7. Annexure to Conditions of Contract for Civil Works

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  Page 1 of  2   ANNEXURE TO CONDITIONS OF CONTRACT FOR CIVIL WORKS The following terms and conditions shall form a part of the tender document. If anydiscrepancies found between below mentioned clauses and clauses in the Conditions of Contract for Civil Works, Doc.No.-TB-Civil-GCC, Rev-02, the clauses mentioned in thisannexure shall prevail. 1. Clause C-27.0 of  “Over run charges” under special conditions of contract is nowdeleted. No overrun charges are payable under the contract. 2. Clause C-35.0 “ secured advance ”   under special conditions of contract is now deleted.No advance on materials shall be payable under the contract. 3. Clause C- of    “ C-29.7 ” under special condition of contract is now deleted and   now thisclause should be read as below .a.  All taxes (except Service Tax including Educational Cess), WCT under VAT act, duties,charges etc for execution of the contract shall be borne by the contractor and shall notbe payable extra. Any increase of the same at any stage during execution of thecontract shall have to be borne by the contractor. Quoted price of the bidder shall beinclusive of all such requirements. b. Service Tax (including Educational Cess) as legally leviable & payable by thecontractor under the provisions of applicable law/ act shall be paid by BHEL as per  contractor’s invoice. The invoice shall be a invoice under service tax and it should clearly depict (i) the service tax registration number of the contractor (ii) the amount of service tax (iii) the rate of service tax (iv) the nature of service provided. The contractor shall furnish proof of Service Tax registration with Central Excise Division covering theservices covered under this contract. Registration should also bear endorsement for thepremises from where the billing shall be done by contractor on BHEL for this project.  c. With introduction of CENVAT credit rules 2004 which came into force wef 10-09-04,Excise Duty paid on input goods including capital goods used for providing the outputservice & service tax paid on input service can be taken credit of against the ServiceTax payable on output service. As such, while offering the rates, contractors may takeinto account benefit of above provisions as the cost of input to contractors will be costnet of Excise Duty & Service Tax and adjust their offer price accordingly to make itmore competitive.  d.  As such, bidder’s quoted rates shall be exclusive of Service Tax (including Educational Cess). Any changes in Service Tax rules (by Govt) shall be complied with.  e. Contractor shall obtain prior approval of BHEL for adopting the scheme for assessmentof the service tax amount for the contract before first deposit of service tax to servicetax department. The vendor shall also arrange to provide such document/ certificate asmay be necessary for availment of input credit by BHEL.    Page 2 of  2   f. Contractor should be registered under State VAT Act of concerned state. They shouldproduce their Registration No and copy of Registration Certificate as proof of registration and contractor shall produce proof of payment of VAT so that BHEL asmain contractor can get the benefit of deduction of input credit from the contractualtransfer price under VAT Act of concerned state. Contractors should produce TaxInvoice, copy of tax paid challan, copy of returns of the bidder showing BHEL portion of  job value separately and other necessary documents to BHEL as required under VAT Act/ Rules so that BHEL can avail input credit under VAT Act.   4. OVER ALL PRICE VARIATION -The individual quantity can vary to any extent or may be deleted for which nocompensation will be payable to the contractor and the rates will remain firm. Also therate of each item remains firm as long as the variation in the total value of workexecuted under the contract including extra items if any remains within plus/minus 30percent of the contract value. In case the actual value of executed work including extrawork on completion of work becomes less than 70% of the basic/srcinal contract valuethan the following method shall be adopted.The actual executed value shall be raised by 7% (For arriving at the final paymentagainst work executed ) subject to the condition that total value of work executed plusincrease by 7% as above shall be limited to 70% of the basic/srcinal contract value.The rate quoted shall be firm irrespective of any upward variation in the contract price.It is further clarified that the enhancement/rate revision on the basic rate as per PVCclause shall not be accounted for the purpose of operating this clause. 5.  All other terms and conditions of tender shall remain unchanged.
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