Common use of DEVIATIONS/ VARIATIONS IN QUANTITIES Clause in Contracts

DEVIATIONS/ VARIATIONS IN QUANTITIES. Extent and Pricing: The quantities given in the 'Schedule of Quantities' are provisional and are meant to indicate the extent of the work and to provide a uniform basis for tendering and any variation either by addition or omission shall not vitiate the contract. 5.1. The Company through its Engineer-In-Charge or his representative shall, without radically changing the original scope and nature of the contracted work, have power to make any alterations in or additions to or substitution of the original and instructions that may appear to be necessary or advisable during the progress of the work. The Contractor shall be bound to carry out the works in accordance with the instructions given to him in writing by Engineer-In-Charge or his representative on behalf of the Company. Such altered or additional work, which shall form part of the original contract, shall be carried out by the Contractor on the same conditions in all respects on which they agree to do the main works. 5.2. If the additional or altered work includes any class of work for which no rate/rates is/are specified in the contract, rates for such items shall be determined by the Engineer-In-Charge as follows: a. the rate shall be derived from the rate/rates for similar or near similar class of work as is/are specified in the contract/tender, failing which b. the rates shall be derived from the Company's prescribed Schedule of Rates based on which the estimate for tendering has been prepared plus or minus the percentage by which the tendered amount for the whole work quoted by the Contractor is above or below the estimated amount as per the tender documents, failing which c. the rate shall be derived from Contractor's rate claimed for such class of work supported by analysis of the rate/rates claimed by the Contractor. The rate to be determined by the Engineer-In- Charge as may be considered reasonable taking into account percentage of profit and overhead not exceeding fifteen percent or on the basis of market rates, if any, prevailing at the time when work was done. In the case of composite tenders, where two or more schedule of quantities for similar item description may form part of the contract, the applicable rate shall be taken from the schedule of quantities of that particular part in which the deviation is involved, failing that at the lowest applicable rate for the similar item of work in the other schedule of quantities. However, the Engineer-In-Charge shall be at liberty to cancel the instruction by notice in writing and to arrange to carry out the work in such manner as he /she considers advisable under the circumstances. The Contractor shall under no circumstances suspend the work on the plea of non-settlement of rates. 5.3. Alterations in the quantities shall not be considered as a change in the conditions of the contract nor invalidate any of the provision thereof provided that a Revised Work Order for the item/items involved is issued. Such alterations with consent of the Contractor shall need appropriate approval, as below: a) Additional quantity upto 10% of original awarded value may be awarded in exceptional circumstances with the approval of Tender Approving Authority. b) However, in exceptional circumstances such as non-finalization of subsequent contract, court case etc, additional quantity beyond 10% and upto 30% of original awarded value may be awarded with the approval of Competent Authority. However, TAA shall be in accordance with prevalent DoP of CIL/Subsidiary. 5.4. The time for completion of the originally contracted work shall be extended by the Company in the proportion that the additional work (in value) bears to the original contracted work (in value) as may be assessed and certified by the Engineer-In-Charge. The validity of the Bank Guarantee, if submitted by the Contractor, in lieu of Performance Security / Security Deposit shall be extended in pursuant to Clause No. 4.3 taking into consideration the period of extension. 5.5. The Company through its Engineer-In-Charge or his representative, on behalf of the Company, shall have power to omit any part of the work for any reason and the Contractor shall be bound to carry out the work in accordance with the instruction given by the Engineer-In-Charge. No claim for extra charges/damages shall be made by the Contractor on these grounds. 5.6. In the event of any deviation being ordered which in the opinion of the Contractor changes radically the original scope and nature of the contract, the Contractor shall under no circumstances suspend the work, either original or altered or substituted, and the dispute/disagreement as to the nature of deviation or the rate/rates to be paid thereof shall be resolved separately with the Company. 5.7. The re-appropriation/re-allocation of the quantities. a) Quantity up to 10% of original awarded value may be awarded in exceptional circumstances with the approval of Tender Approving Authority. b) However, in exceptional circumstances such as non-finalisation of subsequent contract, court case etc, quantity beyond 10% and upto 30% of original awarded value may be done with the approval as per DoP. However, TAA shall be in accordance with prevalent DoP of CIL/Subsidiary. 5.8. In all cases where the Service Provider has been levied a cumulative penalty of 5 percent of the total contract value, extension beyond the initial Contract period shall not be considered. However, this shall not be applicable for extension granted on account of hindrances.

DEVIATIONS/ VARIATIONS IN QUANTITIES. Extent and Pricing: The quantities given in the 'Schedule of Quantities' are provisional and are meant to indicate the extent of the work and to provide a uniform basis for tendering and any variation either by addition or omission shall not vitiate the contract. 5.1. The Company through its Engineer-In-Charge or his representative shall, without radically changing the original scope and nature of the contracted work, have power to make any alterations in or additions to or substitution of the original and instructions that may appear to be necessary or advisable during the progress of the work. The Contractor shall be bound to carry out the works in accordance with the instructions given to him in writing by Engineer-In-Charge or his representative on behalf of the Company. Such altered or additional work, which shall form part of the original contract, shall be carried out by the Contractor on the same conditions in all respects on which they agree to do the main works. 5.2. If the additional or altered work includes any class of work for which no rate/rates is/are specified in the contract, rates for such items shall be determined by the Engineer-In-Charge as follows: a. the rate shall be derived from the rate/rates for similar or near similar class of work as is/are specified in the contract/tender, failing which b. the rates shall be derived from the Company's prescribed Schedule of Rates based on which the estimate for tendering has been prepared plus or minus the percentage by which the tendered amount for the whole work quoted by the Contractor is above or below the estimated amount as per the tender documents, failing which c. the rate shall be derived from Contractor's rate claimed for such class of work supported by analysis of the rate/rates claimed by the Contractor. The rate to be determined by the Engineer-In- In-Charge as may be considered reasonable taking into account percentage of profit and overhead not exceeding fifteen percent or on the basis of market rates, if any, prevailing at the time when work was done. In the case of composite tenders, where two or more schedule of quantities for similar item description may form part of the contract, the applicable rate shall be taken from the schedule of quantities of that particular part in which the deviation is involved, failing that at the lowest applicable rate for the similar item of work in the other schedule of quantities. However, the Engineer-In-Charge shall be at liberty to cancel the instruction by notice in writing and to arrange to carry out the work in such manner as he /she considers advisable under the circumstances. The Contractor shall under no circumstances suspend the work on the plea of non-non- settlement of rates. 5.3. Alterations in the quantities shall not be considered as a change in the conditions of the contract nor invalidate any of the provision thereof provided that a Revised Work Order for the item/items involved is issued. Such alterations with consent of the Contractor shall need appropriate approval, as below: a) Additional quantity upto 10% of original awarded value may be awarded in exceptional circumstances with the approval of Tender Approving Authority. b) However, in exceptional circumstances such as non-finalization of subsequent contract, court case etc, additional quantity beyond 10% and upto 30% of original awarded value may be awarded with the approval of Competent Authority. However, TAA shall be in accordance with prevalent DoP of CIL/Subsidiary. 5.4. The time for completion of the originally contracted work shall be extended by the Company in the proportion that the additional work (in value) bears to the original contracted work (in value) as may be assessed and certified by the Engineer-In-Charge. The validity of the Bank Guarantee, if submitted by the Contractor, in lieu of Performance Security / Security Deposit shall be extended in pursuant to Clause No. 4.3 taking into consideration the period of extension. 5.5. The Company through its Engineer-In-Charge or his representative, on behalf of the Company, shall have power to omit any part of the work for any reason and the Contractor shall be bound to carry out the work in accordance with the instruction given by the Engineer-In-Charge. No claim for extra charges/damages shall be made by the Contractor on these grounds. 5.6. In the event of any deviation being ordered which in the opinion of the Contractor changes radically the original scope and nature of the contract, the Contractor shall under no circumstances suspend the work, either original or altered or substituted, and the dispute/disagreement as to the nature of deviation or the rate/rates to be paid thereof shall be resolved separately with the Company. 5.7. The re-appropriation/re-allocation of the quantities. a) Quantity up to 10% of original awarded value may be awarded in exceptional circumstances with the approval of Tender Approving Authority. b) However, in exceptional circumstances such as non-finalisation of subsequent contract, court case etc, quantity beyond 10% and upto 30% of original awarded value may be done with the approval as per DoP. However, TAA shall be in accordance with prevalent DoP of CIL/Subsidiary. 5.8. In all cases where the Service Provider has been levied a cumulative penalty of 5 percent of the total contract value, extension beyond the initial Contract period shall not be considered. However, this shall not be applicable for extension granted on account of hindrances.

DEVIATIONS/ VARIATIONS IN QUANTITIES. Extent and Pricing: The quantities given in the 'Schedule NIT/Scope of QuantitiesWork' are provisional and are meant to indicate the extent of the work and to provide a uniform basis for tendering and any variation either by addition or omission shall not vitiate the contract. There shall be no change of rates once awarded. 5.1. 5.1 The Company through its Engineer-In-Charge or his representative shall, without radically changing the original scope and nature of the contracted work, have power to make any alterations in or additions to or substitution of the original and instructions that may appear to be necessary or advisable during the progress of the work. The Contractor shall be bound to carry out the works in accordance with the instructions given to him in writing by Engineer-In-Charge or his representative on behalf of the Company. Such altered or additional work, which shall form part of the original contract, shall be carried out by the Contractor on the same conditions in all respects on which they agree to do the main works. 5.2. 5.2 If the additional or altered work includes any class of work for which no rate/rates is/are specified in the contract, rates for such items shall be determined by the Engineer-In-Charge as follows: a. the rate shall be derived from the rate/rates for similar or near similar class of work as is/are specified in the contract/tender, failing which b. the rates shall be derived from the Company's prescribed Schedule of Rates based on which the estimate for tendering has been prepared plus or minus the percentage by which the tendered amount for the whole work quoted by the Contractor is above or below the estimated amount as per the tender documents, failing which c. the rate shall be derived from Contractor's rate claimed for such class of work supported by analysis of the rate/rates claimed by the Contractor. The rate to be determined by the EngineerEngineer- In-In- Charge as may be considered reasonable taking into account percentage of profit and overhead not exceeding fifteen percent or on the basis of market rates, if any, prevailing at the time when work was done. In the case of composite tenders, where two or more schedule of quantities for similar item description may form part of the contract, the applicable rate shall be taken from the schedule of quantities of that particular part in which the deviation is involved, failing that at the lowest applicable rate for the similar item of work in the other schedule of quantities. However, the Engineer-In-Charge shall be at liberty to cancel the instruction by notice in writing and to arrange to carry out the work in such manner as he /she considers advisable under the circumstances. The Contractor shall under no circumstances suspend the work on the plea of non-settlement of rates. 5.3. 5.3 Alterations in the quantities shall not be considered as a change in the conditions of the contract nor invalidate any of the provision thereof provided that a Revised Work Order for the item/items involved is issued. Such alterations with consent of the Contractor shall need appropriate approval, as below: a) Additional quantity upto 10% of original awarded value may be awarded in exceptional circumstances with the approval of Tender Approving Authority. b) However, in exceptional circumstances such as non-finalization of subsequent contract, court case etc, additional quantity beyond 10% and upto 30% of original awarded value may be awarded with the approval of Competent Authority. However, TAA shall be in accordance with prevalent DoP of CIL/Subsidiary. 5.4. 5.4 The time for completion of the originally contracted work shall be extended by the Company in the proportion that the additional work (in value) bears to the original contracted work (in value) as may be assessed and certified by the Engineer-In-Charge. The validity of the Bank Guarantee, if submitted by the Contractor, in lieu of Performance Security / Security Deposit shall be extended in pursuant to Clause No. 4.3 taking into consideration the period of extension. 5.5. 5.5 The Company through its Engineer-In-Charge or his representative, on behalf of the Company, shall have power to omit any part of the work for any reason and the Contractor shall be bound to carry out the work in accordance with the instruction given by the Engineer-In-Charge. No claim for extra charges/damages shall be made by the Contractor on these grounds. 5.6. 5.6 In the event of any deviation being ordered which in the opinion of the Contractor changes radically the original scope and nature of the contract, the Contractor shall under no circumstances suspend the work, either original or altered or substituted, and the dispute/disagreement as to the nature of deviation or the rate/rates to be paid thereof shall be resolved separately with the Company. 5.7. 5.7 The re-appropriation/re-allocation of the quantities. a) Quantity up to 10% of original awarded value may be awarded in exceptional circumstances with the approval of Tender Approving Authority. b) However, in exceptional circumstances such as non-finalisation of subsequent contract, court case etc, quantity beyond 10% and upto 30% of original awarded value may be done with the approval as per DoP. However, TAA shall be in accordance with prevalent DoP of CIL/Subsidiary. 5.8. 5.8 In all cases where the Service Provider has been levied a cumulative penalty of 5 percent of the total contract value, extension beyond the initial Contract period shall not be considered. However, this shall not be applicable for extension granted on account of hindrances.

DEVIATIONS/ VARIATIONS IN QUANTITIES. Extent and Pricing: The quantities given in the 'Schedule of Quantities' are provisional and are meant to indicate the extent of the work and to provide a uniform basis for tendering and any variation either by addition or omission shall not vitiate the contract. 5.1. The Company through its Engineer-In-Charge or his representative shall, without radically changing the original scope and nature of the contracted work, have power to make any alterations in or additions to or substitution of the original and instructions that may appear to be necessary or advisable during the progress of the work. The Contractor shall be bound to carry out the works in accordance with the instructions given to him in writing by Engineer-In-Charge or his representative on behalf of the Company. Such altered or additional work, which shall form part of the original contract, shall be carried out by the Contractor on the same conditions in all respects on which they agree to do the main works. 5.2. If the additional or altered work includes any class of work for which no rate/rates is/are specified in the contract, rates for such items shall be determined by the Engineer-In-Charge as follows: a. the rate shall be derived from the rate/rates for similar or near similar class of work as is/are specified in the contract/tender, failing which b. the rates shall be derived from the Company's prescribed Schedule of Rates based on which the estimate for tendering has been prepared plus or minus the percentage by which the tendered amount for the whole work quoted by the Contractor is above or below the estimated amount as per the tender documents, failing which c. the rate shall be derived from Contractor's rate claimed for such class of work supported by analysis of the rate/rates claimed by the Contractor. The rate to be determined by the Engineer-In- In-Charge as may be considered reasonable taking into account percentage of profit and overhead not exceeding fifteen percent or on the basis of market rates, if any, prevailing at the time when work was done. In the case of composite tenders, where two or more schedule of quantities for similar item description may form part of the contract, the applicable rate shall be taken from the schedule of quantities of that particular part in which the deviation is involved, failing that at the lowest applicable rate for the similar item of work in the other schedule of quantities. However, the Engineer-In-Charge shall be at liberty to cancel the instruction by notice in writing and to arrange to carry out the work in such manner as he /she considers advisable under the circumstances. The Contractor shall under no circumstances suspend the work on the plea of non-settlement of rates. 5.3. Alterations in the quantities shall not be considered as a change in the conditions of the contract nor invalidate any of the provision thereof provided that a Revised Work Order for the item/items involved is issued. Such alterations with consent of the Contractor shall need appropriate approval, as below: a) Additional quantity upto 10% of original awarded value may be awarded in exceptional circumstances with the approval of Tender Approving Authority. b) However, in exceptional circumstances such as non-finalization of subsequent contract, court case etc, additional quantity beyond 10% and upto 30% of original awarded value may be awarded with the approval of Competent Authority. However, TAA shall be in accordance with prevalent DoP of CIL/Subsidiary. 5.4. The time for completion of the originally contracted work shall be extended by the Company in the proportion that the additional work (in value) bears to the original contracted work (in value) as may be assessed and certified by the Engineer-In-In- Charge. The validity of the Bank Guarantee, if submitted by the Contractor, in lieu of Performance Security / Security Deposit shall be extended in pursuant to Clause No. 4.3 taking into consideration the period of extension. 5.5. The Company through its Engineer-In-Charge or his representative, on behalf of the Company, shall have power to omit any part of the work for any reason and the Contractor shall be bound to carry out the work in accordance with the instruction given by the Engineer-In-Charge. No claim for extra charges/damages shall be made by the Contractor on these grounds. 5.6. In the event of any deviation being ordered which in the opinion of the Contractor changes radically the original scope and nature of the contract, the Contractor shall under no circumstances suspend the work, either original or altered or substituted, and the dispute/disagreement as to the nature of deviation or the rate/rates to be paid thereof shall be resolved separately with the Company. 5.7. The re-appropriation/re-allocation of the quantities. a) Quantity up to 10% of original awarded value may be awarded in exceptional circumstances with the approval of Tender Approving Authority. b) However, in exceptional circumstances such as non-finalisation of subsequent contract, court case etc, quantity beyond 10% and upto 30% of original awarded value may be done with the approval as per DoP. However, TAA shall be in accordance with prevalent DoP of CIL/Subsidiary. 5.8. In all cases where the Service Provider has been levied a cumulative penalty of 5 percent of the total contract value, extension beyond the initial Contract period shall not be considered. However, this shall not be applicable for extension granted on account of hindrances.

DEVIATIONS/ VARIATIONS IN QUANTITIES. Extent and Pricing: The quantities given in the 'Schedule of Quantities' are provisional and are meant to indicate the extent of the work and to provide a uniform basis for tendering and any variation either by addition or omission shall not vitiate the contract. 5.1. 5.1 The Company through its Engineer-In-Charge or his representative shall, without radically changing the original scope and nature of the contracted work, have power to make any alterations in or additions to or substitution of the original and instructions that may appear to be necessary or advisable during the progress of the work. The Contractor shall be bound to carry out the works in accordance with the instructions given to him in writing by Engineer-Engineer- In-Charge or his representative on behalf of the Company. Such altered or additional work, which shall form part of the original contract, shall be carried out by the Contractor on the same conditions in all respects on which they agree to do the main worksworks and at the same rate/rates as are specified in the contract. 5.2. 5.2 If the additional or altered work includes any class of work for which no rate/rates is/are specified in the contract, rates for such items shall be determined by the Engineer-In-Charge as follows: a. the rate shall be derived from the rate/rates for similar or near similar class of work as is/are specified in the contract/tender, failing which b. the rates shall be derived from the Company's prescribed Schedule of Rates based on which the estimate for tendering has been prepared plus or minus the percentage by which the tendered amount for the whole work quoted by the Contractor is above or below the estimated amount as per the tender documents, failing which c. the rate shall be derived from Contractor's rate claimed for such class of work supported by analysis of the rate/rates claimed by the Contractor. The rate to be determined by the EngineerEngineer- In-In- Charge as may be considered reasonable taking into account percentage of profit and overhead not exceeding fifteen ten percent or on the basis of market rates, if any, prevailing at the time when work was done. In the case of composite tenders, where two or more schedule of quantities for similar item description may form part of the contract, the applicable rate shall be taken from the schedule of quantities of that particular part in which the deviation is involved, failing that at the lowest applicable rate for the similar item of work in the other schedule of quantities. However, the Engineer-In-Charge shall be at liberty to cancel the instruction by notice in writing and to arrange to carry out the work in such manner as he /she considers advisable under the circumstances. The Contractor shall under no circumstances suspend the work on the plea of non-settlement of rates. 5.3. 5.3 Alterations in the quantities shall not be considered as a change in the conditions of the contract nor invalidate any of the provision thereof provided that a Revised Work Order for the item/items involved is issued. Such alterations with consent of the Contractor shall need appropriate approval, as below: a) Additional quantity upto 10% of original awarded value may be awarded in exceptional circumstances with the approval of Tender Approving Authority. b) However, in exceptional circumstances such as non-finalization of subsequent contract, court case etc, additional quantity beyond 10% and upto 30% of original awarded value may be awarded with the approval of Competent Authority. However, TAA shall be in accordance with current prevalent DoP of CIL/Subsidiary. 5.4. 5.4 The time for completion of the originally contracted work shall be extended by the Company in the proportion that the additional work (in value) bears to the original contracted work (in value) as may be assessed and certified by the Engineer-In-Charge. The validity of the Bank Guarantee, if submitted by the Contractor, in lieu of Performance Security / Security Deposit shall be extended in pursuant to Clause No. 4.3 No.4.3 taking into consideration the period of extension. 5.5. 5.5 The Company through its Engineer-In-Charge or his representative, on behalf of the Company, shall have power to omit any part of the work for any reason and the Contractor shall be bound to carry out the work in accordance with the instruction given by the Engineer-Engineer- In-Charge. No claim for extra charges/damages shall be made by the Contractor on these grounds. 5.6. 5.6 In the event of any deviation being ordered which in the opinion of the Contractor changes radically the original scope and nature of the contract, the Contractor shall under no circumstances suspend the work, either original or altered or substituted, and the dispute/disagreement as to the nature of deviation or the rate/rates to be paid thereof shall be resolved separately with the Company. 5.7. 5.7 The re-appropriation/re-allocation of the quantities. a) Quantity up to upto 10% of original awarded value may be awarded in exceptional circumstances with the approval of Tender Approving Authority. However, TAA shall be in accordance with current prevalent DoP of CIL/Subsidiary.” b) However, in exceptional circumstances such as non-finalisation of subsequent contract, court case etc, quantity beyond 10% and upto 30% of original awarded value may be done with the approval as per DoP. However, TAA shall be in accordance with prevalent DoP of CIL/Subsidiary.DoP. 5.8. 5.8 In all cases where the Service Provider has been levied a cumulative penalty of 5 percent of the total contract value, extension beyond the initial Contract period shall not be considered. However, this shall not be applicable for extension granted on account of hindrances.