Step 13: Quality Works

The Contractor is abide by the Contract Agreement to maintain and be responsible to provide specified standards for (a) workmanship,(b) quality materials and (c) finally quality works. The Contractor shall not be relived from its responsibility of the quality of the works even after approval of QAP. Correction of defects (noticed) during construction or Defect Notification Period shall still be the responsibility of the Contractor. And failure to correct the defects within agreed schedule shall attract appropriate Condition of Contract refer▬►Standard Specification for Road and Bridge, Section 504, ▬►SBD(for medium contract for construction of bridge)Section IV,GCC: Clause 32,33,34 and 35: Quality Control.

Standard Specification for Road and Bridges

504. QUALITY ASSURANCE PLAN
The Contractor shall submit to the Engineer for his approval, the Quality Assurance Plan (QAP) which shall be based on the detailed Programme of the Works as per Clause 116 of these Specifications.

The Quality Assurance Plan shall include the following:

(1) The Quality Control Schedule Comprising of:

(a) The recapitulative test schedule and testing programme detailing the list of tests for compliance, laboratory trials, site trials and trials Sections, construction control tests and their frequencies, tests for acceptance of the completed works with their dates.
(b) Recapitulative list of “critical” acceptance testing procedures, for equipment or parts of the works which corresponds to the tasks on the Critical Path according to the construction Programme.
(c) Estimate of the number of tests to be carried out, list and number of appropriate equipment to conduct them, list of tests to be conducted outside the site laboratory, if any, identification of the outside laboratory where proposed to carry out the test.
(d) List of staff assigned to the laboratory, their position and responsibilities in the quality control procedures, their qualification and experience, general description and detailed organization of the laboratory activities.

(2) The list of sources of materials and/or of manufactured articles, their main characteristics, their identification mode as provided by the supplier when required; the programme of supply and procurement of material and/or manufactured articles in accordance with the Programme pursuant to Clause 116.

(3) The list of tests and quality control procedures to be implemented by the Sub-contractors, if any, pointing out the “critical” acceptance testing procedures relating to the Sub-contracted works, which correspond to the tasks on the Critical Path included in the Sub-contracted works. The Contractor shall implement the Quality Control in compliance with the approved QAP.

The Engineer’s approval of the QAP shall not relieve the Contractor from his responsibility of the quality of the Works as per the Conditions of Contract and these Specifications nor shall the Engineer’s approval of the QAP exempt the Contractor of any procedure to inform the engineer in writing or request for the Engineer’s approval or reapproval as specified in the Conditions of Contract and/or in these Specifications.

The Contractor shall monitor and update the QAP on the basis of the decisions taken at the periodic review meetings or as directed by the Engineer and in accordance with the programme of the works as per Clause 116 and the Conditions of Contract.

SBD

32. Employer's Right to Accept any Bid and to Reject any or all Bids

32.1 Notwithstanding Clause 31, the Employer reserves the right to accept or reject any bid, and to cancel the Bidding process and reject all Bids, at any time prior to the award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Employer's action.

33. Notification of Award and Signing of Agreement
33.1 The Bidder whose bid has been accepted in accordance with Sub- Clause 31.4 will be notified of the award by the Employer prior to expiration of the bid validity period by facsimile confirmed by registered letter. This letter (hereinafter and in the General Conditions of Contract called the "Letter of Acceptance") will state the sum that the Employer will pay the Contractor in consideration of the execution, completion and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the "Contract Price").

33.2 The notification of award will constitute the formation of the Contract, subject to the Bidder furnishing the Performance Security in accordance with Clause 34 and signing the Agreement in accordance with Sub-Clause 33.3.

33.3 The Agreement will incorporate all agreements between the Employer and the successful Bidder. It will be signed by the Employer and sent to the successful Bidder with the notification of award along with the Letter of Acceptance. Within 15 days of receipt, the successful Bidder shall sign the Agreement and deliver it to the Employer.

33.4 Upon the furnishing by the successful Bidder of the Performance Security, the Employer will promptly notify the other Bidders that their Bids have been unsuccessful.

34. Performance Security

34.1 Within 15 days after receipt of the Letter of Acceptance, the successful Bidder shall deliver to the Employer a Performance Security in the amount stipulated in the SCC and in the form stipulated in the Bidding Data, denominated in the type and proportions of currencies in the Letter of Acceptance and in accordance with the General Conditions of Contract.

34.2 If the Performance Security is provided by the successful Bidder in the form of a bank guarantee, it shall be issued, at the Bidder's option, either (a) by a bank located in Nepal acceptable to the Employer or (b) a foreign bank through a correspondent bank located in Nepal.

34.3 [The Employer may use his own Performance Security form provided it conforms to prevailing laws and regulations].

34.4 Failure of the successful Bidder to comply with the requirements of Sub-Clause 34.1 and Sub-Clause 29.4 shall constitute sufficient grounds for cancellation of the award and forfeiture of the Bid Security.

35. Advance Payment and Security

35.1 The Employer shall make an Advance Payment on the Contract Price as stipulated in the General Conditions of Contract, subject to a maximum amount as stated in the Bidding Data.

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