Common use of GMDC Clause in Contracts

GMDC. reserves the right of altering the Drawings and nature of work by adding to or omitting any items of work or having portions of the same carried out without prejudice to this contract. 13. GMDC reserves the right to carry out the work at other places mentioned in the scope , at the same Rate , terms and conditions and mutually agreed upon under this tender. 14. Water and electricity for construction work will be supplied by GMDC free of cost at one point. 15. No escalation in price / rate will be allowed on any account/ground., even if there is a delay in completion of the work due to GMDC. In that case extension in time limit may be granted at the same terms, conditions of the tender with an explicit understanding that no price escalation will be paid by GMDC. In any case , successful bidder is not entitled for any claim in respect of idle machinery and man power. Liquidated damages will be imposed only if delay is attributed to the Contractor., 16. All required safety of the materials , man power, tools , tackles etc. storage at site are the responsibility of the Contractor till the completion and handing over of total work whole responsibility rest with the Contractor 17. Extra item/ Additional work would be executed by contractor only on getting the instructions from GMDC. Such items will be executed only if special expertise needed and major financial implications not involved. If there may be any extra work, contractor has to bring to the notice to GMDC well in advance with expected cost of execution and time required for the same. . 18. In absence of detailed specifications, the work should be carried out based on either relevant IS code and /or with fair engineering practice. 19. No mobilization advance shall be given by GMDC for this contract. 20. All the rates quoted by the Bidders must be inclusive of all required materials, labours, transportation , loading, unloading, mobilization, de mobilization ,all applicable cess, levies, duties , royalty, professional tax , turn over tax , all other taxes etc. as per Government rules but excluding of GST. 21. Bidders shall have to quote their GST number and date in the Bid. Bid received from unregistered bidders will not be considered. Bidders shall have to quote their rates without GST. GST will be paid/adjusted/ reimbursed to the successful bidder as per prevailing rates & rules to the extent directly related to the service rendered or Goods supplied by the successful bidder under the said contract subject to uploading the invoice on GSTN portal and successful bidder will mention the GST amount separately in the invoice/ bill along with SAC/HSN code under GST. Further if the successful bidder does not upload the invoice within four months from the invoice date on GSTN portal GST will not be reimbursed to them. L1 bidder will be decided after considering input Tax credit to be available to GMDC under GST . No statutory variation shall be admitted , if current taxes become payable because of exceeding the prescribed limit for turnover of the contractor after the date of offer. If any variation take place after contractual date of completion , the same shall not be allowed , even if delayed are accepted by Contractor. Note: Above clause will hold good and govern the contract In case , if similar condition/clause elsewhere in tender document is in conflict with the clause , the clause mentioned in this para will prevail and govern the contract 22. The Contractor will have to submit three copies of detailed bar chart in the manner as per the Performa issued by GMDC , for timely completion of the work 23. Bidder is required to submit a copy of PF registration number received from RPFC office along with the tender, failing which the bid will be rejected summarily. 24. The Contractor will have to submit ‘NO DEMAND CERTIFICATE’ and pre receipt bill document along with the final bill of the work, as per the Performa given. 25. The Contractor shall have to enter in to an agreement with GMDC on an appropriate stamp paper (to be provided by the contractor) after accepting the Letter of Intent. 26. The quoted rates should hold good for working as per drawings related from time to time. 27. In overall interest of work and for better co-ordination, authorized person of GMDC may ask the contractor to stop the work for time being for which no compensation will be paid. 28. The Contractor shall abide by the provisions of labour laws , Contract Labour Regulations and Abolition Act (Act 37 of 1970) pertaining to the employment of the labour and shall get register with regional provident fund commissioner and inform the GMDC about the registration number by submitting the copy of the number allotted to contractor by RPFC . The Contractor shall have to submit the copy of labour license issued by the competent authority for the subject work. 29. The Contractor shall be responsible for and shall pay any compensation to its ▇▇▇▇▇▇▇ payable under the Employees’ Compensation Act, 1923 (VII of 1923) for injuries, cause to the employee. If such compensation is paid by GMDC as principal employer under sub- section (1) of section 12 of the said act on behalf of the contractor. It shall be recoverable by GMDC from contractor under section (2) of the said section. The Contractor shall pay such amount of compensation on demand, failing which same will be recovered from his running bills of the contractor. 30. Contractor has to submit month wise labour payment record duly certified by GMDC labour welfare officer /HR dept, along with RA bill, failing which no payment will be made for the respective RA bill. 31. Submission of false or incorrect information, history of delaying in completion of work, reports of unprofessional conduct amongst other things shall be sufficient ground for disqualification of technical bid. 32. Roads, passages, approach at work site should be kept clean all the time. Material/machineries’ should be stack/ kept in proper manner so it should not obstruct day to day vehicular traffic. 33. The contractor has to produce bill of the materials used in the execution of the work if asked for by GMDC . 34. The contractor shall have to carry out the work fully as per instruction of EIC. Contractor should have to inform EIC before commencement of the work. 35. For the items, for which only quoted rates has been asked , for those items, the lowest rate quoted amongst all bidders shall be considered . 36. The work executed in mines area also, hence the rules and regulation of Director General mines Safety will be applicable and contractor has to follow the same .

GMDC. reserves the right of altering the Drawings and nature of work by adding to or omitting any items of work or having portions of the same carried out without prejudice to this contract. 13. GMDC reserves the right to carry out the work at other places mentioned in the scope , at the same Rate , terms and conditions and mutually agreed upon under this tender. 14. Water The Contractor shall have to make his own arrangement for water and electricity for construction work and for any other work. If it is supplied by the GMDC at one point , then charges will be supplied by GMDC free recovered at the rate of cost at one point1 % and 0.5 % of billed value respectively for water and electricity plus taxes . 15. No escalation in price / rate will be allowed on any account/ground., even if there is a delay in completion of the work due to GMDC. In that case extension in time limit may be granted at the same terms, conditions of the tender with an explicit understanding that no price escalation will be paid by GMDC. In any case , successful bidder is not entitled for any claim in respect of idle machinery and man power. Liquidated damages will be imposed only if delay is attributed to the Contractor., 16. All required safety of the materials , man power, tools , tackles etc. storage at site are the responsibility of the Contractor till the completion and handing over of total work whole responsibility rest with the Contractor 17. Extra item/ Additional work would be executed by contractor only on getting the instructions from GMDC. Such items will be executed only if special expertise needed and major financial implications not involved. If there may be any extra work, contractor has to bring to the notice to GMDC well in advance with expected cost of execution and time required for the same. . 18. In absence of detailed specifications, the work should be carried out based on either relevant IS code and /or with fair engineering practice. 19. No mobilization advance shall be given by GMDC for this contract. 20. All the rates quoted by the Bidders must be inclusive of all required materials, labours, transportation , loading, unloading, mobilization, de mobilization ,all applicable cess, levies, duties , royalty, professional tax , turn over tax , all other taxes etc. as per Government rules but excluding of GST., 21. Bidders shall have to quote their GST number and date in the Bid. Bid received from unregistered bidders will not be considered. Bidders shall have to quote their rates without GST. GST will be paid/adjusted/ reimbursed to the successful bidder as per prevailing rates & rules to the extent directly related to the service rendered or Goods supplied by the successful bidder under the said contract subject to uploading the invoice on GSTN portal and successful bidder will mention the GST amount separately in the invoice/ bill along with SAC/HSN code under GST. Further if the successful bidder does not upload the invoice within four months from the invoice date on GSTN portal GST will not be reimbursed to them. L1 bidder will be decided after considering input Tax credit to be available to GMDC under GST . No statutory variation shall be admitted , if current taxes become payable because of exceeding the prescribed limit for turnover of the contractor after the date of offer. If any variation take place after contractual date of completion , the same shall not be allowed , even if delayed are accepted by Contractor. Note: Above clause will hold good and govern the contract In case , if similar condition/clause elsewhere in tender document is in conflict with the clause , the clause mentioned in this para will prevail and govern the contract 22. The Contractor will have to submit three copies of detailed bar chart in the manner as per the Performa issued by GMDC , for timely completion of the work 23. Bidder is required to submit a copy of PF registration number received from RPFC office along with the tender, failing which the bid will be rejected summarily. 24. The Contractor will have to submit ‘„NO DEMAND CERTIFICATE’ CERTIFICATE‟ and pre receipt bill document along with the final bill of the work, as per the Performa given. 25. The Contractor shall have to enter in to an agreement with GMDC on an appropriate stamp paper (to be provided by the contractor) after accepting the Letter of Intent. 26. The quoted rates should hold good for working as per drawings related from time to time. 27. In overall interest of work and for better co-ordination, authorized person of GMDC may ask the contractor to stop the work for time being for which no compensation will be paid. 28. The Contractor shall abide by the provisions of labour laws , Contract Labour Regulations and Abolition Act (Act 37 of 1970) pertaining to the employment of the labour and shall get register with regional provident fund commissioner and inform the GMDC about the registration number by submitting the copy of the number allotted to contractor by RPFC . The Contractor shall have to submit the copy of labour license issued by the competent authority for the subject work. 29. The Contractor shall be responsible for and shall pay any compensation to its ▇▇▇▇▇▇▇ payable under the Employees’ Employees‟ Compensation Act, 1923 (VII of 1923) for injuries, cause to the employee. If such compensation is paid by GMDC as principal employer under sub- section (1) of section 12 of the said act on behalf of the contractor. It shall be recoverable by GMDC from contractor under section (2) of the said section. The Contractor shall pay such amount of compensation on demand, failing which same will be recovered from his running bills of the contractor. 30. Contractor has to submit month wise labour payment record duly certified by GMDC labour welfare officer /HR dept, along with RA bill, failing which no payment will be made for the respective RA bill. 31. Submission of false or incorrect information, history of delaying in completion of work, reports of unprofessional conduct amongst other things shall be sufficient ground for disqualification of technical bid. 32. Roads, passages, approach at work site should be kept clean all the time. Material/machineries’ machineries‟ should be stack/ kept in proper manner so it should not obstruct day to day vehicular traffic. 33. The contractor has to produce bill of the materials used in the execution of the work if asked for by GMDC . 34. The contractor shall have to carry out the work fully as per instruction of EIC. Contractor should have to inform EIC before commencement of the work. 35. For the items, for which only quoted rates has been asked , for those items, the lowest rate quoted amongst all bidders shall be considered . 36. The work executed in mines area also, hence the rules and regulation of Director General mines Safety will be applicable and contractor has to follow the same .