

32. Quality Assurance .................................................................................................................
33. Tests .............. ………………………………………………………………………………
34. Identifying and Correction of Defects ...................................................................................
35. Uncorrected Defects ..............................................................................................................

D. Cost Control .........................................................................................................................

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36. Contract Price ........................................................................................................................

37. Changes in the Contract Price ...............................................................................................
38. Variations ..............................................................................................................................
39. Cash Flow Forecasts..............................................................................................................
40. Payment Certificates .............................................................................................................
41. Payments ...... ……………………………………………………………………………….
42. Compensation Events ............................................................................................................
43. Tax ................. ………………………………………………………………………………
44. Currencies..............................................................................................................................
45. Price Adjustment ...................................................................................................................
46. Retention ...... ……………………………………………………………………………….
47. Liquidated Damages ..............................................................................................................
48. Bonus ............ ……………………………………………………………………………….
49. Advance Payment ..................................................................................................................
Secured Advances ................................................................................................................
50. Securities…….. .....................................................................................................................
51. Dayworks ..... ……………………………………………………………………………..
52. Cost of Repairs ......................................................................................................................

E. Finishing the Contract.........................................................................................................

53. Completion ............................................................................................................................
54. Taking Over...........................................................................................................................
55. Final Account ........................................................................................................................
56. Operating and Maintenance Manuals ....................................................................................
57. Termination ...........................................................................................................................
58. Payment upon Termination ...................................................................................................
59. Property ......... ………………………………………………………………………………
60. Release from Performance ....................................................................................................
61. Suspension of Bank Loan or Credit ......................................................................................

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General Conditions of Contract

A. General
1. Definitions 1.1 Boldface type is used to identify defined terms.
(a) The Accepted Contract Amount means the amount
accepted in the Letter of Acceptance for the execution and
completion of the Works and the remedying of any
defects.
(b) Not used.
(c) The Adjudicator is the person appointed jointly by the
Employer and the Contractor to resolve disputes in the
first instance, as provided for in GCC 23.
(d) Bank means the financing institution named in the PCC.
(e) Bill of Quantities means the priced and completed Bill of
Quantities forming part of the Bid.
(f) Compensation Events are those defined in GCC Clause
42 hereunder.
(g) The Completion Date is the date of completion of the
Works as certified by the Project Manager, in accordance
with GCC Sub-Clause 53.1.
(h) The Contract is the Contract between the Employer and
the Contractor to execute, complete, and maintain the
Works. It consists of the documents listed in GCC Sub-
Clause 2.3 below.
(i) The Contractor is the party whose Bid to carry out the
Works has been accepted by the Employer.
(j) The Contractor’s Bid is the completed bidding document
submitted by the Contractor to the Employer.
(k) The Contract Price is the Accepted Contract Amount
stated in the Letter of Acceptance and thereafter as
adjusted in accordance with the Contract.
(l) Days are calendar days; months are calendar months.
(m) Not used.
(n) A Defect is any part of the Works not completed in
accordance with the Contract.
(o) The Defects Liability Certificate is the certificate issued
by Project Manager upon correction of defects by the
Contractor.

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(p) The Defects Liability Period is the period named in the

PCC pursuant to Sub-Clause 34.3 and calculated from the
Completion Date.
(q) Drawings means the drawings of the Works, as included
in the Contract, and any additional and modified drawings
issued by (or on behalf of) the Employer in accordance
with the Contract, include calculations and other
information provided or approved by the Project Manager
for the execution of the Contract.
(r) The Employer is the party who employs the Contractor to
carry out the Works, as specified in the PCC.
(s) Equipment is the Contractor’s machinery and vehicles
brought temporarily to the Site to construct the Works.
(t) “In writing” or “written” means hand-written, type-
written, printed or electronically made, and resulting in a
permanent record;
(u) The Initial Contract Price is the Contract Price listed in
the Employer’s Letter of Acceptance.
(v) The Intended Completion Date is the date on which it is
intended that the Contractor shall complete the Works.
The Intended Completion Date is specified in the PCC.
The Intended Completion Date may be revised only by
the Project Manager by issuing an extension of time or an
acceleration order.
(w) Materials are all supplies, including consumables, used by
the Contractor for incorporation in the Works.
(x) Plant is any integral part of the Works that shall have a
mechanical, electrical, chemical, or biological function.
(y) The Project Manager is the person named in the PCC (or
any other competent person appointed by the Employer
and notified to the Contractor, to act in replacement of the
Project Manager) who is responsible for supervising the
execution of the Works and administering the Contract.
(z) PCC means Particular Conditions of Contract.
(aa) The Site is the area defined as such in the PCC.
(bb) Site Investigation Reports are those that were included in
the bidding documents and are factual and interpretative
reports about the surface and subsurface conditions at the
Site.

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(cc) Specification means the Specification of the Works

included in the Contract and any modification or addition
made or approved by the Project Manager.
(dd) The Start Date is given in the PCC. It is the latest date
when the Contractor shall commence execution of the
Works. It does not necessarily coincide with any of the
Site Possession Dates.
(ee) A Subcontractor is a person or corporate body who has a
Contract with the Contractor to carry out a part of the
work in the Contract, which includes work on the Site.
(ff) Temporary Works are works designed, constructed,
installed, and removed by the Contractor that are needed
for construction or installation of the Works.
(gg) A Variation is an instruction given by the Project Manager
which varies the Works.
(hh) The Works are what the Contract requires the Contractor
to construct, install, and turn over to the Employer, as
defined in the PCC.
2. Interpretation 2.1 In interpreting these GCC, words indicating one gender include all
genders. Words indicating the singular also include the plural and
words indicating the plural also include the singular. Headings
have no significance. Words have their normal meaning under
the language of the Contract unless specifically defined. The
Project Manager shall provide instructions clarifying queries
about these GCC.
2.2 If sectional completion is specified in the PCC, references in the
GCC to the Works, the Completion Date, and the Intended
Completion Date apply to any Section of the Works (other than
references to the Completion Date and Intended Completion Date
for the whole of the Works).
2.3 The documents forming the Contract shall be interpreted in the
following order of priority:
(a) Agreement,
(b) Letter of Acceptance,
(c) Contractor’s Bid & Priced Bill of Quantities,
(d) Particular Conditions of Contract,
(e) General Conditions of Contract including Appendices,
(f) Specifications,

(g) Drawings,

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(h) Joint Venture Agreement [where applicable], and

(i) any other document listed in the PCC as forming part of

the Contract.

3. Language 3.1 The language of the Contract and the law governing the Contract
and Law are stated in the PCC.

Salient features of major labour and other laws that are applicable
to construction industry in India are given as Appendix 1 to these
General Conditions of Contract.

3.2 Throughout the execution of the Contract, the Contractor shall

comply with the import of goods and services prohibitions in
India when

(a) as a matter of law or official regulations, India prohibits

commercial relations with that country; or

(b) by an act of compliance with a decision of the United Nations

Security Council taken under Chapter VII of the Charter of the
United Nations, India prohibits any import of goods from that
country or any payments to any country, person, or entity in that
country.

4. Project 4.1 Except where otherwise specifically stated, the Project Manager
Manager’s shall decide contractual matters between the Employer and the
Decisions Contractor in the role representing the Employer.

However, if the Project Manager is required, under the rules and

regulations and orders of the Employer, to obtain approval of
some other authorities for specific actions, he will so obtain the
approval. Provided further that any requisite approval shall be
deemed to have been given by the Employer for any such
authority exercised by the Project Manager.

5. Delegation 5.1 Unless otherwise specified in the PCC, the Project Manager may
delegate any of his duties and responsibilities to other people,
except to the Adjudicator, after notifying the Contractor, and may
revoke any delegation after notifying the Contractor.

6. Communica- 6.1 Communications between parties that are referred to in the

tions Conditions shall be effective only when in writing. A notice shall
be effective only when it is delivered. All oral instructions shall
be confirmed in writing in seven working days.

7. Subcontracting 7.1 The Contractor may subcontract with the approval of the Project
Manager up to a ceiling specified in PCC, but may not assign the
Contract without the approval of the Employer in writing.
Subcontracting shall not alter the Contractor’s obligations.

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7.2 The Project Manager should satisfy himself before

recommending to the Employer whether:

a) the circumstances warrant such sub-contracting; and,

b) the sub-Contractor so proposed for the Work possesses

the experience, qualifications and equipment necessary
for the job proposed to be entrusted to him in proportion
to the quantum of Works to be sub-contracted.

7.3 If payments are proposed to be made directly to that sub-

contractor, this should be subject to specific authorization by the
prime contractor so that his arrangement does not alter the
contractor’s liability or obligations under the contract.

7.4 The Contractor shall not be required to obtain any consent from
the Employer for:

(a) the sub-contracting of any part of the Works for which

the Sub-Contractor is already named in the contract;

(b) the provision for labour, or labour component, and,

(c) the purchase of materials which are in accordance with

the standards specified in the contract.
(Note: 1. All bidders are expected to indicate clearly in the bid, if they proposed sub-
contracting elements of the works amounting to more than 10 percent of the
Bid Price. For each such proposal the qualification and the experience of
the identified sub-contractor in the relevant field should be furnished along
with the bid to enable the Employer to satisfy himself about their
qualifications before agreeing for such sub-contracting and include it in the
contract. In view of the above, normally no additional sub-contracting
should arise during execution of the contract.

2. However, [a] sub-contracting for certain specialized elements of the work

is not unusual and acceptable for carrying out the works more effectively;
but vertical splitting of the works for sub-contracting is not acceptable. [b]
in any case, proposal for sub-contracting in addition to what was specified
in bid and stated in contract agreement will not be acceptable if the value of
such additional sub-contracting exceeds 25% of value of work which was to
be executed by Contractor without sub-contracting.

3. Assignment of the contract may be acceptable only under exceptional

circumstances such as insolvencies/liquidation or merger of companies etc.)

8. Other 8.1 The Contractor shall cooperate and share the Site with other
Contractors contractors, public authorities, utilities, and the Employer
between the dates given in the Schedule of Other Contractors, as
referred to in the PCC. The Contractor shall also provide
facilities and services for them as described in the Schedule. The
Employer may modify the Schedule of Other Contractors, and
shall notify the Contractor of any such modification.

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9. Personnel and 9.1 The Contractor shall employ the key personnel and use the
Equipment equipment identified in its Bid and referred to in the PCC, to
carry out the Works or other personnel and equipment approved
by the Project Manager. The Project Manager shall approve any
proposed replacement of key personnel and equipment only if
their relevant qualifications or characteristics are substantially
equal to or better than those proposed in the Bid.
9.2 The Project Manager may require the Contractor to remove from
the Site of Works, a member of the Contractor’s staff or his work
force, who:
(a) persists in any misconduct or lack of care,
(b) carries out duties incompetently or negligently,
(c) fails to conform with any provisions of the Contract, or
(d) persists in any conduct which is prejudicial to safety,
health, or the protection of the environment.
9.3 If the Employer, Project Manager or Contractor determines, that
any employee of the Contractor be determined to have engaged
in corrupt, fraudulent, collusive, coercive, or obstructive practice
during the execution of the Works, then that employee shall be
removed in accordance with Clause 9.2 above
9.4 In all the above cases, the contractor shall ensure that the person
leaves the site within seven days and has no further connection
with the work in the contract. The Contractor shall appoint a
suitable replacement within 28 days or earlier as may be agreed
to between the Project manager and the Contractor.
9.5 The Contractor shall not employ any retired Gazetted officer
who has either not completed two years after the date of retirement or
has not obtained permission from the Government authorities for
employment with the Contractor26.

9.6 The Contractor shall, unless otherwise provided in the Contract,

make his own arrangements for the engagement of all staff and
labour, local or other, and for their payment, housing, feeding and
transport. The Contractor shall, if required by the Project
Manager, deliver to the Project Manager a return in detail, in such
form and at such intervals as the Project Manager may prescribe,
showing the staff and the numbers of the several classes of labour

26
Based on Government Directives.
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from time to time employed by the Contractor on the Site and

such other information as the Project Manager may require.
Compliance with
Labour 9.7 During continuance of the Contract, the Contractor and his Sub-
Regulations Contractors shall abide at all times by all existing labour
enactments and rules made there under, regulations, notifications
and bye laws of the State or Central Government or local
authority and any other labour laws (including rules), regulations,
bye laws that may be passed or notification that may be issued
under any labour law prevailing on the Base Date either by the
State or the Central Government or the local authority. The
Contractor shall keep the Employer indemnified in case any
action is taken against the Employer by the competent authority
on account of contraventions including amendments. If the
Employer is caused to pay or reimburse, such amounts as may be
necessary to cause or observe, or for non-observance of the
provisions stipulated in the notifications/bye
laws/Acts/Rules/regulations including amendments, if any, on
the part of the Contractor, the Project Manager/ Employer shall
have the right to deduct any money due to the Contractor
including his amount of performance security and if applicable,
the Environmental and Social (ES) Performance Security. The
Employer/ Project Manager shall also have right to recover from
the Contractor any sum required or estimated to be required for
making good the loss or damage suffered by the Employer.
9.8 The employees of the Contractor and the Sub-Contractor in no
case shall be treated as the employees of the Employer at any
point of time.
9.9 The Contractor shall duly comply with the provisions of the
Apprentices Act 1961 (III of 1961) and the rules made there
under, and comply, failure or neglect to shall be subject to all
liabilities and penalties provided in the said Act and Rules.

10. Employer’s and 10.1 The Employer carries the risks which this Contract states are
Contractor’s Employer’s risks, and the Contractor carries the risks which this
Risks Contract states are Contractor’s risks.

11. Employer’s 11.1 From the Start Date until the Defects Liability Certificate has
Risks been issued, the following are Employer’s risks:
(a) The risk of personal injury, death, or loss of or damage to
property (excluding the Works, Plant, Materials, and
Equipment), which are due to
(i) use or occupation of the Site by the Works or for the
purpose of the Works, which is the unavoidable result
of the Works or

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(ii) negligence, breach of statutory duty, or interference

with any legal right by the Employer or by any person
employed by or contracted to him except the
Contractor.
(b) The risk of damage to the Works, Plant, Materials, and
Equipment to the extent that it is due to a fault of the
Employer or in the Employer’s design, or due to war or
radioactive contamination directly affecting the country
where the Works are to be executed.
11.2 From the Completion Date until the Defects Liability Certificate
has been issued, the risk of loss of or damage to the Works, Plant,
and Materials is an Employer’s risk except loss or damage due to
(a) a Defect which existed on the Completion Date,
(b) an event occurring before the Completion Date, which was
not itself an Employer’s risk, or
(c) the activities of the Contractor on the Site after the
Completion Date.

12. Contractor’s 12.1 From the Starting Date until the Defects Liability Certificate has
Risks been issued, the risks of personal injury, death, and loss of or
damage to property (including, without limitation, the Works,
Plant, Materials, and Equipment) which are not Employer’s risks
are Contractor’s risks.

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13. Insurance 13.1 The Contractor shall provide, in the joint names of the Employer
and the Contractor, insurance cover from the Start Date to the end
of the Defects Liability Period, in the amounts and deductibles
stated in the PCC for the following events which are due to the
Contractor’s risks:
(a) loss of or damage to the Works, Plant, and Materials [which
are incorporated in works];
(b) loss of or damage to Construction Equipment;
(c) loss of or damage to property (except the Works, Plant,
Materials, and Equipment) in connection with the Contract;
and
(d) personal injury or death.
13.2 Policies and certificates for insurance shall be delivered by the
Contractor to the Project Manager for the Project Manager’s
approval before the Start Date. All such insurance shall provide
for compensation to be payable in the types and proportions of
currencies required to rectify the loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and
certificates required, the Employer may effect the insurance
which the Contractor should have provided and recover the
premiums the Employer has paid from payments otherwise due
to the Contractor or, if no payment is due, the payment of the
premiums shall be a debt due.
13.4 Alterations to the terms of insurance shall not be made without
the approval of the Project Manager.
13.5 Both parties shall comply with any conditions of the insurance
policies.

14. Site Data 14.1 The Contractor shall be deemed to have examined any Site Data
referred to in the PCC, supplemented by any information
available to the Contractor.

15. Contractor to 15.1 The Contractor shall construct and install the Works in
Construct the accordance with the Specifications and Drawings and as per
Works instructions of Project Manager.
including
protection of 15.2.1 The Contractor shall take all reasonable steps to protect the
environment, environment on and off the Site and to avoid damage or
and nuisance to persons or to property of the public or others
assurance of resulting from pollution, noise or other cause arising as a
public health consequence of his methods of operation.
and safety
15.2.2 During continuance of the contract, the contractor and his sub-
contractors shall abide at all times by all existing enactments
on environmental protection and rules made thereunder,
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regulations, notifications and by-laws of the State or Central

Government, or local authorities and other law, bye-law,
regulations that may be passed or notification that may be
issued in this respect in future by the State or Central
Government or the local authority. Salient features of the
major laws are given in Appendix 1 to the General Conditions
of Contract.

16 The Works to 16.1 The Contractor may commence execution of the Works on the
Be Completed Start Date and shall carry out the Works in accordance with the
by the Intended Program submitted by the Contractor, as updated with the
Completion approval of the Project Manager, and complete them by the
Date Intended Completion Date.

17 Approval by 17.1 The Contractor shall submit Specifications and Drawings

the Project showing the proposed Temporary Works to the Project Manager,
Manager for his approval.
17.2 The Contractor shall be responsible for design of Temporary
Works.
17.3 The Project Manager’s approval shall not alter the Contractor’s
responsibility for design of the Temporary Works.
17.4 The Contractor shall obtain approval of third parties to the design
of the Temporary Works, where required.
17.5 All Drawings prepared by the Contractor for the execution of the
temporary or permanent Works, are subject to prior approval by
the Project Manager before this use.
18 Safety 18.1 The Contractor shall be responsible for the safety of all activities
on the Site.
19 Discoveries 19.1 Anything of historical or other interest or of significant value
unexpectedly discovered on the Site shall be the property of the
Employer. The Contractor shall notify the Project Manager of
such discoveries and carry out the Project Manager’s instructions
for dealing with them.
20 Possession of 20.1 The Employer shall give possession of all parts of the Site to the
the Site Contractor. If possession of a part is not given by the date stated
in the PCC, the Employer shall be deemed to have delayed the
start of the relevant activities, and this shall be a Compensation
Event.
21 Access to the 21.1 The Contractor shall allow the Project Manager and any person
Site authorized by the Project Manager access to the Site and to any
place where work in connection with the Contract is being carried
out or is intended to be carried out.

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22 Instructions, 22.1 The Contractor shall carry out all instructions of the Project
Inspections Manager which comply with the applicable laws where the Site
and Audits is located.
22.2 The Contractor shall keep, and shall make all reasonable efforts
to cause its Subcontractors and sub-consultants to keep, accurate
and systematic accounts and records in respect of the Works in
such form and details as will clearly identify relevant time
changes and costs.
22.3 The Contractor shall permit and shall cause its Subcontractors
and sub-consultants to permit, the Bank and/or persons
appointed by the Bank to inspect the Site and/or the accounts
and records relating to the performance of the Contract and the
submission of the bid, and to have such accounts and records
audited by auditors appointed by the Bank if requested by the
Bank. The Contractor’s and its Subcontractors’ and sub-
consultants’ attention is drawn to Sub-Clause 25.1 which
provides, inter alia, that acts intended to materially impede the
exercise of the Bank’s inspection and audit rights provided for
under Sub-Clause 22.2 constitute a prohibited practice subject
to contract termination (as well as to a determination of
ineligibility pursuant to the Bank’s prevailing sanctions
procedures).

23 Appointment of 23.1 The Adjudicator named in PCC shall be appointed jointly by

the Adjudicator the Employer and the Contractor, at the time of the Employer’s
issuance of the Letter of Acceptance. If, in the Letter of
Acceptance, the Employer does not agree on the appointment
of the Adjudicator, the Employer will request the Appointing
Authority designated in the PCC, to appoint the Adjudicator
within 14 days of receipt of such request.
23.1.1 The Adjudicator should be in position before “notice to proceed
with work” is issued to the Contractor and an agreement should
be signed with the Adjudicator jointly by the Employer and the
Contractor in the form attached – Appendix 3.
23.2 Should the Adjudicator resign or die, or should the Employer
and the Contractor agree that the Adjudicator is not functioning
in accordance with the provisions of the Contract; a new
Adjudicator shall be jointly appointed by the Employer and the
Contractor. In case of disagreement between the Employer and
the Contractor, within 30 days, the Adjudicator shall be
designated by the Appointing Authority designated in the
PCC at the request of either party, within 14 days of receipt of
such request.

24 Procedure for 24.1 If the Contractor believes that a decision taken by the Project
Disputes Manager was either outside the authority given to the Project
Manager by the Contract or that the decision was wrongly
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taken, the decision shall be referred to the Adjudicator within

14 days of the notification of the Project Manager’s decision.
24.2 The Adjudicator shall give a decision in writing within 28 days
of receipt of a notification of a dispute.
24.3 The Adjudicator shall be paid daily at the rate specified in the
PCC, together with reimbursable expenses of the types
specified in the PCC, and the cost shall be divided equally
between the Employer and the Contractor. Whatever decision
is reached by the Adjudicator, either party may refer that
decision to an Arbitrator within 28 days of the Adjudicator’s
written decision. If neither party refers the dispute to
arbitration within the above 28 days, the Adjudicator’s
decision shall be final and binding.
24.4 The arbitration shall be conducted in accordance with the
arbitration procedures published by the institution named and
in the place specified in the PCC.
The Arbitrator(s) shall give a decision in writing within 120 days
of start of the proceedings unless otherwise agreed to by the
Parties. The Arbitrators shall entertain only those issues which
have been earlier referred to the Adjudicator and either party is
dissatisfied with the decision given by the Adjudicator.
25.1 The Bank requires compliance with its policy in regard to corrupt
25. Corrupt and and fraudulent practices as set forth in Appendix A to the GCC.
Fraudulent 25.2 The Employer requires the Contractor to disclose any
Practices commissions or fees that may have been paid or are to be paid to
agents or any other party with respect to the bidding process or
execution of the Contract. The information shall be disclosed as
and when such payments are made or agreed to, and compliance
with the disclosure requirement shall be furnished, while
submitting each monthly statement for payments; such
disclosure must include at least the name and address of the agent
or other party, the amount and currency, and the purpose of the
commission, gratuity or fee.

B. Time Control
26 2
26.1 Within the time stated in the PCC, after the date of the Letter
26. Program of Acceptance, the Contractor shall submit to the Project
Manager for approval a revised Program showing the general
methods, arrangements, order, and timing for all the activities
in the Works along with monthly cash flow forecasts.
26.2 An update of the Program shall be a program showing the actual
progress achieved on each activity and the effect of the progress

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achieved on the timing of the remaining work, including any

changes to the sequence of the activities.
26.3 The Contractor shall submit to the Project Manager for approval
an updated Program at intervals no longer than the period
stated in the PCC. If the Contractor does not submit an updated
Program within this period, the Project Manager may withhold
the amount stated in the PCC from the next payment
certificate and continue to withhold this amount until the next
payment after the date on which the overdue Program has been
submitted.
26.4 The Project Manager’s approval of the Program shall not alter
the Contractor’s obligations. The Contractor may revise the
Program and submit it to the Project Manager again at any time.
A revised Program shall show the effect of Variations and
Compensation Events.

27. Extension of 27.1 The Project Manager shall extend the Intended Completion
the Intended Date including milestones if a Compensation Event occurs or a
Completion Date Variation is issued which makes it impossible for Completion
to be achieved by the Intended Completion Date as per agreed
milestones without the Contractor taking steps to accelerate the
remaining work, which would cause the Contractor to incur
additional cost.
27.2 The Project Manager shall decide whether and by how much to
extend the Intended Completion Date/milestones within 21
days of the Contractor asking the Project Manager for a
decision upon the effect of a Compensation Event or Variation
and submitting full supporting information. If the Contractor
has failed to give early warning of a delay or has failed to
cooperate in dealing with a delay, the delay by this failure shall
not be considered in assessing the new Intended Completion
Date/milestones.

28. Acceleration 28.1 When the Employer wants the Contractor to finish before the
Intended Completion Date, the Project Manager shall obtain
priced proposals for achieving the necessary acceleration from
the Contractor. If the Employer accepts these proposals, the
Intended Completion Date shall be adjusted accordingly and
confirmed by both the Employer and the Contractor.
28.2 If the Contractor’s priced proposals for acceleration are
accepted by the Employer, they are incorporated in the Contract
Price and treated as a Variation.

29. Delays 29.1 The Project Manager may instruct the Contractor to delay the
Ordered by the start or progress of any activity within the Works.
Project Manager

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30. Management 30.1 Either the Project Manager or the Contractor may require the
Meetings other to attend a management meeting. (Which will be held at
the place indicated in PCC. The periodicity to be fixed by
Project Manager / Contractor jointly). The business of a
management meeting shall be to review the progress of
construction with reference to the construction program given
in accordance with GCC 26.1, the plans for remaining work and
to deal with matters raised in accordance with the early warning
procedure.
30.2 The Project Manager shall record the business of management
meetings and provide copies of the record to those attending the
meeting and to the Employer. The responsibility of the parties
for actions to be taken shall be decided by the Project Manager
either at the management meeting or after the management
meeting and stated in writing to all who attended the meeting.

31. Early Warning 31.1 The Contractor shall warn the Project Manager at the earliest
opportunity of specific likely future events or circumstances
that may adversely affect the quality of the work, increase the
Contract Price, or delay the execution of the Works. The
Project Manager may require the Contractor to provide an
estimate of the expected effect of the future event or
circumstance on the Contract Price and Completion Date. The
estimate shall be provided by the Contractor as soon as
reasonably possible.
31.2 The Contractor shall cooperate with the Project Manager in
making and considering proposals for how the effect of such an
event or circumstance can be avoided or reduced by anyone
involved in the work and in carrying out any resulting
instruction of the Project Manager.

C. Quality Control
32. Quality 32.1 The Contractor shall institute Quality Assurance (QA) and
Assurance Quality Control (QC) systems in accordance with Quality
Assurance Plan to demonstrate compliance with the
requirements of the Contract as approved by the Project
Manager.
32.2 Compliance with the QA/QC systems shall not relieve the
Contractor of any of his duties obligations or responsibilities
under the Contract.

33. Tests 33.1 The Contractor shall provide all apparatus, assistance,
documents and other information, electricity, equipment, fuel,
consumables, instruments, labour, materials, and suitably
qualified and experienced staff, as are necessary to carry out the
specified tests efficiently.

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33.2 If the Project Manager instructs the Contractor to carry out a

test not specified in the Specification to check whether any
work has a Defect and the test shows that it does, the Contractor
shall pay for the test and any samples. If there is no Defect, the
test shall be a Compensation Event.

34. Identifying and 34.1. The Project Manager shall check the Contractor’s work and notify
Correction of the Contractor of any defects that are found specifying a time
Defects by which it should be corrected. Such checking shall not affect
the Contractor’s responsibilities. The Project Manager may
instruct the Contractor to search for a Defect and to uncover and
test any work that the Project Manager considers may have a
Defect.
34.2 The contractor shall permit the Employer’s Technical auditor to
check the contractor’s work and notify the Project Manager and
Contractor of any defects that are found. Such a check shall not
affect the Contractor’s or the Project Manager’s responsibility
as defined in the Contract Agreement
34.3 The Project Manager shall give notice to the Contractor of any
Defects [specifying a time limit by which it should be
corrected] before the end of the Defects Liability Period, which
begins at Completion, and is defined in the PCC. The Defects
Liability Period shall be extended for as long as Defects remain
to be corrected.
34.4 Every time notice of a Defect is given, the Contractor shall
correct the notified Defect within the length of time specified
by the Project Manager’s notice.

35. Uncorrected 35.1 If the Contractor has not corrected a Defect within the time
Defects specified in the Project Manager’s notice, the Project Manager
shall assess the cost of having the Defect corrected and the
Contractor shall pay this amount.
Note: 1. Where in certain cases, the technical specifications provide
for acceptance of works within specified tolerance limits at reduced
rates, Project Manager will certify payments to Contractor
accordingly.
2. Where the failure to correct a particular defect within the specified
time is considered as a fundamental breach of contract a notice
should be given to the contractor as stated in GCC 57.2(e).

D. Cost Control
36. Contract Price 36.1 The Bill of Quantities shall contain priced items for the Works
to be performed by the Contractor. The Bill of Quantities is used
to calculate the Contract Price. The Contractor will be paid for

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the quantity of the work accomplished at the rate in the Bill of

Quantities for each item.

37. Changes in the 37.1 If the final quantity of the work done differs from the quantity
Contract Price in the Bill of Quantities for the particular item by more than 25
percent, provided the change exceeds 1 percent of the Initial
Contract Price, the Project Manager shall adjust the rate to
allow for the change.
(a) If the quantity of work executed exceeds the quantity of
the item in BOQ beyond the higher specified limit the Project
Manager shall fix the rate to be applied for the additional
quantity of the work executed.
(b) If the quantity of work executed is less than the quantity
of the item in BOQ and is lesser than the lower specified limit,
the Project Manager shall fix the rate to be applied for whole of
the quantity of the work so executed.
37.2. The Project Manager shall not adjust rates from changes in
quantities if thereby the Initial Contract Price is exceeded by
more than 15 percent, except with the prior approval of the
Employer.
37.3 If requested by the Project Manager, the Contractor shall
provide the Project Manager with a detailed cost breakdown of
any rate in the Bill of Quantities.
38. Variations 38.1 All Variations shall be included in updated Programs, produced
by the Contractor.
38.2 The Contractor shall provide the Project Manager with a
quotation (with breakdown of unit rates) for carrying out the
Variation when requested to do so by the Project Manager. The
Project Manager shall assess the quotation, which shall be given
within seven (7) days of the request or within any longer period
stated by the Project Manager and before the Variation is
ordered.
38.3 If the work in the Variation corresponds to an item description
in the Bill of Quantities and if, in the opinion of the Project
Manager, the quantity of work above the limit stated in Sub-
Clause 37.1 or the timing of its execution do not cause the cost
per unit of quantity to change, the rate in the Bill of Quantities
shall be used to calculate the value of the Variation. If the cost
per unit of quantity changes, or if the nature or timing of the
work in the Variation does not correspond with items in the Bill
of Quantities, the quotation by the Contractor shall be in the
form of new rates for the relevant items of work.
38.4 If the Contractor’s quotation is unreasonable, [or if contractor
fails to provide the Project Manager with a quotation within a

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reasonable time specified by Project Manager in accordance

with GCC38.2] the Project Manager may order the Variation
and make a change to the Contract Price, which shall be based
on the Project Manager’s own forecast of the effects of the
Variation on the Contractor’s costs
38.5 If the Project Manager decides that the urgency of varying the
work would prevent a quotation being given and considered
without delaying the work, no quotation shall be given and the
Variation shall be treated as a Compensation Event.
38.6 The Contractor shall not be entitled to additional payment for
costs that could have been avoided by giving early warning.

39. Cash Flow 39.1 When the Program, is updated, the Contractor shall provide
Forecasts the Project Manager with an updated cash flow forecast. The
cash flow forecast shall be in Indian Rupees.

40. Payment 40.1 The Contractor shall submit to the Project Manager monthly
Certificates statements of the estimated value of the work executed less the
cumulative amount certified previously along with details of
measurement of the quantity of works executed in a tabular
form approved by the Project Manager.

40.2 The Project Manager shall check the details given in the
Contractor’s monthly statement and within 14 days certify the
amounts to be paid to the Contractor after taking into account
any credit or debit for the month in question in respect of
materials for the works in the relevant amount and under
conditions set forth in GCC Sub-Clause 49.4 [Secured
Advance]

40.3 The value of work executed shall be determined by the Project

Manager after due check and measurement of the quantities
claimed as executed by the contractor

40.4 The value of work executed shall comprise of the value of the
quantities of work in the Bill of Quantities that have been
completed;

40.5 The value of work executed shall include the valuation of

Variations and Compensation Events.

40.6 The Project Manager may exclude any item certified in a

previous certificate or reduce the proportion of any item
previously certified in any certificate in the light of later
information.

41. Payments 41.1 Payments shall be adjusted for deductions for advance
payments, retention, other recoveries in terms of contract &

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taxes to be deducted at source [TDS] as per applicable law.

The Employer shall pay the Contractor the amounts certified
by the Project Manager within 28 days of the date of each
certificate. If the Employer makes a late payment, the
Contractor shall be paid interest on the late payment in the next
payment. Interest shall be calculated from the date by which
the payment should have been made up to the date when the
late payment is made at the rate stated in the PCC.

41.2 If an amount certified is increased in a later certificate or as a

result of an award by the Adjudicator or an Arbitrator, the
Contractor shall be paid interest upon the delayed payment as
set out in this clause. Interest shall be calculated at the rate
stated in GCC 41.1 above, from the date upon which the
increased amount would have been certified in the absence of
dispute.

41.3 Items of the Works for which no rate or price has been entered
in shall not be paid for by the Employer and shall be deemed
covered by other rates and prices in the Contract.

42. Compensation 42.1 The following shall be Compensation Events:

Events
(a) The Employer does not give access to a part of the Site by
the Site Possession Date pursuant to GCC Sub-Clause
20.1.
(b) The Employer modifies the Schedule of Other Contractors
in a way that affects the work of the Contractor under the
Contract.
(c) The Project Manager orders a delay or does not issue
Drawings, Specifications, or instructions required for
execution of the Works on time.
(d) The Project Manager instructs the Contractor to uncover
or to carry out additional tests upon work, which is then
found to have no Defects.
(e) The Project Manager unreasonably does not approve a
subcontract to be let.
(f) Ground conditions are substantially more adverse than
could reasonably have been assumed before issuance of
the Letter of Acceptance from the information issued to
bidders (including the Site Investigation Reports), from
information available publicly and from a visual
inspection of the Site.

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(g) The Project Manager gives an instruction for dealing with

an unforeseen condition, caused by the Employer, or
additional work required for safety or other reasons.

(h) Other contractors, public authorities, utilities, or the

Employer does not work within the dates and other
constraints stated in the Contract, and they cause delay or
extra cost to the Contractor.

(i) The advance payment is delayed.

(j) The effects on the Contractor of any of the Employer’s

Risks.

(k) The Project Manager unreasonably delays issuing a

Certificate of Completion.

42.2 If a Compensation Event would cause additional cost or would

prevent the work being completed before the Intended
Completion Date, the Contract Price shall be increased and/or
the Intended Completion Date shall be extended. The Project
Manager shall decide whether and by how much the Contract
Price shall be increased and whether and by how much the
Intended Completion Date shall be extended.
42.3 As soon as information demonstrating the effect of each
Compensation Event upon the Contractor’s forecast cost has
been provided by the Contractor, it shall be assessed by the
Project Manager, and the Contract Price shall be adjusted
accordingly. If the Contractor’s forecast is deemed
unreasonable, the Project Manager shall adjust the Contract
Price based on the Project Manager’s own forecast. The
Project Manager shall assume that the Contractor shall react
competently and promptly to the event.
42.4 The Contractor shall not be entitled to compensation to the
extent that the Employer’s interests are adversely affected by
the Contractor’s not having given early warning or not having
cooperated with the Project Manager.

43. Tax 43.1 The rates quoted by the Contractor shall be deemed to be
inclusive of the VAT, Sales and other taxes that the Contractor
will have to pay for the performance of this Contract. The
Employer will perform such duties in regard to the deduction
of such taxes at source [TDS] as per applicable law.
43.2 The Project Manager shall adjust the Contract Price if taxes,
duties, and other levies are changed between the deadline for
the submission of bids for the Contract and the date of the last
Completion certificate. The adjustment shall be the change in

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the amount of tax payable by the Contractor, provided such

changes are not already reflected in the Contract Price.

44. Currencies 44.1 All payments shall be made in Indian Rupees.

45. Price 45.1 Contract price shall be adjusted for increase or decrease in rates
Adjustment and price of labour, materials, fuels and lubricants and other
inputs to the works in accordance with the principles and
procedures outlined below. A table of adjustment data is
included in the PCC which indicates the coefficients of various
inputs and the sources of indices for various schedules of BOQ.
If the PCC does not include a table of adjustment data this sub
clause shall not apply and there shall be no price adjustment.

(a) The price adjustment according to sub para (d) below,

shall apply for the work done from the start date given in the
PCC up to the end of the Intended Completion Date. If there is
delay in completion beyond such date for reasons attributable to
the contractor, the Price Adjustment for the work carried out
during such period, for reasons attributable to the Contractor,
shall be regulated by sub-para (g) below.

(b) The Contract Price shall be adjusted to take account of

any increase or decrease in cost after the base date, which affect
the Contractor in performance of obligations under the
Contract.

(c) The total value (R) of the work done during the
specified period [GCC 40.1] shall be as under:

R= SUM (RS1 + RS2 + RS3 + …….RSn),

Where,
‘Rsn’ is the value of work done during the specified period to which
the price adjustment shall be applied for the relevant schedule
of Bill of Quantities (BOQ) specified in P.C.C during the
specified period, and represented as under:
Rsn = (Vsn + Ssn) minus (amount of secured advance recovered
in the same period + value of works executed under variations
for which price adjustments will be worked separately based on
terms mutually agreed between the Project Manager and the
Contractor). where,

Vsn is the total value of work done during the specified period for the
respective schedule of BOQ, and

Ssn is the secured advance paid during the specified period for the
respective schedule of BOQ,

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(d) The adjustment to be applied to the amount otherwise

payable to the Contractor, as valued in accordance with
the appropriate schedule of BOQ and certified in
Payment Certificates, shall be determined from
formulae which shall be of the following general type:

Pn = a + b Ln/Lo +c En/Eo + d Mn/Mo+ ……….

where,

“Pn” is the adjustment multiplier to be applied to the value of the work

done during the period “n”, this period being a month unless
otherwise stated in the PCC.

“a” is a fixed coefficient, stated in the relevant table of adjustment

data, representing the non-adjustable portion in contractual
payments;

“b”, “c”, “d”,… are coefficients representing the estimated

proportion of each cost element related to the execution of the
Works, as stated in the relevant table of adjustment data; such
tabulated cost elements may be indicative of resources such as
labour, equipment and materials;

“Ln”[Labour], “En”[Equipment], “Mn”[Material], …. are the

current cost indices or reference prices for period “n”, each of
which is applicable to the relevant tabulated cost element
[Labour, Equipment, Steel, Cement, Fuel/Lubricants, Bitumen,
others] on the date, specified in the Table-2 of Adjustment Data,
prior to the last day of the period (to which the particular
Payment Certificate relates); and
“Lo”, “Eo”, “Mo”, ….are the base cost indices or reference
prices, expressed in the relevant currency of payment, each of
which is applicable to the relevant tabulated cost element on the
Base Date.

(e) The cost indices or reference prices stated in the tables

of adjustment data given in PCC shall be used. The base date
shall be the deadline for the submission of bids.

(f) If the Contractor fails to complete the Works within the

Intended Completion date, adjustment of prices
thereafter shall be made using either:

(i) index or price applicable for each cost element

tabulated in the tables of adjustment data on the
specified date prior to the expiry of the Intended
Completion Date, or

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(ii) the current index or price applicable for the

period in question whichever is more favourable
to the Employer.
(g) The weightings (coefficients) for each of the factors of cost stated
in the table(s) of adjustment data shall only be varied by the
Project Manager if they have been rendered unreasonable,
unbalanced or inapplicable, as a result of Variations.

(h) Unless otherwise stated in the P.C.C., the Price adjustment shall
be done in each monthly Interim Payment Certificate [IPC].
The coefficients and indices are given in the Tables of
Adjustment Data in Contract data.
45.2 To the extent that full compensation for any rise or fall in costs to
the contractor is not covered by the provisions of this or other
clauses in the contract, the unit rates and prices included in the
contract shall be deemed to include amounts to cover the
contingency of such other rise or fall in costs.

46. Retention 46.1 The Employer shall retain from each payment due to the
Contractor the proportion stated in the PCC until Completion
of the whole of the Works
46.2 Upon the issue of a Certificate of Completion of the Works by
the Project Manager, in accordance with GCC 53.1, half the
total amount retained shall be repaid to the Contractor and half
when the Defects Liability Period has passed and the Project
Manager has certified that all Defects notified by the Project
Manager to the Contractor before the end of this period have
been corrected. On completion of the whole works the
Contractor may substitute the balance retention money with an
“on demand” Bank guarantee.

47. Liquidated 47.1 The Contractor shall pay liquidated damages to the Employer
Damages at the rate per day stated in the PCC for each day that the
Completion Date is later than the Intended Completion Date
(for the whole of the works or the milestones as stated in the
PCC). The total amount of liquidated damages shall not
exceed the amount defined in the PCC. The Employer may
deduct liquidated damages from payments due to the
Contractor. Payment of liquidated damages shall not affect the
Contractor’s liabilities.
47.1.1 Time is the essence of the contract and payment or deduction
of liquidated damages shall not relieve the contractor from his
obligation to complete the work as per agreed construction
program and milestones, or from any of the Contractor’s
other obligations and liabilities under the contract.
47.2 If the Intended Completion Date including milestones is
extended after liquidated damages have been paid, the Project

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Manager shall correct any overpayment of liquidated damages

by the Contractor by adjusting the next payment certificate.
The Contractor shall be paid interest on the overpayment,
calculated from the date of payment to the date of repayment,
at the rates specified in GCC Sub-Clause 41.1.

48. Bonus 48.1 The Contractor shall be paid a Bonus calculated at the rate per
calendar day stated in the PCC for each day (less any days for
which the Contractor is paid for acceleration) that the
Completion is earlier than the Intended Completion Date. The
Project Manager shall certify that the Works are complete,
although they may not be due to be complete.
49. Advance 49.1 The Employer shall make advance payment to the Contractor
Payment of the amounts stated in the PCC by the date stated in the
PCC, against provision by the Contractor of an Unconditional
Bank Guarantee in a form and by a bank acceptable to the
Employer in amounts in Indian Rupees equal to the advance
payment. The Guarantee shall remain effective until the
advance payment has been repaid, but the amount of the
Guarantee shall be progressively (each instalment not less
than Rs. 500,000) reduced by the amounts repaid by the
Contractor. Interest shall not be charged on the advance
payment.
49.2 The Contractor is to use the advance payment only to pay for
Equipment, Plant, Materials, and mobilization expenses
required specifically for execution of the Contract. The
Contractor shall demonstrate that advance payment has been
used in this way by supplying copies of invoices or other
documents to the Project Manager.
49.3 The advance payment shall be repaid by deducting
proportionate amounts from payments otherwise due to the
Contractor, following the schedule of completed percentages
of the Works on a payment basis. No account shall be taken
of the advance payment or its repayment in assessing
valuations of work done, Variations, price adjustments,
Compensation Events, Liquidated Damages.
Secured Advances 49.4 The Project Manager shall make advance payment in respect
of materials intended for but not yet incorporated in the Works
in accordance with conditions stipulated in the PCC.

50. Securities 50.1 The Performance Security shall be provided to the Employer no
later than the date specified in the Letter of Acceptance and
shall be issued in an amount specified in the PCC, by a
Nationalized or Schedule bank in India. The Bank Guarantee
for Performance Security including additional security for
unbalanced bids shall be valid until a date 28 days from the date
of issue of the Certificate of Completion.

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51. Dayworks 51.1 Not used.

52. Cost of Repairs 52.1 Loss or damage to the Works or Materials to be incorporated
in the Works between the Start Date and the end of the
Defects Correction periods shall be remedied by the
Contractor at the Contractor’s cost if the loss or damage arises
from the Contractor’s acts or omissions.

E. Finishing the Contract

53. Completion 53.1 The Contractor shall request the Project Manager to issue a
Certificate of Completion of the Works, and the Project
Manager shall do so upon deciding that the whole of the Works
is completed.

54. Taking Over 54.1 The Employer shall take over the Site and the Works within
seven days of the Project Manager’s issuing a certificate of
Completion.

55. Final Account 55.1 The Contractor shall supply the Project Manager with a detailed
account of the total amount that the Contractor considers payable
under the Contract at the end of the Defects Liability Period. The
Project Manager shall issue a Defects Liability Certificate and
certify any final payment that is due to the Contractor within 56
days of receiving the Contractor’s account if it is correct and
complete. If it is not, the Project Manager shall issue within 56
days a schedule that states the scope of the corrections or
additions that are necessary. If the Final Account is still
unsatisfactory after it has been resubmitted, the Project Manager
shall decide on the amount payable to the Contractor and issue a
payment certificate within 56 days of receiving the contractor’s
revised account.

56. Operating and 56.1 If “as built” Drawings [including a compact disk containing
Maintenance digitized drawings] and/or operating and maintenance manuals
Manuals are required, the Contractor shall supply them by the dates
stated in the PCC.
56.2 If the Contractor does not supply the Drawings [including a
compact disk containing digitized drawings] and/or manuals
by the dates stated in the PCC pursuant to GCC Sub-Clause
56.1, or they do not receive the Project Manager’s approval,
the Project Manager shall withhold the amount stated in the
PCC from payments due to the Contractor.

57. Termination 57.1 The Employer or the Contractor may terminate the Contract if
the other party causes a fundamental breach of the Contract after
giving fourteen (14) days written notice.

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57.2 Fundamental breaches of Contract shall include, but shall not be

limited to, the following:

(a) the Contractor stops work for 28 days when no stoppage of

work is shown on the current Program and the stoppage has
not been authorized by the Project Manager;
(b) the Project Manager instructs the Contractor to delay the
progress of the Works, and the instruction is not withdrawn
within 28 days;
(c) the Employer or the Contractor is made bankrupt or goes into
liquidation other than for a reconstruction or amalgamation;
(d) a payment certified by the Project Manager is not paid by the
Employer to the Contractor within 84 days of the date of the
Project Manager’s certificate;
(e) the Project Manager gives Notice that failure to correct a
particular Defect is a fundamental breach of Contract and the
Contractor fails to correct it within a reasonable period of
time determined by the Project Manager;
(f) the Contractor does not maintain a Security, which is required;
(g) the Contractor has delayed the completion of the Works by
the number of days for which the maximum amount of
liquidated damages can be paid, as defined in the PCC; or
(h) if the Contractor, in the judgment of the Employer, has
engaged in corrupt, fraudulent, collusive, coercive or
obstructive practices in competing for or in executing the
Contract, then the Client may, after giving fourteen (14) days
written notice to the Contractor, terminate the Contract and
expel him from the Site.
(i) The contractor has contravened Clauses 7 and 9 of GCC.
(j) The contractor does not adhere to the agreed construction
program, agreed ES-MSIP [Clause 26 of GCC] and also fails
to take satisfactory remedial action as per agreements reached
in the management meetings [Clause 30 of GCC] for a period
of 60 days.
(k) The contractor fails to carry out of the instructions of the
Project Manager within a reasonable time determined by the
Project Manager in accordance with GCC Clause 15.1 and
22.
(l) The contractor (in case of Joint Venture) has modified the
composition of the joint venture and/or the responsibility of
each member of the joint venture from what is stated in joint

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venture agreement without the prior approval of the

Employer.
57.3 When either party to the Contract gives notice of a breach of
Contract to the Project Manager for a cause other than those
listed under GCC Sub-Clause 57.2 above, the Project Manager
shall decide whether the breach is fundamental or not.

57.4 Notwithstanding the above, the Employer may terminate the

Contract for convenience.

57.5 If the Contract is terminated, the Contractor shall stop work

immediately, make the Site safe and secure, and leave the Site
as soon as reasonably possible.

58. Payment upon 58.1 If the Contract is terminated because of a fundamental breach of
Termination Contract by the Contractor, the Project Manager shall issue a
certificate for the value of the work done and Materials ordered
less advance payments received up to the date of the issue of the
certificate less other recoveries due in terms of contract, less
taxes to be deducted at source [TDS] as per applicable law, and
less the percentage to apply to the value of the work not
completed, as indicated in the PCC. Additional Liquidated
Damages shall not apply. If the total amount due to the Employer
exceeds any payment due to the Contractor, the difference shall
be a debt payable to the Employer.
58.2 If the Contract is terminated for the Employer’s convenience or
because of a fundamental breach of Contract by the Employer,
the Project Manager shall issue a certificate for the value of the
work done, Materials ordered, the reasonable cost of removal of
Equipment, repatriation of the Contractor’s personnel employed
solely on the Works, and the Contractor’s costs of protecting and
securing the Works, and less advance payments received up to
the date of the certificate less other recoveries due in terms of the
contract and less taxes due to be deducted at source [TDS] as per
applicable law.

59. Property 59.1 All Materials on the Site, Plant, Equipment, Temporary Works,
and Works shall be deemed to be the property of the Employer if
the Contract is terminated because of the Contractor’s default.

60. Release from 60.1 If the Contract is frustrated by the outbreak of war or by any
Performance other event entirely outside the control of either the Employer
or the Contractor, the Project Manager shall certify that the
Contract has been frustrated. The Contractor shall make the Site
safe and stop work as quickly as possible after receiving this
certificate and shall be paid for all work carried out before
receiving it and for any work carried out afterwards to which a
commitment was made.

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61. Suspension of 61.1 In the event that the Bank suspends the Loan or Credit to the
Bank Loan or Employer, from which part of the payments to the Contractor
Credit are being made:
(a) The Employer is obligated to notify the Contractor of such
suspension within 7 days of having received the Bank’s
suspension notice.
(b) If the Contractor has not received sums due it within the 28 days
for payment provided for in Sub-Clause 40.1, the Contractor may
immediately issue a 14-day termination notice.

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APPENDIX A TO GENERAL CONDITIONS

Bank’s Policy- Corrupt and Fraudulent Practices

Guidelines for Procurement of Goods, Works, and Non-Consulting Services under IBRD Loans
and IDA Credits & Grants by World Bank Borrowers, dated January 2011 Revised July 2014:
“Fraud and Corruption:
1.16 It is the Bank’s policy to require that Borrowers (including beneficiaries of Bank loans),
bidders, suppliers, contractors and their agents (whether declared or not), sub-contractors,
sub-consultants, service providers or suppliers, and any personnel thereof, observe the
highest standard of ethics during the procurement and execution of Bank-financed
contracts.27 In pursuance of this policy, the Bank:
(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of
anything of value to influence improperly the actions of another party;28;
(ii) “fraudulent practice” is any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or
other benefit or to avoid an obligation;29
(iii) “collusive practice” is an arrangement between two or more parties designed to
achieve an improper purpose, including to influence improperly the actions of another
party;30
(iv) “coercive practice” is impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence improperly
the actions of a party;31
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering, or concealing of evidence material to the
investigation or making false statements to investigators in order to materially impede a Bank
investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party to prevent it from disclosing its knowledge
of matters relevant to the investigation or from pursuing the investigation, or
(bb) acts intended to materially impede the exercise of the Bank’s inspection and audit rights
provided for under paragraph 1.16(e) below.

27
In this context, any action to influence the procurement process or contract execution for undue advantage is improper.
28
For the purpose of this sub-paragraph, “another party” refers to a public official acting in relation to the procurement
process or contract execution. In this context, “public official” includes World Bank staff and employees of other
organizations taking or reviewing procurement decisions.
29
For the purpose of this sub-paragraph, “party” refers to a public official; the terms “benefit” and “obligation” relate
to the procurement process or contract execution; and the “act or omission” is intended to influence the procurement
process or contract execution.
30
For the purpose of this sub-paragraph, “parties” refers to participants in the procurement process (including public
officials) attempting either themselves, or through another person or entity not participating in the procurement or
selection process, to simulate competition or to establish bid prices at artificial, non-competitive levels, or are privy
to each other’s bid prices or other conditions.
31
For the purpose of this sub-paragraph, “party” refers to a participant in the procurement process or contract
execution.
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(b) will reject a proposal for award if it determines that the bidder recommended for award, or
any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers,
suppliers and/or their employees, has, directly or indirectly, engaged in corrupt, fraudulent,
collusive, coercive, or obstructive practices in competing for the contract in question;
(c) will declare misprocurement and cancel the portion of the loan allocated to a contract if it
determines at any time that representatives of the Borrower or of a recipient of any part of
the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices during the procurement or the implementation of the contract in question, without
the Borrower having taken timely and appropriate action satisfactory to the Bank to address
such practices when they occur, including by failing to inform the Bank in a timely manner
at the time they knew of the practices;
(d) will sanction a firm or individual, at any time, in accordance with the prevailing Bank’s
sanctions procedures,32 including by publicly declaring such firm or individual ineligible,
either indefinitely or for a stated period of time: (i) to be awarded a Bank-financed contract;
and (ii) to be a nominated33;
(e) will require that a clause be included in bidding documents and in contracts financed by a
Bank loan, requiring bidders, suppliers and contractors, and their sub-contractors, agents,
personnel, consultants, service providers, or suppliers, to permit the Bank to inspect all
accounts, records, and other documents relating to the submission of bids and contract
performance, and to have them audited by auditors appointed by the Bank.”

32
A firm or individual may be declared ineligible to be awarded a Bank financed contract upon: (i) completion of the
Bank’s sanctions proceedings as per its sanctions procedures, including, inter alia, cross-debarment as agreed with
other International Financial Institutions, including Multilateral Development Banks, and through the application the
World Bank Group corporate administrative procurement sanctions procedures for fraud and corruption; and (ii) as a
result of temporary suspension or early temporary suspension in connection with an ongoing sanctions proceeding.
See footnote 14 and paragraph 8 of Appendix 1 of these Guidelines.
33
A nominated sub-contractor, consultant, manufacturer or supplier, or service provider (different names are used
depending on the particular bidding document) is one which has either been: (i) included by the bidder in its pre-
qualification application or bid because it brings specific and critical experience and know-how that allow the bidder
to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
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APPENDIX B
Environmental, Social, Health and Safety (ESHS)
Metrics for Progress Reports
[Note to Employer: the following metrics may be amended to reflect the Employer’s environmental,
social, health and safety policies and/or the ESHS requirements of the project. The metrics that are
required should be determined by the ESHS risks of the Works and not necessarily by the scale of
the Works]

Metrics for regular reporting:

environmental incidents or non-compliances with contract requirements, including contamination,
pollution or damage to ground or water supplies;
health and safety incidents, accidents, injuries and all fatalities that require treatment;
interactions with regulators: identify agency, dates, subjects, outcomes (report the negative if none);
status of all permits and agreements:
iv. work permits: number required, number received, actions taken for those not received;
v. status of permits and consents:
- list areas/facilities with permits required (quarries, asphalt & batch plants), dates of
application, dates issued (actions to follow up if not issued), dates submitted to resident
engineer (or equivalent), status of area (waiting for permits, working, abandoned without
reclamation, decommissioning plan being implemented, etc.);
- list areas with landowner agreements required (borrow and spoil areas, camp sites), dates of
agreements, dates submitted to resident engineer (or equivalent);
- identify major activities undertaken in each area in the reporting period and highlights of
environmental and social protection (land clearing, boundary marking, topsoil salvage, traffic
management, decommissioning planning, decommissioning implementation);
- for quarries: status of relocation and compensation (completed, or details of activities and
current status in the reporting period).
health and safety supervision:
iii. safety officer: number days worked, number of full inspections & partial inspections, reports to
construction/project management;
iv. number of workers, work hours, metric of PPE use (percentage of workers with full personal
protection equipment (PPE), partial, etc.), worker violations observed (by type of violation, PPE
or otherwise), warnings given, repeat warnings given, follow-up actions taken (if any);
worker accommodations:
i. number of expats housed in accommodations, number of locals;
ii. date of last inspection, and highlights of inspection including status of accommodations’
compliance with national and local law and good practice, including sanitation, space, etc.;
v. actions taken to recommend/require improved conditions, or to improve conditions.
HIV/AIDS: provider of health services, information and/or training, location of clinic, number of non-
safety disease or illness treatments and diagnoses (no names to be provided);
gender (for expats and locals separately): number of female workers, percentage of workforce, gender
issues raised and dealt with (cross-reference grievances or other sections as needed);
training:

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i. number of new workers, number receiving induction training, dates of induction training;
ii. number and dates of toolbox talks, number of workers receiving Occupational Health and Safety
(OHS), environmental and social training;
vi. number and dates of HIV/AIDS sensitization and/or training, no. workers receiving training (this
reporting period and in the past); same questions for gender sensitization, flag person training.
vii. number and date of GBV /SEA sensitization and/or training, number of workers receiving training
on code of conduct (in the reporting period and in the past), etc.
environmental and social supervision:
i. environmentalist: days worked, areas inspected and numbers of inspections of each (road section,
work camp, accommodations, quarries, borrow areas, spoil areas, swamps, forest crossings, etc.),
highlights of activities/findings (including violations of environmental and/or social best practices,
actions taken), reports to environmental and/or social specialist/construction/site management;
ii. sociologist: days worked, number of partial and full site inspections (by area: road section, work
camp, accommodations, quarries, borrow areas, spoil areas, clinic, HIV/AIDS center, community
centers, etc.), highlights of activities (including violations of environmental and/or social
requirements observed, actions taken), reports to environmental and/or social
specialist/construction/site management; and
iii. community liaison person(s): days worked (hours community center open), number of people
met, highlights of activities (issues raised, etc.), reports to environmental and/or social specialist
/construction/site management.
Grievances: list new grievances (e.g. allegations of GBV / SEA) received in the reporting period and
unresolved past grievances by date received, complainant, how received, to whom referred to for
action, resolution and date (if completed), data resolution reported to complainant, any required
follow-up (Cross-reference other sections as needed):
i. Worker grievances;
ii. Community grievances
Traffic and vehicles/equipment:
i. traffic accidents involving project vehicles & equipment: provide date, location, damage, cause,
follow-up;
ii. accidents involving non-project vehicles or property (also reported under immediate metrics):
provide date, location, damage, cause, follow-up;
iii. overall condition of vehicles/equipment (subjective judgment by environmentalist); non-
routine repairs and maintenance needed to improve safety and/or environmental
performance (to control smoke, etc.).
Environmental mitigations and issues (what has been done):
i. dust: number of working bowsers, number of waterings/day, number of complaints, warnings
given by environmentalist, actions taken to resolve; highlights of quarry dust control (covers,
sprays, operational status); % of rock/spoil lorries with covers, actions taken for uncovered
vehicles;
ii. erosion control: controls implemented by location, status of water crossings, environmentalist
inspections and results, actions taken to resolve issues, emergency repairs needed to control
erosion/sedimentation;

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iii. quarries, borrow areas, spoil areas, asphalt plants, batch plants: identify major activities
undertaken in the reporting period at each, and highlights of environmental and social
protection: land clearing, boundary marking, topsoil salvage, traffic management,
decommissioning planning, decommissioning implementation;
iv. blasting: number of blasts (and locations), status of implementation of blasting plan (including
notices, evacuations, etc.), incidents of off-site damage or complaints (cross-reference other
sections as needed);
v. spill cleanups, if any: material spilled, location, amount, actions taken, material disposal
(report all spills that result in water or soil contamination;
vi. waste management: types and quantities generated and managed, including amount taken
offsite (and by whom) or reused/recycled/disposed on-site;
vii. details of tree plantings and other mitigations required undertaken in the reporting period;
viii. details of water and swamp protection mitigations required undertaken in the reporting
period.
compliance:
i. compliance status for conditions of all relevant consents/permits, for the Work, including
quarries, etc.): statement of compliance or listing of issues and actions taken (or to be taken) to
reach compliance;
ii. compliance status of C-ESMP/ESIP requirements: statement of compliance or listing of issues
and actions taken (or to be taken) to reach compliance
iii. compliance status of GBV/SEA prevention and response action plan: statement of compliance or
listing of issues and actions taken (or to be taken) to reach compliance
iv. compliance status of Health and Safety Management Plan re: statement of compliance or listing
of issues and actions taken (or to be taken) to reach compliance
v. other unresolved issues from previous reporting periods related to environmental and social:
continued violations, continued failure of equipment, continued lack of vehicle covers, spills not
dealt with, continued compensation or blasting issues, etc. Cross-reference other sections as
needed.

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Appendix – C
Following Environmental Safety Measures to be implemented by Contractor:

Sl. No. Environmental Safety measures to be implemented Responsibility

i. i. ‘Consent to Establish’ and ‘Consent to Operate’ shall be obtained from Contractor
State Pollution Control Board under the Air (Prevention and Control of
Pollution) Act, 1981 and the Water (Prevention and Control of Pollution)
Act, 1974.
ii ii. The Project authority shall ensure that no rivers or tributaries are blocked Contractor should ensure the
due to any activities at the project site and free flow of water is maintained. same
iii iii. Shoreline shall not be disturbed due to dumping. Periodical study on shore Contractor should ensure the
line changes shall be conducted and mitigation carried out, if necessary. same.
iv iv. Dredging shall not be carried out during the fish/turtle breeding seasons. v. Contractor
v vi. All vessels used in the river will be fitted with noise control and animal vii. Contractor should ensure.
exclusion devices so that aquatic life is not unduly disturbed.
vi viii. Spillage of fuel / engine oil and lubricants from the construction site are ix. a Contractor
source of organic pollution which impacts aquatic life, particularly
benthos. This shall be prevented by suitable precautions and also by
providing necessary mechanisms to trap the spillage.
vii x. Construction waste including debris shall be disposed safely in thexi. Contractor
designated areas and in no case shall be disposed in the aquatic
environment.
viii xii. Vessels shall not discharge oil or oily water such as oily bilge water xiii.
Contractor shall ensure and
containing more than 15ppm of oil. maintain record
ix xiv. The project authority shall ensure that water traffic does not impact the xv.
Contractor should ensure
aquatic wildlife sanctuaries that fall along the stretch of the river. compliance of provisions for
movement of vessel in the
Wildlife Sanctuary as per
statutory clearances
x xvi. All Vessels will also have to comply with ‘Zero discharge’ [Link] Contractor
prevent solid or liquid waste from flowing into the river and affecting its
biodiversity.
xi xviii. The Dredging shall be carried by integrated and systematic planning by xix. Contractor
selective grid method by allowing migratory movement of Benthic fauna.
xii xx. All required noise and vibration control measures are to be adopted xxi. in Contractor
Dredgers. Cutter suction Dredgers should be avoided as much as possible
which produces more noise and vibration. No Drilling and Blasting is to
be carried out.
xiii xxii. Pre geo-tectonic studies has to be completed and the strata to be dredged
xxiii. Contractor
is predetermined with complete data pertaining to hardness, compressive
and tensile strengths.
xiv xxiv. Dredger type and other strata loosening methods shall be [Link]. Contractor
xv xxvi. Staggered dredging shall be carried based on turbidity monitoringxxvii. to Contractor should comply
minimize the impact of turbidity. and maintain record
xvixxviii. Threshold level of turbidity, which has a minimal effect on fauna, hasxxix.
to Contractor
be predetermined and Dredging planned accordingly.
xvii xxx. Further silt screens needs to be used for minimizing the spreadxxxi. of Contractor
Turbidity.
xviiixxxii. Disposal places of Dredged sediments needs to be predetermined, along Contractor
the shore by assessment of suitability, which will not affect the shoreline
(erosion) and also causing impacts during monsoon and flooding.

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Appendix – C
Following Environmental Safety Measures to be implemented by Contractor:

Sl. No. Environmental Safety measures to be implemented Responsibility

xixxxxiii. As much as possible, it shall not be disposed off in the river itself, and the Contractor
site should be such that the dispersion is quicker by undertaking modelling
studied.
xx xxxiv. Ballast water control and management measures shall be implemented. xxxv. Contractor
xxi xxxvi. Waste and waste water reception facilities in Jetty shall be implemented.
xxxvii. Contractor should dispose the
waste and wastewater at
designated disposal place
authorized by SPCB
xxii
xxxviii. The Risk and Disaster Management Plan has been prepared in consonance
xxxix. Contractor should follow the
with the manual of terminals and harbours issued by the Ministry of risk and disaster management
Environmental and Forests dated 5th May 2010. plan for the purpose of
dredging in river accordance
with the Statutory/regulatory
guidelines.
xxiii xl. Standard Operating Procedures (SOP) and Emergency Response Planxli. Contractor should prepare
(ERP) for onsite and offsite emergencies shall be prepared and and follow the Standard
implemented based on Hazard Identification and Risk Assessment to Operating Procedures (SOP)
handle, process, store and transport of hazardous substances. and Emergency Response
Plan (ERP) for onsite and
offsite emergencies for
dredging in river accordance
with Statutory/regulatory
guidelines and IWAI consent
xxiv xlii. Oil spill contingency plan shall be prepared and part of DMP to tackle
xliii. Contractor should implement
emergencies. The equipment and recovery of oil from a spill shall be the Oil Spill Contingency
assessed. Guidelines given in MARPOL and shipping Acts for oil spill Plan for dredging in river
management shall be followed. accordance with
Statutory/regulatory
guidelines.
xxv xliv. No diversion of the natural course of the river shall be made without prior Contractor should ensure the
permission from the Ministry of Water resources. same.
xxvi xlv. All the erosion control measures shall be taken at water front facilities. Contractor should ensure the
same.
xxviixlvi. Necessary Air Pollution Control measures shall be taken during loading,
xlvii. Contractor
unloading, handling, transport of the material at the Berthing and water
front facilities.
xxviii
xlviii. The Vessels shall comply the emission norms prescribed from timexlix. to Contractor
time.
xxiv l. All safety measures are to be implemented in coordination with theli. Contractor
respective state government departments such as State Forest Department,
Public Works Department, State Pollution Control Board etc.

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Section IX. Particular / Special Conditions of Contract

Except where otherwise indicated, all PCC should be filled in by the Employer prior to issuance of the
Bidding Documents. Schedules and reports to be provided by the Employer should be annexed.
A. General
GCC 1.1 (d) The financing institution is: The World Bank
Loan agreement: 8752-IN

GCC 1.1 (r) The Employer is:

Vice Chairman & Project Director

Inland Waterways Authority of India,
Ministry of Ports, Shipping & Waterways
Government of India

GCC 1.1 (v) The Intended Completion Date is 3 years from the Date of Commencement of Service
/ Mobilisation. Contract is further extendable by 2 years.
GCC 1.1 (y) The Engineer -In-Charge (EIC) / Project Manager will be –
Officer In Charge, IWAI, Varanasi

The Address of the Employer is:

Vice Chairman and Project Director, JMVP

Inland Waterways Authority of India,
A-13, Secot-1, Noida – 201301, Uttar Pradesh, India
Telex: +91 120 2544004: Facsimile: +91 120 2543976

The Address of the Contractor is:

The Authorized Representatives are:

For the Employer:

Engineer in Charge & Officer In-Charge, IWAI, Varanasi

For the Contractor:

GCC 1.1 (aa) The Site is stretch between Ghazipur – Varanasi (133km) of National Waterway-1.
The identification number of the Contract is
IN-IWAI -288445-CW-RFB
GCC 1.1 (dd) Date of Commencement of Services/Work (Quantity Based Dredging)

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The Successful bidder shall deploy the equipment and mobilize within 45 days from
issue of Letter of Award / signing of the Contract whichever is early.
Contractor shall mobilise the equipment for commencing the dredging operations to
meet the requirements of Services stipulated in Section-VII (Description of Services)
of the Contract.
The Employer after signing of Contract shall issue a notice for mobilisation to be
completed within 45 days from the date of Issue of Letter of Award /signing of
Contract whichever is early ( contract shall be signed within 21days of LOA, after
submission of the Contract performance Guarantee & legal opinion.

The Contractor shall Mobilise the Equipment required for Dredging and Disposals at
designated locations. The work shall be started with the Pre-Survey of the hard strata
jointly with the Engineer-In-Charge or his designated representative and TSSC-III.

The joint Survey will be carried out to establish the amount of dredging to be
undertaken on pre & post dredging basis in the initial 2 years during the period of
Quantity based dredging of Removal of hard strata and subsequently Joint Surveys
on weekly basis during the Performance based maintenance period for next 1 year.

Start of fairway maintenance period on performance basis:

After achieving the required depth of (+2.5 m) with width of 45m with respect to
average LWL of last 10 years in Ghazipur – Varanasi stretch (133 Km) by quantity-
based dredging of hard strata, the dredged areas are to be maintained to 2.2 m of depth
and 45m of width on LAD by performance-based maintenance dredging.

The Assured depth performance-based maintenance period shall commence after

achieving of (+2.5 m) with width of 45m with respect to average LWL of last 10 years
in by removal on quantity-based dredging of hard strata, in Ghazipur – Varanasi stretch
(133 Km) to the satisfaction of EIC.

The performance-based maintenance period shall commence after removal of

Hard Strata and achieving, the + 2.5 m depth and 45 m width or completion of
Two year
GCC 1.1 (hh)
The Works consist of Fairway Maintenance Contract for Providing Assured Least
Available Depth (LAD) of 2.2 m with 45 m channel width including Removal of Hard
Strata (Depth of cut considered (+2.5 m) with width of 45m w.r.t. average LWL of last
10 years), River Conservancy works, Channel marking etc. in Ghazipur – Varanasi
(133 km) Stretch of National Waterway -1 (River Ganga)
Obligation of the Contractor:
• To Provide fairway with a depth of (2.5m) during Quantity basis & (2.2m)
during Performance basis (2+1 years) and disposal of the dredged material
downstream at designated location and as provided in Section-VII (Description
of Services).
• To install and maintain the Day Channel Marking (Navigational Aids)
throughout the Contract Period.

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• Assistance to Normal barge and vessels / crafts movement in the channel during
dredging operation.

GCC 1.1 (ii) The following is added as GCC 1.1. (ii)

“ES” means environmental and social (including sexual exploitation and assault
(SEA)).
GCC 1.1 (jj) The following is added as GCC 1.1. (jj)

“Sexual Exploitation and Assault” “(SEA)” stands for the following:

Sexual exploitation is defined as any actual or attempted abuse of position of

vulnerability, differential power or trust, for sexual purposes, including, but not limited
to, profiting monetarily, socially or politically from the sexual exploitation of another.
In Bank financed operations/projects, sexual exploitation occurs when access to or
benefit from a Bank financed Goods, Works, Non-consulting Services or Consulting
Services is used to extract sexual gain.

Sexual assault is defined as sexual activity with another person who does not consent.
It is a violation of bodily integrity and sexual autonomy and is broader than narrower
conceptions of “rape”, especially because (a) it may be committed by other means than
force or violence, and (b) it does not necessarily entail penetration.

GCC 2.1 (a) Sectional Completions are: NOT Applicable / Not Allowed
GCC 2.2 Priority of Documents

The documents forming the Contract are to be taken as mutually explanatory of one
another. For the purposes of interpretation, the priority of the documents shall be in
accordance with the following sequence:
1) Agreement,
2) Letter of Acceptance,
3) Contractor’s Bid & Priced Bill of Quantities,
4) Amendments issued
5) Particular Conditions of Contract,
6) General Conditions of Contract including Appendices,
7) Specifications,
8) Drawings,
9) Construction Program, Methodology, Quality Assurance Program, ES
Management Strategies and Implementation Plans, and Code of
Conduct for Contractor’s Personnel (ES)
10) Joint Venture Agreement [where applicable], and
11) Post bid correspondences and any other document listed in the contract
data as forming part of the contract.
12) any other document listed in the PCC as forming part of the Contract.

If any ambiguity or discrepancy is found in the documents, the EMPLOYER /

Employer’s ENGINEER shall be the sole authority to issue any necessary clarification
or instruction in this regard.

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GCC 2.3 (i) The following documents also form part of the Contract:

a) Dredging Methodology
b) ESHS Management Strategies and Implementation Plans and EMP
(Environment Management Plan);
c) Labour Influx and Worker’s Camp Management Plan including the process for
mitigating construction related impacts on local community;
d) Code of Conduct (ESHS); and
e) JV Agreement (wherever applicable).

GCC 3 .1 The language of the contract is English.

The law that applies to the Contract is the laws of Union of India.

GCC 5.1 The EIC may delegate any of his duties and responsibilities to other suitably qualified
and experienced personnel, after notifying the Contractor, and may cancel any
delegation after notifying the Contractor.

GCC 7.1 The ceiling for sub-contractor is 25%. Hiding information about any sub-contracting
not authorized by the Employer shall be treated as violation of Appendix A to General
Conditions (Fraud and Corruption). [This is addition to what was stated in bid and
incorporated in contract agreement.]

The Contractor is specifically allowed to subcontract the following activities:

(a) 20% of all dredging work;
(b) Environmental and social monitoring.

GCC 7 Schedule of other contractors: -

The Contractor may subcontract under his own responsibility and without prior
approval of the Employer the following Works and Services provided they do not
represent more than 10 percentage of the contract value:

(a) 20% of all dredging work;

(b) Environmental and social monitoring.

GCC 9.1 Key Personnel:

GCC 9.1 is replaced with the following:

Key Personnel are the Contractor’s personnel named in this GCC 9.1 of the Particular
Conditions of Contract. The Contractor shall employ the Key Personnel identified in
its Bid, to carry out the Works. The contractor shall not change Key personnel indicated
in their bid.

If, for any reason beyond the reasonable control of the contractor, it becomes necessary
to replace any of the key personnel, the contractor shall provide a replacement a person
of equivalent or better qualification and experience with the approval of EIC/Project
Manager.

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The Contractor shall have a Code of Conduct for the Contractor’s Personnel, and shall
ensure that each Contractor’s Personnel is provided a copy of this Code of Conduct,
written in a language comprehensible to that person, and shall seek to obtain that
person’s signature acknowledging receipt of the same.

The Contractor shall also ensure that the Code of Conduct is visibly displayed in
multiple locations on the Site and any other place where the Works will be carried out,
as well as in areas outside the Site accessible to the local community and project
affected people. The posted Code of Conduct shall be provided in languages
comprehensible to Contractor’s Personnel, Employer’s Personnel and the local
community.

[insert the name/s of each Key Personnel agreed by the Employer prior to Contract
signature, Schedule of Key Personnel and equipment as indicated in accepted bid &
construction methodology].

GCC 9.2 (e.) The following is inserted after GCC 9.2 (d) as GCC 9.2 (e), (f), and (g):
“(e) based on reasonable evidence, is determined to have engaged in Fraud and
Corruption during the execution of the Works;
(f) has been recruited from the Employer’s Personnel without due clearance;
(g) breaches the Code of Conduct for the Contractor’s Personnel (ES).”

GCC 9.10 The following is inserted as GCC 9.10:

“The Contractor shall provide the Contractor’s Personnel information and

documentation that are clear and understandable regarding their terms and conditions
of employment. The information and documentation shall set out their rights under
relevant labour Laws applicable to the Contractor’s Personnel (which will include any
applicable collective agreements), including their rights related to hours of work,
wages, overtime, compensation and benefits, as well as those arising from any
requirements in the Specification; and shall also include the Code of Conduct for
Contractor’s Personnel. The Contractor’s Personnel shall be informed when any
material changes to their terms or conditions of employment occur.”

GCC 9.11 The following is inserted as GCC 9.11:

“The Contractor shall provide appropriate training to relevant Contractor’s Personnel

on ES aspects of the Contract, including appropriate sensitization on prohibition of
SEA, and health and safety training. As stated in the Specification or as instructed by
the Project Manager, the Contractor shall also allow appropriate opportunities for the
relevant Contractor’s Personnel to be trained on ES aspects of the Contract by the
Employer’s Personnel.

The Contractor shall provide training on SEA, including its prevention, to any of its
personnel who has a role to supervise other Contractor’s Personnel.

GCC 13.1 The Contractor shall take out and maintain in effect the following insurances in the
sums and deductibles shown below:
(i) Third Party motor vehicle: INR 4,000,000/-

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(ii) Third Party liability: as per vessel Inland Act.

(iii) Group Insurance Cover for the persons on Vessel / Board.
(iii) Employer’s liability and workers’ compensation: Nil
(iv) Professional liability: Twice the value of contract for the entire period
of the contract
(v) Loss or damage to equipment and property: Minimum INR
10,000,000/- for each accident for the currency of the contract.

GCC 13.5 Following is inserted after GCC 13.4

Insurance
1. Insurance of Works

Contractor is required to take Contractor’s All Risk Policy or erection all risk policy
(as the case may be) from an approved insurance company in the joint name with the
Employer and bear all costs towards the same for the full period of execution of works
including the defect liability period for the full amount of contract against all loss of
damage from whatever cause arising other than excepted risks for which he is
responsible under the terms of the contract and in such manner that the Employer and
the contractor are covered during the period of construction of works and/or also
covered during the period of defect liability for loss or damage

A. The work and the temporary works to the full value of such works.
B. The materials, construction plant, centering, shuttering and scaffolding
materials and other things brought to the site for their full value.

Whenever required by the Employer, the contractor shall produce the policy or the
policies of insurance and the receipts for payment of the current premium.

[Link] under Workmen Compensation Act

Contractor is required to take insurance cover under the Workman Compensation Act,
1923 as amended from time to time from an approved insurance company and pay
premium charges thereof. Wherever required by the Employer the contractor shall
produce the policy or the policies of Insurance and the receipt of payment of the current
premiums.

[Link] Party Insurance

Contractor is required to take third party insurance cover for an amount of 5% (five
percent) of contract value from an approved insurance company for insurance against
any damage, injury or loss which may occur to any person or property including that
of the Employer, arising out of the execution of the works or temporary works.
Wherever required by the Employer the contractor shall produce the policy or the
policies of Insurance and the receipt of payment of the current premiums. In case of
failure of the contractor to obtain contractors all risk policy, insurance under workman
compensation act and third party insurance as described above within one month from
the date of commencement of work, running account payments of the contractor shall
be withheld till such time the aforesaid insurance covers are obtained by the contractor.
If the Contractor could not effect a comprehensive insurance cover against risks which
he may be required to effect under the terms of the contract, then he shall give his
attention to get the best insurance cover available and even in case of effecting a wider

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insurance cover than the one which the subsidiary of the General Insurance Company
could offer, such an insurance is ought to be done after the Employers approval, by or
through the subsidiary of the General Insurance Company.

4. Indemnify the Employer

The Contractor shall at all times indemnify the Employer against all claims, damages
or compensation under the provision of Payment of Wages Act-1936, Minimum Wages
Act-1948, Employer’s liability Act-1938, the Workmen’s Compensation Act-1947,
Industrial Disputes Act-1947 and Maternity Benefit Act-1961 or any modifications
thereof or any other law in force or as consequence of any accident or injury to any
workman or other persons in or about the works, whether in the employment of the
contractor or not, against all costs, charges and expenses of any suit, action or
proceedings arising out of such incident or injury and against all sum or sums which
may with the consent of the contractor be paid to compromise or compound any such
claim. Without limiting his obligations and liabilities as above provided, the contractor
shall insure against all claims, damages or compensation payable under the Workmen’s
Compensation Act 1923 or any modification thereof or any other law relating thereto.”

5. Damage to Persons and Property

The Contractor shall, except if and so far as the Contract provides otherwise, indemnify
the Employer against all losses and claims in respect of:
(a) death of or injury to any person, or
(b) loss of or damage to any property (other than the Works), which may arise out of
or in consequence of the execution and completion of the Works and the remedying of
any defects therein, and against all claims, proceedings, damages, costs, charges and
expenses whatsoever in respect thereof or in relation thereto, subject to the exceptions
defined in Sub-Clause 6.

[Link]
The “exceptions” referred to in Sub-Clause 5 are:
(a) the permanent use or occupation of land by the Works, or any part thereof,
(b) the right of the Employer to execute the Works, or any part thereof, on, over,
under, in or through any land,
(c) damage to property which is the unavoidable result of the execution and
completion of the Works, or the remedying of any defects therein, in accordance with
the Contract, and
(d) death of or injury to persons or loss of or damage to property resulting from
any act or neglect of the Employer, his agents, servants or other contractors, not being
employed by the Contractor, or in respect of any claims, proceedings, damages, costs,
charges and expenses in respect thereof or in relation thereto or, where the injury or
damage was contributed to by the Contractor, his servants or agents, such part of the
said injury or damage as may be just and equitable having regard to the extent of the
responsibility of the Employer, his servants or agents or other contractors for the injury
or damage.

[Link] by Employer
The Employer shall indemnify the Contractor against all claims, proceedings,
damages, costs, charges and expenses in respect of the matters referred to in the
exceptions defined in Sub-Clause.6.

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[Link] Liabilities
The insurance policy shall include a cross liability clause such that the insurance shall
apply to the Contractor and to the Employer as separate insured.

[Link] or Injury to Workmen

The Employer shall not be liable for in respect of any damages or compensation
payable to any workman or other person in the employment of the Contractor or any
Subcontractor, other than death or injury resulting from any act or default of the
Employer, his agents or servants. The Contractor shall indemnify and keep indemnified
the Employer against all such damages and compensation, other than those for which
the Employer is liable as aforesaid, and against all claims, proceedings, damages, costs,
charges, and expenses whatsoever in respect thereof or in relation thereto.

[Link] and Terms of Insurances

The Contractor shall provide evidence to the Employer as soon as practicable after the
respective insurances have been taken out but in any case prior to the start of work at
the Site that the insurances required under the Contract have been effected and shall,
within 84 days of the Commencement Date, provide the insurance policies to the
Employer. When providing such evidence and such policies to the Employer, the
Contractor shall notify the Engineer of so doing. Such insurance policies shall be
consistent with the general terms agreed prior to the issue of the Letter of Award. The
Contractor shall effect all insurances for which he is responsible with insurers and in
terms approved by the Employer.

[Link] of Insurances
The Contractor shall notify the insurers of changes in the nature, extent or programme
for the execution of the Works and ensure the adequacy of the insurances at all times
in accordance with the terms of the Contract and shall, when required, produce to the
Employer the insurance policies in force and the receipts for payment of the current
premiums.

[Link] on Contractor’s Failure to Insure

If the Contractor fails to effect and keep in force any of the insurances required under
the Contract, or fails to provide the policies to the Employer within the period required
by Sub-Clause 21.10, then and in any such case the Employer may effect and keep in
force any such insurances and pay any premium as may be necessary for that purpose
and from time to time deduct the amount so paid from any monies due or to become
due to the Contractor, or recover the same as a debt due from the Contractor.

[Link] with Policy Conditions

In the event that the Contractor or the Employer fails to comply with conditions
imposed by the insurance policies effected pursuant to the Contract, each shall
indemnify the other against all losses and claims arising from such failure.

[Link] of Insurance
The Contractor shall place all insurance relating to the Contract (including, but not
limited to, the insurance referred to 13.2 with insurers from India.

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GCC 14.1 Site Data are:

The relevant drawings, Geotechnical Investigation Report for Hard strata (Jan, 2020),
tentative shoal details with chainages as attached with this document.

GCC 15.2 The following is added as sub-clause 15.2:

“If so instructed by Project Manager, the Contractor shall submit to the Project
Manager for review, a health and safety manual, specifically prepared for the Works,
the Site and other places (if any) where the Contractor intends to execute the Works.
The manual shall be in addition to any other similar document required under
applicable health and safety regulations and Laws. The health and safety manual and
its updates shall be reviewed along with the Contractor’s Environmental and Social
Management Plan (C-ESMP) described in sub-clause 16.2.”

Delete GCC sub-clauses 15.2.1 and GCC 15.2.2.

GCC 16.1 ESHS Management Strategies and Implementation Plans

The following is inserted as a new sub-clause 16.2

“The Contractor shall not carry out mobilization to Site (e.g. limited clearance for haul
roads, site accesses and work site establishment, geotechnical investigations or
investigations to select ancillary features such as quarries and borrow pits) unless the
Project manager gives consent, a consent that shall not be unreasonably delayed, that
appropriate measures are in place to address environmental and social risks and
impacts, which at a minimum shall include applying the Management Strategies and
Implementation Plans (MSIPs) and Code of Conduct for Contractor’s Personnel
submitted as part of the Bid and agreed as part of the Contract.

The Contractor shall submit, to the Project manager for Review any additional MSIPs
as are necessary to manage the ES risks and impacts of ongoing Works (e.g.
excavation, earth works, bridge and structure works, stream and road diversions,
quarrying or extraction of materials, concrete batching and asphalt manufacture).
These MSIPs collectively comprise the Contractor’s Environmental and Social
Management Plan (C-ESMP). The Contractor shall review the C-ESMP, periodically
(but not less than every six (6) months), and update it as required to ensure that it
contains measures appropriate to the Works. The updated C-ESMP shall be submitted
to the Project manager for Review.”

GCC 19 Add GCC 19.2 as below:

Material of any Kind obtained from excavation on the site shall remain the property of
the Authority and shall be disposed of as directed by the Engineer-in-Charge. However,
if any of the materials thus obtained from excavation on the site is such as can be used
in the execution of work under the contract, the contractor will be allowed to use the
same free of cost (except that any amount of royalty paid for in this regard by the
Authority shall be recoverable from the contractor) for the aforesaid purpose provided
the same is found suitable and is approved by the Engineer-in-Charge.

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Fossils, coins, articles of value, structures and other remains of things of geological or
archaeological interest discovered on the site shall be the absolute property of the
Authority. The contractor shall take reasonable precautions to prevent his labour or any
other person from removing or damaging any such article or things and shall acquaint
the Engineer-in-Charge/Project Manager with such discovery and carryout the
Engineer-in-Charge’s directions as to the disposal of the same at the expense of the
Authority.

GCC 20.1 The Start Date/Date of commencement of work shall be not later than 45 days after the
issuance of the Letter of Award / Acceptance by the Employer.

The Site Possession Date(s) shall be: Date on which Contractor mobilizes at site.

GCC 22.1 During the Quantity-based dredging period, the Dredging quantity will be measured
on monthly basis by conduction the joint pre-dredging and post dredging surveys. The
employer has engaged a third-party supervision agency (TSSC-III) who shall be
participating in the Joint Pre & Post Survey. The monthly dredged quantities shall be
certified by TSSC-III for further submission to EIC & employer.

During the Performance-based dredging period, the LADs shall be measured on

weekly basis by conduction the joint weekly surveys. The employer has engaged a
third-party supervision agency (TSSC-III) who shall be participating in the Joint
Surveys along with the Employer’s personnel. The LADs and Day channel marks shall
be certified by TSSC-III for further submission to EIC & Employer.

GCC 23.1 & Name of the agreed Adjudicator ………………………………………... (insert name
GCC 23.2 before signing contract).

Appointing Authority for the Adjudicator: Indian Council of Arbitration.

GCC 24.3 Daily rate and types of reimbursable expenses to be paid to the Adjudicator: [insert
daily fees [not less than Rs. 10,000 per day] and reimbursable expenses –
boarding/lodging/travel etc.]

GCC 24.4 The procedure for adhoc arbitration will be as under:

a) In case of Dispute or difference arising between the Employer and a Contractor

relating to any matter arising out of or connected with this agreement, such
disputes or difference shall be settled in accordance with the Arbitration and
Conciliation Act, 1996. The arbitral tribunal shall consist of 3 Arbitrators one
each to be appointed by the Employer and the Contractor. The third Arbitrator
shall be chosen by the two Arbitrators so appointed by the Parties and shall act
as Presiding Arbitrator. In case of failure of the two Arbitrators appointed by
the parties to reach upon a consensus within a period of 30 days from the
appointment of the Arbitrator appointed subsequently, the Presiding Arbitrator
shall be appointed by the Indian Council of Arbitration

b) If one of the parties fails to appoint its Arbitrator in pursuance of sub-clause (a)
above within 30 days after receipt of the notice of the appointment of its

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Arbitrator by the other party, then the Indian Council of Arbitration, shall
appoint the Arbitrator. A certified copy of the order of the Indian Council of
Arbitration, making such an appointment shall be furnished to each of the
parties.

c) Arbitration may be commenced prior to or after completion of the Works,

provided that the obligations of the Employer, the Project Manager, the
Contractor and the Adjudicator shall not be altered by reason of the arbitration
being conducted during the progress of the Works.

d) Arbitration proceedings shall be held at New Delhi and the language of the
arbitration proceedings and that of all documents and communications between
the parties shall be English.

e) The decision of the majority of Arbitrators shall be final and binding upon both
parties. The cost and expenses of Arbitration proceedings will be paid as
determined by the arbitral tribunal. However, the expenses incurred by each
party in connection with the preparation, presentation, etc. of its proceedings as
also the fees and expenses paid to the Arbitrator appointed by such party or on
its behalf shall be borne by each party itself.

f) Deleted.
g) The Arbitrator should give final award within 180 days of starting of the
proceedings
Performance under the contract shall continue during the arbitration proceedings and
payments due to the contractor by the Employer shall not be withheld, unless they are
the subject matter of the arbitration proceedings.

B. Time Control
GCC 26.1 The Contractor shall submit a Program for the Works within 14 days of delivery of the
Letter of Acceptance.

GCC 26.2 Inserted at the end of GCC 26.2

ES Reporting
“In addition to the progress report, the Contractor shall also provide a report on the
Environmental and Social (ES) metrics set out in Appendix B. In addition to Appendix
B reports, the Contractor shall inform the Project Manager immediately of any
allegation, incident or accident in the Site, which has or is likely to have a significant
adverse effect on the environment, the affected communities, the public, Employer’s
Personnel or Contractor’s Personnel. This includes, but is not limited to, any incident
or accident-causing fatality or serious injury; significant adverse effects or damage to
private property; or any allegation of SEA. In case of SEA, while maintaining
confidentiality as appropriate, the type of allegation (sexual exploitation, or sexual
assault), gender and age of the person who experienced the alleged incident should be
included in the information.

The Contractor, upon becoming aware of the allegation, incident or accident, shall also
immediately inform the Project Manager of any such incident or accident on the
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Subcontractors’ or suppliers’ premises relating to the Works which has or is likely to

have a significant adverse effect on the environment, the affected communities, the
public, Employer’s Personnel or Contractor’s, its Subcontractors’ and suppliers’
personnel. The notification shall provide sufficient detail regarding such incidents or
accidents. The Contractor shall provide full details of such incidents or accidents to the
Project Manager within the timeframe agreed with the Project Manager.

The Contractor shall require its Subcontractors to immediately notify the Contractor of
any incidents or accidents referred to in this Sub-clause.”

GCC 26.3 The period between Program updates is 90 days.

The amount to be withheld for late submission of an updated Program is Rs. 500,000.

GCC 26.4 Any revision in Program should only be agreed in writing.

GCC 27.1 Intended Completion Date: The Intended Completion Date is Three years from the
“Date of Commencement of Services”.

GCC 27.2 Extension of Contract beyond 3 years:

The Contract is extendable for further period of 2 Years based on satisfactory
performance. For the purpose of rates, the same shall be worked out based on the lump
sum quoted amount for third year in the awarded cost (their bid) with existing Terms
and Conditions. Price Adjustment shall be payable as per existing Terms & Conditions
for this extended period.

GCC 30 Venue of management meeting will be IWAI – NOIDA

C. Quality Control
GCC 34.3 The Defects Liability Period is: [NIL] days. – Not Applicable

D. Cost Control
GCC 37 For first 2 years of Quantity based dredging, payment will be based on actual quantities
executed and certified by TSSC-III & EIC. For 3rd year of Performance based period,
payment will be based on assured LAD of 2.2 m and 45 m channel width and sufficient
day channel marks ascertained by 4 weekly joint surveys in a month and as certified
by TSSC-III & EIC.

GCC 38.2 In GCC 38.2, add the following after the first sentence:

“The Contractor shall also provide a description of the varied work performed or to be
performed, including details of the resources and methods adopted or to be adopted by
the Contractor, and sufficient ES information to enable an evaluation of ES risks and
impacts of the Variation.”

GCC 40.1 GC 40.1 to be read as:

Payment: Quantity Based dredging

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The Contractor shall submit monthly Running Account Bills (RA Bills) on or before
10th of the month for the quantity and / or work executed for the month. The Contractor
shall be paid monthly as per the RA Bills submitted for the certified quantity dredged
based on pre & post surveys with all obligations completed within one month from
submission of bill.

The contractor will submit the RA Bill in triplicate for shoal dredged corresponding to
a length and quantity to the Engineer-in-Charge, which could be decided after the pre
and post dredging survey depending on length of shoal to be dredged.

The running bills for dredging shall be accompanied with 3 sets each of pre and post
dredging survey charts and also detailed calculations of dredging quantity (both area
of shoal and volume dredged also including the width of the channel).
GCC 40.1.1 Payment for Performance based maintenance period,

Inspection and Approvals

Add after existing GCC 40.1 as following:
Services provided by the Contractor during performance-based dredging period
(3rd year) shall be checked every week through a Joint Survey by Engineer–in-
Charge / EIC’s Representative, TSSC-III and Contractor in the manner tabulated
below:
SN Inspection Employer’s Contractor’s Representative
schedule representative
1 1st Week of JHS / TA / One Hydrographic Surveyor & one
every month SUPERVISOR supervisor / Engineer
2 2nd Week of AD / AHS / TA / One Hydrographic Surveyor & One
every month JHS Engineer
3 3rd Week of JHS / TA / One Hydrographic Surveyor & One
every month SUPERVISOR / supervisor / Engineer
FA
4 4th Week of DD / AHS / AD / One Hydrographic Surveyor & One
every month JHS / One Officer senior level officer by the Project
from HQ Manager
TA - Technical Assistant, JHS - Junior Hydrographic Surveyor,
FA - Field Assistant, DD - Deputy Director,
AHS - Assistant Hydrographic Surveyor, AD - Assistant Director
GCC 40.3 Measurements during Quantity Based dredging
The quantity of dredged materials during quantity-based dredging period in 1st &2nd
year of contract progress shall be measured by pre and post dredging surveys done in
1:1200 scale.

GCC 40.3.1 Measurements during Performance based maintenance period

Works & Services provided by the Contractor shall be checked every week through a
Joint Survey by Engineer–in-Charge / Employer’s Representative, Technical Support
Services Consultant – III and Contractor in the manner tabulated at 40.1.1 above.

The scale of surveys should be 1:5000 for all four weekly surveys in the month.
Contractor will prepare the survey charts and submit to Employer for approval along
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with soft copy, Echo roll, Measurement Book etc. related to the measurement.
Employer will issue the approved charts to the Contractor.

The measurement of depth in the navigation channel shall be carried out by conducting
bathymetric survey every week jointly & its chart should be plotted by the Contractor
in presence of Employer’s representative. However, Contractor shall also ensure
measurement of width in each survey and shall carry out the surveys in order to define
the minimum width of 45 m as specified in Scope.

In case shortcomings in maintaining the specified LAD and width of channel are
observed by the Employer’s representative, the cross-sectional survey shall be carried
out and the cross-sectional interval shall be 10 m apart and soundings shall be taken
continuously and plotted at 4 m interval on the cross section
The cross-section shall be extended, if necessary, up to 20 m beyond the limits of the
channel on each side with a view to determining the remedial measures to be taken by
the Contractor.

Sounding vessel/ boat, equipment, personal & other logistics required for conducting
surveys/ inspection shall be arranged by the Contractor at his cost. Generally,
recording type multi-beam echo-sounder with digital output shall be used in all survey
work. However, keeping in view the site conditions and practicability/prevailing
weather conditions, the Engineer-in-Charge shall after consulting the Contractor
decide and advise the Contractor as to the method of measurement to be adopted.

GCC 40.3.1 Joint surveys shall be conducted in Automatic Hydrographic Survey System
(HYPACK) and recorded data in soft copy shall be submitted to the Employer.
The scale of surveys should be 1:5000 for all four weekly surveys in the month.
Contractor will prepare the survey charts and submit to Employer for approval along
with soft copy, Echo roll, Measurement Book etc. related to the measurement.
Employer will issue the approved charts to the Contractor.

GCC 40.7 Add new GCC 40.7:

“40.7 if the Contractor was, or is, failing to perform any ES obligations or work under
the Contract, the value of this work or obligation, as determined by the Project
Manager, may be withheld until the work or obligation has been performed, and/or the
cost of rectification or replacement, as determined by the Project Manager, may be
withheld until rectification or replacement has been completed. Failure to perform
includes, but is not limited to the following:
failure to comply with any ES obligations or work described in the Works’
Requirements which may include: working outside site boundaries, excessive dust,
damage to offsite vegetation, pollution of water courses from oils or sedimentation,
contamination of land e.g. from oils, human waste, damage to archaeology or cultural
heritage features, air pollution as a result of unauthorized and/or inefficient
combustion;
a) failure to regularly review C-ESMP and/or update it in a timely manner to
address emerging ES issues, or anticipated risks or impacts;

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b) failure to implement the C-ESMP e.g., failure to provide required training or

sensitization;
c) failing to have appropriate consents/permits prior to undertaking Works or
related activities;
d) failure to submit ES report/s (as described in Appendix B), or failure to submit
such reports in a timely manner;
e) failure to implement remediation as instructed by the Project Manager within
the specified timeframe (e.g., remediation addressing non-compliance/s).

GCC 41.1 a. The Payment of the Contract Price will be made in – INR

b. The amount, exclusive of GST which will be payable extra by the Employer as
legally applicable, in INR

c. The Contractor shall be eligible to claim payments for services rendered by him
during Performance based maintenance period of 1 year as a percentage of the
value of the works for this performance period of 1 years for the respective month
of the year of operation in accordance with the details tabulated below.

Sl no month % Applicable for the relevant

month of service during
Performance based maintenance
period
1 January 10.0
2 February 10.0
3 March 10.0
4 April 10.0
5 May 10.0
6 June 7.50
7 July 5.0
8 August 5.0
9 September 5.0
10 October 7.5
11 November 10.0
12 December 10.0
100.0
GCC 41.1.1 Interest rate for Delayed payment is for INR: SBI Prime Lending Rate + 2% per
annum.

GCC 45.1 GCC 45.1 to be read as:

FUEL ESCALATION / DE-ESCALATION
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The Price Adjustment will be done on monthly basis.

No Escalation applicable for the first year of contract. From second year onwards,
any variation (increase / decrease) in prices of main fuel actually used for the dredger
only shall be paid / adjusted as per the standard escalation clause with fuel element
factor as 0.28 and as detailed as below:

R = 0.85 x Q x Vr x (P-Po)/ Po
Where;
R = Amount payable as per fuel variation
Q = Fuel element factor = 0.28

Po= Price of Main fuel inclusive of all taxes, duties, levies, Transportation, and OT,
etc. at nearest supply location of stretch / region as on date of submission of tender
as per circular.

P = Average Price of Main fuel for the month under consideration inclusive of all
taxes, duties, levies, Transportation, and OT, etc. at nearest supply location of stretch
/ region as per circular.

Vr= Value of work done during the month under consideration after making
deductions for failure to achieve LAD and channel width as stipulated in PC 47.1.
IOCL/BPCL/HPCL official fuel circular shall be used for calculation of Po and P in
the Fuel escalation formula.
GCC 46.1 Retention Money – Not Applicable.
GCC 47.1 The Liquidated Damages (LD) is applicable.
(i) During Quantity Based dredging period of 2 year from date of commencement
of Services:
A. The estimated quantity of approx. 802586 cum of hard strata is to be dredged
during the period of 24 months (Quantity based dredging period).
B. In case, the contractor fails to complete the removal of hard strata quantity within
stipulated period of 24 months, without prejudice to any other right or remedy
available under the law to the Authority on account of such breach, pay as agreed
liquidated damages the amount calculated at the rates stipulated below:
The liquidated damages will be calculated on the delay beyond the stipulated
contract period of 24 months @ 0.05 % per day of the contract value (Quantity
based dredging value) for the delay beyond the scheduled completion period of 24
months.
C. The Total amount of damages for the delayed execution during Quantity based
dredging period of 2 year shall not exceed 10% of the amount quoted by the bidder
for 1st & 2nd year for hard strata removal.
GCC 47.1.1 During Performance based maintenance period,
If in any stretch of the channel, available depth or bottom width of channel is found to
be less than that specified in Section VII, Description of Services, as determined during
the course of weekly joint surveys conducted in accordance with GCC 40.1.1,
deduction shall be made from the Contractor’s monthly bills as following:

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Sl. Deductions for the Performance based Deduction to be applied as

no maintenance Period of services percentage of monthly bill for
each non-compliance found in a
LAD = 2.2 M & CBW= 45 M joint weekly survey during the
month
1 On achieving the LAD of 2.2 m & Nil
width of 45 m
2 On achieving the LAD of 2.1 m & 20% for each weekly default
width of 45m
3 On achieving the LAD of 2.0 m & 30% for each weekly default
width of 45 m
4 On achieving the LAD of 1.9 m & 50% for each weekly default
width of 45 m
5 For a depth less than 1.9 m & width of 100% for each weekly default
45 m
a. If a weekly joint survey establishes that the Contractor has failed to maintain the
navigational marks (day channel marks) according to stipulations in Section
VII, Description of Services to the Contract, deductions shall also be made from
the respective monthly bill @ 5% of the verified payable amount for each such
weekly default (After deducting for non-maintenance of LAD).

b. If the contractor consistently fails to execute the contract in Performance based

maintenance period, and total amount of payment deduction and liquidated
damages applied under this contract reaches ten (10) percent of total amount
quoted for Performance based maintenance period of 1 years, then it will be
considered as fundamental breach of contract under GCC 57.2.

c. In the event, if the Dredging Contractor does not provide the minimum 2.2 m
LAD & 45 M channel bottom width (CBW) in all four weeks in a month then,
apart from the above deductions as per PCC 47.1.1, an additional penalty @
1% of the maximum bill that would have been claimed in that month (i.e., if no
default condition) shall be recovered in next RA bill of the dredging contractor.

d. In the event, the above condition persists continuously for three months, then,
penalty applicable shall be @ 2% of the maximum bill that would have been
claimed in that month (i.e., if no default condition) shall be recovered in next
RA bill of the dredging contractor and this shall be continued to be deducted
until the default condition persists. The penalty effected & deduction made on
account of Lack of Performance shall not be refundable.

The Operation of the Table shall be as under

Monthly payment (Mp) = %age of contract
Price
Weekly Default Deductions (Wd)1,2,3,4
=
= [Mp/4) * %age] where %age of default
Formulae:

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1) Monthly amount payable (Map) =

Map = Mp – [Wd1+Wd2+Wd3+Wd4]
2) Monthly Due = Md = Map (In case of No default)
= [Map – 1% of Map] (In case of default)
Example:
Suppose
a. Contract price for full year is ₹100 Cr for third year of performance-based
dredging (excl. taxes) and
b. Operating Month of November (refer table in SCC 6.1) with 10%.
Therefore, in case of

A) No Default Condition (with LAD of 2.2 m and width of 45 m with sufficient

day channel marks)
Amount Payable for month of November = Mp = Map = Md = ₹10 Cr

B) Default with following LADs:

Deduction Week1 = 2.2 m 0%

deduction Week2 = 2.1 m 20%
deduction Week3 = 2.5 m 0%
deduction Week4 = 1.9 m 50%
Using Formula-1

Map for November = Mp – [0 + (Mp/4 * 20%) + 0 + (Mp/4) *

50%]
= ₹10 Cr – [0 + 20% of ₹ (10/4) Cr + 0 + 50% of ₹(10/4)
Cr]
= ₹10 Cr - ₹1.75 Cr = ₹8.25 Cr
Using Formulae-2 (Default in providing of day channel
marks in any weekly survey)
Monthly Due to Contractor
(Md) = [Map – 1% of Map]
So, Payment due to the Contractor for the month of November in default condition
(Less nos. of Day channel marks) will be: Md for November = [Map for November –
1% of Map for November]
= ₹8.25 Cr – 1% of ₹8.25 Cr
= ₹ 8.1675 Cr
GCC 48.1 Deleted.
GCC 49 The amount of the Advance Payment is ten (10) percent of the Contract Price.
The Advance payment will be made after verification of the unconditional Bank
Guarantee submitted against Advance Payment Security.

Repayment of Advance:
The advance shall be recovered equally in 24 Months from the monthly Running
Account bills submitted from the 2nd RA Bill from the Date of Commencement /
Mobilisation of Works irrespective of the RA bill amount. In case, the monthly RA bill
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for any month is less than the advance amount to be recovered, then the same shall be
recovered from the subsequent RA bill along with the recovery of advance for that
month.
If the advance payment has not been repaid prior to the issue of the Taking-Over
Certificate for the Works or prior to termination of the Contract, the whole of the
balance then outstanding shall immediately become due and payable by the Contractor
to the Employer.
The advance payment security (demand guarantee) shall be issued by a reputable bank
or financial institution selected by the Contractor and shall be in the Advance Payment
Security Form included in Contract Forms, or in another form approved by the
Employer.

The Contractor shall ensure that the guarantee is valid and enforceable until the
advance payment has been fully repaid.

The amount of the security shall be reduced in proportion to the value of the Works
and Services executed by and paid to the Contractor from time to time, and shall
automatically become null and void when the full amount of the advance payment has
been recovered by the Employer. If the terms of the guarantee specify its expiry date,
and the advance payment has not been repaid by the date 28 days prior to the expiry
date, the Contractor shall extend the validity of the guarantee until the advance
payment has been repaid. The security shall be returned to the Contractor immediately
after its expiration.

GCC 50.1 An Environmental, Social, Safety and Health (ESHS) Performance Security
“GCC 50.1 is replaced with the following:

a) The Performance Security and an Environmental, Social, Safety and Health (ESHS)
Performance Security shall be provided to the Employer no later than the date specified
in the Letter of Acceptance and shall be issued in the amounts specified in the PCC
(for GCC 50.1), and shall be issued by a Nationalized or Scheduled bank in India. The
Performance Security including additional security for unbalanced bids, and the ESHS
Performance Security, shall be valid until a date 28 days from the date of issue of the
Certificate of Completion.”
b) The Contractor shall, within twenty eight (28) days of the notification of contract
award, provide a Performance Security and an Environmental, Social, Safety and
Health (ESHS) Performance Security for the due performance of the Contract.

• The Performance Security will be in the form of a ‘demand guarantee’ in the

amount of 5 % of the contract amount in the types and proportions of the
currencies in which the Contract Price is payable, or in a freely convertible
currency acceptable to the Employer.
• The ESHS Performance Security will be in the form of a “demand
guarantee” in the amount(s) of 1.5% of the Contract Amount and in the same
currency(ies) of the Accepted Contract Amount.
• Plus, additional security for unbalanced bids (if any) to be decided during
evaluation of bids and informed to Bidders at the time of Pre-award
discussions.
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The standard forms of Performance Security, and if applicable ESHS performance

security, acceptable to the Employer shall be unconditional Bank Guarantees from
Scheduled or Nationalized banks in India of the types as presented in Section X of the
Bidding Documents.
Throughout this bidding document the term ’performance security’, unless the context
clearly indicates otherwise, means and includes both ‘the performance security and the
ESHS performance security’ to be submitted by the successful bidder in the amounts
specified above.
The Performance Security shall be issued by a reputable bank or financial institution
selected by the Contractor, and shall be in the Performance Security Form included in
Section IX, Annex to the Particular Conditions – Contract Forms, or in another form
approved by the Employer. The ESHS Performance Security shall be issued by a
reputable bank selected by the Contractor, and shall be in the ESHS Performance
Security Form included in Section IX, Annex to the Particular Conditions – Contract
Forms, or in another form approved by the Employer. A foreign institution providing
a Performance Security or ESHS Performance Security shall have a correspondent
financial institution located in the Employer’s Country. The performance security and
the ESHS performance security, of a Joint Venture shall be in the name of the Joint
Venture specifying the names of all the members.
The Contractor shall ensure that the Performance Security and the ESHS Performance
Security are valid and enforceable until the Contractor has executed and completed the
Works and Services and other obligations (including defect liability and satisfactory
performance of the ESHS obligations) under the Contract. If the terms of the
Performance Security and ESHS Performance Security specify expiry dates, and the
Contractor has not yet executed and completed the Works and Services and other
obligations under the Contract, by the date 28 days prior to the expiry date, the
Contractor shall extend the validity of the Performance Security and the ESHS
Performance Security until the Works and Services and all other obligations under the
Contract have been completed.
The term ’performance security’, unless the context clearly indicates otherwise or
unless the ESHS performance security is not required to be submitted, means and
includes both ‘the performance security and the ESHS performance security’ submitted
by the successful bidder.

E. Finishing the Contract

GCC 54.1 Not Applicable.

Partial completion shall not be accepted, and no partial completion certificate shall be
issued.

GCC 56.1 Not Applicable.

GCC 57.6 Foreclosure of Contract – Added

If at any time after acceptance of the tender the Authority decides to abandon or reduce
the scope of the works for reasons whatsoever and hence does not require the whole or
any part of the works to be carried out, the Engineer-in- Charge (with the prior approval
of competent authority) shall give notice in writing to that effect to the contractor.

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However, pro-rata payment shall be made for the completed works, as agreed mutually.

GCC 57.2 (g) Deleted

GCC 57.2(l) Hiding any information regarding changes in roles and responsibilities of JV members,
which is not authorized by the Employer, shall also be treated as violation of Appendix
A to General Conditions (Fraud and Corruption).

GCC 58.1 The percentage to apply to the value of the work not completed, representing the
Employer’s additional cost for completing the Works, is 20%.

GCC 59.1 Not Applicable

In addition to be above, the following shall also form part of GCC / SCC
GCC 62.0 62.1 “Force Majeure” shall mean any event beyond the reasonable control of the
Force Majeure Employer or of the Contractor, as the case may be, insofar as they directly affect
the execution of the Services and Works included in this Contract and which is
unavoidable notwithstanding the reasonable care of the party affected, and shall
include, without limitation, the following:

(a) war, hostilities or warlike operations (whether a state of war be declared or not),
invasion, act of foreign enemy and civil war;
(b) rebellion, revolution, insurrection, mutiny, usurpation of civil or military
government, conspiracy, riot, civil commotion and terrorist acts;
(c) confiscation, nationalization, mobilization, commandeering, requisition by or
under the order of any government or de jure or de facto authority or ruler or
any other act or failure to act of any local state or national government
authority;
(d) strike, sabotage, lockout, embargo, import restriction, port congestion, lack of
usual means of public transportation and communication, industrial dispute,
shipwreck, shortage or restriction of power supply, epidemics, quarantine and
plague;
(e) earthquake, landslide, volcanic activity, fire, flood or inundation, tidal wave,
typhoon or cyclone, hurricane, storm, lightning, or other inclement weather
condition, nuclear and pressure waves or other natural or physical disaster;
(f) Shortage of labour, materials or utilities where caused by circumstances that
are themselves Force Majeure.
(g) In the event water level falling below the ‘minimum of last 30 years’ from the
Central Water Commission (CWC) gauge situated at “VARANASI”.

62.2 If either party is prevented, hindered or delayed from or in performing any of

its obligations under the Contract by an event of Force Majeure, then it shall
notify the other in writing of the occurrence of such event and the circumstances
thereof within fourteen (14) days after the occurrence of such event.
62.3 The party who has given such notice shall be excused from the performance or
punctual performance of its obligations under the Contract for so long as the
relevant event of Force Majeure continues and to the extent that such party’s
performance is prevented, hindered or delayed. The Time for Completion shall
be extended in accordance with GC Clause 64.

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62.4 The party or parties affected by the event of Force Majeure shall use reasonable
efforts to mitigate the effect thereof upon its or their performance of the
Contract and to fulfil its or their obligations under the Contract, but without
prejudice to either party’s right to terminate the Contract under GC Sub-Clause
38.6.
62.5 No delay or non-performance by either party hereto caused by the occurrence
of any event of Force Majeure shall
(a) constitute a default or breach of the Contract;
(b) give rise to any claim for damages or additional cost or expense occasioned
thereby;
if and to the extent that such delay or non-performance is caused by the occurrence of
an event of Force Majeure.
62.6 If the performance of the Contract is substantially prevented, hindered or
delayed for a single period of more than sixty (60) days or an aggregate period
of more than one hundred and twenty (120) days on account of one or more
events of Force Majeure during the currency of the Contract, the parties will
attempt to develop a mutually satisfactory solution, failing which either party
may terminate the Contract by giving a notice to the other, but without
prejudice to either party’s right to terminate the Contract under GC Clause 59.
62.7 In the event of termination pursuant to GC Sub-Clause 38.6, the rights and
obligations of the Employer and the Contractor shall be as specified in GC Sub-
Clauses 59.1.2 and 59.1.3.
62.8 Notwithstanding GC Sub-Clause 38.5, Force Majeure shall not apply to any
obligation of the Employer to make payments to the Contractor herein.

GCC 63 Surveys and Levels

Surveys and
Levels Before the works of any part thereof begin, the Contractor shall survey and take levels
of the site of the works both above and below water level and agree all particulars on
which the measurements of the works are to be based. Such particulars shall be
recorded and after agreement; the drawings shall be signed by the Employer / Engineer-
In-Charge and the Contractor. Similar procedure is to be followed in post dredging
survey.
Failing such surveys and agreements being prepared and/or signed by the Contractor,
the survey carried out by the Engineer shall be final and binding on the Contractor.
Setting out the Works
The Employer shall furnish the relevant existing grid points with bench Mark with
reference to permanent bench marks. It shall be Contractor's responsibility to the set
out the necessary central points on land and to set out alignment. The Contractor shall
have in his employees, an efficient survey team for this purpose and the accuracy of
such setting out works shall be Contractor's sole responsibility.
Before beginning the work the Contractor shall work out the control points on ground
which, are pre requisite for carrying out hydrographic surveys, accurately, with suitable
markers as approved by Employer. All these points and markings shall be checked and
approved by Employer’s Representative before starting the work.
The Contractor shall also provide necessary equipment, labour and other facilities for
proper checking of triangulation / bench mark stations and inspection of the points
during the survey and dredging operations at no cost to the Employer.

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The Contractor shall give Engineer-in Charge not less than 24 hours’ notice in writing
of his intention to set out or give levels for any part of the works so that arrangements
may be made for checking the work.
Work shall be suspended for such times as necessary for checking lines and levels on
any part of the works.
The Contractor shall at his own expense provide all assistance which Engineer-in
Charge may require for checking the setting out.

GCC 64 Setting out the Works

Setting out the
Works The Employer shall furnish the relevant existing grid points with bench Mark with
reference to permanent bench marks. It shall be Contractor's responsibility to the set
out the necessary central points on land and to set out alignment. The Contractor shall
have in his employees, an efficient survey team for this purpose and the accuracy of
such setting out works shall be Contractor's sole responsibility.
Before beginning the work the Contractor shall work out the control points on ground
which, are pre requisite for carrying out hydrographic surveys, accurately, with suitable
markers as approved by Employer. All these points and markings shall be checked and
approved by Employer’s Representative before starting the work.
The Contractor shall also provide necessary equipment, labour and other facilities for
proper checking of triangulation / bench mark stations and inspection of the points
during the survey and dredging operations at no cost to the Employer.
The Contractor shall give Engineer-in Charge not less than 24 hours’ notice in writing
of his intention to set out or give levels for any part of the works so that arrangements
may be made for checking the work.
Work shall be suspended for such times as necessary for checking lines and levels on
any part of the works.
The Contractor shall at his own expense provide all assistance which Engineer-in
Charge may require for checking the setting out.

GCC 65 Conditions for Dredging Operations:

Conditions for 1) No shifting charges will be paid to the contractor for shifting the dredger and
Dredging its accessories from one shoal to another shoal or from one area / canal to
Operations another area / canal specified above.

2) Normal barge and vessels / crafts movement in the channel shall not be
interrupted by the dredging operation.

3) The decision of EIC to accept the work done with or without the Liquidated
damages shall be final and binding.

4) The measurement of depth in the navigation channel shall be carried out by

conducting Thalweg surveys every week, jointly by the Contractor and the
representative of IWAI under the supervision of Engineer-in-charge or his
nominee & its chart should be plotted by the contractor in presence of Engineer
representatives. In case of shortcomings observed by the Engineer-in-charge or
his nominee, the cross-sectional survey is to be carried out and the cross-
sectional interval shall be 10 m apart and soundings shall be taken continuously

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and plotted at 4 m interval on the cross-section. The cross-section shall be

extended up to 20 m beyond the limits of the channel on either side.

5) No idle time charges will be paid to the contractor on any account. Local issues
/ hindrances, if any, would be addressed by the Contractor. IWAI would
facilitate with local/govt. agencies.
6) The Contractor shall arrange the transits, buoys, lights, mooring etc. at their
own cost as required for dredging and also for cautioning other vessels in the
waterway.
7) The Employer / Engineer-in-charge or his representative will inspect, co-
ordinate, measure and certify the dredging work. He has the right to inspect at
any time during the contract period for which contractor’s authorized agent
shall be available at site during such inspection.
8) The Contractor shall provide the boat from shore to dredger and back to shore
during inspection & supervision by the Employer / Engineer-in-Charge or his
representative.
9) The Contractor may execute the work round the clock and on all days including
Sundays and Public Holidays except National Holidays subject to such
restriction as may be imposed by State Govt./local body.
10) If the Contractor’s personnel or any outside labour employed to work during
execution of Contract, breaks or damages / destroys any vessel, craft, net,
fishing stakes etc. building, road, kerb, water pipe, fence, bund, wires, trees,
crop, fruit or cultivated ground during the period of agreement, the same shall
be made good by the Contractor at his own expenses or in default the IWAI
may cause the same to be made good by other sources and deduct the expenses
from any sums that may be then or at any time thereafter may become due to
the contractor.
11) The Contractor will submit to the authority a bill in triplicate for channel
dredged corresponding to a length/quantity acceptable to the Engineer-in-
Charge which could be decided after the pre-dredging survey depending on
length of each shoal to be dredged. The bills shall be accompanied with 3 sets
each of pre and post dredging survey charts and also detailed calculations on
dredging quantity.
12) The Contractor is fully responsible for solving the disputes with the local
fishermen w.r.t. removal of fishing nets, stakes, from the dredged channel.
Similarly, all disputes with regard to the dumping of dredge spoil, any prior
permission or arrangement on deemed fit for avoiding bank erosion or damage
to any property or agriculture would be handled by contractor. The Authority
shall not be responsible for solving the disputes related to execution of the
dredging. However, on request IWAI may extend the assistance for solving the
issues only through the concerned official/dept. of the state or local bodies.
13) The Contractor shall be responsible for finding out the dumping area in
consultation with state PWD & IWAI. Any arrangement with respect to the
bund around the identified dumping area is to be made by the Contractor at his
cost. Any dispute with local, land owner on the dumping of dredging spoil to
be sorted out by the Contractor.

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14) The Employer may engage the agency on behalf of the Contractor as per the
state/central Govt organization on pollution or coastal management authority
to carry out the test of the dredged material at regular interval for the regulating
the dumping activities. In case of any adverse report, the Contractor shall
comply the instruction of EIC.
15) During execution of the work, if any environmental degradation occurs,
consequent on dumping of dredged material, re-conveyance of the material
shall be done by the Contractor at his cost, without claiming additional payment
from IWAI.
16) If the dredging is stopped continuously for more than 3 days due to law and
order, the Contractor has to report to EIC the same and take actions mutually
in accordance with prevailing local laws for removal of such problem and
proceeding further with the work to mutual benefit.
17) Any charge incurred on testing of the dredged material, testing / analysing the
quality of water for adopting environmental safe guards, minimizing
detrimental impacts, enhancing the beneficial aspects of the project and for
effective management of the environmental resources affected by the project
shall be met by the Contractor. No additional charges on any account shall be
payable by IWAI.
18) In case of any anomaly with reference to interfacing chainage and interfacing
of the issues relating to execution amongst the adjacent contractors, decision of
EIC would be final and binding on both the adjacent contractors executing the
project.
GCC 66 Standard and Standard Products
Standard and Save in so far otherwise specified in the Contract the relevant provisions of the
Standard appropriate Bureau of Indian Standards shall apply for all materials and workmanship.
Products Where relevant BIS standards do not exist, the latest version of the relevant standards
in vogue in case of public funded works in Myanmar shall be applied. Where both
above Standards may not be available, the following Standards shall also be referred
to and adopted.
- BS : British Standard Specification
- CP : British Standard Code of Practice
- ASTM : Standard of American Society for Testing Materials.
Standard Products
If mention is made in the Contract of named products of individual manufacturers, this
is an indication of the standard type and workmanship of goods, which are satisfactory
to the Engineer. The Contractor may substitute similar products of at least equal quality
and suitability, subject to the approval of the Engineer.
Proposals by the Contractor for the supply of manufactured products shall be
accompanied by certification that the manufacturer's products are approved by the
relevant standards authority.
Appendix -1 Salient features of Labour & Environment Protection Laws.
Appendix -2 Salient features of some of the Major Laws that are Applicable for
Protection of Environment.
Appendix -3 Appointment of Adjudicator.

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Section IX - Scope , Specifications and Drawings

Scope of work: Fairway Maintenance of Ghazipur – Varanasi (133 Km) stretch including
Removal of Hard Strata (Depth of cut is (+2.5 m) w.r.t. average LWL
of last 10 years) with a width of 45m on quantity basis for 2 years
and
Maintenance of fairway with depth of 2.20m and channel width of
45m on Performance basis for 1 year including River Conservancy
works, Channel marking etc. and disposal of the dredged material at
designated location
The contract period is for a duration of 36 months including the monsoon
period.
Schedule: Within 45 days from the date of signing of the Contract, Contractor shall
mobilise the equipment for commencing the dredging operations to meet
the requirements of Services stipulated in Appendix A to this Contract.
The Employer shall also issue a Notice to the Contractor within 7 days of
signing of the contract agreement to commence its activities.
The contractor shall mobilise the equipment required for Dredging and
Disposals at designated places, the Work shall be started with the Pre-
Survey of the area jointly with the Engineer-In-Charge or his designated
representative and TSSC-III.
Coordination of Work The contractor shall be responsible for coordinating all work including the
and Inspection: joint Survey will be carried out to establish the amount of dredging
undertaken on pre & post dredging basis in the initial 2 year during the
period of Quantity based dredging and subsequently Joint Surveys on
weekly basis during the performance-based maintenance period.
Protection of The contractor shall continuously protect his work from damage, protect
Property: all persons from injury and protect all other property from damage, injury,
or loss arising in connection with the work regardless of who the owner
of said property may be. The contractor alone shall be responsible for the
safety, efficiency, and adequacy of his plant, appliances, equipment, tools,
and materials. The contractor shall be responsible for any damages which
may result from their improper construction, maintenance or usage
5. Billing and The Contractor shall submit monthly Bills for performing the services,
Payment: from the Date of Commencement of Services which will be verified by
the Engineer-in-charge subject to deduction as applicable in terms of GCC
47.1 & 47.1.1, and recovery towards repayment of Mobilization Advance
& other recoveries, if any.

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Enclosure-1
General Arrangement of Bandal

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Enclosure-2
Bamboo Mat Bandalling

Enclosure-3
Various typical Navigational Channel Markers

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Appendix 1
Salient Features of Labour & Environment Protection Laws34
SALIENT FEATURES OF SOME MAJOR LABOUR LAWS
APPLICABLE TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER
CONSTRUCTION WORK

(a) Employees Compensation Act 1923: The Act provides for compensation in case of injury,
disease or death arising out of and during the course of employment.

(b) Payment of Gratuity Act 1972: gratuity is payable to an employee under the Act on
satisfaction of certain conditions on separation if an employee has completed 5 years’
service or more or on death at the rate of 15 days wages for every completed year of service.
The Act is applicable to all establishments employing 10 or more employees.

(c) Employees P.F. and Miscellaneous Provision Act 1952 (since amended): The Act provides
for monthly contribution by the employer plus workers @ 10% or 8.33%. The benefits
payable under the Act are:

(i) Pension or family pension on retirement or death, as the case may be.
(ii) Deposit linked insurance on the death in harness of the worker.
(iii) Payment of P.F. accumulation on retirement/death etc.

(d) Maternity Benefit Act 1961: The Act provides for leave and some other benefits to women
employees in case of confinement or miscarriage etc.

(e) Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal)
Act, 2013: This Act defines sexual harassment in the workplace, provides for an enquiry
procedure in case of complaints and mandates the setting up of an Internal Complaints
Committee or a Local Complaints Committee

(f) Contract Labour (Regulation & Abolition) Act 1970: The Act provides for certain welfare
measures to be provided by the Contractor to contract labour and in case the Contractor
fails to provide, the same are required to be provided, by the Principal Employer by law.
The Principal Employer is required to take Certificate of Registration and the Contractor is
required to take license from the designated Officer. The Act is applicable to the
establishments or Contractor of Principal Employer if they employ 20 or more contract
labour.

(g) Minimum Wages Act 1948: The Employer is supposed to pay not less than the Minimum
Wages fixed by appropriate Government as per provisions of the Act if the employment is
a scheduled employment. Construction of Buildings, Roads, Runways are scheduled
employments.

(h) Payment of Wages Act 1936: It lays down the mode, manner and by what date the wages
are to be paid, what deductions can be made from the wages of the workers.

34
This list is only illustrative and not exhaustive. Bidders and Contractors are responsible for checking the
correctness and completeness of the list. The law as current on the date of bid opening will apply.
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(i) Equal Remuneration Act 1976: The Act provides for payment of equal wages for work of
equal nature to male and female workers and for not making discrimination against Female
employees in the matters of transfers, training and promotions etc.

(j) Payment of Bonus Act 1965: The Act is applicable to all establishments employing 20 or
more employees. Some of the State Governments have reduced this requirement from 20
to 10. The Act provides for payments of annual bonus subject to a minimum of 8.33% of
the wages drawn in the relevant year. It applies to skilled or unskilled manual,
supervisory, managerial, administrative, technical or clerical work for hire or reward
to employees who draw a salary of Rs. 10,000/- per month or less. To be eligible for bonus,
the employee should have worked in the establishment for not less than 30 working days in
the relevant year. The Act does not apply to certain establishments.

(k) Industrial Disputes Act 1947: the Act lays down the machinery and procedure for
resolution of Industrial disputes, in what situations, a strike or lock-out becomes illegal and
what are the requirements for laying off or retrenching the employees or closing down the
establishment.

(l) Trade Unions Act 1926: The Act lays down the procedure for registration of trade unions
of workmen and employers. The Trade Unions registered under the Act have been given
certain immunities from civil and criminal liabilities.

(m) Child Labour (Prohibition & Regulation) Act 1986: The Act prohibits employment of
children below 14 years of age in certain occupations and processes and provides for
regulation of employment of children in all other occupations and processes. Employment
of Child Labour is prohibited in the Building and Construction Industry.

(n) Inter-State Migrant workmen’s (Regulation of Employment & Conditions of Service) Act
1979: The Act is applicable to an establishment which employs 5 or more inter-state
migrant workmen through an intermediary (who has recruited workmen in one state for
employment in the establishment situated in another state). The Inter-State migrant
workmen, in an establishment to which this Act becomes applicable, are required to be
provided certain facilities such as housing, medical aid, traveling expenses from home upto
the establishment and back, etc.

(o) The Building and Other Construction Workers (Regulation of Employment and Conditions
of Service) Act 1996 and the Building and Other Construction Workers Welfare Cess Act,
1996 (BOCWW Cess Act): All the establishments who carry on any building or other
construction work and employ 10 or more workers are covered under these Acts. All such
establishments are required to pay cess at the rate not exceeding 2% of the cost of
construction as may be notified by the Government. The Employer of the establishment is
required to provide safety measures at the building or construction work and other welfare
measures, such as Canteens, First – Aid facilities, Ambulance, Housing accommodations
for workers near the work place etc. The Employer to whom the Act applies has to obtain
a registration certificate from the Registering Officer appointed by the Government.

(p) Factories Act 1948: the Act lays down the procedure for approval of plans before setting
up a factory engaged in manufacturing processes, health and safety provisions, welfare
provisions, working hours, annual earned leave and rendering information regarding
accidents or dangerous occurrences to designated authorities. It is applicable to premises
employing 10 persons or more with aid of power or 20 or more persons without the aid of
power.

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(q) Weekly Holidays Act -1942

(r) Bonded Labour System (Abolition) Act, 1976: The Act provides for the abolition of bonded
labour system with a view to preventing the economic and physical exploitation of weaker
sections of society. Bonded labour covers all forms of forced labour, including that arising
out of a loan, debt or advance.

(s) Employer’s Liability Act, 1938: This Act protects workmen who bring suits for damages
against employers in case of injuries endured in the course of employment. Such injuries
could be on account of negligence on the part of the employer or persons employed by them
in maintenance of all machinery, equipment etc. in healthy and sound condition.

(t) Employees State Insurance Act 1948: The Act provides for certain benefits to insured
employees and their families in case of sickness, maternity and disablement arising out of
an employment injury. The Act applies to all employees in factories (as defined) or
establishments which may be so notified by the appropriate Government. The Act provides
for the setting up of an Employees’ State Insurance Fund, which is to be administered by
the Employees State Insurance Corporation. Contributions to the Fund are paid by the
employer and the employee at rates as prescribed by the Central Government. The Act also
provides for benefits to dependents of insured persons in case of death as a result of an
employment injury.
(u) The Personal Injuries (Compensation Insurance) Act, 1963: This Act provides for the
employer’s liability and responsibility to pay compensation to employees where workmen
sustain personal injuries in the course of employment.
(v) Industrial Employment (Standing Order) Act 1946: It is applicable to all establishments
employing 100 or more workmen (employment size reduced by some of the States and
Central Government to 50). The Act provides for laying down rules governing the
conditions of employment by the Employer on matters provided in the Act and get the same
certified by the designated Authority.

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Appendix - 2

SALIENT FEATURES OF SOME OF THE MAJOR LAWS THAT ARE APPLICABLE FOR
PROTECTION OF ENVIRONMENT.

1. The Environment (Protection) Act, 1986 and as amended: This provides for the protection and
improvement of environment and for matters connected therewith, and the prevention of hazards to
human beings, other living creatures, plants and property. ‘Environment’ includes water, air and land
and the inter-relationship which exists among and between water, air and land, and human beings,
other living creatures, plants, micro-organism and property.

2. The Forest Conservation Act, 1980, as amended, and Forest (Conservation) Rules, 1981 as amended:
These provides for protection of forests by restricting conversion of forested areas into non- forested
areas and prevention of deforestation, and stipulates the procedures for cutting any trees that might be
required by the applicable rules. Permissions under the Act also stipulates the norms and compliance
requirements of the employer and any contractor on behalf of the employer.

3. State Tree Preservation Acts as may be in force: These provide for protection of trees of important
species. Contractors will be required to obtain prior permission for full or partial cutting, uprooting,
or pruning of any such trees.

4. The Wildlife (Protection) Act, 1972, and as amended: This provides for protection of wildlife through
notifying National Parks and Sanctuaries and buffer areas around these zones; and to protect
individuals of nationally important species listed in the Annex of the Act.

5. The Biological Diversity Act, 2002: This provides for conservation of biological diversity, sustainable
use of components of biological diversity, and fair and equitable sharing of the benefits arising out of
the use of biological resources, knowledge and for matters connected therewith or incidental thereto.
6. The Public Liability Insurance Act, 1991 as amended and The Public Liability Insurance Rules, 1991
as amended: These provide for public liability insurance for the purpose of providing immediate relief
to the persons affected by accident occurring while handling hazardous substances and for mattes
connected herewith or incidental thereto. Hazardous substance means any substance or preparation
which is defined as hazardous substance under the Environment (Protection) Act 1986, and exceeding
such quantity as may be specified by notification by the Central Government.
7. The Ancient Monuments and Archaeological Sites and Remains Act, 1958 and the Ancient
Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010, the
Ancient Monuments and Archaeological Sites and Remains Rules, 1959 amended 2011, the National
Monuments Authority Rules, 2011 and the similar State Acts: These provide for conservation of
cultural and historical remains found in India. Accordingly, area within the radii of 100m and 300m
from the “protected property” are designated as “protected area” and “controlled area” respectively.
No development activity (including building, mining, excavating, blasting) is permitted in the
“protected area” and development activities likely to damage the protected property is not permitted
in the “controlled area” without prior permission of the Archaeological Survey of India (ASI) or the
State Departments of Art and Culture or Archaeology as applicable.
8. The Environmental Impact Assessment Notification, 2006 and as amended: This provides for prior
environmental clearance for new, modernization and expansion projects listed in Schedule 1 of the
Notification. Contractors will be required to ensure that no work starts until applicable clearances
under the Notification is not available. Contractors will be responsible for implementation of any
environmental management plan stipulated as per the permission under this Notification; and will be
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required to prepare and submit to the employer and compliance report stipulated in the permission
under the Notification.
9. The Water (Prevention and Control of Pollution) Act, 1974 as amended, and the Water (Prevention
and Control of Pollution) Rules, 1975 as amended: These provide for the prevention and control of
water pollution and the maintaining and restoring of wholesomeness of water. ‘Pollution’ means such
contamination of water or such alteration of the physical, chemical or biological properties of water
or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance
into water(whether directly or indirectly) as may, or is likely to, create a nuisance or render such water
harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or
other legitimate uses, or to the life and health of animals or plants or of aquatic organisms. Contractors
will need to obtain consent for establishment and consent for operation of any item of work or
installation of equipment that generates waste water, and observe the required standards of
establishment and operation of these items of work or installations; as well as install and operate all
required waste water treatment facilities.
10. The Water (Prevention and Control of Pollution) Cess Act, 1977 and The Water (Prevention and
Control of Pollution) Cess Rules, 1978: These provide for the levy and collection of a cess on water
consumed by persons carrying on certain industries and by local authorities, with a view to augment
the resources of the Central Board and the State Boards for the prevention and control of water
pollution under the Water (Prevention and Control of Pollution) Act, 1974.
11. The Air (Prevention and Control of Pollution) Act, 1981 as amended, and the Air (Prevention and
Control of Pollution) Rules, 1982: These provides for prevention, control and abatement of air
pollution. ‘Air Pollution’ means the presence in the atmosphere of any ‘air pollutant’, which means
any solid, liquid or gaseous substance (including noise) present in the atmosphere in such
concentration as may be or tend to be injurious to human beings or other living creatures or plants or
property or environment. Contractors will need to obtain consent for establishment and consent for
operation of any item of work or installation of equipment that generates air pollution such as batching
plants, hot mix plants, power generators, backup power generation, material handling processes, and
observe the required standards of establishment and operation of these items of work or installations.

12. Noise Pollution (Control and Regulation) Rules, 2000, and as amended: This provides for standards
for noise for day and night for various land uses and specifies special standards in and around sensitive
receptors of noise such as schools and hospitals. Contractors will need to ensure compliance to the
applicable standards, and install and operate all required noise control devices as may be required for
all plants and work processes.
13. Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996: This provides
for Requirement of preparation of on-site and off-site Disaster Management Plans for accident-prone
areas.
14. The Explosives Act 1884 and the Explosives Rules, 2008: These provide for safe manufacture,
possession, sale, use, transportation and import of explosive materials such as diesel, Oil and
lubricants etc.; and also for regulating the use of any explosives used in blasting and/or demolition.
All applicable provisions will need compliance by the contractors.
15. The Petroleum Rules, 2002: This provides for safe use and storage of petroleum products, and will
need to be complied by the contractors.

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16. The Gas Cylinder Rules 2004 and amendments: This provides for regulations related to storage of
gas, and possession of gas cylinder more than the exempted quantity. Contractors should comply with
all the requirements of this Rule.
17. Manufacture, Storage and Import of Hazardous Chemical Rules of 1989 and as amended: These
provide for use and storage of hazardous material such as highly inflammable liquids like HSD/LPG.
Contractors will need to ensure compliance to the Rules; and in the event where the storage quantity
exceeds the regulated threshold limit, the contractors will be responsible for regular safety audits and
other reporting requirements as prescribed in the Rules.
18. Hazardous & Other Wastes (Management and Transboundary Movement) Rules, 2016: These provide
for protection of general public from improper handling storage and disposal of hazardous waste. The
rules prescribe the management requirement of hazardous wastes from its generation to final disposal.
Contractors will need to obtain permission from the State Pollution Control Boards and other
designated authorities for storage and handling of any hazardous material; and will to ensure full
compliance to these rules and any conditions imposed in the permit.
19. The Bio Medical Waste Management Rules, 2016: This provides for control, storage, transportation
and disposal of bio-medical wastes. As and where the contractor has any first aid facility and
dispensaries, established in either temporary or permanent manner, compliance to these Rules are
mandatory.
20. Construction and Demolition Waste Management Rules, 2016: This provides for management of
construction and demolition waste (such as building materials possible to be reused, rubble and debris
or the like); and applies to all those waste resulting from construction, re-modelling, repair or
demolition of any civil structure. Contractor will need to prepare a waste disposal plan and obtain
required approval from local authorities, if waste generation is more than 20 tons in any day or 300
tons in any month during the contract period; and ensure full compliance to these rules and any
conditions imposed in the regulatory approval.
21. The E-Waste (Management) Rules, 2016: This provides for management of E-wastes (but not
covering lead acid batteries and radio-active wastes) aiming to enable the recovery and/or reuse of
useful material from e-waste, thereby reducing the hazardous wastes destined for disposal and to
ensure the environmentally sound management of all types of waste of electrical and electronic
equipment. This Rule applies to every manufacturer, producer, consumer, bulk consumer, collection
centers, dealers, e-retailer, refurbisher, dismantler and recycler involved in manufacture, sale, transfer,
purchase, collection, storage and processing of e-waste or electrical and electronic equipment listed
in Schedule I, including their components, consumables, parts and spares which make the product
operational.
22. Plastic waste Management Rules, 2016: This provides for control and management of the plastic waste
generated from any activity. Contractors will ensure compliance to this Rule.
23. The Batteries (Management and Handling) Rules 2001: This provides for ensuring safe disposal and
recycling of discarded lead acid batteries likely to be used in any equipment during construction and
operation stage. Rules require proper control and record keeping on the sale or import of lead acid
batteries and recollection of the used batteries by registered recyclers to ensure environmentally sound
recycling of used batteries. Contractors will ensure compliance to this Rule.
24. The Ozone Depleting Substances (Regulation and Control) Rules, 2000 and as amended: This
provides for regulation of production and consumption of ozone depleting substances in the country,

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and specifically prohibits export to or import from countries not specified in the Rules, and prohibits
unless specifically permitted, any use of ozone depleting substance.
25. The Coastal Regulation Zone Notifications, 1991 and as amended: This provides for regulation of
development activities within the 500m of high tide line in coastal zone and 100m of stretches of
rivers and estuaries influenced by tides. Contractors will be required to ensure that no work starts until
applicable clearances under the Notification is not available. Contractors will be responsible for
implementation of any plan stipulated as per the permission under this Notification; and will be
required to prepare and submit to the employer and compliance report stipulated in the permission
under the Notification.
26. The Motor Vehicle Act 1988 as amended (and State Motor Vehicle Acts as may be in force) and the
Motor Vehicle Rules, 1989, and as amended (and State Motor Vehicle Rules as may be in force): To
minimize the road accidents, penalizing the guilty, provision of compensation to victim and family
and check vehicular air and noise pollution. Contractors will be required to ensure full compliance to
these rules.
27. Easement Act, 1882: This provides for the rights of landowners on groundwater. Contractors will
need to ensure that other landowners’ rights under the Act is not affected by any groundwater
abstraction by the contractors.
28. State Groundwater Acts and Rules as may be in force and the Guidelines for Groundwater Abstraction
for drinking and domestic purposes in Notified Areas and Industry/Infrastructure project proposals in
Non-Notified areas, 2012: These provide for regulating extraction of ground water for
construction/industrial and drinking and domestic purposes. Contractors will need to obtain
permission from Central/State Groundwater Boards prior to groundwater abstraction through digging
any bore well or through any other means; and will to ensure full compliance to these rules and any
conditions imposed in the permit.
29. The Mines Act, 1952 as amended; the Minor Mineral and concession Rules as amended; and the State
Mineral (Rights and Taxation) Acts as may be in force: These provide for for safe and sound mining
activity. The contractors will procure aggregates and other building materials from quarries and
borrow areas approved under such Acts. In the event the contractors open any new quarry and/or
borrow areas, appropriate prior permission from the State Departments of Minerals and Geology will
need to be obtained. Contractors will also need to ensure full compliance to these rules and any
conditions imposed in the permit.
30. The Insecticides Act, 1968 and Insecticides Rules, 1971 and as amended: These provide for regulates
the manufacture, sale, transport, distribution, export, import and use of pesticides to prevent risk to
human beings or animals, and for matters connected therewith. No one should import or manufacture;
sell, stock or exhibit foe sale; distribute, transport, use: (i) any misbranded insecticides, (ii) any
insecticide the sale, distribution or use of which is for the time being prohibited under the Act; and
(iii) any insecticide except in accordance with the condition on which it was registered under the Act.
31. National Building Codes of India, 2005 and as amended: This provides guidelines for regulating the
building construction activities in India. The code mainly contains administrative regulations,
development control rules and general building requirements; stipulations regarding materials,
structural design and construction; and building and plumbing services. Contractors will be required
to comply with all Bureau of Indian Standards Codes dealing with: (i) use and disposal of asbestos
containing materials in construction; (ii) paints containing lead; (iii) permanent and temporary
ventilations in workplace; (iv) safety, and hygiene at the workplace; (v) prevention of fire; (vi)

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prevention of accidents from faulty electrical gadgets, equipment and accessories; and all other such
codes incidental to the Contract.

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Appendix -3
Appointment of Adjudicator

Suggested Draft of Letter of Appointment of Adjudicators in civil works

contracts
Sub:____________________________________________________(Name of the Contract)

To

Name and address of the Adjudicator

We hereby confirm your appointment as Adjudicator for the above contract to carry out the
assignment specified in this Letter of Appointment.
For administrative purpose____________________(name of the officer representing the
Employer) has been assigned to administer the assignment and to provide the Adjudicator with
all relevant information needed to carry out the assignment on behalf of both the Employer and
the contractor. The services will be required during the period of contract for the work of (Name
of the Contract)_______________________.
The Adjudicator shall visit the worksite once in 3 (three) months till the completion of the work
indicated above or as specifically requested by Employer/ Contractor for the period upto the
end of defects liability period with prior intimation to the Employer and the contractor. The
duration of each visit shall ordinarily be for one day only. These durations are approximate and
(Name of the Employer and Name of the Contractor) may find it necessary to postpone or cancel
the assignment and/or shorten or extend the duration.
The appointment will become effective upon confirmation of letter by you. The appointment
of Adjudicator shall be liable for termination under a 30 (thirty) days written notice from the
date of issue of the notice, if both Employer and the Contractor so desire. Also the appointment
shall automatically stand terminated 14 days after the defect notice / correction period as stated
in Clauses 23 and 24 of the Conditions of Contract is over.

The Adjudicator will be paid a fee of Rs.______ (Rupees ____________only) per each day of
visit at the worksite. The actual expenses for boarding and traveling in connection with the
assignment will be reimbursed to the Adjudicator. The Adjudicator will submit a pre-receipted
bill in triplicate to the Employer indicating the date of the visit, fees for the visit and a proof in
support of the actual expenditure [only for items valued above Rs. 200 each] incurred by him
against boarding, lodging and traveling expenses after performing the visit on each occasion.
The Employer will make the admissible payment (both the Employer’s and the Contractor’s
share) to the Adjudicator within 30 days of the receipt of the bill. The Contractor’s share on
this account (half the paid amount) will be recovered by the Employer from the Contractor’s
bills against the work.
In accepting this assignment, the Adjudicator should understand and agree that he is responsible
for any liabilities and costs arising out of risks associated with travel to and from the place of
emergency repatriation, loss or damage to personal/professional effects and property. The
Adjudicator is advised to effect personal insurance cover in respect of such risks if he does not
already have such cover in place. In this regard, the Adjudicator shall maintain appropriate
medical, travel, accident and third-party liability insurance. The obligation under this paragraph
will survive till termination of this appointment.

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Procedures for resolution of disputes by the Adjudicator is described in the contract of

_____________(name of the contract) between the Employer and the contractor vide clause
no.24 of the General Conditions of Contract. Your recommendation should be given in the
format attached, within 28 days of receipt of a notification of dispute.
The Adjudicator will carry out the assignment in accordance with the highest standard of
professional and ethical competence and integrity, having due regard to the nature and purpose
of the assignment, and will conduct himself in a manner consistent herewith. After visiting the
worksite, the Adjudicator will discuss the matter with the Employer and if necessary with the
Contractor before arriving at any decision.
The Adjudicator will agree that all knowledge and information not within the public domain,
which may be acquired while carrying out this service shall be all time and for all purpose,
regarded as strictly confidential and held in confidence, and shall not be directly or indirectly
disclosed to any party whatsoever, except with the permission of the Employer and the
contractor. The Adjudicator’s decision should be communicated in the form of a speaking order
specifying the reasons.
The Adjudicator will agree that any manufacturing or construction firm with which he might be
associated with, will not be eligible to participate in bidding for any goods or works resulting
from or associated with the project of which this consulting assignment forms a part

Read and Agreed Name of Adjudicator

Signature
Place:

Date:

Name of Employer
Signature of authorized representative of Employer

Name of the Contractor

Signature of authorized representative of Contractor

Attachment: Copy of contract document between the Employer and contractor and format for
recommendation.

SUMMARY OF AJUDICATIOR’S RESPONSIBILITIES

The Adjudicator has the following principal responsibilities:

1. Visit the site periodically.

2. Keep abreast of job activities and developments.
3. Encourage the resolution of disputes by the parties.
4. When a dispute is referred to it, conduct a hearing (no legal presentation), complete its
deliberations, and prepare a recommendations in a professional and timely manner(as
per sample format)

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Sample Format of Adjudicator’s Recommendation

[Project Name]
Recommendation of Adjudicator

Dispute No. XX [NAME OF DISPUTE]

Hearing Date: ____________

Dispute

Description of dispute. A one or two sentence summation of the dispute.

Contractor’s Position

A short summation of the contractor’s position as understood by the Adjudicator.

Employer’s Position

A short summation of the Employer’s position as understood by the Adjudicator.

Recommendation

The Adjudicator’s specific recommendation for settlement of the dispute. (The recommended
course is consistent with the explanation).

Explanation

(This section could also be called Considerations, Rationale, Findings, Discussion, and so on.)

The Adjudicator’s description of how each recommendation was reached.

Respectfully submitted,

Date : _______________________ ____________________

Date : _______________________ ____________________

Date : _______________________ ____________________

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Section X - Contract Forms

This Section contains forms which, once completed, will form part of the Contract. The forms for
Performance Security, ESHS performance security if applicable, and Advance Payment Security, when
required, shall only be completed by the successful Bidder after contract award.

Table of Forms
Letter of Acceptance

Issue of Notice to Proceed with the Work

Contract Agreement ..................................................................................................................

Performance Security ...............................................................................................................

Environmental, Social, Health and Safety (ESHS) Performance Security ..........................

Advance Payment Security

Retention Money Security

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Letter of Acceptance
[letterhead paper of the Employer]

[The Letter of Acceptance shall be the basis for formation of the Contract as described in ITB Clause
43. This Standard Form of Letter of Acceptance shall be filled in and sent to the successful Bidder
only after evaluation of bids has been completed, subject to any review by the World Bank required
under the Loan Agreement.]

[insert date]

Identification No and Title of Contract: [insert identification number and title of the Contract]

To: [insert name and address of the Contractor]

This is to notify you that your Bid dated [insert date] for execution of the [insert name of the Contract
and identification number, as given in the PCC] for the Contract Price ………………. [insert amount
in numbers and words] as corrected and modified35 in accordance with the Instructions to Bidders is
hereby accepted by our Agency.

[insert one of the following (a) or (b) options]

(a) We accept that [insert name proposed by bidder] be appointed as the Adjudicator.36

(b) We do not accept that [insert name proposed by bidder] be appointed as Adjudicator, and by
sending a copy of this Letter of Acceptance to [insert name of the Appointing Authority], we
are hereby requesting [insert name], the Appointing Authority, to appoint the Adjudicator in
accordance with GCC 23.37

We note that as per your bid, you do not intend to subcontract any component of work.

[OR]

We note that as per your bid, you propose to employ M/s. ………………… as sub-contractor for
executing ……………………..

[Delete whatever is inapplicable]

You are hereby requested to furnish Performance Security, plus additional security for
unbalanced bids in terms of ITB clause 40, and ESHS Performance Security [Delete ESHS
Performance Security if it is not required under the contract] in the form detailed in ITB Clause 45

35
Delete “corrected and” or “and modified” if not applicable. See Notes on Standard Form of Agreement, next page.
36
To be used only if the Contractor disagrees in the Bid with the Adjudicator proposed by the Employer in the
Instructions to Bidders, and has accordingly offered another candidate.
37
To be used only if the Contractor disagrees in the Bid with the Adjudicator proposed by the Employer in the ITB, has
accordingly offered another candidate, and the Employer does not accept the counterproposal.
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for amounts38 of Rs. ____ and Rs. ______ within 21 days of the receipt of this letter of acceptance,
and visit this office to sign the contract, failing which action as stated in ITB Clause 45.2 will be taken.
The securities shall be valid upto 28 days from the date of completion i.e. upto …………. and shall be
as per the Performance Security Form and the ESHS Performance Security Form [Delete reference to
the ESHS Performance Security Form if it is not required under the contract], included in Section
X - Contract Forms, of the bidding document.

We have reviewed the construction methodology submitted by you alongwith the bid in
response to ITB Clause 16 and our comments are given in the attachment. You are requested to submit
a revised Program including ESHS requirements as per Clause 26 of General Conditions of Contract
within 14 days of receipt of this letter of acceptance.

Yours faithfully,

Authorized Signature………………………..

Name and Title of Signatory…………………

Name of Agency……………………………..

38
Insert amounts for (i) Performance Security, plus additional security for unbalanced bids; and (ii) ESHS Performance
Security respectively.

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Issue of Notice to proceed with the work

(Letterhead of the Employer)

_________ (date)

To

______________________________ (name and address of the Contractor)

______________________________

______________________________

Dear Sirs:

Pursuant to your furnishing the requisite securities as stipulated in ITB clause 45.1, insurance
policy as per GCC 13, construction methodology as stated in letter of acceptance and signing of the
contract agreement for the construction of______________@ a Bid Price of Rs.___________, you are
hereby instructed to proceed with the execution of the said works in accordance with the contract
documents.

Yours faithfully,

(Signature, name and title of signatory

authorized to sign on behalf of Employer)

Attachment: Contract Agreement

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Contract Agreement
THIS AGREEMENT made the . . . . . . day of . . . . . . . . . . . . . . . . ., . . . . . . ., between . . . . . [name of
the Employer]. . . . . . . . . . (hereinafter “the Employer”), of the one part, and . . . . . [name of the
Contractor]. . . . .(hereinafter “the Contractor”), of the other part:

WHEREAS the Employer desires that the Works known as . . . . . [name of the Contract]. . . . .should be
executed by the Contractor, and has accepted a Bid by the Contractor for the execution and
completion of these Works and the remedying of any defects therein,

The Employer and the Contractor agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Contract documents referred to.

2. The following documents shall be deemed to form and be read and construed as part of this
Agreement. This Agreement shall prevail over all other Contract documents.

(a) this Agreement

(b) the Letter of Acceptance
(c) the Contractor’s Bid including completed schedules and priced bill of quantities,
(d) the Addenda No’s . . . . . [insert addenda numbers if any]. . . . .
(e) the Particular Conditions of contract
(f) the General Conditions of contract;
(g) the Specifications
(h) the Drawings; and
(i) Construction Program, Methodology, Quality Assurance Program, ESHS Management
Strategies and Implementation Plans, and Code of Conduct (ESHS)
(j) Joint Venture Agreement [for JVs only]
(k) Post bid correspondences and any other document listed in the contract data as forming part
of the contract
(l) Any other document listed in PCC as forming part of the Contract

3. In consideration of the payments to be made by the Employer to the Contractor as indicated

in this Agreement, the Contractor hereby covenants with the Employer to execute the Works and to
remedy defects therein in conformity in all respects with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price or such other sum
as may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of India on the day, month and year indicated above.

Signed by: Signed by:

for and on behalf of the Employer for and on behalf the Contractor
in the presence of: in the presence of:
Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date

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Performance Security - Bank Guarantee

[including Additional Performance Security for unbalanced bids]
[Guarantor letterhead or SWIFT identifier code]
Performance Guarantee No…………………….[insert guarantee reference number]
Date………………………….[insert date of issue of the guarantee]
To: ______________________________________________ [name of Employer]
_________________________________________ [address of Employer]
WHEREAS _________________________ [name and address of Contractor39] (hereinafter
called "the Contractor") has undertaken, in pursuance of Contract No. _____ dated ________________
to execute __________________________ [name of Contract and brief description of Works]
(hereinafter called "the Contract");
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall
furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, upto a total of ____________________ [amount of guarantee40]
___________________________ [in words], such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written
demand and without cavil or argument, any sum or sums within the limits of ____________________
[amount of guarantee] as aforesaid without your needing to prove or to show grounds or reasons for
your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract
or of the Works to be performed thereunder or of any of the Contract documents which may be made
between you and the Contractor shall in any way release us from any liability under this guarantee, and
we hereby waive notice of any such change, addition or modification.
This guarantee shall be valid until ……… 41, and any demand for payment under it must be
received by us at this office on or before that date.
Signature and seal of the guarantor _____________________________
Name of Bank ____________________________________________
Address ______________________Date ……………………….
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted
from the final product.

39
In the case of a JV, insert the name of the Joint Venture
40
An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in the
Contract less provisional sum if any, plus additional performance security for unbalanced bids if any, and
denominated in Indian Rupees.
41
Insert the date twenty-eight days after the expected completion date as described in GC Clause 53.1. The Employer
should note that in the event of an extension of this date for completion of the Contract, the Employer would need to
request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior
to the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider adding
the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time
extension of this guarantee for a period not to exceed [six months][one year], in response to the Employer’s written
request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee
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Environmental, Social, Health and Safety (ESHS)

Performance Security - Bank Guarantee
[Guarantor letterhead or SWIFT identifier code]
ESHS Performance Guarantee No…………………….[insert guarantee reference number]
Date………………………….[insert date of issue of the guarantee]
To: ______________________________________________ [name of Employer]
_________________________________________ [address of Employer]
WHEREAS _________________________ [name and address of Contractor42] (hereinafter
called "the Contractor") has undertaken, in pursuance of Contract No. _____ dated ________________
to execute __________________________ [name of Contract and brief description of Works]
(hereinafter called "the Contract");
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall
furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with Environmental, Social, Health and/or Safety (ESHS) obligations in accordance with the
Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, upto a total of ____________________ [amount of guarantee43]
___________________________ [in words], such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written
demand and without cavil or argument, any sum or sums within the limits of ____________________
[amount of guarantee] as aforesaid without your needing to prove or to show grounds or reasons for
your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract
or of the Works to be performed thereunder or of any of the Contract documents which may be made
between you and the Contractor shall in any way release us from any liability under this guarantee, and
we hereby waive notice of any such change, addition or modification.
This guarantee shall be valid until ……… 44, and any demand for payment under it must be
received by us at this office on or before that date.
Signature and seal of the guarantor _____________________________
Name of Bank ____________________________________________
Address ______________________________Date ………………
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted
from the final product.

42
In the case of a JV, insert the name of the Joint Venture
43
An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in the
Contract less provisional sum if any, and denominated in Indian Rupees.
44
Insert the date twenty-eight days after the expected completion date as described in GC Clause 53.1. The Employer
should note that in the event of an extension of this date for completion of the Contract, the Employer would need to
request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior
to the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider adding
the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time
extension of this guarantee for a period not to exceed [six months][one year], in response to the Employer’s written
request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee
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Advance Payment Security -- Demand Guarantee

[Guarantor letterhead or SWIFT identifier code]
Advance Payment Guarantee No…………………….[insert guarantee reference number]
Date………………………….[insert date of issue of the guarantee]

To: __________________________________________ [name of Employer]

__________________________________________ [address of Employer]
___________________________________________[name of Contract]
Gentlemen:
In accordance with the provisions of the Conditions of Contract, Sub-clause 49.1 ("Advance
Payment") of the above-mentioned Contract, ________________________________ [name and
address of Contractor45] (hereinafter called "the Contractor") shall deposit with
________________________ [name of Employer] a bank guarantee to guarantee his proper and
faithful performance under the said Clause of the Contract in an amount of _____________ [amount
of guarantee46] _________________________________ [in words].
We, the ____________________ [bank or financial institution], as instructed by the
Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety
merely, the payment to ____________________ [name of Employer] on his first demand without
whatsoever right of objection on our part and without his first claim to the Contractor, in the amount
not exceeding ____________________ [amount of guarantee]
__________________________________ [in words].
We further agree that no change or addition to or other modification of the terms of the Contract
or of Works to be performed thereunder or of any of the Contract documents which may be made
between _____________________ [name of Employer] and the Contractor, shall in any way release
us from any liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
This guarantee shall remain valid and in full effect from the date of the advance payment under
the Contract until _________________________ [name of Employer] receives full repayment of the
same amount from the Contractor. Consequently any demand for payment under this guarantee must
be received by us at this office on or before that date.
Yours truly,
Signature and seal: ____________________________
Name of Bank: _________________
Address: ____________________________________
Date: ____________________
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted
from the final product.

45
In the case of a JV, insert the name of the Joint Venture
46
An amount shall be inserted by the bank representing the amount of the Advance Payment, and denominated in Indian
Rupees.
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Retention Money Security (Not Applicable)

Demand Guarantee
[Guarantor letterhead or SWIFT identifier code]

_____________________________ [Bank’s name and address of issuing branch or office]

Beneficiary: ______________________ [Name and Address of Employer]
Date: ____________________________

RETENTION MONEY GUARANTEE NO.: _________________

We have been informed that ______________ [name of contractor47] (hereinafter called “the
Contractor”) has entered into Contract No. _________________ [reference number of the contract]
dated ______________________ with you, for the execution of __________________ [name of
contract and brief description of Works] (hereinafter called “the Contract”).

Furthermore, we understand that, according to the conditions of the Contract, when the Taking-Over
Certificate has been issued for the Works and the first half of the Retention Money has been certified
for payment, payment of ___________ [insert the second half of the Retention Money] is to be made
against a Retention Money guarantee.

At the request of the contractor, we _________________[name of Bank] hereby irrevocably undertake

to pay you the sum or sums not exceeding in total an amount of _____________________ [amount in
Rupees] (______________________) [amount in words48] upon receipt by us of your first demand in
writing accompanied by a written statement stating that the Contractor is in breach of its obligation
under the Contract without cavil or argument.
It is a condition for any claim and payment under this guarantee to be made that the payment of the
second half of the Retention Money referred to above must have been received by the Contractor on
its account number _________ at ___________ [name and address of Bank].
This guarantee shall expire, at the latest, 21 days after the date when the Employer has received a copy
of the Defects Liability Certificate issued by the Project Manager. Consequently, any demand for
payment under this guarantee must be received by us at this office on or before that date.
____________________
[Signature(s) and seal of the guarantor]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted
from the final product.

47
In the case of a JV, insert the name of the Joint Venture
48
The Guarantor shall insert an amount representing the amount of the second half of the Retention Money or if the
amount guaranteed under the Performance Guarantee when the Taking-Over Certificate is issued is less than half of
the Retention Money, the difference between half of the Retention Money and the amount guaranteed under the
Performance Security.
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