SQ fe
CONTRACT ENGINEERING DIVISION
NBCC Bhawan,
Lodhi Road,
New Delhi ~ 110.003
No. CE:Contracting GCC:2017: 867 June 26, 2017
ALL HODs/RBGISBG Heads
Sub: NBCC Contracting GCC - April 2016 - Amendment No.: 06
Dear Sir(s),
With reference to the subject cited above, please find enclosed herewith the copy of "Amendment
No.: 06" to the NBCC Contracting GCC - April 2016. This Amendment will be integral part of NBCC
Contracting GCC — April 2016.
This Amendment (placed as Annexure-!) contains modification in clause 2, 46 and 49 under Section-
3 of contracting GCC regarding performance guarantee, provision of land for labour huts, site office
etc. and providing steel by contractor in works.
This issues with the approval of the competent authority
Thanking you,
Encl.: As above
Circulation through ERP only
Copy for kind information to:
1. SOto CMD
2. SEO to Director (Finance)
3. EO to Dir (Comm.)Annexure-|
fe
AMENDMENT NO.: 06
To
NBCC CONTRACTING GCC- APRIL 2016
Following Clauses of contracting GCC — April 2016 under Section-3 are modified as under:
20
1
22
23
24
24
PERFORMANCE GUARANTEE ]
“Within 30 (Thirty) days from the date of issue of letter of Award or within such extended time)
as may be granted by NBC in writing, the contractor shall submit to NBCC 4 nos. irrevocable|
performance bank guarantee in the form appended or Fixed Deposit Receipt (FDR) pledged)
in favour of NBCC, from any Nationalized Bank or all Commercial schedule bank, each)
equivalent to 1.25% (one point two five per cent only) of the contract value thereby totaling to|
5% of the contract value for the due and proper execution of the Contract. In case FOR of any|
bank is furnished by the contractor to NBCC as Performance Guarantee(s) and the bank is
unable to make payment against the said FOR, the loss caused thereby shall fall on the
contractor and the contractor shall forthwith on demand furnish additional security to NBCC to
make good the deficit. All the Performance Guarantees shall be initially valid up to the
stipulated date of completion plus 60 days beyond that. In case the time for completion of,
works gets extended, the contractor shall get the validity of Performance Guarantee extended
to cover such extended time for completion of work.
NBCC reserve the right of forfeiture of the one or more performance guarantee(s) on the pro-
rata basis of the elapsed contract period in the event of the contractors failure to fulfil any of
the milestones/ contractual obligations i.e. defaults in commencing the execution of work, fails,
to maintain the required progress in terms of relevant clause of GCC & SCC, in case of bad
work or work not done as per specifications etc. or all performance guarantees in the event of
termination of contract as per terms and conditions of contract.
If the Contractor commits any default as aforesaid, the NBCC shall without prejudice to any
other right or remedy available in law, be at liberty to forfeit the performance guarantee(s)
absolutely (not withstanding and/or without prejudice to any other provisions in the contract)
by giving the notice in writing in addition to action taken under other provisions contained in
this contract or otherwise.
In case where the delay is compensated by the contractor during the completion of next
milestone(s), the amount towards forfeited bank guarantee(s)/FOR shall be refunded to the
contractor on production of the fresh bank guarantee/FDR of the equivalent amount, Such
amount will not accrue any interest to the contractor. Further, such balance/PBG/FD can also
be forfeited in case of any failure by contractor to fulil any contractual obligation in future
In case a bank guarantee/FDR is forfeited for recovery, unforfeited PBGs/FDRs will remain
with NBCC which shall be returned after successful completion/ testing/ commissioning and
handing over the project to the client up to the entire satisfaction of NBCC/ Client
In case the contractor fails to submit the performance guarantee(s) of the requisite amount
within the stipulated period or extended period, letter of Award automatically will stand
withdrawn and EMD of the contractor shall be forfeited46.0
46.1
49.0
LAND FOR LABOUR HUTS/ SITE OFFICE AND STORAGE ACCOMMODATION
The contractor may construct temporary office, storage, accommodation and labour huts
within the site premises where the space is available at site. In case, where surplus land is
rot available within the site and/or not permitted by the client, the contractor shall arrange the
land for temporary office, storage, accommodation and labour huts at his own cost and is
responsible for taking the clearance of local authorities, if required, for setting up/construction
of labour camp and same is deemed to be included in the rates quoted by the contractor for
the works. The contractor shall check the availability of land before tendering and no claim
whatsoever in this regard shall be entertained. The contractor shall ensure that the area of
labour huts is kept clean and sanitary conditions are maintained as laid down by the local
authorities controlling the area. The land for the above purposes shall be so placed that it
does not hinder the progress of work or access to the worksite, The vacant possession of the
land used, for the purpose shall be given back by contractor after completion of the work.
The security deposit of the contractor shall be released only after contractor demolishes all
structures including foundations and gives back clear vacant possession of this land,
STEEL & STEEL STOCKYARD
Steel confirming to BIS specifications (latest edition) shall be procured by the contractor
directly from reputed manufacturers/producers. Relevant vouchers & test certificates will be
produced by the contractor.oo” &
CONTRACT ENGINEERING DIVISION
NBCC Bhawan,
Lodhi Road,
New Delhi — 110 003
No. CE:Contracting GCC:2017: Fo. July 6, 2017
ALL HODs/RBG/SBG Heads
Sub: NBCC Contracting GCC - April 2016 - Amendment No.: 07
Dear Sir(s),
With reference to the subject cited above, please find enclosed herewith the copy of "Amendment
No.: 07" to the NBCC Contracting GCC — April 2016. This Amendment will be integral part of NBCC.
Contracting GCC — April 2016,
This Amendment (placed as Annexure!) contains deletion of clauses 18 and 19 under Section-3 of
contracting GCC regarding Taxes and Duties & Service Tax and its replacement with a new clause
‘Subsequent to implementation of GST and addition of sub para (v) under para 20.0 of Section-1
under List of documents to be scanned and uploaded by the contractor alongwith the
tender.
This issues with the approval of the competent authority.
Thanking you,
Yours faithfully,
‘ei
CGM (CE)
Encl.: As above
Circulation through ERP only
Copy for kind information to:
1. SO to CMD
2. SEO to Director (Finance)
3. EO to Dir (Comm,Annexure-1
Co- &
AMENDMENT NO.: 07
TO
NBCC CONTRACTING GCC- APRIL 2016
1. The Clauses 18 and 19 of contracting GCC — April 2016 under Section-3 are deleted and
replaced with a new clause as under:
18.
AL
A2
A3.
Ad,
Taxes and duties
The contract price is inclusive of all taxes, duties, cess and statutory levies
payable under any law by the contractor in connection with execution of the
contract. In case of change in rate of tax or any provision relating to levy of tax
resulting in increase in burden of tax on the contractor, the contractor shall not
be entitled to receive any compensation for such increase in quantum of tax
payable by the contractor. Similarly, no recovery shall be made from the
contractor on account of decrease of rate of tax or any provision relating to
levy of tax.
Notwithstanding anything contained in clause A.1, the contractor shall ensure
payment of appropriate tax on the supplies made under the contract. The
contractor shall take registration under the applicable enactment levying tax
on supply of goods or services under the contract and issue invoice having all
the particulars prescribed under the applicable provisions of the law, including.
description of goods/services, rate and amount of tax paid or payable on the
supplies made under the contract, so that NBC can avail credit of such tax,
wherever applicable. The contractor shall comply with all applicable provision
of Goods and Service Tax (GST) levied by Union Government and State
Governments (CGST, UTGST, SGST and IGST). The contractor shall get himself
registered and discharge his obligations for payment of taxes, filing of returns
etc. under the appropriate provisions of law in respect of all the tax, duties,
levies, cess, etc. NBCC would have right to seek necessary evidence that the
contractor is registered under the law and duly discharging its obligations under
the tax law, enabling NBCC to avail input tax credit.
In case any law requires NBC to pay tax on the contract price on reverse
charge basis, the amount of tax deposited by NBC would be considered as paid
to the contractor and, accordingly, the price payable to the contractor would
stand reduced to that extent.
In case the contractor does not deposit the tax payable on execution of the
contract, or has not provided the tax invoice to NBCC showing the amount of
tax, or has not uploaded the document in computerised tax network as perprevailing law, leading to non-availability of inputs credit of the tax to NBC,
the amount equivalent to such tax shall be deducted from the contract price.
AS. Stamp duty and registration charges, if any, payable on the executed contract
document, shall be borne by the contractor.
6. Tax deduction at source, if any, shall be made by NBC as per law applicable
from time to time from the amount payable to the contractor.
2. Sub para v) under para 20 on page-6 of Section-1 is added as under:
The contractor has to register himself in GST Act in the State at the location of the
Project and submit the following details:-
Contractor/Vender Details
Name
‘Address (As per registration with GST)
City
Postal Code
Region/State (Complete State Name)
Permanent Account Number
GSTIN ID/Provisional ID No.: (copy of
Acknowledgement required)
Type of Business (As per registration with GST)
Service Accounting Code/HSN Code:
Contact Person
Phone Number and Mobile Number
Email ID
Compliance Rating (if updated by GSTN)