GOVERNMENT OF ODISHA

(PANCHAYATI RAJ & DRINKING WATER DEPARTMENT)

OFFICE OF THE PANCHAYAT SAMITI BALIANTA,

KHORDHA.

E-mail # [email protected]

DETAILED TENDER CALL NOTICE (DTCN)

FOR 1 nos. of civil work

1. Construction of Boundary Wall in RIC Brahmansarangi(Tender Cost

- ₹ 16,64,948.00)

Bid Identification No. BID ID NO. – 05/BPS/2023-24

CONTENTS OF
DETAILED TENDER CALL NOTICE (DTCN)
Section Description
DTCN Part – I: General & Technical- Bid
Section-1 Notice Inviting Tender
Section-2(A) Details of the Documents to be Furnished for Online Bidding
Section-2(B) Instructions to Bidders
Section-2(C) Data Sheet
Section-2(D) Letter for Submission of Tender
Section-3 Conditions of Contract
Section-4 Special Conditions of Contract
Section-5 Scope of Work
Section-6 Deptt. Issue of materials to contractor
Section-7 Technical Specifications & Design Criteria
Schedule-A to F Formats for furnishing Information by the Bidder
Guidelines/Procedure to be followed in introduction of e-
Annexure-I
Procurement in Govt. of Odisha
Procedure for Electronic Receipt, Accounting and Reporting
Appendix - II of Cost of Tender Paper and Earnest Money Deposit on
submission of bids
SECTION-1

GOVERNMENT OF ODISHA
OFFICE OF THE PANCHAYAT SAMITI , BALIANTA
KHORDHA.
[email protected]
******
NOTICE INVITING TENDERS FOR THE WORK

NATIONAL COMPETITIVE BIDDING THROUGH e-Procurement

Identification No.05/BPS/2023-24
The OFFICE OF THE PANCHAYAT SAMITI, Balianta, Khordha, Odisha on behalf of
Governor of Odisha invites percentage Rate Bids through e-Procurement in conformity with
the terms and conditions of the Detailed Tender Call Notice (DTCN) in Single Bid system from
Class of Contractors as mentioned in Col.6 of table registered with the State
Governments and contractors of equivalent Grade/Class registered with Central
Government/MES/Railways for execution of Civil Works requirements given in the DTCN on
percentage Rate Bids to be eventually drawn up in the standard P1 Contract Form. The bid
should be submitted on-line in the website www.tendersodisha.gov.in by eligible class of
contractors. The bidders should have the necessary Portal Enrolment (with his own Digital
Signature Certificate). The registered bidders of outside Odisha can also participate in this
process, after necessary Portal Enrolment, but shall have to subsequently undergo registration
with the appropriate authority of the State Government before signing agreement.
2.The bidders may submit bids for the following work.
Approx.
Bid Cost of bid Period of
estimated Class of
Sl. Tender paper security/ documents completi
Name of work cost put to contracto
No. available EMD (In (Non- on in
tender r eligible
Rupees) refundable) months
(In Lakhs)
1 2 3 4 5 6 7 8
1. Construction of New 04 (Four)
http://www.
Sub-Centre Building at “C” & Calender
36.68 tenderodisha. `36,680/- `6,000/-
Satyabhamapur, Balianta “B” months
gov.in
2. Construction of New 04 (Four)
http://www.
Sub-Centre Building at “C” & Calender
36.68 tenderodisha. `36,680/- `6,000/-
Jhinti Sasan, Balianta “B” months
gov.in
3. Construction of New 04 (Four)
Sub-Centre Building at http://www.
“C” & Calender
Kakarudrapur, Balianta 36.68 tenderodisha. `36,680/- `6,000/-
“B” months
gov.in
4. Construction of Boundary 04 (Four)
Wall around Medical http://www.
“C” & Calender
Garden in Shree Jayadev 33.24856 tenderodisha. `33,250/- `6,000/-
“B” months
Pitha,Kenduli gov.in

5. Construction of Boundary 04 (Four)

Wall in RIC http://www.
“D” & Calender
Bramhansarangi 16.64948 tenderodisha. `16,650/- `6,000/-
“C” months
gov.in

2. Mode of Submission of tender: Tender should be submitted online in

www.tendersodisha.gov.in

3. The bidders desirous to participate in bidding must possess compatible Digital Signature
Certificate of Class-II or Class-III and should follow the changes / modifications /
addendum to DTCN if any.
4. a) The bidder should be make payment through online receipt towards Tender Paper Cost.
No offline receipt of Tender Paper Cost will be allowed in e‐procurement portal of
Government of Odisha.
b) As per Office Memorandum No. 5984/W, Dated 27.04.21 of Works Department, Govt. of
Odisha, No EMD has to be deposited and all participating bidder shall submit “ EMD” in
prescribed format available in the DTCN. Further wherever, there are compelling
circumstances to ask for Bid Security, the same should be done only with the approval of
the next higher authority to the authority competent to finalize the tender. The above
instruction will be applicable till 31.12.2022
c) The scanned copy of Bid Security Declaration, Registration certificate, GST, PAN, EPF
OR UNDERTAKING FOR EPF & affidavit including all required papers up loaded through
website should be produced in original to the Block Development Officer,Balianta
Khorda. for verification within three days of opening of Bid. Otherwise the tender will be
rejected.

5. Critical Dates:-
Sl. No. Description Critical Dates
(i) Period of availability of tenders on- : From 11 .00 AM. of 16.10.2023
line
to 5.00 PM. of 31.10.2023
(ii) Last date & time of seeking : UP TO 5.00 PM. of 31.10.2023
clarification

(iii) Last date & time of bidding on-line : UP TO 5.00 PM. of 31.10.2023
(iv) Date & time of opening of Bid : 11.00 AM of 01.11.2023 onwards

(v) Transparent Lottery( If required) : 11.00 AM of 03.11.2023 onwards

5. The bid for the work shall remain open for acceptance for a period of 120 (One
Hundred Twenty) days from the date of opening of bids. If any Bidder / Tenderer
withdraws his bid/ tender before the said period or makes any modifications in the terms
and conditions of the bid, the said earnest money shall stand forfeited.
6. Other details can be seen in the bidding documents, which is available in website
www.tendersodisha.gov.in.
7. Subsequent corrigendum if required shall be appeared in the website.
8. Authority reserves the right to reject any or all the tenders without assigning any
reasons thereof.
Sd/-
Block Development Officer
Balianta , Khordha

CHECK LIST TO BE FILLED UP BY THE BIDDER

Name of the Work: - “___________________________________________________________”.

Sl. Reference to Whether furnished Reference to

Particulars
No Clause no. Yes No Page no.
01. Cost of tender paper (Online remittance) As per TCN

02. EMD Declaration D.T.C.N Clause

No.2(B)23.1
or
EMD Declaration Schedule-B

03. Copy of valid Registration Certificate D.T.C.N Clause

No.2(A).a.v

04. Copy of valid GST D.T.C.N Clause

No.2(A).a.iii

05. Copy of PAN Card D.T.C.N Clause

No. No.2(A).a.iv

06. Information regarding current litigation, Schedule-C

(a) debarring / expelling of the tender or
abandonment of the work by the tenderer

(b) Declaration Schedule-D

(c) Affidavits Schedule-E

(d) Structure & Organization Schedule-A

(e) Tools & Plants and machineries as per the Schedule-B

requirement in Schedule-B. (Proof of
ownership of Tools & Plants and machineries is
to be furnished in shape of copy of invoices /
required sale deed incase of 2nd purchase /
required lease deed with owner ship
documents of the leaser.

07 Construction Schedule/Bar chart Sec-04,

Clause 4.14
08 EPF or undertaking for EPF

09 Letter for submission of tender

CONTRACT DATA
A. GENERAL INFORMATIONS

SN Item Details
1 Bid Identification No. . 01/BPS/2023-24

2 Name of the Work. AS PER DTCN

3 Officer inviting tender. Block Development Officer,Balianta , Khordha

Executive Engineer concerned with head
4 quarters authorized as Engineer-in-charge of Assistant Executive Engineer, Balianta, Khordha
this work.
Additional Executive Officer(Tech), Zilla Parishad
5 Executive Engineer with head quarter
Khordha
6 Accepting Authority Block Development Officer, Balianta, Khordha
7 Estimated Cost AS PER DTCN
B. BID INFORMATION
Intended completion period/Time period
8 assigned for Completion AS PER DTCN

9 Last Date & time of submission of Bid 5.00 PM of 31.10.2023

10 Cost of Bid Document As per DTCN

i) Bank draft amount As per DTCN
ii) In favour of Block Development Officer, Balianta.
iii) Payable at
11 Bid Security
i) Amount Bid Security Declaration in prescribed format
ii) Pledged in favour of NA
iii) Payable at NA
iv) Type of instrument As specified in the Bid document
12 Bid validity period 120 days after opening of Bid
Minimum period of contract / agreement/
13 4 (Four ) Calendar Month
lease deed of equipment and machineries.
14 Currency of Contract Indian Rupees
15 Language of Contract English
SECTION- 2(A)

DETAILS OF THE DOCUMENTS TO BE FURNISHED

FOR ONLINE BIDDING

(a) Scanned copies of the following documents to be up-loaded in appropriate place in PDF format in the
website www.tendersorissa.gov.in failing which the tender will be cancelled.

i. Remittance of Cost of Bid Document (Online).

ii. Submission of Bid security Declaration in lieu of EMD.
iii. GST Registration Certificate.
iv. PAN Card.
v. Registration certificate.
vi. Affidavit / Declaration regarding : Correctness of certificates / no relation certificate/ Acceptance of
tender conditions / free from criminal proceedings etc ( Schedule-E & D)
vii. Letter of submission of tender.
viii. BAR CHART SHOWING SCHEDULE OF EXECUTION OF WORK
ix. Any other relevant required document, if any.
x. Non submission of any other documents as per clauses not relevant to the nature of the work as per
BOQ will not be consider for rejection

(b) Scanned Copies of the Certificates / Formats showing details of information to be furnished as per the
enclosed formats should be uploaded in appropriate place after converting the same to PDF.

Schedule A - Structure & Organisation. (Valid email id & Mobile Nos)

Schedule B - List of plant & equipment proposed to be deployed in the work.

Schedule C - Information regarding current litigation/debarment etc.

Schedule D - Declaration.

Schedule E - Affidavit.

Schedule F - Bid Security Declaration.

(The details of the Format is enclosed in the DTCN)

(c) Uploaded documents of valid successful bidders will be verified with the original before acceptance of offer.

(d) DTCN is not to be uploaded by the bidder. The bidder has to only agree / disagree on the conditions in the
DTCN. The bidders, who disagree on the conditions of DTCN, cannot participate in the tender.

(e) Cost of Bid Document will be paid on online mode by the Bidder, failing which the bidder will be
disqualified.

.
SECTION- 2(B)
INSTRUCTIONS TO BIDDERS
A. GENERAL
1. Definitions:
a) “Employer” means the Office of the Panchayat Samiti,Balianta of the Government of
Odisha represented by the Block Development Officer, Balianta, Khordha or his
authorised representative with whom the selected Contractor signs the contract for the
services.

b) “Contractor” / Bidder / Farm / Engineer Farm / Company carry the same meaning throughout the DTCN
and Contract.
c) “Contract” means the contract / agreement signed by the parties along with all attached documents
listed in the DTCN (Tender Document Part-I & II).

d) “Data Sheet” means such part of the Instructions to Contractor as are used to reflect assignment
conditions and evaluation of the bid.

e) “Day” means a calendar day.

f) “Government” means the Government of Odisha.

g) “Instructions to Bidders (Section-2(B) of DTCN) means the document which provides all information
needed to prepare their proposals.

h) “TCN” (Section-1 of the DTCN) means the Letter of Invitation being sent by the Employer.

i) “Personnel” means professionals and support staff provided by the Contractor and assigned to perform
the services in full or in any part thereof.

j) “Proposal” means the Technical Proposal and the Financial Proposal (Tender Document).

k) “DTCN” means the Detailed Tender Call Notice prepared by the Employer for the selection of
contractor.

l) “Govt”., means Govt. of Odisha or Govt. of India as the case may be.

2. Introduction / Selection Procedure:

The Employer named in the Data Sheet will select a contract farm to execute the work as described in the
scope of work and in the Data sheet.

The Contractor shall bear all costs associated with the execution of the work on Percentage
Rate Bids. The Employer is not bound to accept any proposal, and reserves the right to annul the
selection process at any time prior to contract award without thereby incurring any liability to the
Contractor.

3. Location of the Project:

The place of action is at Balianta Block area in the State of Odisha.
4. Source of Funding:
The work will be funded by Government of Odisha.

5. Eligibility:
5.1. A Bidder shall be deemed to have the nationality of India.

5.2. Government-owned enterprises shall be eligible only if they can establish that they are legally and
financially autonomous and operate under commercial law.
5.3. Registered Contractor of Odisha State PWD or equivalent class of CPWD / Railway / MES / Central
or other State Govt. and Reputed Engineering Farms. Proof of registration is to be furnished
along with the tender.

6. History of Litigation and Criminal Record:

6.1. If any criminal cases are pending against the Contractor (him / her / partners) at the time of
submitting the tender, then the tender shall be summarily rejected. In such a case, the Contractor
shall submit an affidavit to the effect that the history of litigation, criminal cases pending against
him/her/partners furnished by him/her is true.

6.2. In case it is detected at any stage that the affidavit is false, he will abide by the action taken by
the Block Development Officer, Balianta, Khordha without approaching any court
whatsoever for redress. He will however, be given suitable opportunity to offer his explanation
before action is taken against him.

7. The Contractor has to furnish a declaration that no near relatives are working in the cadre of an Assistant
Engineer / Assistant Executive Engineer of the State of Odisha.

8. Other Requirements:
8.1. Even if the Contractor meets other criteria, his tender shall be summarily rejected if he is found to
have misled or made false representation in the form of any of the statements submitted in proof
of the eligibility and qualification requirements.

8.2. The tender shall also be summarily rejected if he has a record of performance such as absconding
from work, works not properly completed as per contract, inordinate delays in completion,
financial failure.

8.3. In addition to the above, even while executing the work, if it is found that he produced false /
fake, certificates in his tender, he will be blacklisted.

8.4 The bidders who have in last 3 financial years applied for / are undergoing Corporate Debt
Restructuring (CDR)/Strategic Debt Restructuring (SDR) or facing recovery proceeding from
Financial Institutions or those are facing Sickness and under consideration of Board for Industrial
& Financial Reconstruction (BIFR) are not eligible for qualification. Self declaration Certificate by
the bidder in the form of affidavit is to be submitted.

9. Original Certificates:
Original documents/certificates shall be produced as and when required to verify the copies of statements
and other information furnished along with tender. Failure to produce original documents in time will lead
to disqualification.

10. Cost of Tendering:

The Contractor shall bear all expenses associated with the preparation and submission of his tender. Block
Development Officer, Balianta, Khordha shall in no case be responsible or liable for reimbursement of
such expenses.

11. Site Visit:

The contractor is advised to visit and examine the site area and its surroundings and obtain for himself all
information that may be necessary for preparing the tender and quoting rates at his cost and responsibility.
B. TENDER DOCUMENTS

12. Tender Documents:

12.1. A set of Tender Documents comprising of the DTCN & BOQ includes the following together with all
Addenda thereto, which may be issued in accordance with Clause 2(B) 13 and Clause 2(B) 14.

Section Description
DTCN Part – I: General & Technical- Bid
Section-1 Notice Inviting Tender
Section-2(A) Details of the Documents to be Furnished for Online Bidding
Section-2(B) Instructions to Bidders
Section-2(C) Data Sheet
Section-2(D) Letter for Submission of Tender
Section-3 Conditions of Contract
Section-4 Special Conditions of Contract
Section-5 Scope of Work
Section-6 Technical Specifications & Design Criteria
Section-7 Payment Schedule
Schedule-A to F Formats for furnishing Information by the Bidder
Guidelines/Procedure to be followed in introduction of e-Procurement in
Annexure-I
Govt. of Odisha
Procedure for Electronic Receipt, Accounting and Reporting of Cost of
Appendix - II
Tender Paper and Earnest Money Deposit on submission of bids
DTCN Part – II: Bill of Quantity

12.2. The Contractor is expected to examine carefully all instructions, terms of reference, tender conditions,
forms, appendices to tender, addenda in the tender documents. Failure to comply with the requirements of
tender submission will be at the contractor’s own risk.

13. Clarification of Tender Documents:

The Contractor shall carefully examine the tender documents and be fully informed of all the conditions and
matters, which may in any way affect the work or the cost thereof. Should a Contractor find any
discrepancy in or omission from the specification or any other of the tender documents or should he be in
doubt as to their meaning, he should immediately address a clarification online as per the critical dates
mentioned in the DTCN.

14. Amendment of Tender Documents:

14.1. At any time prior to the dead line for submission of tenders, Block Development Officer, Balianta,
Khordha may for any reason, whether at its own initiative or in response to the clarifications requested by
the prospective Contractor, modify the tender documents by issuing an Addendum.

14.2. Such addenda will be notifying in the website and will be binding upon them.

14.3. In order to afford prospective Contractor reasonable time to take such addenda into account in preparing
their tenders, Block Development Officer, Balianta, Khordha at his discretion, may extend the dead
line for the submission of tenders, if necessary.
C. PREPARATION OF TENDER DOCUMENT

Guidelines for preparation of bids on line mode has been issued by Government in
Works Department letter No.1027 dated 24.01.09 and appended at last part of this document.
The bidders are required to go through the procedure before preparation of bids.

15. Language of the Documents:

All documents relating to the Tender shall be in the English language.

16. Documents Comprising the Tender:

(a) Detailed Tender Call Notice(DTCN)
(b) Bill of Quantities.
(c) All documents stipulated elsewhere in the DTCN.

17. Sufficiency of Tender:

The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and
sufficiency of his tender for the services to be provided and of the prices quoted in the financial bid, which
shall cover all his obligations under the contract and all matters and things necessary for the successful
accomplishment of the work.

18. Preparation of Proposal:

18.1. The Proposal [see Section-2(B) Clause 1(J)] as well as all related correspondence exchanged by
the employer & the Contractor shall be written in the language specified in the Data Sheet.
18.2. In preparing the proposal, the Contractor is expected to examine in detail the documents
comprising the DTCN. Material deficiencies in providing the information requested may result in
rejection of a proposal.

18.3. Site Inspection by tenderer.

The tenderer shall inspect the site at his own cost and shall satisfy himself with regard to the
nature and extent of the work involved, the actual site conditions, existing facilities and shall
collect any other information which may be required before submitting the tender. Any further
data required during execution of the work / scheme shall be ascertained by the contractor at his
own cost.
19. Technical Proposal Format and Content:
The Contractor should have sufficient man power to execute & complete the work within the time schedule.
He should have sufficient financial background / machinery and equipment required for execution of the
work / free from litigation / have good working record of completion of the works in time. It may be noted
that the contractor should satisfy the minimum eligible criteria for award of Contract. The Technical
Proposal shall provide the information indicated in the following paragraphs [clause 2(B) 19.1 to 2(B)19.8]
using the attached Standard Forms. A page is considered to be one printed side of A4 or letter size paper.
19.1 The Contractor has to furnish the structure & organisation details in Schedule-‘A’.
19.2 A description of the approach, methodology and work plan for performing the assignment.
19.3 The list of the key machinery & equipment to be deployed in the work with owner proof or
agreement with the rightful owner in Schedule- ‘B’.
19.4 Copy of GST Registration Certificate.
19.5 Copy of PAN Card.
19.6 Copy of Contractor’s Registration Certificate.
19.7 General Power of Attorney if required in favour of the authorised signatory.
19.8 Other information as required.
20. Bill of Quantities:
20.1. The Contractor shall quote his rates on prescribed form of the Bill of Quantities (BoQ) already
supplied in the Tender.

20.2. The offer shall be inclusive of all costs associated with the assignment including cost of all
materials to be utilized as per scope of work cost of T&P, consumables, infrastructure backup etc.
The offer shall also be inclusive of all duties, levies, taxes of the Central and State Govt. Further it
shall also include all other expenses incidental thereto for successful accomplishment of the
assignment in conformity with the DTCN.
20.3. The contractor should make realistic assessment of the exhaustive nature of work and the extent
of expert technical and managerial inputs and resources required to carry out the work diligently
to complete the work within the stipulated time and quote their offer accordingly.
20.4. The rate quoted by the farm shall be farm.

21. Tender Validity:

21.1. The proposal must remain valid for 120 (One Hundred Twenty) days from the date of opening
of Bid.
21.2. A Contractor agreeing to the request of extending the validity period of the proposal will not be
required or permitted to modify his tender, but will be required to extend the validity of his EMD.
22. Authorisation, Corrections, Erasures etc. in Tender Papers:
22.1. The tender document shall be digitally signed by a person duly authorized to do so. Proof of
authorization shall be furnished in the form of a certified copy of Power of Attorney, which shall
accompany the tender.
22.2. The completed tender shall be submitted without any alterations, inter-relations or erasures
except those which accord with instructions given by the Block Development Officer,
Balianta, Khordha
22.3. Only one tender shall be submitted by a contractor. Submission of bids through e-Procurement
portal the system shall consider only the last bids submitted through portal.

23. Earnest Money Deposit / ISD / SD / Additional Perform Security & GST Registration:
23.1. Earnest Money Deposit:
The Earnest Money Deposit (EMD) of 1 % of Estimated has been exempted as per Memorandum
of Works Department Vide No.5984/W, Dated. 27.04.2021, wherein the bidder has to submit a
“Bid Security Declaration” in prescribed format in Schedule - F
23.2. Initial Security Deposit:
The successful Tenderers, after receipt of formal order shall have to furnish Initial Security Deposit
(ISD) equal to 1% (One percent) of the accepted value of the tender in shape of NSC/Postal
Saving Pass Book /Post Office Time Deposit / Kishan Vikash Patra/Deposit Receipt in Schedule
Bank duly pledged in favour of the Block Development Officer, Balianta, Khordha Payable at
BALIANTA within 7(seven) days of receipt of intimation failing which their tender shall be
cancelled and appropriate action as deemed fit will be taken.

23.3. Additional Performance Security:

Additional Performance Security (APS) i.e. the differential cost of the estimated cost put to tender
minus the quoted amount shall be obtained only from the successful bidder when the bid amount
is less than the estimated cost put to tender.

In view of Works Department Letter No.4559/W Dt.05.04.2021, the said condition of

providing Additional Performance Security of the amount of difference can be imposed only for a
successful bidder.
On intimation from the tender inviting authority, the Successful bidder shall submit the required
amount of Additional Performance Security in shape of NSC/ Postal Saving Pass Book /Post Office
Time Deposit / Kishan Vikash Patra /Deposit Receipt in Scheduled Bank duly pledged in favour of
Block Development Officer, Balianta, Khordha Payable at Bhubaneswar before issuance of
Letter of Acceptance (LoA). As per scheduled below

Range of Difference between the estimated APS to be deposited by the

Sl. No.
cost put to tender and bid amount Successful bidder
01 Below 5% No APS
50% of the difference
02 From 5% and above and below 10% between estimated cost put to
tender and bid amount
150% of the difference
03 From 10% and above between estimated cost put to
tender and bid amount

23.4. GST Clearance Certificate:

Tenderers are required to submit attested copies of valid and up-to-date GST Clearance/ GST
Registration Certificates along with their tenders, failing which their tenders will not be considered.
23.5. Security Deposit
In addition to above, 3% of gross value will be deducted from bill(s) of the contractor toward
Security Deposit (SD) which will be refunded after the defect liability period subject to payment of
final bill. (Revised from 05% to 35 as per Office Memorandum of Works Department Vide
No.5992/W, dated 27.04.2021 till 31.12.2021)
23.6. The bidder shall be blacklisted, if, (a) a contractor withdraws the tender during the validity period
of tender or (b) if the farm fail to furnish ISD within due time or (c) the successful tenderer fails to
sign the Agreement for whatever reason.
23.7. In consideration of the Executive Officer / Government to investigate and to take into account each
tender and in consideration of the work thereby involved, the bidder will be blacklisted in the
event of such tenderer either modifying or withdrawing his tender at his instance within the
validity period.

24. Signing of Tenders / Bid

All tender documents will be signed digitally with Digital Signature Certificate (DSC). The online bidder shall
digitally sign on all statements, documents, certificates, uploaded by him, owing responsibility for their
correctness / authenticity as per IT Act’2000. If any of the information furnished by the bidder is found to
be false / fabricated / bogus, the bidder is liable to be blacklisted.

24.1 If the tender is made by an individual, it shall be signed with his own Digital Signature Certificate
(DSC).

24.2 If the tender is made by a corporation / company, it shall be signed by a duly authorized officer
who shall produce with his tender satisfactory evidence of his authorization. Such a corporation /
company may be required before the contract is executed, to furnish evidence of its corporate
existence.
The tender shall contain no alterations or additions, except those to comply with
instructions issued by the Tender Inviting Officer, or as necessary to correct errors made by the
Tenderer, in which case all such corrections shall be digitally signed.

24.3 No alteration made by the tenderer in the contract form, the conditions of the contract,
statements / formats accompanying the tender shall be recognized and in case of any alterations
made by the tenderer, the tender will be void.

24.4 All documents furnished by the contractor along with the tender are to be digitally signed by the
bidder.

25. Clarification on an Amendment to DTCN Document:

25.1. Contractor may request a clarification to any clause of the DTCN documents up to the number of
days indicated in the Data Sheet before the proposal submission date. Any request for clarification
must be sent online in the portal. The Employer will respond to this online through the same
portal. Should the Employer deem it necessary to amend the DTCN as a result of a clarification, it
shall do so following the procedure under para.2 (B) 25.2.

25.2. At any time before the submission of Proposals, the Employer may amend the DTCN by issuing an
addendum/corrigendum which shall be published in the portal. The addendum/corrigendum shall
be binding for the bidders. To give the bidders a reasonable time to take into account the
amendment into their proposals the Employer may, if the amendment is substantial, extend the
deadline for the submission of proposals. The purpose of this is to clarify issues on any matter, a
tenderer may raise concerning the tendering of the works.
D. SUBMISSION OF TENDERS

26 In view of adoption of e-procurement process pursuant to Government of Odisha in Works

Department Office Memorandum No.FA-R-3/08-4657/W dated 12.03.2008, 4666/W dated
12.03.2008 & 1027/W Dt.24.01.2009 following changes/ modification/ addendum shall be
effected.

26.1. Bid Documents:

Bid documents consisting of DTCN & BOQ shall be provided in the portal. Submission of bids will
be through the e-Procurement portal. The bidders shall prepare the documents & up load the
scanned document to the portal in appropriate place in PDF format.

26.2. Documents Comprising the Bids:

In case of submission of Bids through the e-Procurement Portal, the bidder can submit the
scanned copy of the documents in the designated locations of the DTCN & BOQ. Submission of
document shall be effected using Digital Signature Certificate (DSC) of appropriate class and thus
shall be in encrypted form.

26.3. Bid Price: (BoQ)

Bill of Quantity in Microsoft Excel format shall be made available to the bidder. The bidder shall
down load that particular Excel sheet and fill in rates in figures at the appropriate location. The
bidder will only fill in the designated cell and activate “less” or “excess” to indicate whether his
price offer is how much excess or less than the estimate amount. The bidder is not supposed
to change or modify the format of the excel sheet in any form.

26.4. Bid Security/EMD:

(i) The bidder shall remit bid security for the amount shown in Col. 5 of the table of Notice
Inviting Tender (NIT) on online mode.

(ii) The EMD will be forfeited in any of the following case.

a) If the Bidder withdraws the Bid after Bid opening during the period of Bid validity.

b) If the Bidder does not accept the correction of the Bid Price.

c) In the case of a successful Bidder, If the Bidder fails within the specified time limit to
i) Sign the Agreement / contract or
ii) Furnish the required ISD and Performance Security.

d) In case of submission of Bids through the e-Procurement Portal, if any of the

statements, documents, and certificates up loaded by the bidder is found to be false/
fabricated/ bogus, the bidder will be blacklisted and his EMD/ Bid Security shall be
forfeited.

26.5. Submission of Bid:

In case of submission of bids though e-Procurement portal on the bidder shall upload the scanned
copy/copies of documents as required as per DTCN. The on line bidder shall have to produce the
original documents in support of scanned copies & statements up-loaded in the portal on demand
by the employer prior to award of contract-failing which action as per DTCN will be initiated.

In case of submission of Bids through the e-Procurement Portal, the bidder shall only submit
single copy of the document. He is required to check the documents uploaded with the
requirement asked for in the bid. Only after satisfying that all the documents have been uploaded,
he should activate submit button. His bids shall not be considered responsive and action as per
relevant clause shall be taken if he does not provide the required documents or provided illegible
document. Clarity of the document may be ensured by taking out a sample printing.

26.6. Late Bids:

In case of submission of Bids through the e-Procurement Portal, the system shall reject
submission of any bid through portal after closure of the receipt time. For all purpose the portal
time displayed in the system shall be the time to be followed by the bidder.

27. Modification & Withdrawal of Bid:

In case of submission of Bids through the e-Procurement Portal, it is allowed to modify the bid.
The bidder shall have to log on to the system and resubmit the documents as asked for by the
system including the price bid. In doing so, the bids already submitted by the bidder will be
removed automatically from the system and the latest bid only will be admitted. But the bidder
should avoid modification of bid at the last moment to avoid system failure or malfunction of
internet or traffic jam. If the bidder fails to submit his modified bids with in the designated time of
receipt, the bids already in the system shall be taken for evaluation.

In case of submission of Bids through the e-Procurement Portal, withdrawal of bid is allowed. The
bidder has to click on the “withdraw” button and record the necessary justification for the same in
the space provided. In addition to this, he has to write a letter addressed to the Officer inviting
the bid and up load the scanned document to portal in respective bid. The system shall not allow
any withdrawal after expiry of the closure time of the bid.

28. Bid Opening:

In case of submission of Bids through the e-Procurement Portal, the bidders who participated in the online
bidding can witness opening of the bid from any system logging on to the portal away from opening place.
The bids can only be opened by the pre-designated officials only after the opening time mentioned in the
bid.

29. Award of Work:

In case of submission of Bids through the e-Procurement Portal, the system shall generate the Award of
Contract letter and intimate the bidders in his e-mail.

E. TENDER OPENING AND EVALUATION

30. Tender Opening:
30.1 The Block Development Officer, Balianta, Khordha will open the tenders electronically on
the date & time mentioned in the Notice Inviting Tender (NIT).
30.2 A) A tender shall be rejected if;
i) BOQ is not enclosed.
ii) Cost of tender document has not remitted online on submission of bid.
iii) EMD as per Clause 2(B) 23.1 has not submitted in Schedule-F.
iv) Proof of eligibility is not enclosed.
v) Copy of GST Registration, PAN, License is not enclosed.
vi) Copy of EPF Registration/ undertaking
vii) Affidavit is not enclosed as in Schedule-E.
viii) Scheduled A, B, C & D in appropriate format duly signed in token of acceptance.
ix) If the rate quoted by the bidder is less than 15% of the tendered amount.
x) Letter for submission of tender is not uploaded.

30.2 B) Tenderer should up load other required documents as stipulated in the

Section-2(A) of DTCN.
30.3. The Block Development Officer, Balianta, Khordha may prepare, for his own record, minutes
of the tender opening, including the tender opening summary which shall be posted in the portal.

31. Clarification on Tenders from Tenderers:

To assist in the scrutiny, evaluation and comparison of the tenders, the Block Development Officer,
Balianta, Khordha may ask contractor individually for clarification on their tenders. The request for
clarification and response shall be in writing or by mail. However, no change in the tender amount/ rate or
substance shall be sought, offered or permitted by the Block Development Officer, Balianta, Khordha
during the evaluation of the tenders.

32. Determination of Responsiveness:

32.1 Prior to the detailed evaluation of tenders, Block Development Officer, Balianta, Khordha will
determine whether each tender has been submitted in the proper form and whether it is
substantially responsive to the requirements of the tender documents.
32.2 Any tender which is not substantially responsive to the requirements of the tender documents as
mentioned in 30.2(A) will be rejected by the Block Development Officer, Balianta, Khordha
such a tender shall not be allowed subsequently to be made responsive by the contractor by
correcting or withdrawing the non-conforming deviation(s) or reservation(s).
33. Proposal Evaluation:
33.1 From the time of the proposals are opened to the time, the contract is awarded, the contractor
should not contact the client on any matter related to its proposal except any required in Clause-
2(B)31.
33.2 Any effort by a bidder to influence the client in any form directly or indirectly during the
examination, evaluation, ranking of proposals, and recommendation for award of the contract may
result in the rejection of the contractor’s proposal.
33.3 Evaluation of the Bid:
33.3.1 The Evaluation Committee shall evaluate the Bids on the basis of their responsiveness
to the DTCN.
33.3.2 A Bid shall be rejected at this stage if it does not respond to required aspects of the
TCN / DTCN.
33.3.3 The bids determined to be substantially responsive will be checked by the employer for
any arithmetic error(s).
33.3.4 The Evaluation Committee will correct any computational errors. When correcting
computational errors, in case of discrepancy between a partial amount and the total
amount or between words and figures, the amount in words will prevail.
33.3.5 If the bid price increases as a result of these corrections, the amount as stated in the
bid will be the bid price and any increase will be treated as rebate. If the bid price
decreases, the decreased amount will be treated as bid price.
33.4 Selection of Contractor:
If the rate quoted by the bidder is less than 15% of the tendered amount, then such a bid shall be
rejected and the tender shall be finalised basing on merits of rest bids. But if more than one bid is quoted
at 14.99% (Decimals up to two numbers will be taken for all practical purposes) less than the estimated
cost, the tender accepting authority will finalize the tender through a transparent lottery system, where all
bidders/their authorised representatives, the concerned Executive Engineer and Executive Officer will
remain present. (As per Amendments to Appendix-IX, Clause-36 of OPWD Code, Vol-II by
inclusion vide Govt. Of Odisha, Works Deptt. Office Memorandum No – 12366,
Dtd- 08.11.2013).
In case of Percentage Rate Contract, the contactor shall write percentage excess or less up to one decimal
point only. If he writes the percentage excess or less up to two or more decimal points, the first decimal
point shall only be considered without rounding off. (As per Para No. 3.5.5.(V) of OPWD Code Vol-I).
(a) An intelligent BOQ in MS Excel format shall be made available to the bidder through e-procurement
portal. The bidder shall download that particular excel sheet and fill in the rates both in words and
figures for all items at the appropriate location. The bidder is not supposed to change or modify the
format of the excel sheet in any form.
(b) In percentage rate contracts the schedule of quantities shall mention estimated rate of each item
and amount thereto. The tenderer has to mention percentage excess over/ less than the estimated
cost (in figures and words) in the prescribed format appended to the tender document. The tenderer
who participates in the tender for more than one work will offer conditional rebate. Rebate offer
submitted in separate sealed envelope shall be opened, declared and recorded first. The rebate
offered shall be considered after opening of all packages called in the tender notice. The tenderer
who wish to tender for two or more work shall submit separate tender for each. Each tender shall
have the name and number of the works to which they refer, written on the envelope.
In the percentage rate tenders, only percentage quoted shall be considered. Percentage quoted
by the tenderer shall be accurately filled in figures and words, so that there is no discrepancy. If any
discrepancy is found in the percentage quoted in words and figures, then the percentage quoted by
the tenderer in words shall be taken as correct. If any discrepancy is found in the percentage quoted
in percentage excess/less and total rate quoted by the tenderer then percentage will be taken as
correct. The percentage rate quoted in the tender without mentioning excess or less and not
supported with the corresponding amount will be treated as excess. The tenderer will write
percentage excess or less up to two decimal point only. If he writes the percentage excess or less
up to three or more decimal point, the first two decimal points shall only be considered without
rounding off. Where the tenderer has omitted to quote the Percentage rates either in figures or in
words, the Officer opening the tender should record the omission.

(c) The quantity mentioned in the BOQ can be increased or reduced to the extent of 10% for individual
items subject to maximum of 5% over the estimated cost. If it exceeds this limit prior approval of
competent authority is mandatory before payment

(d) The period of completion is fixed and cannot be altered except in case of exceptional circumstances
with the due approval from next higher authority.
34. Negotiations:
Negotiations will be held if required with the lowest valid tenderer. In the event of the L 1 tenderer has
furnished any condition which grossly affects the tender value / contains such conditions which make the
value of the offer indefinite, he may be given an opportunity to withdraw such condition(s) to make the
tender definite. Failure to withdraw such condition(s) may lead to rejection of the tender as in consistent /
non responsive. In such case the employer may explorer the possibility of considering the next valid tender as
L1.
If L1 bidder does not turn up for agreement after finalisation of the tender, then he shall be
debarred from participation in bidding for three years and action will be taken to black list the contractor.
In case, the L2 bidder ,if fulfils, other required criteria would be called for drawing agreement for
execution of work subject to condition that L2 bidder negotiates at par with the rate quoted by the L1
bidder otherwise the tender will be cancelled. (As per the Government of Odisha, Works
Department Office Memorandum No.12366 dated 08.11.2013 on amendment to Para No.
3.5.14, Note-I of OPWD Code Vol-I, by inclusion.)

F. AWARD OF CONTRACT
35. Award Criteria:
35.1. After acceptance of the bid by competent authority, the selected contractor will be intimated
about such acceptance.

35.2. The contractor is expected to commence the work on the date and at the location specified in
the Data Sheet.

36. Right to Accept or Reject any or all Tenders:

Notwithstanding Clause 2(B)35, the CDO-cum-Executive Officer, Zilla Parishad, Khordha / Block
Development Officer, Balianta, Khordha/ Government of Odisha reserves the right to accept or
reject any tender, annul the tendering process, reject all tenders at any time or any stage prior to the
award of contract without thereby incurring any liability to the affected bidders.

37. Process to be Confidential:

37.1. After the opening of tenders as per Clause 2(B) 30 & 2(B) 33, information relating to
examination, clarification, evaluation and comparison of tenders and recommendations,
concerning to the award of contract shall not be disclosed to the contractor or any other
persons, officially not concerned with the process, until the award of the contract to the
successful contractor has been announced.

37.2. Any effort by any contractor to influence the Department officials in scrutiny, clarification,
evaluation and comparison of tenders, and in any decisions concerning award of a contract,
may result in the rejection of their Tender.

38. Notification of Award & signing of Agreement:

a) The Employer/ Engineer-in-charge shall notify acceptance of the work prior to expiry of the
validity period by cable, telex or facsimile or e-mail confirmed by registered letter. This Letter of
acceptance will state the sum that the Engineer-in-charge will pay the contractor in consideration
of the execution & completion of the works by the contractor as prescribed by the contract & the
amount of performance security and additional performance security required to be furnished. The
issue of the letter of acceptance shall be treated as closure of the Bid process and commencement
of the contract.
b) The contractor after furnishing the required acceptable performance security and additional
performance security, “Letter to Proceed” or “Work Order” shall be issued by the Engineer-in-
charge with copy thereof to the procurement Officer-Publisher. The Procurement Officer-Publisher
shall up load the summary and declare the process as complete.
c) In the e-Procurement Portal, the system shall generate the template of award letter and the
Officer Inviting the Bid shall mention the amount of Performance Security and additional security
required to be furnished in the letter and intimate the bidders in his e-mail ID. The issue of the
letter of acceptance shall be treated as closure of the Bid process and commencement of the
contract.
e) The bidder shall within 15 days of issue of letter of acceptance, furnish the Performance security &
additional Performance security (if any) in the prescribed form & the work programme & shall sign
the agreement in prescribed format, failing which the Engineer-in-Charge shall without prejudice
to any other right or remedy available in law, be at liberty to forfeit the Bid Security absolutely.
The agreement will incorporate all agreements between the officer inviting the bid and the
successful bidder.
f) If L1 bidder does not turn up for agreement after finalization of the tender, then he shall be
debarred form participation in bidding for three years and action will be taken to blacklist the
contractor. In that case, the L2 bidder, if fulfils, other required criteria would be called for drawing
agreement for execution of work subject to the condition that L2 bidder negotiates at par with the
rate quoted by the L1 bidder otherwise the tender will be cancelled. In case a contractor is black
listed, it will be widely published and intimated to all departments of Government and also to Govt.
of India agencies working in the state.
(Amendment to Para-3.5.14 Note-I of OPWD Code Vol.-I by inclusion)
g) Following documents shall form part of the agreement
i. The notice inviting bid, all the documents including additional conditions, specifications and
drawings, if any, forming the bid as issued at the time of invitation of bid and acceptance
thereof together with any correspondence & documents leading thereto & required amount
of performance security including additional performance security as per sub clause 37.B.e.
hereof.

ii. Standard Bid Document P.W.D. Form P-1.

iii. The letter to proceed with the work shall be issued by Engineer-in-charge only after signing
of the agreement. The notification of award will constitute the formation of the contract
subject only to the furnishing of performance security and additional performance security in
accordance with the provisions of the agreement.

iv. On acceptance of the composite bids by the competent authority the letter of award will be
issued by the Engineer-in-Charge of the major component of the work on behalf of the
Governor of Odisha.

***********
SECTION- 2(C)

DATA SHEET

Ref Cl. No. Description

Name of the Work: As per DTCN

Scope of Works: As per DTCN

Section-5

Name of the Employer: Office of the Panchayat Samiti, Balianta under PR & DW
Deptt., Govt. of Odisha, Bhubaneswar.
2(B)1.(a)

Method of selection: Qualifying in the Bid (L1).

2(B)33.4

Single Bid System: To be submitted as detailed at Clause-2(B)26.

2(B)26.

Proposals shall be submitted in the following language: English

2(B)15.

Offers must remain valid for 120 (One Hundred Twenty) days after the date of
2(B)21. opening of Bid.

Clarifications may be requested on-line till 17.00 Hrs. Of 31/10/2023

2(B)25.1

The tender will be opened on following date and time:

2(B)30
Dt-11:00 AM of 01.11.2023
SECTION –2 (D)
LETTER FOR SUBMISSION OF TENDER
[To be filled in by the Bidder]
Note:- (1) Additional conditions appended to the tender will make the tender liable for rejection.
(2) Non-submission of EMD in proper shape and other required documents as detailed
hereinafter shall make the tender liable for rejection.

Ref. No. ________/Dated__________

To
The Block Development Officer,
Balianta, Khordha

Sub: Tender for the Work “_____________________________________________________________”.

Ref: Identification No. Bid Id No. 01/BPS/2023-24/BALIANTA BLOCK published in the

website www.tendersorissa.gov.in.

Dear Sir,
With reference to the above, we are to inform you that in response to your above
referred TCN, we have downloaded the Detailed Tender Call Notice (DTCN) Part-I & II and that after
having thoroughly examined the same, we hereby tender for the work to execute the work within the
stipulated time and in conformity with the relevant clauses of the DTCN along with all related statutory
rules and regulations for the amounts as quoted in the accompanying BOQ.

2) I/We have studied, acquainted and satisfied ourselves with the site and its working
conditions for the successful and timely completion of the work.

3) I/We are submitting herewith Bar Chart to complete the work in time.

4) Our offer is unconditional and is in conformity with the requirements of the DTCN. We
understand that any additional condition put by us in the tender shall make our tender liable for
rejection.

5) I/We understood that you are not bound to assign any reason in case of rejection of our
tender.

6) I/We agree to keep our offer open for a minimum of 120 (One Hundred Twenty)
days from the date of opening of the Bid. Further extension of validity will be our prerogative.

Should this tender be accepted, we hereby agree to abide by and fulfil all the terms and
provisions of this Detailed Tender Call Notice (DTCN).

Thanking you.
Yours faithfully,

Name and Signature

of the authorised signatory
along with seal and address of the farm.
SECTION-3
CONDITIONS OF CONTRACT
3.1. Decision of Block Development Officer is Final:
The party whose tender is accepted hereinafter called the contractor is to provide everything of every
sort and kind (with the exceptions noted in the schedule attached) which may be necessary and requisite
for the due and proper execution of the several works included in the contract according to the true
intent and meaning of the drawings and specification taken together, which are to be signed by the
Block Development Officer, Balianta, Khordha herein after called the Executive Officer and the
contractor whether the same may or may not be particularly described in the specification or shown on
the drawing provided that the same are reasonably and obviously to be inferred there from and in case
of any discrepancy between the drawings and the specifications the Executive Engineer is to decide
which shall be followed.

3.2 Amendment of Errors during Progress of Work:

The contractor is to set out the whole of the works in conjunction with an officer to be deputed by the
Executive Engineer and during the progress of the works to amend on the requisition of the Executive
Engineer any errors which may arise therein and provide all the necessary labour and materials for
doing. The contractor is to provide all plant labour and materials (with the exception noted in Schedule),
which may be necessary and requisite for the works. All materials and workmanship are to be the best of
their respective kinds. The contractor is to leave the works in all respects clean and perfect at the
completion thereof.

3.3. Fair Wage Clause:

The contractor shall not employ for the purpose of this contract any person who is below the age of
fourteen years, and shall pay to each labourer, for the work done by such labourer, fair wages. Fair
wages means wages whether for time or piecework, prescribed by the State P.W.D. provided that where
higher rates have been prescribed under the minimum wages Act, 1948, wages at such higher rates
should constitute fair wages.
The Executive Engineer shall have the right to enquire into and to decide any complaint alleging that the
wages paid by the contractor to any labourer for the work done by such labourer is less than the wages
paid for similar work in the neighbourhood.

The Officer-in-charge of the work shall have the right to decide whether any labourer employed by the
contractor is below the age of fourteen years and to refuse to allow any labourer whom he decides to be
below the age of fourteen years, to be employed by the contractor.

3.4. Approved Drawings & Specification of Site with Contractors Agent:

Complete copies of the drawing and specifications signed by the Executive Engineer and the same or
copies thereof are to be kept with the works in-charge of the contractor's agent which is to be constantly
kept on the ground by the contractor and to whom instructions can be given by the Executive Engineer.

3.5. Work not to be Sublet:

The work should not be sublet. During execution of work if it is found that the work/ part of the
work is sublet, the Executive Engineer may there upon by notice in writing, rescind the contract and
the security deposit of the contractor shall thereupon stand forfeited and be absolutely at the
disposal of Government. In addition, the contractors shall not be entitled to recover or be paid for any
work thereafter actually performed under the contract.

3.6. Deviation from Approved Drawing and Specifications:

The contractor is not to vary or deviate from the drawings or specifications or execute any extra work of
any kind whatsoever unless upon the authority of the Executive Engineer to be sufficiently shown by any
order in writing, by any plan or drawing expressly given and signed by him as an extra or variation or by
any subsequent written approval signed by him. In case of daily labour all vouchers for the same are to
be delivered to the Executive Engineer or the Officer-in-Charge at least during the week following that in
which the work may have been done and no day work shall be allowed unless authorised by the
Executive Engineer and no such authority shall be given if the work is capable of being measured and
being paid for at an agreed rate.

3.7. Rate for Extra Work.

Any authority given by the Executive Engineer, for any alterations or additions in or to the works, is not
to vitiate contract. But all additions, omissions or variations made in carrying out the works are to be
measured and valued and certified by the Executive Engineer and added to or deducted from the amount
of the contract as the case may be. For new items the same shall be paid at the rates, in accordance
with the sanctioned schedule of rates, in force at the time, when the particular item of work was
commenced. In those cases in which rates do not exist, the Additional Executive Officer
(Technical), Zilla Parishad, Khordha will fix the rates to be paid and his decision shall be final.

3.8. Extension of Time:

If the contractor shall desire an extension of time for completion of the work on the ground of his having
been come across with unavoidable hindrance in its execution or any other grounds he shall apply in
writing to Executive Engineer within 30 days of the date of the hindrance on account of which he desires
such extension as aforesaid and the authority shall if in his opinion (which shall be final) as reasonable
ground be shown thereof authorized such extension of time if any, as may in his opinion, be necessary
or proper. The authority shall at the same time inform the contractor whether the authority claims
compensation for delay, in case there is any delay in execution due to non-availability of stock materials
or land or rise in cost of materials and labour or any reason whatsoever beyond the control of authority,
the contractor is bound to execute the work as per the terms and rates in the contract and no monetary
claim on such account will be acceptable to the authority but extension of time, proportionate to the
delay in execution may be granted by the authority considering the merit of the case. The competent
authority reserves the right to take any expert advice of any Committee/ Secretary/ Legal Advisor while
considering the application of the contractor for extension of time and can impose any condition which
shall be binding on the contractor.

3.9. Works & Materials at Site to be Property of Government of Odisha.

All works and materials brought and left at site by the contractor or by his orders for the purpose of
forming part of the works are to be considered to be the property of the Governor of Odisha and the
same are not to be removed or taken away by the contractor or any other person without the specific
permission in writing of the Executive Engineer but the Governor of Odisha will not be liable for any loss
or damage which may happen to or in respect of any such work or materials either by the same being
lost or stolen or injured by weather or otherwise.

3.10. Supply of Materials:

The contractor shall at his own expense provide all materials required for the work. The materials
supplied by the contractor shall conform to relevant latest editions of the specification and codes of
practices of the Bureau of Indian Standards or in their absence to other specifications as may be
specified by the Engineer-in-charge. The contractor shall furnish necessary certificates in support of the
quality of the materials as may be required by the Engineer-in-charge.
The Engineer-in-charge shall have absolute authority to test the quality of materials at any time through
any reputed laboratory at the cost of contractor. The contractor shall not be eligible for any claim or
compensation either arising out of any delay in the work or due to any corrective measures required to
be taken on account of and as a result of testing of materials.
The Executive Engineer has full power for removal from the premises of all materials which, in his
opinion, are not in accordance with the specification and in case of default, the Executive Engineer is to
be at liberty to sell such materials and to employ other persons to remove the same without being
answerable or accountable for any loss or damage that may happen or arise to such materials. The
Executive Engineer is also to have full power to require other proper materials to be substituted and in
case of default, the Executive Engineer may cause the same to be supplied and all costs which may
attend such removal and substitution are to be borne by the contractor and may be recovered from the
sale proceeds of such rejected materials when necessary, the balance, if any, being kept in deposit in the
contractor’s favour.
3.10.1 The successful bidder is to purchase materials necessary for execution of work contract
from local SSI units & MS Enterprises having valid rate contract & ISI mark.

3.11. Execution with Defective Workmanship & Improper Materials.

If in the opinion of the Executive Engineer any of the works have been executed with improper materials
or defective workmanship, the contractor is then required by the Executive Engineer forthwith to re-
execute the same and to substitute proper materials and workmanship and in case of default of the
contractor in so doing within a week, the Executive Engineer is to have full power to employ other
agency to re-execute the work and the cost thereof shall be borne by the contractor.
3.12. Rectification of Defects within Guarantee Period:
Any defects, shrinkage or other faults which may appear within 12 (twelve) months from the completion
of the work arising out of defective or improper materials or workmanship are upon the direction of the
Executive Engineer to be amended and made good by the contractor at his own cost unless the
Executive Engineer for reasons to be recorded in writing shall decide that they ought to be paid for and
in case of default, the Governor of Odisha may recover from the contractor the cost of making good the
works.

3.13. Responsibility of the Contractor during Execution of Work:

From the commencement of the works to the completion of the same they are to be under the
contractor’s charge. The contractor is to be held responsible for and to make good all injuries, damages
and repairs occasioned or rendered necessary to the same by fire or other causes and they are to hold
the Governor of Odisha harmless from any claims for injuries to persons or for structural damage to
property happening from any neglect, default, want of proper care or misconduct on the part of the
contractor or of any one of his employees during the execution of the works.

3.14. Execution of Works in the Site by Other Workmen:

The Executive Engineer is to have full powers to send workmen upon the premises to execute fittings
and other works not included in the contract for whose operations the contractor is to afford every
reasonable facility during ordinary working hours provided that such operations shall be carried on in
such a manner as not to impede the progress of the work included in the contract but the contractor is
not to be responsible for any damage which may happen to or be occasioned by any such fittings or
other works.

3.15. Compensation for Delay:

(a) The time allowed for carrying out the work as entered in the tender shall be strictly observed by the
contractor and shall be reckoned from the date on which the written order to commence work is given to
the contractor. The work shall throughout the stipulated period of the contract, be carried on with all due
diligence (time being deemed to be essence of the contract on the part of the contractor) and the
contractor shall pay, as compensation, an amount equal to 1/2 percent of the amount of the estimated
cost, if the whole work as shown by the tender for every day that the work remains un-commenced, or
un-finished after the proper dates (The work should not be considered finished until such date as the
Executive Engineer shall certify as the date on which the work is finished after necessary rectification of
defects as pointed out by the Executive Engineer or his authorised agents, are fully complied with by the
contractor to the Executive Engineer’s satisfaction). And further to ensure good progress during the
execution of the work, the contractor shall be bound, in all cases in which the time allowed for any work
exceeds one month, to complete one-fourth of the whole of the work before one fourth of the whole
time allowed under the contract has elapsed, one half of the work, before the half of such time has
elapsed, and three fourth of work before three fourths of such time has elapsed, in the event of the
contractor failing to comply with the condition he shall be liable to pay as compensation an amount equal
to one-third percent on the said estimated cost of the whole work for every day that the due quantity of
work remains incomplete. Provided that the entire amount of compensation to be paid under the
provision of this clause shall not exceed 10% (Ten Percent) of the estimated cost of the work as shown
in the tender.

(b) If there are possibilities of exceeding this compensation amount as mentioned in clause (a) 10% of the
estimated cost, or in any case in which under any clause or clauses of this contract, the contractor shall
have rendered himself liable to pay compensation amounting to the whole of his security deposit in the
hands of Government (whether paid in the sum or deducted by instalments) the Executive Engineer on
behalf of the Governor of Odisha, shall have power to adopt any of the following courses, as he may
deem best suited to the interest of the Government.

i) To rescind the contract (of which recession notice in writing to the contractor under the hand of
the Executive Officer shall be conclusive evidence) 20% of the value of the left over work will be
realized from the contractor as penalty.

ii) To employ labour paid by Deptt. of Water Resources and to supply materials to carry out the
work, or any part of the work, debiting the contractor with the cost of the labour and the price of
the materials (of the amount of which the cost and price certificate of the Executive Engineer shall
be final and conclusive against the contractor) and crediting him with the value of the work done,
in all respect in the same manner and at the same rates as if it had been carried out by the
contractor under the terms of his contract; the certificate of the Executive Engineer as to the
value of the work done shall be final and conclusive against the contractor.

iii) To measure up the work of the contractor and to take such part of the work of the contract, as
shall be unexecuted out of his hands and to give it to another contractor to complete, in which
case any expenses which may be incurred in excess of the sum which would have been paid to
the original contractor if the whole work had been executed by him (of the amount of which
excess the certificate in writing of the Executive Engineer shall be final and conclusive) shall be
borne and paid by the original contractor and may be deducted from any money due to him by
Government under the contract or otherwise or from his security deposit or the proceeds of sale
thereof or a sufficient part thereof.

In the event of any of the above courses being adopted by the Executive Engineer the contractor
shall have no claim to compensation for any loss sustained by him by reason of his having
purchased or procured any materials, or entered into any engagements, or made any advance on
account of with a view to the execution of the work or the performance of the contract. And in
case the contract shall be rescinded under the provision aforesaid, the contractor shall not be
entitled to recover or be paid any sum for any work there to for actually performed under this
contract, unless and until the Executive Engineer shall have certified in writing the performance of
such work and the value payable in-respect thereof and he shall only be entitled to be paid the
value so Certified.

3.16. Circumstances for Rescission of Contract:

If the contractor shall become bankrupt or compound with or make any assignment for the benefit of his
creditors or shall suspend or delay the performance of his part of the contract (except on account of
cause mentioned in Clause 3.15 or in consequence of not having proper instructions for which the
contractor shall have duly applied) the Executive Engineer may give to the contractor or his assignee or
trustee as the case may be notice requiring the works to be proceeded with and in case of default on the
part of the contractor for a period of seven days, it shall be lawful for the Executive Engineer to rescind
the contract, if necessary, and to enter upon and take possession of the work and to employ any other
person to carry on and complete the same and to authorise him or them to use the plant, materials and
property of the contractor upon the works and the costs and the charge incurred in any way in carrying
on and completing the said works are to be paid to the Executive Engineer by the contractor or may be
set off by the Executive Engineer against any money due or to become due to contractor. If the assignee
or trustee of the Contractor proceeds with the work, the conditions of this contract shall be binding upon
the said assignee or trustee.

3.17. Payment Certificate.

A Certificate of the Executive Officer or an award of the refer hereinafter referred to as the case may be
showing the final balance due or payable to the contractor is to be conclusive evidence of the works
having been duly completed and that the contractor is entitled to receive payment of the final balance,
but without prejudice to the liability of the contractor under the provisions of Clause-3.11.

3.18. The Executive Officer shall make payment of work in full or part thereof those shall have been certified,
subject to availability of Letter of Credit (LoC).

3.19. Price Variation / Escalation Clause: (Vide Works Deptt. Office Memorandum No.12606/W
dt.24.12.2012)
Contract price shall be adjusted for increase or decrease in rates and price of Labour, Cement, Steel,
Bitumen, Pipes, POL & other material component in accordance with the following principles and
procedures as per formula given below:

(a) (i) REIMBURSEMENT / RECOVERY DUE TO VARIATION IN PRICES OF MATERIALS OTHER THAN
(STEEL, CEMENT, BITUMEN, PIPES & P.O.L)

“If during the progress of the work the price of any materials (excluding the cost of steel, cement,
bitumen & POL) incorporated in the work (not being materials supplied from the Engineer-in-charge’s
store) in accordance with clause there of increases or decreases as a result of increase or decrease in
the Average Wholesale Price Index (all commodities), and the Contractor thereupon necessarily and
properly pays in respect of that materials incorporated in the work such increased or decreased price,
then he shall be entitled to reimbursement or liable to refund, quarterly as the case may be, such an
amount, as shall be equivalent to the plus or minus difference of 85% in between the Average
Wholesale Price Index (all commodities) which is operating for the quarter under consideration and
that operated for the quarter in which the bid was received (last date of receipt) as per the formula
indicated below provided that the work has been carried out within the stipulated time or extension
thereof as are not attributable to him. If penalty is levied for delayed completion of the work, the
contractor shall not be eligible to get price escalation on the above materials on the value of works
executed during the extended period.

This clause will be applicable to the contracts where original stipulated period of
completion is more than 18 months.

In the situation where the period of completion is initially stipulated in the agreement as less than 18
(eighteen) months but subsequently the completion period has been validly extended on the ground
that the delay in completion is not attributable to the contractor and in the result the total period
including the extended period stands more than 18 (eighteen) months or more, price escalation for
other materials is admissible only for the remaining period excluding 18 (eighteen) months there
from.
Formula to calculate the increase or decrease in the price of material:-

Price adjustment for increase or decrease in cost of materials other than cement, steel, bitumen, pipes
and POL procured by the contractor shall be paid in accordance with the following formula:

Vm = 0.85 x Pm / 100 x R x (Mi-M0)/ M0

Vm = Increase or decrease in the cost of work during the quarter under consideration due to
changes in rates of materials other than cement, steel, bitumen, pipes and POL.

R= Value of work done during the quarter under consideration excluding the work executed
under extra items if any at prevailing schedule of rate/ derived rates.

Mo = The all India wholesale Price Index (all commodities) prevailed during the quarter of last
date of receipt of bids (as published by the Economic Adviser to Govt. of India, Ministry
of Industry and Commerce, New Delhi).

Mi = The all India wholesale price index (all commodities) for the quarter under consideration
as published by Economic Adviser, Govt. of India, Ministry of Industry and Commerce,
New Delhi. In respect of the justified period extended for completion of the work, the
index prevailing at the time of stipulated date of completion or the prevailing index of the
period under consideration, whichever is less, shall be considered.
Pm = Percentage of material Component (other than cement, steel, bitumen, pipes and POL) of
the work, as indicated in clause – (d) below.

(A) (ii) REIMBURSEMENT / RECOVERY OF DIFFERENTIAL COST DUE TO VARIATION IN PRICES OF

PRINCIPAL MATERIALS (STEEL, CEMENT, BITUMEN & PIPES NOT ISSUED BY DEPARTMENT)
AFTER SUBMISSION OF TENDER.

If after submission of the tender, the prices of steel, cement, bitumen and pipes (not being
supplied by the Department) increases / decreases beyond the price (s) prevailing at the time of
the last date for submission of tenders including extension for the work, the contractor shall be
eligible to get differential cost due to such hike on the value of works executed during the
stipulated period and during the extended period when the reason of delay in completion of the
work is not attributable to the contractor. If penalty is levied for delayed completion of the work,
the contractor shall not be eligible to get price variation on the above materials on the value of
works executed during the extended period.
Reimbursement in case of differential cost due to increase in prices of cement, steel, bitumen and
pipes are to be made by the Executive Engineer with prior approval of tender accepting authority
subject to following conditions:

1) Contractors have to submit the vouchers showing procurement of different materials from
authorized dealers for the said work.
2) Differential cost will be allowed only for the works which are progressed as per the approved
work programme / revised work programme duly approved by the Engineer-in-charge.

Recovery in case of decrease in prices of cement, steel, bitumen and pipes shall be made by
concerned Executive Engineer from the Contractor immediately.

The increase / decrease in prices of cement, steel, Bitumen and Pipes for reimbursement /
recovery shall be determined as follows.

a) Adjustment towards differential cost of cement

Vc = (Ci-C0) / C0 x Actual quantity of cement utilised in the work during the quarter under
consideration x base price of cement as prevailing on the last stipulated date of receipt of tender
including extension, if any.

Vc = Differential cost of cement i.e. amount of increase or decrease in rupees to be paid or

recovered

Ci = All India wholesale price index for cement for the quarter under consideration as published by
Economic Adviser, Government of India, Ministry of Industry and Commerce, New Delhi.

C0 = All India wholesale price index (as published by Economic Adviser, Government of India,
Ministry of Industry and Commerce, New Delhi) for cement as prevailing on the last stipulated
date of receipt of tender.
b) Adjustment towards differential cost of Steel

Vs = (Si-S0) x Actual quantity of steel utilised in the work during the quarter under consideration

Vs = Differential cost of steel i.e. amount of increase or decrease in rupees to be paid or

recovered

Si = Cost of the steel as prevailed during the period under consideration as fixed by Steel
Authority of India.

S0 = Base price of steel prevailing as on the last date of submission of tender including extension,
if any.

c) Adjustment towards differential cost of Bitumen.

Vb = (Bi-B0) x Actual quantity of Bitumen utilised in the work during the quarter under
consideration

Vb = Different cost of bitumen i.e. amount of increase or decrease in rupees to be paid or

recovered

Bi = Average Cost of Bitumen prevailed during the period under consideration as fixed by IOCL/
BPCL/HPCL.

B0 = Base price of Bitumen as prevailing on the last stipulated date of receipt of tender including
extension, if any.

d) Adjustment towards differential cost of Pipes.

Vp = 0.85 x Pp / 100 x R (Pi – P0) / P0

Vp = Different cost of Pipe i.e. amount of increase or decrease in rupees to be paid or recovered
during the quarter under consideration.

Pp = Percentage of pipe component of the work as indicated in the Clause - (d)

R = Value of work done during the quarter under consideration excluding the value of work
executed under extra items, if any, at prevailing schedule of rates or derived rate.

Pi = All India Wholesale Price Index for the period under consideration as published by Economic
Advisor, Government of India, Ministry of Industry & Commerce, New Delhi for the type of pipe
under consideration.

Po = All India Wholesale Price Index (as published by Economic Advisor, Government of India,
Ministry of Industry & Commerce, New Delhi) as on the last stipulated date of receipt of tender
including extension, if any, for the type of pipe under consideration.
(B) REIMBURSEMENT / REFUND DUE TO STATUTORY RISE IN COST OF MINIMUM WAGES BY
GOVERNMENT.

If after submission of the tender, the wages of labour increases or decreases as a direct result of
the coming into force of any fresh law, or statutory rule or order beyond the wages prevailing at
the time of the last date of submission of tenders including extensions, the contractor shall be
eligible to get escalation due to such hike on the value of works executed during the stipulated
period and during the validly extended period when the delay in completion is not attributable to
the contractor. If penalty is levied for delayed completion of the work, the contractor shall not be
eligible to get escalation on labour on the value of works executed during the extended period.

The contractor shall within a reasonable time of his becoming aware of any alteration in the price
of any such wages of labour, give notice thereof to the Engineer-in-Charge stating that the same
is given pursuant to this condition together with all information relating thereto which he may be
in a position to supply. Engineer-in-Charge may call books of account and other relevant
documents from the contractor to satisfy himself about reasonability of increase in prices of wages
and actual payment thereof. For this purpose, the labour component of the work executed during
period under consideration shall be the percentage (as specified in table below) of the value of the
work done during that period and the increase / decrease in labour shall be considered on the
cost of minimum daily wages of any unskilled Labourer, fixed by the Government of Odisha under
Minimum Wages Act.
The compensation for escalation for labour shall be worked out as per the formula
given below:

Vl = 0.85 x Pl /100) x R x (Li – Lo )/Lo

Vl = Increase or decrease in the cost of work during the quarter under consideration due to
changes in rates of minimum wages.
R= Value of work done during the quarter under consideration excluding the work executed
under extra items if any at prevailing schedule of rate / derived rates.
Lo = The Minimum Wages for labour as notified by State Government, as prevailing on the last
stipulated date of receipt of tender including extension, if any.
Li = The minimum wages for labour as notified by State Government & as prevailed on the
last date of the quarter previous to the one under consideration. In respect of the
justified period extended, the minimum wage prevailing on the last date of quarter
previous to the quarter pertaining to stipulated date of completion or the minimum wage
prevailing on the last date of the quarter previous to the one under consideration,
whichever is less, shall be considered.
Pl = Percentage of labour component of the work, as indicated in the Clause (d).

(C) REIMBURSEMENT / REFUND DUE TO VARIATION IN PRICES OF P.O.L:

Similarly, if during the progress of work, the Prices of Diesel, Petrol, Oil & Lubricants
increases or decreases as a result of the price fixed thereof by the Government of India and the
contractor there upon necessarily and properly pays such increased or decreased price towards
Diesel, Petrol, Oil & Lubricants used in the execution of the work, then he shall be entitled to
reimbursement or liable to refund, quarterly, as the case may be such an amount as shall be
equivalent to the plus or minus difference of 85% in between the price of P.O.L, which is
operating for the quarter under consideration and that operated for the quarter of last date of
receipt of bids as per the formula indicated below provided that the work has been carried out
within the stipulated time or extension there of as are not attributable to him. If penalty is levied
for delayed completion of the work, the contractor shall not be eligible to get price escalation on
P.O.L on the value of works executed during the extended period.

Formula to calculate the increase or decrease in the price of P.O.L:-

Vf = 0.85 x Pf / 100 x R x (Fi – F0) / F0

Vf = Increase or decrease in the cost of work during the quarter under consideration due to
changes in rates for POL.
Pf = Percentage of P.O.L component of the work, as indicated in Clause – (d) below.

R= Value of work done during the quarter under consideration excluding the work executed
under extra items if any at prevailing schedule of rate / derived rates.
Fi = All India Wholesale Price Index for Fuel , Oil & Lubricant (High Speed Diesel) for the
quarter under consideration as published by Economic Adviser, Government of India,
Ministry of Industry & Commerce, New Delhi. In respect of the justified period extended,
the rates prevailing at the time of stipulated date of completion or the prevailing rates of
the period under consideration, whichever is less, shall be considered.
F0 = All India Wholesale Price Index for Fuel, Oil & Lubricant (High Speed Diesel) as prevailing
on the last stipulated date of receipt of tender including extension, if any.

(D) The following percentages will govern the price adjustment for the entire contract for different
types of works as applicable given in the following table.

Percentage Table
Sl. Category of works % Component (cost wise)
No. Labour P.O.L (Pf) Steel + Cement+
(Pl) Bitumen+ other materials
*
1. R&B works (% of Road works 5 5 90
component) Bridge works 25 5 70
Building works 25 - 75
2. Irrigation works Structural work 20 5 75
(% of
component) Earth, Canal & 25 10 65
Embankment work
3. P.H. Work Structural work 25 5 70
Pipeline work 5 - Pipe – 70%
* other material -25%
Sewer line 10 - Pipe – 70%
* other material -20%
*Note: Further break up may be worked out considering the consumption of Cement, Steel, Bitumen and
Pipe in the concerned works for the period under consideration.

(E) APPLICATION OF ESCALATION CLAUSE:

(i) The contractor shall for the purpose of availing reimbursement / refund of differential cost of
steel, bitumen, cement, pipe, POL and wages, keep such books of account and other documents
as are necessary to show that the amount of increase claimed or reduction available and shall
allow inspection of the same by a duly authorised representative of Government and further, shall
at the request of the Engineer-in-Charge, furnish documents to be verified in such a manner as
the Engineer-in-Charge may require any document and information kept. The contractor shall
within a reasonable time of 15 days of his becoming aware of any alteration in the price of such
material, wages of labour and / or price of P.O.L give notice thereof to the Engineer-in-Charge
stating that the same is given pursuant to this condition along with information relating thereto
which he may be in a position to supply.

(ii) The compensation for escalation shall be worked out at quarterly intervals and shall be with
respect to the cost of work done as per bills paid during the three calendar months of the said
quarter. The first such payment shall be made at the end of three months after the month
(excluding the month in which tender was accepted) and thereafter at three months interval. At
the time of completion of the work, the last period for payment might become less than 3 months,
depending on the actual date of completion.

3.20. If at any time after the commencement of the work the Governor of Odisha shall for any reason
whatsoever not require the whole thereof as specified in the tender to be carried out the Engineer-in-
charge shall give notice in writing of the fact to the contractor who shall have no claim to any payment or
compensation whatsoever on account of any profit or advantage, which he might have derived from
execution of the work in full but which he did not derive in consequence of the full amount of the work
not having been carried out, neither shall he have any claim for compensation by reason of any
alterations having been made in the original specification, drawings, designs and instruction which shall
involve any curtailment or increase of the work as originally contemplated.

3.21. Incentive for Early Completion:

For availing incentive clause in any project which is completed before the stipulated date of completion,
subject to other stipulations it is mandatory on the part of the concerned Executive Engineer to report the
actual date of completion of the project as soon as possible through fax or e-Mail so that the report is
received within 7 days of such completion by the concerned SE, CE & the Administrative Department.

The incentive for timely completion should be on a graduated scale of 1 (one) percent to 5 (Five) percent
of the contract value. Assessment of incentives may be worked out for earlier completion of work in all
respect in the following scale.

Before 30% of contract period = 5% of contract value

Before 20 to 30% of contract period = 4% of contract value
Before 10 to 20% of contract period = 3% of contract value
Before 5 to 10% of contract period = 2% of contract value
Before 5% of contract period = 1 % of contract value

(As amended in Works Department letter No.5288/W dt.4.05.2016 to Para-3.5.5 (V) Note-III of OPWD
Code. Vol.I)

3.22. Defects Liability Period:

The defect liability is 12 months from the date of formal taking over of the work by the Engineer-in-
charge.

3.23. Contractor Liable for Damage done & for Imperfection for 6 (six) months after Certificate:
If the contractor or his work people or servants shall break, deface, injure or destroy any part of a building
or structure in which they may be working or any building, road, fence, enclosure or grass land cultivated
ground continue to the premises on which the work or any part of it is being executed or in any damage
shall happen to the work while in progress from any cause whatsoever or any imperfection become
apparent in it within six months from the date of the final certificate of its completion shall have been
given by the Engineer-in-charge, as aforesaid, the contractor shall make the same good at his own
expenses or in default the Engineer-in-charge may cause the same to be made good by other workman
and deduct the expenses of which the certificate of the Engineer-in-charge shall be final from any sums
that may be then or at any time thereafter may become due to the contractor or from his security or the
proceeds of sale thereof or a sufficient portion thereof and the contractor shall be liable to pay of the
expenses not so recovered by the Engineer-in-charge.

3.24. Action where No Specification is mentioned:

In the case of any class or items of works for which there is no such specification as mentioned in file, if
such work shall be carried out in accordance with the detailed standard specification of Odisha, as
followed by the State PWD and in the event of there being no specifications born in the said standard
specification of Odisha for such items of work, then in such case the said item of work shall be carried
out in all respects in accordance with the instructions and requirements of the Engineer-in-charge after
obtaining approval from competent authority.

3.25. Payment on Intermediate Certificate to be regarded as Advance and Bill to be submitted

Monthly:

A bill shall be submitted by the contractor each month on or before the date fixed by the Engineer-in-
charge for all works executed in the previous month and the Engineer-in-charge and/or Assistant Engineer
and/or Junior Engineer in immediate charge of the work shall take the requisite measurements for the
purpose of having the same verified, and the claims for as admissible adjusted if possible before the
expiry of ten days from the presentation of the bill. If the contractor does not submit the bill within the
time fixed as aforesaid, the Engineer-in-charge and/or his Engineering subordinates shall measure up the
said work in the presence of the contractor, whose counter signature to the measurement list will be
sufficient warrant, and the Engineer-in-charge and/or Assistant Engineer and/or his Engineering
subordinates shall prepare a bill from such list which shall be binding on the contractor in all respects.
Payment shall be made to the contractor in all respects.

The Engineer-in-charge will deduct @ 5% (five percent) of the value of each running bill prepared and
submitted by the contractor, if any, on account of works done, and such sum or sums to be held in
deposit as a further security for the due performance of the condition of the contract provided always that
the Executive Engineer may refuse to make such monthly payments if in his opinion, the progress of the
work or the conduct of the contractor is not satisfactory or the contractor has in any other may done or
neglect to do anything as to make it appear doubtful to the authority as to whether the works will be
completed by the contractor in accordance with his contract, or has failed to comply with any instruction
or order of Engineering personnel. All such interim payments from time to time shall be regarded as
payments by way of advance against the final payment only and not as payments of work actually done
and completed and shall not preclude the requirement of bad, unsound and imperfect or unskilful work to
be removed and taken away and for reconstructed or re-erected, or be considered as an admission of the
due performance of the contract, of any part thereof in any respect, or accrual of any claim not shall it
conclude, determine or affect in any way the powers of Engineer-in-charge and/or Assistant Engineer
and/or the Junior Engineer under these condition or any of them as to the final settlement of adjustment
of the accounts or otherwise or in any other way vary or affect this contract. The contractor shall submit
the final bill within one month of the date for completion of the work failing which the Engineer-in-charge
or his authorized representatives in the presence of the contractor shall prepare the final bill. For
recording final measurement of the work, the Engineer-in-charge or his authorized representative shall
serve a notice upon the contractor stipulating therein the date fixed for recording such measurement. If
the contractor fails to attend the recording of final measurement by the Engineer-in-charge or his
authorized representative on the date as stipulated, the Engineer-in-charge may at his discretion get the
measurements recorded ex-parte or fix up another date as per his own convenience. Such measurements
and the total amount payable to the contractor as certified by the Engineer-in-charge shall be final and
binding on all parties.

3.26. Black Listing:

A Contractor may be black listed as per amendment made to Appendix XXXIV to OPWD Code Vol.-II
on rules for black listing of Contractors vide letter No.3365 Dt.01.03.2007 of Works
Department, Odisha. As per said amendment a Contractor may be blacklisted.

a) Misbehavior/threatening of Departmental & supervisory officers during execution of

work/tendering process.
b) Involvement in any sort of tender fixing.
c) Constant non-achievement of milestones on insufficient and imaginary grounds and non-adherence
to quality specifications despite being pointed out.
d) Persistent and intentional violation of important conditions of contract.
e) Security consideration of the State i.e., any action that jeopardizes the security of the State.
f) Submission of false/ fabricated / forged documents for consideration of a tender.

3.27. If the rate quoted by the bidder is less than 15% of the tendered amount, then such a bid shall be
rejected and the tender shall be finalized basing on merits of rest bids. But if more than one bid is quoted
at 14.99% (Decimals upto two numbers will be taken for all practical purposes) less than the estimated
cost, the tender accepting authority will finalize the tender through a transparent lottery system, where all
bidders / their authorized representatives, the concerned Executive Engineer and DAO will remain present.
(As included in Appendix – IX, Clause – 36 of OPWD Code Vol.II vide Works Department letter
No.12366/W dt.18.11.2013).

3.28 If L1 bidder does not turn up for agreement after finalization of the tender, then he shall be debarred from
participation in bidding for three years and action will be taken to blacklist the contractor. In that case,
the L2 bidder, if fulfils, other required criteria would be called for drawing agreement for execution of work
subject to the condition that L2 bidder negotiates at par with the rate quoted by the L1 bidder otherwise
the tender will be cancelled. In case a contractor is black listed, it will be widely published and intimated
to all Departments of Government and also to Government of India agencies working in the State.
(As included in Para 3.5.14 Note-I of OPWD Code Vol.I vide Works Department letter No.12366/W
dt.18.11.2013).

3.29 Before acceptance of tender, the successful bidder will be required to submit a work programme and
milestone basing on the financial achievement so as to complete the work within the stipulated time and
in case of failure on the part of the agency to achieve the milestone liquidated damaged will be imposed.
(As included in Para 3.5.18 Note-VIII of OPWD Code Vol.I vide Works Department letter No.12366/W
dt.18.11.2013).

***
SECTION-4
SPECIAL CONDITIONS OF CONTRACT
4.1. Changes in Constitution of Firm:
In the case of tender by a partnership firm, any change in the constitution of the firm shall be forth with
notified by the contractor to the Additional Executive Officer (Tech), Zilla Parishad, Khordha for his
information. In case of failure to notify the change in the constitution within 15 days, the Additional
Executive Officer(Technical),Zilla Parishad, Khordha may by notice in writing, rescind the contract and the
security deposit of the contractor shall thereupon stand forfeited and be absolutely at the disposal of the
Governor of Odisha and the same consequence shall ensure as if the contract had been rescinded thereof
and in addition the contractor shall not be entitled to recover or be paid for any work there for actually
performed under the contract.

4.2. Engineer’s Access to Work:

The Executive Engineer is to have at all times access to the works, which are to be entirely under his
control. He may require the contractor to dismiss any person in the contractor’s employee upon the works
who may be incompetent or misconduct him-self and the contractor is forthwith to comply with such
requirements. Other supervising officers shall have all time access to the works.

4.3. Workmen Compensation Act VIII of 1923:

The Governor of Odisha shall be entitled to recover in full from contractor any amount that the Governor of
Odisha may be liable to pay under Workman’s Compensation Act VIII of 1923 to any workman employed in
course of execution of any part of the work covered by this contract.

4.4. Jurisdiction in the Event of Dispute:

That for the purpose of jurisdiction in the event of dispute if any, the contract should be deemed to have
been entered into within the State of Odisha and it is agreed that neither party to this agreement will be
competent to bring a suit in regard to the matters covered by this contract at any place outside Odisha.

4.5. Lighting & Sanitary Arrangement:

Lighting & Sanitary arrangement and supply of drinking water will be made by the Contractor at his own
cost for his labour camp.

4.6. Payment of TAXES:

The Contractor shall bear Taxes such as, Income Tax, Royalties, Fair Weather Charges and Tollages where
necessary & Government of Odisha shall not entertain any claim whatsoever in this respect. Statutory
deduction of Taxes as applicable shall be done from each running bill.

4.7. The Building & Other Construction Workers Welfare Cess Act 1996.
In accordance with the provisions under the said Act 1% (One) of the approved agreement value will be
deducted from the R/A Bill at the time of making payment to the contractor and such amount shall be
remitted in favour of The Odisha Building & Other Construction Workers Welfare Board.

4.8. Site Clearance:

After the work is finished or completed, surplus materials and debris are to be removed by Contractor at his
own cost and preliminary works such as vats, mixing platforms, level pillars, temporary sheds and go-
downs etc. are to be dismantled and all such materials removed from site. The site involved in the
construction activities should be cleared and dressed properly with outward slope away form the structure.
After the work is completed in all respects as per the contract, the contractor shall vacate the site within
three months from the date of completion & commissioning, by making good the damages if any.

4.9. Works to be Carried Out:

The work to be carried out under the contract shall include all materials, labour, tools and plants,
equipment and transport which may be required in preparation of and for in the full and entire execution
and completion of the works. The description given in the schedule of quantities/scope of work shall, unless
otherwise stated, be held to include wastage on materials, carriage & cartage, carrying and return of
empties, hoisting, setting, fitting and fixing in position and all other labours necessary in and for the full
and entire execution and completion of the work as aforesaid in accordance with good practice and
recognized principles.
4.10. Sufficiency of Tender:
The contractor shall be deemed to have satisfied himself before tendering as to the correctness and
sufficiency of his tender for the works and of the rates and prices quoted in the schedule of quantities
(DTCN Part-II Price Bid), which rates and prices shall, except as otherwise provided, cover all his
obligations under the contract and all matters and things necessary for the proper completion and
commissioning of the works.
4.11. Rates:
The Tenderer shall quote their offer on ‘Percentage Rate’ (excess or less) over the estimated cost
in the Price Bid appended to the tender document for complete work in all respects. The
estimated cost is excluding GST. The rates of item basing on which estimated cost has been
derived are excluding GST on different components to arrive at such rates. The offer shall be
inclusive of cost of all materials, labour, T&P including the building and other construction workers welfare
cess with surcharge, tollages, royalties, packing and forwarding, transportation, insurance, loading &
unloading, storage, watch and ward, delivery of the materials to the site etc. and all other expenses
incidental thereto for successful completion, testing & commissioning of the work.

GST as applicable on works contract shall be paid over the bill amount at the time of Payment
of Bill.

4.12. Transportation:
The contractor shall be responsible for the transportation of all materials, tools and plant, equipment and
machinery to the work site as may be required at site.

4.13. Custody of the Materials:

The contractor shall be responsible for safe custody of the materials at site and the Governor of Odisha will
not be responsible for any loss or damage of the property at site.

4.14. Construction Schedule:

The contractor shall submit a detailed work schedule in the form of Bar Chart along with his tender
indicating the detailed break-up of the job. This will include all operations from submission of design &
drawing, procurement of materials, construction to final testing & commissioning at site to be indicated in
detail with reference to the time period for each.

The construction schedule as submitted by the contractor shall be revised by the Executive Engineer and
approved with necessary modification if any after acceptance of the tender. However the Engineer-in-
Charge shall reserve the right to modify the sequence of execution of different items/components/sub-
items of the project as and when found necessary & in such cases it will be obligatory on the part of the
successful bidder to abide by such changes in construction schedule/bar chart as per direction of EIC. No
claim and/or condition should either be put forth in any manner by the successful bidder or shall be
acceptable to the EIC.

4.14 (a) Progress reports – submission by the contractor

(1) The contractor shall submit monthly progress report of the work in a computerised form. The
progress report shall contain the following, apart from whatever else may be required as
specified:

(i) Project information, giving the broad features of the contract.

(ii) Introduction, giving a brief scope of the work under the contract, and the broad structural or other
details.
(iii) Construction schedule of the various components of the work through a bar chart for the next
three quarters (or as may be specified), showing the milestones, targeted tasks and up to date
progress.
(iv) Progress chart of the various components of the work that are planned and achieved, for the
month as well as cumulative up to the month, with reasons for deviations, if any, in a tabular
format.
(v) Plant and machinery statement, indicating those deployed in the work, and their working status.
(vi) Man-power statement, indicating individually the names of all the staff deployed in the work,
along with their designations.
(vii) Financial statement, indicating the broad details of all the running account payments received up
to date, such as gross value of work done, advances taken, recoveries affected, amounts
withheld, net payments, details of cheque payments received, etc.
(viii) A statement showing the extra and substituted items submitted by the contractor, and the
payments received against them, items pending for sanction /decision by the Department, broad
details of the bank guarantees, indicating clearly their validity periods, broad details of the
insurance policies taken by the contractor, if any, the advances received and adjusted.
(ix) Progress photographs, in colour, of the various items/ components of the work done upto date, to
indicate visually the actual progress of the work.
(x) Quality assurance and quality control tests conducted during the month, with the results thereof.

(2) The progress report submitted by the contractor shall be checked and certified by the Junior
Engineer and the Assistant Engineer, and has to be reviewed by the Executive Engineer and the
Superintending Engineer, over their dated signatures.
(3) Work of unique importance and character irrespective of the value of the work, should have
videography undertaken at various stages of construction right from the day of start of work to
date of completion / occupation, covering all major events, inspections, visits by dignitaries, etc.

4.15. Initial Security Deposit:

The tenderer whose tender is selected for acceptance shall have to deposit 1% (One percent) of the
accepted tender amount as Initial Security Deposit (ISD) within 7 (seven) days of receipt of Letter of
Acceptance (LoA) and sign the agreement in the prescribed form within 10 (ten) days of receipt of Letter
of Acceptance after depositing the ISD. The ISD shall be deposited in shape of NSC / POTD / Post Office
Savings Bank Account / KVP/ Deposit Receipt in Schedule Bank duly pledged in favour of the Block
Development Officer, Balianta, Khordha. No tender shall be accepted unless required amount of
security money is deposited.

In addition to the ISD, 3% of the bill amount shall be deducted from each bill towards the security
deposit. The earnest money deposit, the initial security deposit before and after acceptance of tender
together with the subsequent deduction from the contractor’s bill shall form part of the security deposit
equivalent to 7% of the contract value for the due fulfilment of the contract.
The security deposit of the contractor shall be refunded only 12 (twelve) months after the date of
completion of the work provided the final bill has been paid and defects if any rectified.

If however there is inevitable delay in payment of final bill, the earnest money deposit and initial security
deposit forming part of the security deposit may be refunded on orders of competent authority.

4.16. Monitoring of the Project:

Time is the essence of the contract. The execution of the project shall be closely monitored to ensure that
quality; cost & time of the project are not compromised in any manner.
The contractor shall submit monthly progress reports in a format as may be prescribed by the Engineer-in-
charge. The monthly progress report shall be evaluated by the Executive Engineer vis-à-vis the approved
Bar chart & PERT Chart and any deficiency observed thereto shall be communicated to the contractor.
The contractor shall have to make up the deficiencies within the specific time period communicated to him
by the Executive Engineer failing which the contractor shall be liable for action as per Clause -4.26.

In addition, the contractor shall submit monthly day-wise work program one month in advance to Executive
Engineer for approval under intimation to the Executive Officer, Zilla Parishad, Khordha to ensure
speedy implementation of the work and effective monitoring at all levels. Failing to do so shall also invite
action under Clause-4.26.

4.17. Site Order Book:

A site Order Book shall be issued to the contractor by the Engineer-in-charge or his representative. The
contractor shall keep this Book always at site and any special order or instruction to be issued to the
contractor shall be recorded in this Book by the Engineer-in-charge or his representative. The contractor
shall sign all orders and instructions as token of his knowledge about the same. The site Order Book shall
be the property of the department but will remain during the period of the progress of the work with the
contractor. The safe custody of the site Order Book during this period shall be the responsibility of the
contractor. After completion of the work, the Book shall be returned back by the contractor to the Engineer-
in-charge, which will be enclosed in the final bill.

4.18. Guarantee:
Defect liability period is 12 (twelve) months from the date of final acceptance of the work conforming to
provisions in scope of work. During this period, the contractor shall replace the defective materials if any or
rectify the defects if any at his own cost as pointed out by the Engineer-in-charge to the satisfaction of the
later.

4.19. Land:
The Department may provide land if available for construction of site office to the contractor on payment of
usual rent.

4.20. Unilateral Stoppage of Work:

Unilateral stoppage of work by the contractor without prior written permission of the Engineer-in-charge
shall be considered as breach of contract and the Governor of Odisha reserves the right to take such
actions as it may be deemed fit.

4.21. Resident Engineer:

The contractor shall engage for this work competent, qualified and authorised resident Engineers and
Assistants to the satisfaction of the Engineer-in-charge. The Resident Engineer shall represent the
contractor in his absence in receiving directions from officers of the Department, which will be binding on
the contractor.
4.22. Force Majeure:
Neither the contractor nor the Executive Engineer shall be considered in default in delayed performance of
its obligation if such performance is prevented or delayed because of work to hostilities, revolution, civil
commotion, epidemic, accident, fire, cyclone, flood, earthquake or because of any law and order
proclamation, regulations or ordinance of the Government thereof or because of any act of God or for any
cause beyond reasonable control of the party affected. Should one or both the parties be prevented from
fulfilling their contractual obligations a state of force majeure lasting continuously for a period of 6 months,
the two parties shall consult each other regarding the future execution of the contract for mutual
settlement.

4.23. Damages to Persons and Property:

The contractor shall take every precaution not to damage or injure adjoining or other property of any
persons. He shall indemnify and keep indemnified the employee against all claims for injuries or damages
to any person or any such property (including surface or land or crops in site) which may arise out of or in
consequence of any negligence or default on the representatives and against all claim, demands
proceedings damages, costs, charges and expenses whatsoever in respect of or in relation thereto. The
Department does not take any responsibility on this account.

4.24. Attention to Urgent Works:

If any urgent work in the opinion of Engineer-in-charge becomes necessary to be executed and the
contractor is unable and unwilling at once to carry out, the Engineer-in-charge may by his own or through
other agency carry it out, as he may consider necessary. All expenses incurred on it shall be recoverable
from the contractor or be adjusted against any sum payable to him.

4.25. Safety Devices:

i) Scaffolding: Suitable scaffolding shall be provided for workmen for all works that can not be safely
done from the ground or solid construction except such short period of work as can be done safely
from the ladders. When a ladder is used an extra labour shall be engaged for holding the ladder and
if the ladder is used in carrying the materials, suitable foot holds and handholds shall be provided on
the ladder.
The Engineer-in-charge will have the right to inspect the scaffolding and centring etc. for the work
and can reject partly or fully such structure if found defective in his opinion.
ii) Working Platforms: Working platforms, gangways and stairways shall be constructed such that
they do not sag unduly or unequally. If the height of the platforms or gangway or stairway is more
than 3.25 meters above the ground or floor level, it shall be closely guarded, have adequate width
and suitably fenced.
iii) Safe means of access: Safe means of access shall be provided to all working platform and other
working places.
iv) Precaution against Electrical Equipment: Adequate precaution shall be taken to prevent danger
from electrical equipment. Hand lamps shall be provided with Mesh guard, wherever required.
v) Preventing Public from Accident: No materials on any of the sites shall be so stacked or placed
as to cause danger or inconvenience to any person or public. The contractor shall provide all
necessary fencing and light to protect public from accident and shall be bound to bear expenses of
defence or any suit action or other proceedings at law that may be brought by any persons for injury
sustained owing to neglect of the above precaution and to pay any damages and cost which may be
awarded in any such suit action or proceedings to any such person or which may with the consent of
the contractor, be paid to compromise any claim by any such person. The contractor not to come
cause blockage of traffic /disruption of the traffic.
vi) Demolition: Before any demolition work is commenced and also during process of work:
a) all roads and open areas adjacent to the work site shall either be closed or suitably
protected,
b) no electric cable or apparatus which is liable to be a source of danger shall remain
electrically charged,
c) all practical steps shall be taken to prevent danger to persons employed from the risk of
fire, explosion or flooding,
d) no floor roof or other parts of the building shall be so over loaded with debris or
materials as may render it unsafe.
vii) Personal safety equipment: All personal safety equipment shall be made adequately available by
the contractor for use of persons employed at the site of work and maintained in a condition suitable
for immediate use. The contractor shall take adequate steps to ensure proper use of the equipment
by persons concerned.
viii) Precaution against fire: Suitable fire extinguishers, water and sand buckets shall be provided at
the work site to tackle situations of fire.

4.26. Rescission of Contract:

Subject to other provisions contained in this clause the Executive Engineer of the Department may without
prejudice to his any other rights or remedy against the contractor in respect of any delay, inferior
workmanship, any claims for damages and/or any other provisions of this contract or otherwise, and
whether the date of completion has or has not elapsed, recommend the accepting authority to rescind the
contract in any of the following cases:
i) If the contractor having been given by the Executive Engineer a notice in writing to rectify,
reconstruct or replace any defective work or that the work is being performed in an inefficient or
otherwise improper or un-workmen like manner shall omit to comply with the requirement of such
notice for a period of seven days thereafter.
ii) If the contractor being a company shall pass a resolution on the court shall make an order that the
company shall be wound up or if a receiver or a manager on behalf of a creditor shall be appointed
or if circumstances shall arise which entitle the court or the creditor to appoint a receiver or a
manager or which entitle to court to make a winding up order.
iii) If the contractor has, without reasonable cause, suspended the progress of the work with due
diligence so that in the opinion of the Executive Engineer (which shall be final & binding) he will be
unable to secure completion of the work by the date of completion and continues to do so after a
notice in writing of seven days from the Executive Engineer.
iv) If the contractor fails to comply with the provisions of Clause-4.15 & other relevant clauses
mentioned elsewhere in this DTCN.
v) If the contractor fails to complete the work within the stipulated date or items of the work with
individual date of completion, if any stipulated, on or before such date(s) of completion and does not
complete them within the period specified in a notice given in writing in that behalf by the Executive
Engineer.
When the contractor has made himself liable for action under any of the cases aforesaid, the
accepting authority shall have the powers to rescind the contract (of which rescission notice
in writing to the contractor under the hand of Executive Engineer shall be conclusive evidence), 20%
of the value of the left over work will be realized from the contractor as Penalty

4.26.1. In case of rescission of contract as per Clause-4.26 the contractor shall have no claim to
compensation for any loss sustained by him by regions of having purchased or procured any
materials or entered any engagement on account of or with a view to execute the work / performance
of the contractor.

4.27(a) Conditions for Reimbursement of Levy/Taxes if Levied after Receipt of Tenders:

i) All tendered rates shall be inclusive of all taxes and levies payable under respect statutes. However,
pursuant to the Constitution (46th Amendment) Act, 1982, if any further tax or levy is imposed by
Statute, after the last stipulated date for the receipt of tender including extensions if any and the
contractor thereupon necessarily and properly pays such taxes/levies the contractor shall be
reimbursed the amount so paid, provided such payments, if any, is not, in the opinion of the
Additional Executive Officer, Zilla Parishad, Khordha (whose decision shall be final and
binding on the contractor) attributable to delay in execution of work within the control of the
contractor.
ii) The contractor shall keep necessary books of accounts and other documents for the purpose of this
condition as may be necessary and shall allow inspection of the same by a duly authorised
representative of the Department and/ or the Engineer-in-Charge and further shall furnish such other
information/ document as the Engineer-in-Charge may require from time to time.
iii) The contractor shall, within a period of 30 days of the imposition of any such further tax or levy,
pursuant to the Constitution (Forty Sixth Amendment) Act, 1982, give a written notice thereof to the
Engineer-in-Charge that the same is given pursuant to this condition, together with all necessary
information relating thereto.

4.27(b) Other statutory Taxes such as I.T., etc, will be deducted at sources from the bills of the
contractor and deposited with concerned authority.

4.27(c) Royalty at the prevailing rate on minerals will be deducted from the bills of the contractor and deposited
with concerned authority.

4.28 Fair Wages Clause:

(a) The contractor shall not employ for the purpose of this contract any person who is below the age
of fourteen years and shall pay to each labourer for work done by such labourer’s fair wages.

Explanation–“Fair Wage” means wages, whether for time or piece work prescribed by the State
Public Works Department provided that where higher rates have been prescribed under the
minimum wages Act 1948 wages at such higher rates should constitute fair wages.

The Executive Engineer shall have the right to enquire into and decide any compliant alleging that
the wages paid by the contractor to any labourer for the work done by such labourer is less than
the wages as per sub-paragraph-I above.
(b) The contractor shall, notwithstanding the provisions of any contract to contrary, cause to be paid
a fair wage to labourers indirectly engaged on the work including any labour engaged by his sub-
contractors in connection with the said work, as if, the labourers had been immediately employed
by him.

(c) In respect of all labour directly or indirectly employed in the works for the performance of the
contractor’s part of this agreement, the contractor shall comply with or cause to be complied with
all regulations made by Government in regard to payment of wages, wage period deductions from
wages, recovery of wages not paid and deductions unauthorisedly made, maintenance of wage
register, wage cards, publication of scale of wages and other terms of employment, inspection
and submission of periodical returns and all other matters of a like nature.

(d) The Executive Engineer or Sub-Divisional Officer concerned shall have the right to deduct, from
the money due to the contractor, any such required or estimated to be required for making good
the loss suffered by a worker or workers by reason of non-fulfilment of the conditions of the
contract for the benefit of the workers non-payment of wages or of deduction made from his or
their wages, which are not justified by their terms of the contract or non-observance of the
regulations. Money so deducted should be transferred to the workers concerned.

(e) Vis-à-vis, the Government of Odisha, the contractor shall be primarily liable for all payments to be
made under and for the observance of the regulations aforesaid without prejudice to his right to
claim indemnity from his sub-contractor.

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach thereof
shall be breach of this contract.
Odisha PWD / Electricity Department Contractor’s Labour Regulations

4.28.1. Short title – These regulations may be called “The Odisha Public Works Department / Electricity
Department Contractor’s Regulations”.

4.28.2. Definitions – In these Regulations, unless otherwise expressed or indicated the following words and
expressions shall have the meaning here by assigned to them respectively, that is to say -

i) “Labour” means a worker employed by a contractor of the Odisha Public Works Department /
Electricity Department directly or indirectly through a sub-contractor or other person, or by an
agent on his behalf.
ii) “Fair Wages” means wages whether for time or piece work prescribed by the State Public Works
Department provided that where higher rates have been prescribed under the minimum wages
Act, 1948 wages at such higher rates should constitute fair wages.
iii) “Contractor” shall include every person whether a sub-contractor or headman or agent
employing labour on the work taken on contract.
iv) “Wages” shall have the same meaning as defined in the payment of Wages Act and include time
and piece rate wages, if any.

4.28.3. Display of Notices regarding Wages, etc.:

The contractor shall:–
a) Before he commences his work on contract display and correctly maintain and continue to display
and correctly maintain, in a clean and legible condition, in conspicuous places on the work,
notices in English and in the local Indian language spoken by the majority of the workers, giving
the rate of wage prescribed by the State Public Works Department / Electricity Department for the
district in which the work is done.
b) Send a copy of such notices to the Engineer-in-charge of the work.

4.28.4. Payment of wages:

(1) Wages due to every worker shall be paid to him direct.
(2) All wages shall be paid in current coin or currency or in both

4.28.5. Fixation of wage period:

1) The contractor shall fix the wage period in respect of which the wages be payable.
2) No wage period shall exceed one month.
3) Wages of every workman employed on the contract shall be paid before the expiry of ten days,
after the last day of the wage period in respect of which the wages are payable.
4) When the employment of any worker is terminated by or on behalf of the contractor, the wages
earned by him shall be paid before the expiry of the day succeeding the one on which his
employment is terminated.
5) All payments of wages shall be made on a working day.

4.28.6. Wage book and wages cards, etc.:

(1) The contractor shall maintain a wage book of each worker in such form as may be convenient, but
the same shall include the following particulars-
(a) Rate of daily or monthly wages.
(b) Nature of work on which employed
(c) Total number of days worked during each wage period
(d) Total amount payable for the work during each wage period.
(e) All deductions made from the wages with an indication in each case of the ground for which
the deduction is made.
(f) Wage actually paid for each wage period.

(2) The contractor shall also maintain a wage card for each worker employed on the work.
(3) The Executive Engineer may grant an exemption form the maintenance of wage bond, wage cards
to a contractor who, in his opinion – may not directly or indirectly employ more than 100 persons
on the work.

4.28.7 Fines and deduction which may be made from wages:

(i) The wages of a worker shall be paid to him without and deduction of any kind except the following
-
(a) Fines
(b) Deductions for absence from duty, i.e., from the place of places whereby the terms of his
employment he is required to work. The amount of deductions shall be in proportion to
the period for which he was absence.
(c) Deductions for damage to or loss of good expressly entrusted to the employed person for
custody or for loss of money for which he is required to account where such damage or
loss is directly attributable to his neglect or default.
(d) Any other deductions which the Odisha Government may from time to time allow.

(ii) No fines shall be imposed on a worker and no deduction for damage or loss shall be made from his
wages until the worker has been given an opportunity of showing cause against such fines or
deduction.
(iii) The total amount of fines which may be imposed in any one wage period on a works shall not
exceed an amount equal to five paise in a rupee of the wages payable to him in respect of that
wage period.
(iv) No fine imposed on any worker shall be recovered from him by instalments, or after the expiry of
60 days from the date on which it was imposed.

4.28.8 Register of fines, etc.:

(i) The contractor shall maintain a register of fines and of all deduction for damage or loss. Such
register shall mention the reason for which fine was imposed or deduction for damage or loss was
made.
(ii) The contractor shall maintain a list in English and in the local Indian language, clearly defining
acts and omissions for which penalty of fine can be imposed. It shall display such list and maintain
it in a clean and legible condition in conspicuous places on the work.
4.28.9. Preservation of register:
The wage register, the wage cards and the register of fines, deduction required to be maintained
under the regulations shall be preserved for 12 (twelve) months after day of the last entry made
in them.
4.28.10. Powers of Labour Welfare Officers to make investigation or enquiry:
The Labour Welfare Officers or any other persons authorized by the Government of Odisha on their
behalf shall have power to make enquiries with a view to ascertaining and enforcing due and proper
observance of the fair wage clauses and the provisions of these regulations. He shall investigate into
any complaint regarding default made by the contractor, sub-contractor in regard to such provisions.
4.28.11. Report of Labour Welfare Officers:
The Labour Welfare Officer or others authorized as aforesaid shall submit a report of the results of his
investigation or enquiry to the Executive Engineer concerned, indicating the extent, if any, to which
the default has been committed with a note that necessary deductions from the contractor bill be
made and the wages and other dues be paid to the labourers concerned.

4.28.12. Appeal against the decision of Labour Welfare Officer:

Any persons aggrieved by the decision and recommendation of the Labour Welfare Officer or other
person so authorized may appeal against such decision to the Labour Commissioner within 30 days
from the date of decision forwarding simultaneously a copy of his appeal to the Executive Engineer
concerned but subject to such appeal, the decision of the officer shall be final and binding upon the
contractor.
4.28.13. Inspection of register:
The contractor shall also allow inspection of the wage book and wage cards to any of his workers or
to his agent at a convenient time and place after due notice is received, or to the Labour
Commissioner or any other person authorized by the Government of Odisha on his behalf.

4.28.14. Submission of return:

The contractor shall submit periodical returns as may be specified from time to time.

4.28.15. Amendments:
The Government of Odisha may from time to time, add to or amend these regulations and on any
question as to the application, interpretation of effect of these regulations, the decision of the Labour
Commissioner or any other person authorized by the Government of Odisha in that behalf shall be
final.
The terms and conditions of the agreement have been read by Me/Us and I/We certify
that I/We clearly understand them and agree to abide by them.

Contractor
SECTION – 05
SCOPE OF WORK
GENERAL
The intent of this Section is to specify the work items to be covered on Percentage Rate Bids in
conformity with the technical specifications as enumerated in the subsequent clauses for the work As
per DTCN.

5.1. Location:
Town :OFFICE OF THE PANCHAYAT SAMITI, BALIANTA
District : Khordha
State : Odisha
Connected to :
Railway Station :

5.2 Items of Work to be Executed (Broad Scope of works):

i) As per BOQ

The above scope of works is not exhaustive but gives only an idea about the type of
work involved. Any other items/works, which have not been specifically mentioned
but required for completeness and soundness of the systems, shall be automatically
covered within the scope of work & no extra claim shall be entertained due to such
coverage.
The above works shall have to be executed in accordance with the detailed design criteria &
specifications given in Section-7 and other conditions mentioned elsewhere in the DTCN &
subsequent correspondences made if any.

5.3 Site Visit:

The tenderer before tendering shall inspect the site at his own cost in consultation with
Municipal Engineer in Charge of work and shall satisfy him with regard to the nature and extent
of the work involved, the actual site conditions, existing facilities & shall collect any other
information which may be required before submitting the tender. Any claim afterwards by the
tenderer shall not be entertained on account of the ignorance of the site conditions.

5.4. Format Language and Units:

The language of all documents shall be in English. Units of measurement in the documents, on
the drawings, and the submissions shall be in S.I/ Metric Units.

5.5. Quality of Material and Workmanship:

All the materials supplied by the contractor shall be best of their respective kinds and shall
comply with latest revisions of Indian Standards/ International Standards/ Water Supply & Public
Health regulations stipulated by Govt. of India, AWWA, State Pollution Control & Prevention
Board, Indian Electricity Rules and other statutory requirements of Govt. of India and Govt. of
Odisha.
The contractor shall be responsible for the quality of materials and workmanship. The contractor
shall guarantee the satisfactory functioning & performance of the structure. If any modification/
replacement is necessitated during trial-run and guarantee period, the same shall be carried out
immediately free of cost.

5.6. Construction & Erection Facilities:

Water, power, accommodation and storage of materials for construction, erection and
fabrication at site shall be arranged by the contractor at his own cost. The power supply &
consumption during the construction stage shall be the responsibility of the contractor & no
extra payment shall be made on account of this. Department will be responsible for supply of
water for testing, trial running & commissioning.

5.7. Inspection & Testing:

For all materials, the contractor shall furnish Manufacturer’s test certificate with each
consignment. At site, Testing and inspection shall be carried out as per Indian
standards/International Standards in presence of Engineer-in-Charge, contractor and
manufacturer. The contractor shall detail out the codes and standards in accordance with which
the testing shall be carried out.
Inspection by the Engineer-in-charge of the Department shall not relieve the contractor of his
liability for rectifying the defects which may subsequently appear or be detected during testing
and commissioning or subsequent operation. After rectification of the defects or replacement,
the equipments shall be re-tested to the satisfaction of the Department.

All equipments, labour, tools & tackles, instruments and other facilities for testing shall be
provided by the contractor. He shall also maintain records of all the tests and furnish copies of
the same to the Department.

Whenever untested materials are used, written permission from the Engineer-in-Charge shall be
obtained. Manufacturer’s test certificates shall be furnished by the contractor for such
equipments and materials used.
The Department reserves the right to test any material at any of the reputed laboratories if
necessity arises & the cost of such test(s) shall be borne by the contractor & rejected materials
shall have to be replaced by the contractor by approved material at his cost.
5.8. Completion Schedule:
The time is the essence of this contract. The entire job is to be completed within a time frame of
as per DTCN from the date of issue of work order by the Executive Officer, Zilla Parishad,
Khordha. The tenderer shall submit a Bar Chart indicating starting and completion dates of
each activity such as submission of designs & drawings, site mobilization, procurement of
materials and equipments, transportation, execution, assembly/ erection, testing, trial running
and commissioning without which the tender shall be liable for rejection.

5.9. Payment Criteria

Since the contract is on percentage rate basis, running bills shall be prepared as per the actual
quantities of item of works executed at the accepted offered rates.

*****
SECTION – 06

DEPARTMENTAL ISSUE OF MATERIALS TO CONTRACTOR

6.1 D.I pipes shall not be issued to the contractor by the department.

6.2 All other materials required for the work will have to be supplied by the contractor.
The materials to be supplied by the contractor shall be of best description and quality in strict
accordance with the relevant IS specification approved by the Engineer-in-charge of the work.

6.3 As per Court Order No-07 Dated 18.12.2012 passed in WP(C) No-18565/2012 by Hon’ble
Odisha High Court, the successful bidder shall purchase materials necessary for execution of
work contract from local rate contract holders having ISI mark so that the interest of SSI Units
and M.S Enterprises is protected.

6.4 As per standing instructions of the Chief Engineer (PH) vide Letter No-9806 Dt 31.08.2013, the
DI/CI fittings, valves & specials should confirm relevant IS Specifications and should be used
after pre-delivery inspection by EPM/BIS/ISO having NABCB Certificate.

6.5 The contractor/agency after issue of work order should arrange for watching materials at their
own cost at the work site etc. till the work is completed in all respect and handed over to the
department.
SECTION – 07

TECHNICAL SPECIFICATIONS & DESIGN CRITERIA

All the structure shall be designed conforming to state-of the art technology & practice and based on the
latest concepts & principles enumerated in the standard text books conforming to latest BIS Code.

7.1 General Conditions:

a) Cement shall not be less than O.P.C.-53 grade of reputed manufactures confirming to
relevant IS.

b) Reinforcement to confirm Fe-415 and IS specification (SAIL/TATA/Vizag).

c) As & when required, the steel/cement & other building materials will be tested by
Department at the cost of contractor to ensure proper quality as per IS specification.

d) Machine mix shall be used in concrete work for all structure. Design mix of concrete will
be preferred. Vibrator of appropriate type shall be used for compaction of concrete.

e) All the structures are to be designed as permanent type and shall have aesthetic
elevation.

f) Form work shall be of steel plates and frame, sound seasoned timber or any approved
materials as decided by Engineer-in-charge to be used for the centring and shuttering of
the structures.

g) Painting of all steel / MS structure to be done as per approved quality of enamel paint
over a coat of primer.

h) All electrical work / earthings including wiring of pump house to be done as per relevant
IS specification and Indian Electrical Rules. Single phase wiring shall be done for
lighting purpose & three phase wiring shall be done for running pump motors &
wherever necessary.

i) All the valves are to conform relevant IS specification and of reputed make.

j) The surplus earth and debris should be lifted after completion of work and proper
levelling of site as directed by Engineer-in-charge without any extra claim.
k) Pumps and motors to be of reputed and approved make.

l) All the work including supply of materials to be executed as per relevant IS specification
and direction of Engineer-in-charge.
m) Foundation of all structure including supply of materials shall be designed depending on
Ground water table / subsoil condition. In no case the Depth of foundation below virgin
soil shall be less than 1.0 mtr. at respective places.
n) All equipments, accessories, auxiliaries, piping, electrical instruments, installations,
construction, buildings etc. including all mechanical, electrical & civil engineering works
covered under the scope of work of contractor shall be subject to inspection & testing by
the Department for its material, quality, workmanship and the performance. The
contractor shall arrange and carryout all such inspection, testing, trial run etc. and
demonstrate in presence of the Engineer-in-charge of the Department.
o) The cost of such inspection, testing, trial run, demonstration etc. shall be borne by the
contractor. All responsibility of such inspection, testing, trial run, demonstration etc. and
any damage/loss that may cause directly or indirectly shall exclusively rest with the
contractor.
p) Such inspection, testing, trial run, demonstration etc. shall, however, not relieve the
contractor of their liability for replacing / rectifying any defects, which may subsequently
appear or be detected during erection and guarantee period.

q) All equipments, sub-assembly and components, auxiliaries and accessories shall be

tested at manufacturer’s cost in accordance with relevant Indian Standards/International
Standards. The contractor shall furnish all test certificates etc. related to the quality of
all the materials to the Department along with the delivery of the materials at site
without which no payment shall be released. However, such test certificates, quality
assurance certificate shall not relieve the contractor of it’s obligation to replace forth
with any instrument/materials found defective during tests at works / trial running
period/guarantee period.

r) Testing for performance of equipments shall be carried out and be checked with the
approved parameters and performance characteristic curves for the purpose of
acceptance.

7.2 Inspection and testing of other materials

For all other materials, the contractor shall furnish Manufacturer’s test certificate with each
consignment. At site, Testing and inspection shall be carried out as per Indian standards/
International Standards in presence of Engineer-in-Charge, contractor and manufacturer. The
contractor shall detail out the codes and standards in accordance with which the testing shall be
carried out.

Inspection by the Engineer-in-charge of the Department shall not relieve the contractor of his
liability for rectifying the defects which may subsequently appear or be detected during testing
and commissioning or subsequent operation. After rectification of the defects or replacement,
the equipments shall be re-tested to the satisfaction of the Department.

All equipments, labour, tools & tackles, instruments and other facilities for testing shall be
provided by the contractor. He shall also maintain records of all the tests and furnish copies of
the same to the Department.

Whenever untested materials are used, written permission from the Engineer-in-Charge shall be
obtained. Manufacturer’s test certificates shall be furnished by the contractor for such
equipments and materials used.

The Department reserves the right to test any material at any of the reputed laboratories if
necessity arises & the cost of such test(s) shall be borne by the contractor & rejected materials
shall have to be replaced by the contractor by approved material at his cost.

7.3 The agency has to submit Bar Chart for execution of work along with the tender

All provisions of the technical scope of work & terms & conditions of the contract have been
read by Me/Us and I/We certify that I/We clearly understand them & agree to abide by
them.

Witness Contractor
SCHEDULE – A
STRUCTURE & ORGANISATION

1. General Information
a) Name of Applicant

b) Head Office Address

e-Mail Address:
Telephone No. Fax :

c) Regional Office Address (if any)

e-Mail Address:
Telephone No. Fax :

d) Local Office (if any)

e-Mail Address:
Telephone No. Fax :

e) Class of contractor / farm and year of incorporation

(attach copy of certificate of registration)

f) Name and Address of Bankers

g) Main Lines of Business

h) Establishment details:

Signature of the bidder

SCHEDULE – B
LIST OF PLANT & EQUIPMENT

Proposed to be deployed by the Applicant for use in the work

(Additional equipments if any may be added)

Sl. List of plants & Owned Leased Remarks

No. equipments Nos. Ownership Nos. Lease deed along
certificate with the ownership
furnished / certificate furnished /
not furnished not furnished
1 2 3 4 5 6 7
1. Concrete Hopper Mixer
15 cum/Hr.
2. Plate / Skid Vibrator

3. Needle Vibrator

4. Water Tanker

5. Weigh batching plant

6. Excavator (Hydraulic)

7. Water Tank

8. Truck (10 Tonne

capacity)
9. Generator (32KW
capacity)
10. Compressive testing
machine
11. Slump test apparatus

12. Theodolite

13. Levelling instrument

14. Dewatering Pump set

from 5 to 20 HP capacity
15. Steel shuttering plates
(600 x 1200mm) with
steel scaffoldings
16. Transportation trolley

Signature of the bidder

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SCHEDULE –C
INFORMATION REGARDING CURRENT LITIGATION, DEBARRING / EXPELLING OF TENDER
OF ABANDONMENT OF WORK BY TENDER

1. (a) Is the applicant currently involved in any litigation relating to any contract works - Yes/No
(b) If yes, give details

2.(a) Has the applicant or any of its constituent partners have been debarred / expelled by any
agency in India during the last 5 years - Yes/No
(b) If yes, give details

3 (a) Has the applicant or any of its constituent partners failed to perform/absconded/ rescinded on
any contract work in India during the last 5 years - Yes/No
(b) If yes, give details

Note : If any information in this schedule is found to be incorrect or concealed pre-qualification

application will be summarily rejected.

Signature of the bidder

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SCHEDULE –D

DECLARATION BY THE TENDERER

1. I/We have visited the site and have fully been acquainted myself/ourself with the local
situation regarding materials, labour and the factors pertaining to the work before
submitting the tender.

2. I/We have carefully studied the conditions of the contract, specification and other
documents of this work and I/We agree to execute the same accordingly.

3. I/We solemnly pledge that I/We shall be sincere in discharging my/our duties as
responsible contractor and complete the work within the prescribed time limit. I/We
shall submit detailed construction programme with target dates for various items and
stages of work keeping in view the time limit and shall accordingly arrange for necessary
labours, materials, and equipments etc., punctually. In case there are deviations from
the construction programme, I/We shall abide by the decision of the Engineer-in-charge
for revision of the programme and shall arrange for labour, materials, equipments etc

4. I/We shall follow all rules and regulations of the state in force with regard to
engagement of labour for the work.

5. The documents furnished with the tender are correct to the best of my/our knowledge
and belief and if any information found to be incorrect in future, the Department has the
liberty to take any action as deemed fit.

6. Should this tender be accepted I/We hereby agree to abide by and fulfil all the terms
and provisions of the said conditions and special conditions of the contract annexed
hereto or in default thereof to forfeit and pay to the Governor of Odisha the sums of
money mentioned in the said conditions and in the event of such default the transaction
effected by this tender shall cease and determine.

Date:

Place: Signature of the Tenderer

Name/Organisation
Seal
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SCHEDULE – E

AFFIDAVIT
1. I/We ________________________________ certify that all information furnished is true and
agree that my / our Tender shall be rejected if I / we am / are found to have misled or made
false representation in the form of any of the Schedules of Supplementary information and / or
statements submitted in proof of the eligibility and qualification requirements or if I / We have a
record of poor performance such as absconding from work, works not properly completed as per
contract, in ordinate delays in completion, financial failure and / or has / have participated in
previous Tendering for the same work/s and had quoted unreasonable high Tender premium.
In addition I/we shall be blacklisted and the work be taken over invoking relevant clause of the
General conditions of contract and conditions of particular application.

2. I/We ________________________________ certify that no criminal cases are pending against

me/us partners at the time of submitting the Tender.

3. I/We ________________________________ accept that my / our Tender shall be rejected if

any criminal cases are pending against me/us/partners of the farm at the time of submitting the
Tender.

4. I/We ________________________________ agree that if the history of litigation, criminal cases

pending against me/us/Partners furnished by me/us is false, I / We _____________________
will attend by the action taken by the PR & DW Deptt., without approaching any court
whatsoever for redress. However, I/We shall be given suitable opportunity to offer my/our
explanation before action is taken against me/us.

5. I/We ________________________________ certify that the following addenda issued by the

CDO-cum-Executive Officer, Zilla Parishad, Khordha have been received by me/us and
incorporated in my/ our Tender.

1. dated

2. dated

3. dated
(Add if the addenda issued are more than 3)

6. Further I/We ___________________________ certify that no near relatives in the cadre of an

Assistant Engineer or above are working in the Zilla Parishad, Khordha in Govt. Odisha.

7. I / We ___________________________________ certify that the technical specification for

which I have quoted rate is as per the requirement of the DTCN.

Dated this … … … … … … … day of … … … … … … 20.. ..

Signature … … … … … … … … … … … in the capacity of … … … … … … … duly authorized to sign the

Tender for and on behalf of

……………………………………
(Block Capitals)

Signature of Witness: Deponent

Name of Witness:
Address of Witness
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SCHEDULE – F

FORMAT FOR BID SECURITY DECLARATION FROM BIDDERS IN LIEU OF EMD

I/We, the authorised signatory of M/s ________________________________________________ ,

participating in the tender for the work “_______________________________________________

_______________________” vide Bid identification No. 01/BPS/2023-24 do hereby declare:

That in the event I/we withdraw/ modify our bid during the period of validity or I/we fail to

execute formal contract agreement within the given timeline or I/we commit any breach of tender

conditions/ contract which attracts penal action of forfeiture of EMD and I/we will be suspended from

being eligible for bidding / award of all future contract(s) of Government of Odisha for a period of three

year from the date of committing such breach.

Signature of the Bidder

Name of the Bidder:

Mobile No.:

Email Id:
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ANNEXURE – I
Guidelines/ Procedure to be followed in introduction of
e-Procurement in Government of Odisha.
Government of Odisha
Works Department
***
Office Memorandum
File No.FA-R-3/08 – 1027 /W, Dated 24.01.2009

Sub: Guidelines/ Procedure to be followed in introduction of e-Procurement in

Government of Odisha.

1. This office memorandum consists of the procedural requirement of e-Procurement and shall be made part
of the Detailed Tender Call Notice or Instruction to Bidder for all “Works” tenders hosted in the portal.

2. The e-Procurement portal of the Government of Odisha is “https// tendersodisha.gov.in”

3. Use of valid Digital Signature Certificate of appropriate class (class II or Class III) issued from a registered
Certifying Authority (CA) as stipulated by Controller of Certifying Authorities. (CCA), Government of India
such as n-Code, Sify, TCS, MTNL, e-Mudhra etc is mandatory for all users.

4. The DSC issued to the Department users is valid for the period of two years only. All the Department users
are responsible to revalidate their DSC prior to expiry.

5. For all purpose, the server time displayed in the e-procurement portal shall be the time to be followed by
all the users.

6. Government after careful consideration has decided to host all tenders costing 20 lakhs or above in the e-
procurement portal. This will be applicable across all Engineering Departments such as Works Department,
Department of Water Resources, Rural Development and Housing & Urban Development Department.
Government of Odisha also welcomes hosting of tenders by any other departments, authority, corporations,
local bodies etc of the State with prior approval from Information Technology Department.

7. The e-procurement shall be operated compliant to relevant provisions of OGFR / OPWD code/ Accounts
Code/ Government statutes including any amendments brought from time to time to suit to the
requirement of the best national practice.
7. Registration in the e-procurement portal is without levy of any charges but Government reserves the right
to levy any charges for such value added services in future.

9. Contractors not registered with Government of Odisha, can participate in the e-procurement after
necessary enrolment in the portal but have to subsequently register themselves with the appropriate
registering authority of the State Government before award of the work as per prevalent registration norms
of the State.

10. For the role management “Department”, is the Administrative Department, Organisation or wing is the
Chief Engineer or highest tender accepting authority or equivalent officer under the Administrative
Department, Division-II is the Executive Engineer or equivalent officer, Division is the Executive Engineer or
equivalent officer and sub-division is the Assistant Engineer or equivalent officer.

11. The e-procurement software assigns role for operation of the module for specific function. The
terminologies used in the Portal and their respective functions in the software are as follows:

a. Application Administrator: (NIC and State Procurement Cell)

i. Master Management
ii. Nodal officer creation
iii. Report Generation
iv. Transfer and blocking of officers.

b. Nodal Officer: (At Organisation level not below the Executive Engineer or equivalent rank).
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i. Creation of Users
ii. Role Assignment
iii. Transfers and blocking of Officers

c. Procurement Officer-Publisher: (Officer having Tender inviting power at any level).

i. Publishing of Tender
ii. Publishing of Corrigendum / addendum/ cancellation of Tender
iii. Bid Clarification
iv. Uploading of pre-Bid Minutes
v. Report generation

d. Procurement Officer – Administrator: (Generally sub-ordinate officer to Officer inviting the

tender).
i. Creation of Tender
ii. Creation of corrigendum / addendum/ cancellation of Tender
iii. Report generation

e. Procurement officer – Opener: (Generally sub-ordinate officer to officer inviting the Tender).
i. Opening of Bid

f. Procurement Officer–Evaluator: (Generally sub-ordinate officer to officer inviting the Tender).

i. Evaluating Bid

g. Procurement Officer–Auditor: (Procurement Officer – Publisher and/or Accounts Officer/ Finance

Officer).
i. To take up auditing.

12. NOTICE INVITING BIDS (NIB) OR INVITATION FOR BID (IFB):

a. The Notice inviting Bids (NIB) and Bid documents etc., shall be in the standard formats as
applicable to conventional Bids and will be finalized/ approved by the officers competent as in the
case of conventional Bids.
b. The officers competent to publish NIB in case of conventional Bids will host the NIB in the portal.
Simultaneously, a notification should also be published in the newspapers, as per existing rules
preferably, in the following format, to effect economy:-

Government of Odisha “e” Procurement Notice

Bid Identification No:__________________

1. Name of the Work:__________________________________

2. Estimated cost Rs.__________________________________
3. Period of completion:________________________________
4. Date & time of availability of bid document in the portal____________
5. Last date/ time for receipt of bids in the portal:___________________
6. Name and address of the Officer inviting Bid:_____________________
Further details can be seen from the e-procurement portal “https://tendersodisha.gov.in”

c. All the volumes/ documents shall be uploaded in the portal by the Procurement Officer
Administrator and published by Procurement Officer Publisher (Officer inviting tender) using their
DSCs in appropriate format so that the document is not tampered with.

d. The tender documents published by the Tender Inviting Officer (Procurement Officer Publisher) in
the website https://tendersodisha.gov.in will appear in the “Latest Active Tenders”. The
Bidders/ Guest Users can downloaded the Bid documents only after the due date & time of sale.
the publication of the tender will be for specific period of time till the last date of submission of
bids as mentioned in the ‘Notice Inviting Bid’ after which the same will be removed from the list of
Latest Active tenders.
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13. ISSUE OF ADDENDA/ CORRIGENDA/ CANCELLATION NOTICE:

a. The Procurement Officer Publisher (Officer inviting tender) shall publish any addendum / corrigendum
/ cancellation of tender in the website https://tendersodisha.gov.in, notice board and through
paper publication and such notice shall form part of the bidding documents.
b. The system shall generate a mail to those bidders who have already uploaded their tenders and those
bidders if they wish, can modify their tender.

14. PARTICIPATION IN BID

a. PORTAL REGISTRATION: The Contractor / Bidder intending to participate in the bid is required to
register in the portal using his/ her active personal / official e-mail ID as his/ her Login ID and attach
his/ her valid Digital signature certificate (DSC) to his/ her unique Login ID. He / she will enter relevant
information as asked for about the farm/ contractor. This is a one time activity for registering in Portal.
i. Bidders participating through Joint Venture shall declare the authorized signatory through
Memorandum of Understanding duly registered and enroll in the portal in the name and style of
the Joint Venture Company. It is mandatory that the DSC issued in the name of the authorized
signatory is used in the portal.

ii. Any third party/ company/ person under a service contract for operation of e-procurement system
in the State or his/ their subsidiaries or their parent companies shall be ineligible to participate in
the procurement processes that are undertaken through the e-procurement system irrespective of
who operates the system.

b. LOGGING TO THE PORTAL: The Contractor/ Bidder is required to type his/ her Login ID and
password. The system will again ask to select the DSC and confirm it with the password of DSC as a
second stage authentication. For each login, a user’s DSC will be validated against its date of validity
and also against the Certificate Revocation List (CRL) of respective CA stored in system database. The
system checks the unique Login ID, password & DSC combination and authenticates the login process
for use of portal.

c. DOWNLOADING OF BID: The bidder can download the tender of his choice and save it in his
system to undertake necessary preparatory work off-line and upload the completed tender at his
convenience before the closing date and time of submission.

d. CLARIFICATION ON BID: The bidder may ask question online in the e-procurement portal using
his/ her DSC; provided the questions are raised within the period of seeking clarification as mentioned
in tender call notice/ Bid. The officer inviting the bid/ procurement officer- publisher will clarify queries
related to the tender.

e. PREPARATION OF BID:
i) The bids may consist of general arrangements drawings or typical or any other drawing relevant
to the work for which bid has been invited. Bidder may download these drawings and take out the
print for detail study and preparation of his bid. Any other drawings and documents pertaining to
the works available with the officer inviting the Bid will be open for inspection by the bidders.

ii) The bidder shall go through the Bid carefully and list the documents those are asked for
submission. He shall prepare all documents including cost of Bid document, Bid security,
Declaration form, price bid etc and store in the system.

f. PAYMENT OF EMD/ BID SECURITY AND COST OF BID DOCUMENTS:

i) The Bidder shall furnish, as part of his Bid, a bid security for the amount mentioned under NIT/
Contract Data. The bidder shall scan all the written / printed pages of the bid security and upload
the same in portal document format (PDF) to the system in designated piece of the technical Bid.
Furnishing scanned copy of such documents is mandatory otherwise his/ her bid shall be declared
as non-responsive and liable for rejection.

ii) The EMD or Bid Security payable along with the bid is 1% of the estimated contract value (ECV)
or as mentioned in the bid document. The validity period of the EMD or Bid Security shall be as
mentioned in the bid document. Any bid not accompanied by an acceptable Bid Security and not
secured as indicated in the bid document shall be rejected as non-responsive. The bid security
shall be retained till such time the successful bidder furnishes Initial Security Deposit (ISD) or
Performance security acceptable to the officer inviting the Bid. Failure of the successful Bidder to
comply with the requirements shall constitute sufficient grounds for cancellation of the award and
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forfeiture of the Bid Security. The Bid security in the form of FD/ BG shall be from a Nationalized
Bank valid for a period of 45 days beyond the validity of the Bid. Bid Security in other form is
acceptable if the bid documents provides for it.

iii) The Fixed Deposit / Bank Guarantee or any other form as mentioned in detailed tender call notice
in respect of Earnest Money Deposit / Bid Security and the Bank Draft in respect of cost of Bid are
to be scanned and uploaded in portable document format (PDF) along with the bid.

iv) The bidder shall provide the cost of bid and the Bid Security in a sealed cover superscripting the
name of the work for which the instruments are intended and the Officer Inviting the Bid. He/ she
is not required to write his/ her name on the cover. The original FD/BG/BD shall be physically
produced before the Officer inviting the Bid or the concerned Division/ Division-II/ Chief Engineer
before the specified period mentioned in the bid; which in no case shall be less than three days
excluding the last date of submission and opening of bids (Technical cover opening in case of
Double Cover System). The bidder is also allowed to submit the original FD/BG/BD by Registered
Post/ Speed post or any other delivery system before the last date & time of opening of tender.

v) The officers authorized by the Procurement Officer–Publisher (Officer Inviting Tender) shall
transmit the sealed envelopes carefully to the Procurement Officer–Publisher prior to opening of
the Bid. The Procurement Officer–Publisher shall provide signed receipt with date and time for
having received the number of sealed envelopes.

vi) The Procurement Officer–Publisher (Officer Inviting the Tender) or other concerned officers
authorized to receive the Original Bid Security and Bid Cost on behalf of the Procurement Officer–
Publisher shall not be responsible for any postal delay and/ or non–receipt of the original copy of
the bid security on or before specified date and time. Non submission of bid security within the
designated period shall debar the bidder from participating in the on-line bidding system and his
portal registration shall be blocked. His name shall also be informed to the registering authority
for cancellation of his registration as contractor.

vii) Contractor exempted from payment of EMD will be able to participate in the tender directly by
uploading documentary evidence towards his eligibility for such exemption.

viii) Government of Odisha has been actively considering integrating e-payment gateway into the
portal for payment of cost of Bid and Bid Security/ Earnest Money Deposit. The process of using e-
payment gateway shall be issued separately after it is established.

15. SUBMISSION OF BID:

a. The bidder shall carefully go through the tender and prepare the required documents. The Bid shall
have a Technical Bid & a Financial Bid. The Technical Bid generally consist of cost of Bid documents,
EMD/ Bid Security, GST, PAN/ TIN, Registration Certificate, Affidavits, Profit Loss Statement, Joint
Venture Agreement. List of similar nature works, work in hand, list of machineries, and any other
information required by OIT. the Financial Bid shall consist of the Bill of Quantities (BoQ) and any
other price related information/ undertaking including rebates.

b. The protected Bill of Quantities (BoQ) uploaded by the Procurement Officer – Publisher for the Bid is
the authentic BoQ. Any alteration or deletion or manipulation in BoQ shall lead to cancellation of Bid.

c. The Bidder shall up load the scanned copy/ copies of document in support of eligibility criteria and
qualification information in prescribed format in Portable Document Format (PDF) to the portal in the
designated locations of Technical Bid.

d. The Bidder shall write his name in the space provided in the specified location in the Protected Bill of
Quantities (BoQ) published by the officer inviting tender. the bidder shall type rates in figure only in
the rate column of respective item(s) without leaving any blank cell in the rate column in case of item
rate tender and type percentage excess or less upto one decimal place only in case of percentage rate
tender.

e. The bidder shall log on to the portal with his/ her DSC and move to the desired tender for uploading
the documents in appropriate place one by one simultaneously checking the documents.
i) Bids can not be submitted after due date and time. The bids once submitted can not be viewed,
retrieved or corrected. The Bidder should ensure correctness of the bid prior to uploading and
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take print out of the system generated summary of submission to confirm successful uploading of
bid. The bids can not be opened even by the OIT or the Procurement Officer–Publisher/Opener
before the due date and time of opening.

ii) Each process in the e-procurement is time stamped and the system can detect the time of log in
of each user including the Bidder.

iii) The Bidder should ensure clarity / legibility of the document uploaded by him to the portal.

iv) The system shall require all the mandatory forms and fields filled up by the contractor during the
process of submission of the bid/ tender.

v) The bidder should check the system generated confirmation statement on the status of the
submission.

vi) The Bidder should upload sufficiently ahead of the bid closure time to avoid traffic rush and failure
in the network.

vii) The tender inviting officer is not responsible for any failure, malfunction, or breakdown of the
electronic system used during the e-procurement process.

viii) The Bidder is required to up load documents related to his eligibility criteria and qualification
information and Bill of Quantities duly filled in. It is not necessary for the part of the Bidder to up-
load the drawings and other Bid documents (after signing) while up-loading his bid. It is assumed
that the bidder has referred all the drawings and documents uploaded by the Officer inviting the
Bid.

ix) Seeking any revision of rates or backing out of the bid claiming for not having referred to any or
all documents provided in the Bid by the Officer inviting the Bid will be construed as plea to
disrupt the bidding process and in such cases the bid security shall be forfeited.

x) The bidder will not be able to submit his bid after expiry of the date and time of submission of Bid
(server time). The date & time of bid submission shall remain unaltered even if the specified date
for the submission of bids declared as a holiday for the Officer inviting the Bid.

f. SIGNING OF BID: The ‘online bidder’ shall digitally sign on all statements, documents, certificates,
uploaded by him, owning responsibility for their correctness/ authenticity as per IT ACT 2000. If any of
the information furnished by the bidder is found to be false/ fabricated / bogus, his EMD/ Bid security
shall stand forfeited and the bidder is liable to be blacklisted.

16. SECURITY OF BID SUBMISSION:

a. All bid uploaded by the Bidder to the portal will be encrypted.

b. The encrypted Bid can only be decrypted/ opened by the authorised openers on or after the due date
and time.
17. RESUBMISSION AND WITHDRAWAL OF BIDS:
a. Resubmission of bid by the bidders for any number of times before the final date and time of
submission is allowed.

b. Resubmission of bid shall require uploading of all documents including price bid afresh.

c. If the bidder falls to submit his modified bids) within the pre-defined time of receipt, the system shall
consider only the last bid submitted.

d. The bidder should avoid submission of bid at the last moment to avoid system failure or malfunction of
internet or traffic jam or power failure etc.

e. The Bidder can withdraw his bid before the closure date and time of receipt of the bid by uploading
scanned copy of a letter addressing to the Procurement Officer–Publisher (Officer Inviting Tender)
citing reasons for withdrawal. The system shall not allow any withdrawal after expiry of the closure
time of the bid.
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18. OPENING OF THE BID:

a. Bid opening date and time is specified during tender creation or can be extended through
corrigendum. Bids can not be opened before the specified date & time.

b. All bid openers have to log on to the portal to decrypt the bid submitted by the bidders.

c. The bidders & guest users can view the summary of opening of bids from any system. Contractors are
not required to be present during the bid opening at the opening location if they so desire.

d. In the event of the specified date of bid opening being declared a holiday for the officer inviting the
Bid, the bids will be opened at the appointed time on the next working day.

e. In case bids are invited for more than one package, the order for opening of the “Bid” shall be that in
which they appear in the “Invitation for Bid”.

f. During bid opening, the covers containing original financial instruments towards cost of bid and Bid
Security in the form specified in the DTCN/ ITB valid for the period stated in the Bid, received after last
date of receipt of bid and before opening of the bids shall be opened and declared. The Procurement
Officer–Opener shall continue opening of other documents if he is satisfied about the appropriateness
of the cost of Bid and the Bid security.

g. Combined bid security for more than one work is not acceptable.

h. The electronically submitted bids may be permitted to be opened by the predefined Bid opening officer
from their new location if they are transferred after the issue of Notice Inviting Bid and before bid
opening. Further action on bid documents shall be taken by the new incumbent of the post.

19. EVALUATION OF BIDS:

a. All the opened bids shall be down loaded and printed for taking up evaluation. The Procurement
Officer–Openers shall sign on each page of the documents downloaded and furnish a certificate that
the documents as available in the portal for the tender have been down loaded.

b. The Procurement Officer–Evaluators shall take up evaluation of bids with respect to the qualification
information and other information furnished subject to confirmation of the bid security by the issuing
institutions.

c. After receipt of confirmation of the bid security, the bidder may be asked in writing to clarify on the
documents provided in the Technical Bid, if necessary, with respect to any doubts or illegible
documents. The Officer Inviting Tender may ask for any other document of historical nature during
Technical evaluation of the tender. Provided in all such cases, furnishing of any document in no way
alters the Bidder’s price bid. Non submission of legible documents may render the bid non-responsive.

d. The bidders will respond in not more than 7 days of issue of the clarification letter, failing which the
bid of the bidder will be evaluated on its own merit.

e. Technical evaluation of all bids shall be carried out as per information furnished by Bidders. But
evaluation of bids does not exonerate bidders from checking their original documents at later date. If
the bidder is found to have misled the evaluation through wrong information, action as per relevant
clause of DTCN / ITB shall be taken against the bidder/ contractor.

f. The procurement Officer- Evaluators; will evaluate bids and finalize list of responsive bidders.

g. The financial bids of the technically responsive bidders shall be opened on the due date of opening.
The Procurement Officer – Openers shall log on to the system in sequence and open the financial bids.
i. The Financial Bid will be opened on the notified date & time in the presence of bidders or their
authorised representative who wish to be present.

ii. At the time of opening of “Financial Bid”, bidders whose technical bids were found responsive will
be opened.
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a. The responsive bidders name, bid prices, item wise rates, total amount of each item in case
of item rate tender and percentage above or less in case of percentage rate tenders will be
announced.
b. Procurement Officer-Openers shall sign on each page of the downloaded BoQ and the
comparative statement and furnish a certificate to that respect.

c. Bidder can witness principal activities and view the documents/ summary reports for that
particular work by logging on to the portal with his DSC from any where.

20. NEGOTIATION OF BIDS:

a. For examination, evaluation, and comparison of bids, the officer inviting the bid may, at his discretion,
ask the lowest bidder for clarification of his rates including reduction of rate on negotiation and
breakdown of unit rates.

21. NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT:

a. The Employer/ Engineer-in-charge shall notify acceptance of the work prior to expiry of the validity
period by cable, telex or facsimile or e-mail confirmed by registered letter. This Letter of Acceptance
will state the sum that the Engineer-in-charge will pay the contractor in consideration of the execution
& completion of the Works by the Contractor as prescribed by the contract & the amount of
performance security and additional performance security required to be furnished. The issue of the
letter of acceptance shall be treated as closure of the Bid process and commencement of the contract.

b. The Contractor after furnishing the required acceptable performance security and additional
performance security, “Letter to Proceed” or “Work Order” shall be issued by the Engineer-in-Charge
with copy thereof to the Procurement Officer–Publisher. The Procurement Officer–Publisher shall up
load the summary and declare the process as complete.

Sd/-
24.01.2009EIC-CUM-SECRETARY TO
GOVERNMENT
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Appendix - II
Online Receipt of Tender Paper Cost & Earnest Money Deposit
through e-Procurement Portal as per
Works Department Letter No.17276/W Dt.06.12.2017

Government of Odisha
Works Department
***
Office Memorandum
File No.07556900012016–17254/W Dt.05.12.2017
Sub: Electronic receipt, accounting and reporting of Cost of
Tender Paper and Earnest Money Deposit on submission of
bids.
1. The State Government have formulated rules and procedures for Electronic
receipt, accounting and reporting of the receipt of Cost of Tender Paper and
Earnest Money Deposit on submission of bids through the e-procurement portal
of Government of Odisha i.e. "https://tendersodisha.gov.in".
2. Electronic receipt of cost of tender paper has been successfully tested through
SBI payment gateway. Now it has been decided to introduce electronic receipt
of Cost of Tender Paper and Earnest Money Deposit on submission of
bids through payment gateway of designated banks such as SBI/ICICI
Bank/HDFC Bank for all Government Departments, State PSUs. Statutory
Corporations, Autonomous Bodies and Local Bodies etc. in phases (ANNEXURE-
I). The process outline as well as accounting and reporting structure are
indicated below :
a) It will be carried out through a single banking transaction by the bidder
for multiple payments like Cost of Tender Paper and Earnest Money
Deposit on submission of bids.
b) Various payment modes like Internet banking/ NEFT/RTGS of
Designated Banks and their Aggregator Banks as well can be accessed by
the intending bidders.
c) Reporting and accounting of the e-receipts will be made from a single
source.
d) Credit of receipts into the Government accounts and to the designated
Bank account of the participating entities indicated in Para 2 above would
be faster.
3. Only those bidders who successfully remit their Cost of Tender Paper and
Earnest Money Deposit on submission of bids would be eligible to
participate in the tender/bid process. The bidders with pending or failure
payment status shall not be able to submit their bid. Tender inviting authority,
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State Procurement Cell, NIC, the designated Banks shall not be held responsible
for such pendency or failure.
4. Banking arrangement:
a) Designated Banks (SBI/ICICI Bank/HDFC Bank) payment gateway
are being integrated with e-Procurement portal of Government of Odisha
(https://tendersodisha.gov.in).
b) The Designated Banks participating in Electronic receipt, accounting
and reporting of Cost of Tender Paper and Earnest Money
Deposit on submission of bids will nominate a Focal Point Branch
called e-FPB, who is authorized to collect and collate all e-Receipts. Each
such branch will act as the Receiving branch and Focal Point Branch
notwithstanding the fact that the bidder might have debited his account
in any of the bank's branches while making payment.
5. Procedures of bid submission using electronic payment of tender
paper cost and EMD by bidder:

a) Log on to e-Procurement Portal: The bidders have to log onto the

Odisha e-Procurement portal (https://tendersodisha.gov.in) using his/her
digital signature certificate and then search and then select the required
active tender from the "Search Active Tender" option. Now, submit
button can be clicked against the selected tender so that it comes to the
"My Tenders" section.

b) Uploading of Prequalification/Technical/Financial bid: The bidders

have to upload the required Prequalification /Technical/Financial bid, as
mentioned in the bidding document and in line with Works Department
office memorandum no.7885, dt.23.07.2013.

c) Electronic payment of tender paper cost and EMD: Then the

bidders have to select and submit the bank name as available in the
payment options
i. A bidder shall make electronic payment using his/her internet banking
enabled account with designated Banks or their aggregator banks.
ii. A bidder having account in other Banks can make payment using
NEFT/RTGS facility of designated Banks.
• Online NEFT/RTGS payment using internet banking of the bank in which
the bidder holds his account, by adding the account number as
mentioned in the challan as an interbank beneficiary.

d) Bid submission: Only after receipt of intimation at the e-Procurement

portal regarding successful transaction by bidder the system will activate
the 'Freeze Bid Submission' button to conclude the bid submission
process.

e) System generated acknowledgement receipt for successful bid

submission: System will generate an acknowledgement receipt for
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successful bid submission. The bidder should make a note of 'Bid ID'
generated in the acknowledgement receipt for tracking their bid status.

6. Settlement of Cost of Tender Paper;

a) Cost of Tender Paper: In respect of Government receipts on account of
Cost of Tender Paper, the e-Procurement portal shall generate a MIS
for the State Procurement Cell (SPC). The MIS will contain an abstract of
the cost of tender paper collected with reference to Bid Identification
Number. The State Procurement Cell shall generate Bank-wise-head-
wise challans separately for Cost of Tender Paper and instruct the
designated Banks to remit the money to the State Government account
under different heads. In respect of the cost of tender paper received
through the e-procurement portal, the remittance to the Cyber Treasury
account will be made to the Head of Account 0075-Misc, General
Services-800-Other Receipts -0097-Misc. Receipts-02237-Cost of Tender
Paper.

b) For the time being, the State Procurement Cell (SPC) will use over the
counter payment facility of the Odisha Treasury portal. Thereafter,
remittance through NEFT & RTGS will be facilitated through the Odisha
Treasury portal.
c) Similarly, in case of State PSUs, Statutory Corporations, Autonomous
Bodies and Local Bodies etc., Cost of Tender Paper, the e-Procurement
portal shall generate a MIS for the State Procurement Cell (SPC). The MIS
will contain an abstract of the cost of tender paper collected with
reference to Bid Identification Number. The State Procurement Cell
shall generate Bank-wise list of challans and instruct the designated
Banks to remit the money through the Odisha Treasury portal. The cost
of tender papers will be credited to the registered Bank account of the
concerned State PSUs, Statutory Corporations, Autonomous Bodies and
Local Bodies etc.

d) Bank will refund (in case the Tender Inviting Authority (TIA) issues such
instructions) the tender fee, EMD to the bidder, in case the tender is
cancelled before opening of Bid as per direction received from TIA
through e-procurement system.

e) Back-end Transaction Matrix of Electronic receipt of Cost of Tender Paper

and Earnest Money Deposit on submission of bids is enclosed in the
Annexure.

7. Settlement of Earnest Money Deposit on submission of bids:

a) The Bank will remit the Earnest Money Deposit on submission/
cancellation of bids to respective bidders accounts as per direction
received from TIA through e-procurement system.
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8. Forfeiture of EMD :
Forfeiture of Earnest Money Deposit on submission of bid of defaulting
bidder is occasioned for various reasons.
a) In case the Earnest Money Deposit on submission of bid is forfeited,
the e-Procurement portal will direct the Bank to transfer the EMD value
from the Pooling Account of SPC to the registered account of the tender
inviting authority.

b) The Tender inviting authorities of the Government Departments will

deposit the forfeited Earnest Money Deposit on submission of bid,
in the State Government Treasury under the appropriate head (8782-
Cash Remittances and Adjustments between the officers rendering
accounts to the same Accounts Officer-102-P.W.Remittances-1683-
Remittances-91028-Remittances into Treasury) after taking the amount
as a revenue receipt in their Cash Book under the head 0075-Misc.
General Services-00-101 -Unclaimed Deposits-0097-Misc, Receipts-02080-
Misc. Deposits and submit the detail account to DAG (Khordha) as a
deposit of the Division.

c) By clicking submit button, system will initiate the forfeiture of EMD.

System will not allow the evaluator to edit the initiation after clicking the
submit button. Forfeiture option can be carried out in phased manner like
one bidder at a time.

9. Role of the Banks:

a) Make necessary provision / customizations at their end to enable the
provision for online payments / refunds as per this document.
b) Provide necessary real-time message to bidders regarding successful or
unsuccessful transactions during online payment processes and redirect
them to e-Procurement website with necessary transaction reference
details enabling them to submit their bids.
c) The bank shall ensure transfer of funds from the pooling account to the
Government Head/current account of PSUs/ULBs within the next bank
working day as per the directions generated from e-Procurement portal.
d) Bank should provide timely reports and reference details to NIC enabling
them to carry out their role as stated below.
e) Refund of amount to bidders as per the XML file provided by e-
Procurement system on the next bank working day from the date of
generation of the XML file and also provide a confirmation to NIC on the
same.

10. Role of State Procurement Cell:

a) Communicate requirements of Government departments/ State PSUs/
Autonomous Bodies/ ULBs online payment requirements to National
Informatics Centre / the authorised Banks for mapping/ customization.
b) In every working day, the State Procurement Cell shall generate MIS from
the e-Procurement portal to ascertain the tender paper cost received in
the e-Tendering process separately bank-wise for the Government
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Department and the PSUs/ULBs. The SPC shall generate bank-wise

separate online challans from the Odisha Treasury portal and make the
remittance through over the counter facility or NEFT/RTGS (as and when
this functionality is available in Treasury portal) and issue instruction to
the bank for remittance of the receipt to the State Government account.
c) The State Procurement Cell shall be responsible for providing challan
details and MIS in respect of the remittance towards tender paper cost to
the Tender inviting authorities for their record.
d) State Procurement Cell shall monitor the progress of e-Tendering by
different Government departments / State PSUs/ Autonomous Bodies /
ULBs through an MIS. State Procurement Cell shall monitor and send
monthly progress reports to the Government.
e) The e-Procurement system will generate a consolidated refund &
settlement XML file as an end of the day activity.
f) e-procurement system will provide a web service for payment gateway
(PG) provider to pull the encrypted refund and settlement details in XML
file against a day.
g) Similarly, payment gateway (PG) provider will provide a web service to
pull the refund and settlement status against a day
h) e-procurement system will update the status accordingly for reconciliation
report.

11. Role of National Informatics Centre :

a) Customize e-Procurement software and web-pages of Government of
Odisha (https://tendersodisha.qov.in) to enable the provision for
electronic payment.
b) The NIC, Odisha will modify / rectify the errors in electronic data relating
to the Chart of Account.
c) NIC will provide an interface to organisations to download the electronic
receipt data.
d) Enable automatic generation of daily XML files from e-Procurement
system and ensure delivery of the same to the authorised Banks for
enabling automatic refund/settlement of funds.
e) NIC shall enable the e-Procurement portal to generate MIS as required
for the State Procurement Cell in order to make remittance of the tender
paper cost to the State Government account using the Odisha Treasury
portal.

12. Role of Cyber Treasury :

a) The cost of the tender paper deposited by the SPC using the Odisha
Treasury Portal which will be accounted for by the Cyber Treasury and it
shall submit the accounts to A.G (O) as per the established process.
b) The Cyber Treasury will provide MIS as required to the SPC for the
purpose of accounting and reconciliation of the electronic remittances
made to the State Government account.

13. Redressal of Public grievances:

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a) The State Procurement Cell, Odisha, National Informatics Centre, Odisha

and the e-FPB will have an effective procedure for dealing with, public
complaint for e-Receipt related matters. In case, any mistake is detected
by any of the stakeholders in reporting of receipt of tender paper cost
and EMD, either suo moto or on being brought to its notice, the State
Procurement Cell, Odisha, National Informatics Centre, Odisha unit, Cyber
Treasury and the bank will promptly take steps for rectification. The e-
Focal Point Branch of the participating Banks, National Informatics
Centre, Odisha and the State Procurement Cell, Odisha will notify the
contact number and address of the Help Desk for resolution of any
dispute regarding e-Receipt.

14. Applicability and modification of existing rules / orders:

The modalities prescribed in this Office Memorandum for downloading of tender
paper, submission and rejection of bid, acceptance of Bids as well as refund and
forfeiture of earnest deposit will be applicable for electronic submission of bids
through e-procurement portal. Existing provisions regulating cost of tender
paper, earnest money deposit in OPWD Code and OGFR would stand modified to
the extent prescribed.

15. These arrangements would be made effective after signing of MoU between the
designated Banks and the State Procurement Cell, firming up of Banking
arrangements and technical integration between designated Bank and e-
Procurement Portal.

1. This shall take effect from the date of issue of this Office Memorandum.
2. Accordingly, relevant existing codal/ contractual provision exist vide Office
Memorandum No.6785/W Dt.09.05.2017 of Works Department stands modified
to the above extent.
3. This has been concurred in by the Finance Department vide their UOR No.-39-
WF-I Dt.09.11.2017.

Sd/05.12.2017
E.I.C-cum-Secretary to Govt.

[For any Technical related queries please call at Help desk numbers of State
Procurement Cell (SPC), Govt. of Odisha – 1800 3456 765, (0674) 2530998 /
2530996]
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ANNXURE-I of Appendix - II
Back-end Transaction Matrix of Electronic receipt and remittance of Cost of
Tender Paper and Earnest Money Deposit on submission of bids.
Cost of Tender Paper on submission Earnest Money Deposit on
of bids submission of bids
Government I. The payment towards the cost of I. In case of tenders of Government
Departments Tender Paper, in case Government Departments, amount towards
Departments, shall be collected in Earnest Money Deposit on
separate Pooling accounts opened in submission of bids shall be collected in
Focal Point Branch called e-FPB of a pooling account opened for this
respective designated banks [as stated purpose at Focal Point Branch called e-
in Para 2] at Bhubaneswar on FPB of respective designated banks at
T+1_day. Bhubaneswar and the banks will remit
the amount to respective bidder’s
account within two working days on
receipt of instruction from TIA through
refund and settlement of e-
procurement system.
II. With reference to the Notice Inviting
Tender/ Bid Identification Number, the II. In case of forfeiture of Earnest
amount so realized is to be remitted to Money Deposit on submission of
Government Account under the Head bids, the e- Procurement portal will
Of Account 0075-Misc. General direct the Bank to transfer the EMD
Services-800-Other Receipts-0097- value from the Pooling Account of SPC
Misc. Receipts-02237-Cost of Tender to the registered account of the tender
Paper through Odisha Treasury Portal inviting authority within two working
after opening of the bid. days of receipt of instruction from TIA.

State PSUs I. In case of State PSUs, Statutory I. Amount towards EMD on submission
Statutory corporations, Autonomous Bodies and of bids shall be collected in a separate
Corporations, Local Bodies etc. the amount towards pooling account of Focal Point Branch
Autonomous Cost of Tender Paper, on called e-FPB of respective designated
Bodies and submission of bids shall be collected banks at Bhubaneswar and the banks
Local Bodies. in separated pooling accounts opened will remit the amount to respective
in Focal Point Branch called e-FPB of bidder’s account on receipt of
respective designated Banks at instruction from TIA through refund
Bhubaneswar on T+1 days. and settlement of e-procurement
system within two working days from
receipt of such instruction.

II. The Paper cost will be transferred to II. In case of forfeiture of Earnest
the respective current accounts of Money deposit on submission of
concerned State PSUs, Statutory bids, the e- Procurement portal will
Corporation, Autonomous Bodies and direct the Bank to transfer the EMD
Local Bodies etc. after opening of bid. value from the Pooling Account of SPC
to the registered account of the tender
inviting authority within two working
days of receipt of instruction from TIA.