kw-1 Bid
kw-1 Bid
kw-1 Bid
GOVERNMENT OF KARNATAKA
5 CONTRACT DATA
6 SPECIFICATIONS
7 DRAWINGS
8. BILL OF QUANTITIES
After login to Contractors, Please scroll down to the right side bottom to see List of Tenders, Please click there
to find the details of NIT and download copy of the tender . The tender can be downloaded in the portal as per
prescribed date and time published in the portal . Only Interested Contractors who wish to participate should
remit online transaction fee for tender after registering in the portal . The transaction fee is non-refundable if
you wish to participate .
3. Tenders must be accompanied by earnest money deposit which will paid online through e-Procurement
portal .
4. Tenders must be electronically submitted ( on-line through internet ) with in the date and time
published in e-procurement portal. Tenders will be opened at prescribed time and date in the eprocurement
portal , in the presence of the Tenderers who wish to attend at the Office of the Executive Engineer,P.W.P &
I.W.T.D. Chitradurga Divison, Chitradurga.
.
5 Other details can be seen in the tender documents.
TABLE
Package Name of work Approximate Earnest Transaction Period of
No. value Money fee , only in completion
of work (Rs.) Deposit case
(Rs.) Tenderers
who wish to
participate .
1 2 3 4 5 6
CONSTRUCTION OF C.C.ROAD IN
1 S.C.COLONY AT B.G.KERE VILLAGE IN 3 (Three)
MOLAKALMURU TALUK. (W.I. 92556)
As per
891141.74 22300.00
E-Procure Months
ment
Table of Clauses
A. General
1. Scope of Tender
2. Eligible Tenderers
3. Tender capacity
B. Tender Documents
C. Preparation of Tenders
D. Submission of Tenders
F. Award of contract
A. General
1. Scope of Tender
1.1 The Executive Engineer,P.W.P & I.W.T.D. Chitradurga Divison, Chitradurga (Referred to as
Employer in these documents) invites tenders from Contractors registered in KPWD, for the
construction of works (as defined in these documents and referred to as "the works") detailed in the
Table given in the Invitation for Tenders (IFT). The tenderers may submit tenders for any or all of the
works detailed in the table given in IFT.
2. Eligible Tenderers
2.1 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by
the Government of Karnataka
3. Tender capacity :
3.1 Eligible Tenderers will be qualified only if their available tender capacity is more than the total tender
value. The available tender capacity will be calculated as under:
Assessed available tender capacity = ( A*N*2.5 - B )
where
A = Maximum value of civil engineering works executed in any one year during the last five years
(updated to 2018-19 price level) taking into account the completed as well as works in progress.
N = Number of years prescribed for completion of the works for which Tenders are invited.
Note: The statements showing the value of existing commitments and on-going works as well as the
stipulated period of completion remaining for each of the works listed should be countersigned by
the Employer in charge, not below the rank of an Executive Engineer or equivalent.
(a) Mandating satisfactorily completion as a prime contractor for at least one similar work to an
extent of 50% of the cost of the work of value not less than Rs. 4.46 lakhs.
3.2 Even though the tenderers meet the above criteria, they are subject to be disqualified if they have:
- made misleading or false representations in the forms, statements and attachments submitted in proof
of the qualification requirements; and/or
- record of poor performance such as abandoning the works, not properly completing the contract,
inordinate delays in completion, litigation history, or financial failures etc.; and/or
- participated in the previous Tender for the same work and had quoted unreasonably high tender prices
and could not furnish rational justification.
B. Tender documents
The Contractor should go through the Tender Document and submit the response /commercial / technical
through e-procurement portal online after downloading the tender.
5.1 Before the deadline for submission of tenders, the Employer may modify the tender documents by
issuing addenda.
5.2 Any addendum thus issued shall be part of the tender documents and shall be posted online in the e-
procurement portal which Contractors should download.
5.3 To give prospective Tenderers reasonable time in which to take an addendum into account in preparing
their tenders, the Employer shall extend as necessary the deadline for submission of tenders on line
through e-procurement portal, in accordance with Sub-Clause 12.2 below.
C. Preparation of Tenders
6.1 The tender submitted by the Tenderer shall be in one covers and shall contain the documents as
follows:
(a) Earnest Money Deposit; on line payment through e-Procurement platform.
(b) Qualification Information as per formats given in Section 3;
7. Tender prices
7.1 The contract shall be for the whole works as described in Sub-Clause 1.1, based on the priced Bill of
Quantities submitted by the Tenderer.
7.2 The Tenderer shall fill in rates and prices and line item total (both in figures and words) for all items of
the Works described in the Bill of Quantities along with total tender price (both in figures and
words).-- Not Applicable
Items for which no rate or price is entered by the Tenderer will not be paid for by the Employer
when executed and shall be deemed covered by the other rates and prices in the Bill of
Quantities. Corrections, if any, shall be made online only before the submission of the bid.
7.3 All duties, taxes, and other levies payable by the contractor under the contract, or for
any other cause, shall be included in the rates, prices and total Tender Price submitted
by the Tenderer is excluding GST.
7.4 The rates and prices quoted by the Tenderer shall be fixed for the duration of the Contract and shall
not be subject to adjustment on any account.
8. Tender validity
8.1 Tenders shall remain valid for a period not less than ninety days after the deadline date for tender
submission specified in Clause 12. A tender valid for a shorter period shall be rejected by the
Employer as non-responsive.
8.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may request that
the Tenderers may extend the period of validity for a specified additional period. The request and the
Tenderers' responses shall be made in writing or by cable. A Tenderer may refuse the request without
forfeiting his earnest money deposit. A Tenderer agreeing to the request will not be required or
permitted to modify his tender, but will be required to extend the validity of his earnest money deposit
for a period of the extension, and in compliance with Clause 9 in all respects.
The supplier/contractor can pay the Earnest Money Deposit (EMD) in the e-Procurement portal using any of the
following payment modes:
Credit Card
Direct Debit
National Electronic Fund Transfer (NEFT)
The supplier/contractor’s bid will be evaluated only on confirmation of receipt of the payment (EMD) in the
Government of Karnataka central pooling a/c held at Axis Bank
EMD amount will have to be submitted by the supplier/contractor taking into account the following conditions:
a. EMD will be accepted only in the form of electronic cash (and not through Demand Draft or Bank Guarantee)
and will be maintained in the Govt.’s central pooling account at Axis Bank until the contract is closed.
b. The entire EMD amount for a particular tender has to be paid in a single transaction
For details on e-Payment services refer to e-procurement portal for more details on the process .
Refund of EMD
Based on the instructions of Tender Accepting Authority (TAA) the EMD amount of the unsuccessful bidders
will be refunded to the respective Bank a/c’s of the supplier/contractor registered in the e-Procurement system .
9.2 Instruments having fixed validity issued as earnest money deposit for the tender shall be valid for 45
days beyond the validity of the tender.
9.3 Any tender not accompanied by an acceptable earnest money deposit and not secured as indicated in
Sub-Clauses 9.1 and 9.2 above shall be rejected by the Employer as non-responsive.
9.4 The earnest money deposit of unsuccessful Tenderers will be returned within 30 days of the end of the
tender validity period specified in Sub-Clause 8.1.
9.5 The earnest money deposit of the successful Tenderer will be discharged when the Tenderer has signed
the Agreement and furnished the required Performance Security.
Tenderer shall submit the Bid electronically before the submission date and time published in
eprocurement portal.
D. Submission of Tenders
11. Tenderer shall submit the Bid electronically before the submission date and time published .
12.1 The Employer may extend the deadline for submission of tenders by issuing an amendment in
accordance with Clause 5, in which case all rights and obligations of the Employer and the Tenderers
previously subject to the original deadline will then be subject to the new deadline.
13.1 In online eprocurement system , you shall not be able to submit the bid after the bid submission time
and date as the icon or the task in the eprocurement portal will not be available.
Tender has all the time to modify and correct or upload any relevant document in the portal till Bid
submission date and time ,as published in the eprocurement portal .
15.1 The Employer will open online Tenders received through eprocurement portal, in the presence of the
Tenderers or their representatives who choose to attend at 11.00 hours on the date and the place specified
in the e-procurement portal. In the event of the specified date of Tender opening being declared a holiday
for the Employer, the Tenders will be opened at the appointed time and location on the next working day.
15.2 The Tenderes names, the presence or absence of earnest money deposit (amount, format and validity),
the submission of qualification information and such other information as the Employer may consider
appropriate will be announced by the Employer at the opening
15.3 The Employer shall prepare minutes of the Tender opening, including the information disclosed to those
present in accordance with Sub-Clause 15.2
16.1 Information relating to the examination, clarification, evaluation, and comparison of Tenders and
recommendations for the award of a contract shall not be disclosed to Tenderers or any other persons
not officially concerned with such process until the award to the successful Tenderer has been
announced. Any effort by a Tenderer to influence the Employer's processing of Tenders or award
decisions may result in the rejection of his Tender.
17 Clarification of Tenders
17.1 To assist in the examination, evaluation, and comparison of Tenders, the Employer may, at his
discretion, ask any Tenderer for clarification of his Tender, including breakdowns of unit rates. The
request for clarification and the response shall be in writing or by cable, but no change in the price or
substance of the Tender shall be sought, offered, or permitted .
17.2 Subject to sub-clause 17.1, no Tenderer shall contact the Employer on any matter relating to its Tender
from the time of the Tender opening to the time the contract is awarded. If the Tenderer wishes to
bring additional information to the notice of the Employer, it should do so in writing.
17.3 Any effort by the Tenderer to influence the Employer in the Employer’s Tender evaluation, Tender
comparison or contract award decisions may result in the rejection of the Tenderers’ Tender.
18.1 Prior to the detailed evaluation of Tenders, the Employer will determine whether each Tender (a)
meets the eligibility criteria defined in Clause 2; (b) has been digital signed; (c) is accompanied by the
required earnest money deposit and; (d) is substantially responsive to the requirements of the Tender
documents.
.
18.2 A substantially responsive Tender is one which conforms to all the terms, conditions, and
specifications of the Tender documents, without material deviation or reservation. A material deviation
or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the
Works; (b) which limits in any substantial way, inconsistent with the Tender documents, the
Employer's rights or the Tenderer's obligations under the Contract; or (c) whose rectification would
affect unfairly the competitive position of other Tenderers presenting substantially responsive Tenders.
18.3 If a Tender is not substantially responsive, it will be rejected by the Employer, and may not
subsequently be made responsive by correction or withdrawal of the nonconforming deviation or
reservation.
19 Correction of errors
The Tenderer can do Modifications before submitting their bids online only.
20.1 The Employer will evaluate and compare only the Tenders determined to be substantially responsive in
accordance with Clause 18.
20.2 The Employer reserves the right to accept or reject any variation, deviation, or alternative offer.
Variations, deviations, and alternative offers and other factors which are in excess of the requirements
of the Tender documents or otherwise result in unsolicited benefits for the Employer shall not be taken
into account in Tender evaluation.
F. Award of Contract
21. Award criteria
21.1 Subject to Clause 22, the Employer will award the Contract to the Tenderer whose Tender has been
determined to be substantially responsive to the Tender documents and who has offered the lowest
evaluated Tender Price, provided that such Tenderer has been determined to be (a) eligible in
accordance with the provisions of Clause 2, and (b) qualified in accordance with the provisions of
Clause 3.
22. Employer's right to accept any Tender and to reject any or all Tenders
22.1 Notwithstanding Clause 21, the Employer reserves the right to accept or reject any Tender, and to
cancel the Tender process and reject all Tenders, at any time prior to the award of Contract, without
thereby incurring any liability to the affected Tenderer or Tenderers or any obligation to inform the
affected Tenderer or Tenderers of the grounds for the Employer's action.
23.2 The notification of award will constitute the formation of the Contract, subject only to the furnishing of
Security deposit in accordance with the provisions of Clause 24.
23.3 The Agreement will incorporate all agreements between the Employer and the successful Tenderer. It
will be kept ready for signature of the successful Tenderer in the office of Employer within 30 days
following the notification of award along with the Letter of Acceptance. Within 20 days of receipt, the
successful Tenderer will sign the Agreement and deliver it to the Employer.
23.4 Upon the furnishing by the successful Tenderer of the Performance Security, the Employer will
promptly notify the other Tenderers that their Tenders have been unsuccessful.
- Specified Small Savings Instruments pledged to of the Executive Engineer, PWP &
I.W.T.D Chitradurga Division , Chitradurga
24.2 The Security deposit if furnished in cash or demand draft can, if requested, be converted to interest
bearing securities at the cost of the contractor.
24.3 Failure of the successful Tenderer to comply with the requirements of Sub-Clause 24.1 shall constitute
sufficient grounds for cancellation of the award and forfeiture of the earnest money deposit..
25.1 The GOK requires that the Tenderers/Suppliers/Contractors, observe the highest standard of ethics
during the procurement and execution of such contracts. In pursuance of this policy, GOK :
(a) will reject a proposal for award if it determines that the Tenderer recommended for award has
engaged in corrupt or fraudulent practices in competing for the contract in question;
(b) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a
GOK contract if it at any time determines that the firm has engaged in corrupt or fraudulent
practices in competing for, or in executing, a GOK contract.
25.2 Furthermore, Tenderers shall be aware of the provision stated in sub-clause 43.2 of the Conditions of
Contract.
26.1 In the case of the death of a contractor after executing the agreement / commencement of the work, his
legal heir, if an eligible registered contractor willing can execute & complete the work at the accepted
tender rates irrespective of the cost of the work.
TABLE OF FORM :
- FORMS OF TENDER
- QUALIFICATION INFORMATION
- LETTER OF ACCEPTANCE
- AGREEMENT FORM
Form of Tender
Description of the Works CONSTRUCTION OF C.C.ROAD IN S.C.COLONY AT B.G.KERE VILLAGE IN
MOLAKALMURU TALUK. (W.I. 92556) Tender
GENTLEMEN,
We offer to execute the Works described above in accordance with the Conditions of Contract accompanying
this Tender for the Contract Price of ……………………………… ( in fig)
………………………………………………………………………( in letters)
This Tender and your written acceptance of it shall constitute a binding contract between us. We understand that
you are not bound to accept the lowest or any Tender you receive.
We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will
strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act
1988”.
We hereby confirm that this Tender complies with the Tender validity and Earnest money deposit required by
the Tender documents.
Yours faithfully,
Authorized Signature:
Address: ______________________________________________
______________________________________________
Ph No Land:-
Mobail:-
QUALIFICATION INFORMATION
The information to be filled in by the Tenderer hereunder will be used for purposes of computing Tender
capacity as provided for in Clause 3 of the Instructions to Tenderers. This information will not be incorporated
in the Contract.
Description of Work Place & Contract Name & Date Address Value of Stipulated Value of Anticipated
State No. & of Employer Contract period of works date of
Date (Rs. completion remaining completion
Lakhs) to be
completed
(Rs.Lakhs)
1 2 3 4 5 6 7 8
Description of Work Place & Name & Estimated Stipulated Date Remarks if
State Date value of period of when any
Address works completion decision
of (Rs. is
Employer Lakhs) expected
1 2 3 4 5 6 7
1.4. Name, address, and telephone, telex, and fax numbers of the Tenderers' bankers who may provide
references if contacted by the Employer.
Letter of Acceptance
(letterhead paper of the Employer)
________________________[date]
To: ____________________________________________________________________
[name and address of the Contractor]
Dear Sirs,
This is to notify you that your Tender dated ____________ for execution of the
CONSTRUCTION OF C.C.ROAD IN S.C.COLONY AT B.G.KERE VILLAGE IN MOLAKALMURU TALUK.
(W.I. 92556)
for the Contract Price of Rupees
( ) [amount in words and figures], as corrected and
modified in accordance with the Instructions to Tenderers is hereby accepted by our Agency.
You are hereby requested to furnish Security deposit in the form detailed in Clause 24.1 of ITT for an amount
of Rs.————— within 20 days of the receipt of this letter of acceptance valid up to 30 days from the date of
expiry of Defects Liability Period i.e. up to ............ and sign the contract, failing which action as stated in Para
24.3 of ITT will be taken.
Yours faithfully,
Authorized Signature
Name of Agency
---------------------------------------------------------------------------------------------------------------------------------------
——————————————
——————————————
Dear Sirs:
Pursuant to your furnishing the requisite security deposit as stipulated in ITT Clause
24.1 and signing of the contract agreement for the construction CONSTRUCTION OF C.C.ROAD
IN S.C.COLONY AT B.G.KERE VILLAGE IN MOLAKALMURU TALUK. (W.I. 92556)
.atTender Price of Rs.——————, you are hereby instructed to proceed with the
execution of the said works in accordance with the contract documents.
Yours faithfully,
Agreement Form
Agreement
1. In this Agreement, words and expression shall have the same meanings as are respectively assigned to
them in the Conditions of Contract hereinafter referred to, and they shall be deemed to form and be read
and construed as part of this Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned,
the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any
defects therein in conformity in all aspects with the provisions of the Contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of
the Works and the remedying the defects wherein the Contract Price or such other sum as may become
payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.
4. The following documents shall be deemed to form and be read and construed as part of this Agreement,
viz:
i) Letter of Acceptance;
ii) Notice to proceed with the works;
iii) Contractor’s Tender;
iv) Contract Data;
v) Conditions of contract (including Special Conditions of Contract);
vi) Specifications;
vii) Drawings;
viii) Bill of Quantities; and
ix) Any other document listed in the Contract Data as forming part of the contract.
In witness whereof the parties thereto have caused this Agreement to be executed the day and year first before
written.
A. General
1. Definitions
2. Interpretation
3. Law governing contract
4. Employers decisions
5. Delegation
6. Communications
7. Subcontracting
8. Other Contractors
9. Personnel
10. Employer’s and Contractor’s risks
11. Employer’s risks
12 Contractor’s risks
13 Query about Contract Data
14 Contractor to construct the Works
15. The Works to be completed by Intended Completion Date
16. Safety
17. Discoveries
18. Possession of the Site
19. Access to the Site
20. Instructions
B. Time Control
21. Program
22. Extension of the Intended Completion Date
23. Delays ordered by the Employer
24. Management meetings
C. Quality Control
D. Cost Control
E Finishing of Contract
38. Completion
39. Taking Over
40. Final account
41. As built drawings and/or Operating and Maintenance Manuals
42. Termination
43 Payment upon termination
44. Property
45. Release from performance
Conditions of Contract
A. General
1. Definitions
1.1 Terms which are defined in the Contract Data are not also defined in the Conditions of Contract but
keep their defined meanings. Bold letters are used to identify defined terms.
Bill of Quantities means the priced and completed Bill of Quantities forming part of the Tender.
Compensation events are those defined in Clause 34 hereunder.
The Completion Date is the date of completion of the Works as certified by the Employer in
accordance with Sub Clause 38.1
The Contract is the contract between the Employer and the Contractor to execute, complete and
maintain the Works. It consists of the documents listed in Clause 2.2 below.
The Contract Data defines the documents and other information which comprise the Contract.
The Contractor is a person or corporate body whose Tender to carry out the Works has been accepted
by the Employer.
The Contractor's Tender is the completed Tender document submitted by the Contractor to the
Employer.
The Contract price is the price stated in the Letter of Acceptance and thereafter as adjusted in
accordance with the provisions of the Contract.
Days are calendar days; months are calendar months.
A Defect is any part of the Works not completed in accordance with the Contract.
The Defects liability period is the period named in the Contract Data and calculated from the
Completion Date.
The Employer is the party who will employ the Contractor to carry out the Works.
Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to construct the
Works.
The Initial Contract price is the Contract Price listed in the Employer's Letter of Acceptance.
The Intended Completion Date is the date on which it is intended that the Contractor shall complete
the Works. The Intended Completion Date is specified in the Contract Data. The Intended Completion
Date may be revised only by the Employer by issuing an extension of time.
Materials are all supplies, including consumables, used by the contractor for incorporation in the
Works.
Plant is any integral part of the Works which is to have a mechanical, electrical, electronic or chemical
or biological function.
The Site is the area defined as such in the Contract Data.
Specification means the Specification of the Works included in the Contract and any modification or
addition made or approved by the Employer.
The Start Date is given in the Contract Data. It is the date when the Contractor shall commence
execution of the works. It does not necessarily coincide with any of the Site Possession Dates.
A Subcontractor is a person or corporate body who has a Contract with the Contractor to carry out a
part of the work in the Contract which includes work on the Site.
A Variation is an instruction given by the Employer which varies the Works.
The Works are what the Contract requires the Contractor to construct, install, and turn over to the
Employer, as defined in the Contract Data.
2. Interpretation
2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female or
neuter, and the other way around. Headings have no significance. Words have their normal meaning
under the language of the Contract unless specifically defined. The Employer will provide instructions
clarifying queries about the Conditions of Contract.
2.2 The documents forming the Contract shall be interpreted in the following order of priority:
(1) Agreement
(2) Letter of Acceptance, notice to proceed with the works
(3) Contractor’s Tender
(4) Contract Data
(5) Conditions of Contract
(6) Specifications
(7) Drawings
(8) Bill of quantities and
(9) Any other document listed in the Contract Data as forming part of the Contract.
3.1 The law governing the Contract is the Laws of India supplanted by the Karnataka Local Acts.
4. Employer's decisions
4.1 Except where otherwise specifically stated, the Employer will decide contractual matters between the
Employer and the Contractor.
5. Delegation
5.1 The Employer may delegate any of his duties and responsibilities to other people after notifying the
Contractor and may cancel any delegation after notifying the Contractor.
6. Communications
6.1 Communications between parties which are referred to in the conditions are effective only when in
writing. A notice shall be effective only when it is delivered (in terms of Indian Contract Act).
7. Subcontracting
8. Other Contractors
8.1 The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities,
and the Employer.
9. Personnel
9.1 The Contractor shall employ the technical personnel (of number and qualifications) as may be
stipulated by GOK from time to time during the execution of the work. The technical staff so
employed shall be available at site as may be stipulated by the Employer.
9.2 If the Employer asks the Contractor to remove a person who is a member of the Contractor’s staff or
his work force stating the reasons, the Contractor shall ensure that the person leaves the Site within
seven days and has no further connection with the work in the Contract.
10.1 The Employer carries the risks which this Contract states are Employer’s risks, and the Contractor
carries the risks which this Contract states are Contractor’s risks.
B. Time Control
21. Program
21.1 Within the time stated in the Contract Data the Contractor shall submit to the Employer for approval a
Program showing the general methods, arrangements, order, and timing for all the activities in the
Works.
21.2 The Employer's approval of the Program shall not alter the Contractor's obligations. The Contractor
may revise the Program and submit it to the Employer again at any time. A revised Program is to show
the effect of Variations and Compensation Events.
22.1 The Employer shall extend the Intended Completion Date if a Compensation Event occurs or a
Variation is issued which makes it impossible for Completion to be achieved by the Intended
Completion Date.
22.2 The Employer shall decide whether and by how much to extend the Intended Completion Date within
21 days of the Contractor asking the Employer for a decision upon the effect of a Compensation Event
or Variation and submitting full supporting information.
23. Delays ordered by the Employer
23.1 The Employer may instruct the Contractor to delay the start or progress of any activity within the
Works.
24. Management meetings
24.1 The Employer may require the Contractor to attend a management meeting. The business of a
management meeting shall be to review the progress achieved and the plans for remaining work.
24.2 The responsibility of the parties for actions to be taken is to be decided by the Employer either at the
management meeting or after the management meeting and stated in writing to be distributed to all
who attended the meeting.
C. Quality Control
25. Identifying defects
25.1 The Employer shall check the Contractor's work and notify the Contractor of any Defects that are
found. Such checking shall not affect the Contractor's responsibilities. The Employer may instruct the
Contractor to search for a Defect and to uncover and test any work that the Employer considers may
have a Defect
26. Tests
26.1 If the Employer instructs the Contractor to carry out a test not specified in the Specification to check
whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and
any samples. If there is no Defect the test shall be a Compensation Event.
27.1 The Employer shall give notice to the Contractor of any Defects before the end of the Defects Liability
Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period
shall be extended for as long as Defects remain to be corrected.
27.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length
of time specified by the Employer’s notice.
28.1 If the Contractor has not corrected a Defect within the time specified in the Employer’s notice, the
Employer will assess the cost of having the Defect corrected, and the Contractor will pay this amount.
D . Cost Control
29. Bill of Quanities (BOQ)
29.1 The BOQ shall contain items for the construction, installation, testing and commissioning work to be
done by the Contractor.
29.2 The BOQ is used to calculate the Contract price. The Contractor is paid for the quanitiy of the work
done at the rate in the BOQ for each item.
30. Variations
30.1 The Employer shall have power to order the Contractor to do any or all of the following as considered
necessary or advisable during the progress of the work by him.
(a) Increase or decrease of any item of work included in the Bill of Quantities (BOQ);
(b) Omit any item of work;
(c) Change the Character or quality or kind of any item of work;
(d) Change the levels, lines, positions and dimensions of any part of the work;
(e) Execute additional items of work of any kind necessary for the completion of the works; and
(f) Change in any specified sequence, methods or timing of construction of any part of the work.
30.2 The Contractor shall be bound to carry out the work in accordance with any instructions in this
connection, which may be given to him in writing by the Employer and such alteration shall not vitiate
or invalidate the contract.
30.3 Variations shall not be made by the Contractor without an order in writing by the Employer, provided
that no order in writing shall be required for increase or decrease in the quantity of an item appearing in
the BOQ so long as the work executed conforms to the approved drawings.
30.4 The Contractor shall promptly request in writing to the Employer to confirm verbal orders and the
officer issuing oral instructions shall confirm it in writing within 30 days, failing which the work shall
be carried out as though there is no variation. In case variation is approved it shall be accompanied by
BOQ failing which the contractor shall be responsible for deviation if any. Further approval of Govt has
to be obtained for the variation exceeding 5 %.
31.1 Payment for increase in the quantities of an item in the BOQ up to 25% of that provided in the Bill of
Quantities shall be made at the rates quoted by the Contractor.
31.2 For quantities in excess of 125% of the tendered quantity of an item as given in the BOQ, the Contractor
shall be paid at the rate entered in or derived from in the Schedule of Rates (applicable for the area of
the work and current at the time of award of contract) plus or minus the overall percentage of the
original tendered rates over the current Schedule of Rates prevalent at the time of award of contract.
31.3 If there is no rate for the additional, substituted or altered item of the work in the BOQ, efforts would be
made to derive the rates from those given in the BOQ or the Schedule of Rates (applicable for the area
of the work and current at the time of award of contract) and if found feasible the payment would be
made at the derived rate for the item plus or minus the overall percentage of the original tendered rates
over the current Schedule of Rates prevalent at the time of award of contract
31.4 If the rates for additional, substituted or altered item of work cannot be determined either as at 31.1 or
31.2 or 31.3 above, the Contractor shall be requested to submit his quotation for the items supported by
analysis of the rate or rates claimed, within 7 days.
31.5 If the Contractor's quotation is determined unreasonable, the Employer may order the Variation and
make a change to the Contract Price which shall be based on Employer’s own forecast of the effects of
the Variation on the Contractor's costs.
31.6 If the Employer decides that the urgency of varying the work would prevent a quotation being given
and considered without delaying the work, no quotation shall be given and the Variation shall be
treated as a Compensation Event.
31.7 Under no circumstances the Contractor shall suspend the work on the plea of non-settlement of rates
for items falling under this Clause.
32.1 The Contractor shall submit to the Employer monthly bills of the value of the work completed less the
cumulative amount paid previously.
32.2 The Employer shall check the Contractor's bill and determine the value of the work executed which
shall comprise of (i) value of the quantities of the items in the BOQ completed and (ii) valuation of
Variations and Compensation Events.
32.3 The Employer may exclude any item paid in a previous bill or reduce the proportion of any item
previously paid in the light of later information.
33. Payments
33.1 Payments shall be adjusted for deductions for advance payments, other than recoveries in terms of the
contract and taxes, at source, as applicable under the law. The Employer shall pay the Contractor
within 60 days of submission of bill. The contractor shall be liable to pay liquidated damages for
shortfall in progress. For progress beyond the agreed programme payment is subject to availability of
the grants.
33.2 Items of works for which no rates or price has been entered in will not be paid for by the Employer and
shall be deemed covered by other rates and prices in the contract.
34.1 The following are Compensation events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated
in the Contract Data.
(b) The Employer orders a delay or does not issue drawings, specifications or instructions
required for execution of works on time.
(c) The Employer instructs the Contractor to uncover or to carry out additional tests upon
work which is then found to have no Defects.
(d) The Employer gives an instruction for dealing with an unforeseen condition, caused by the
Employer, or additional work required for safety or other reasons.
(e) The effect on the Contractor of any of the Employer’s Risks.
(f) The Employer unreasonably delays issuing a Certificate of Completion.
(g) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
34.2 If a Compensation Event would cause additional cost or would prevent the work being completed
before the Intended Completion Date, the Contract Price shall be increased and/or the Intended
Completion Date is extended. The Employer shall decide whether and by how much the Contract Price
shall be increased and whether and by how much the Intended Completion Date shall be extended.
34.3 As soon as information demonstrating the effect of each Compensation event upon the Contractor's
forecast cost has been provided by the Contractor, it is to be assessed by the Employer and the
Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed unreasonable, the
Employer shall adjust the Contract Price based on Employer’s own forecast. The Employer will
assume that the Contractor will react competently and promptly to the event.
34.4 The Contractor shall not be entitled to compensation to the extent that the Employer's interests are
adversely affected by the Contractor not having given early warning or not having cooperated with the
Employer.
35. Tax
35.1 The rates quoted by the Contractor shall be deemed to be inclusive of the sales and excluding
GST labour welfare cess at 1.00% and other taxes that the Contractor will have to pay for the
performance of this Contract. The Employer will perform such duties in regard to the deduction
of such taxes at source as per applicable law. As per government order PWD:65:RDF:2017,
dated: 11.10.2018 GST will be added to the contract amount separately.
37.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and
the end of the Defects Correction periods shall be remedied by the Contractor at the Contractor's cost if
the loss or damage arises from the Contractor's acts or omissions.
38.1 The Contractor shall request the Employer to issue a Certificate of Completion of the Works and the
Employer will do so upon deciding that the Work is completed.
39.1 The Employer shall take over the Site and the Works within seven days of issuing a certificate of
Completion.
40.1 The Contractor shall supply to the Employer a detailed account of the total amount that the Contractor
considers payable under the Contract before the end of the Defects Liability Period. The Employer
shall issue a Defect Liability Certificate and certify any final payment that is due to the Contractor
within 90 days of receiving the Contractor's account if it is correct and complete. If it is not, the
Employer shall issue within 90 days a schedule that states the scope of the corrections or additions that
are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the Employer
shall decide on the amount payable to the Contractor and make payment within 60 days of receiving
the Contractor’s revised account.
41.1 If “as built” Drawings and/or operating and maintenance manuals are required, the Contractor shall
supply them by the dates stated in the Contract Data.
41.2 If the Contractor does not supply the Drawings by the dates stated in the Contract Data, or they do not
receive the Employer’s approval, the Employer shall withhold the amount stated in the Contract Data
from payments due to the Contractor.
42. Termination
42.1 The Employer may terminate the Contract if the other party causes a fundamental breach of the
Contract.
42.2 Fundamental breaches of Contract include, but shall not be limited to the following:
(a) the Contractor stops work for 45 days when no stoppage of work is shown on the current
Program and the stoppage has not been authorized by the Employer;
(b) DELETED
(c) The Contractor becomes bankrupt or goes into liquidation other than for a reconstruction
or amalgamation;
(d) DELETED;
(e) the Employer gives Notice that failure to correct a particular Defect is a fundamental
breach of Contract and the Contractor fails to correct it within a reasonable period of time
determined by the Employer;
(f) the Contractor does not maintain a security which is required;
(g) the Contractor has delayed the completion of works by the number of days for which the
maximum amount of liquidated damages can be paid as defined in the Contract data; and
(h) if the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent
practices in competing for or in the executing the Contract.
For the purpose of this paragraph : “corrupt practice” means the offering, giving, receiving
or soliciting of any thing of value to influence the action of a public official in the
procurement process or in contract execution. “Fraudulent practice” means a
misrepresentation of facts in order to influence a procurement process or the execution of a
contract to the detriment of the Borrower, and includes collusive practice among Tenderers
(prior to or after Tender submission) designed to establish Tender prices at artificial non-
competitive levels and to deprive the Borrower of the benefits of free and open
competition.”
42.3 When either party to the Contract gives notice of a breach of contract to the Employer for a cause other
than those listed under Sub Clause 42.2 above, the Employer shall decide whether the breach is
fundamental or not.
42.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.
42.5 If the Contract is terminated the Contractor shall stop work immediately, make the Site safe and secure
and leave the Site as soon as reasonably possible.
43.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the
Employer shall prepare bill for the value of the work done less advance payments received up to the
date of the bill, less other recoveries due in terms of the contract, less taxes due to be deducted at
source as per applicable law and less the percentage to apply to the work not completed as indicated in
the Contract Data. Additional Liquidated Damages shall not apply. If the total amount due to the
Employer exceeds any payment due to the Contractor the difference shall be a debt payable to the
Employer.
43.2 If the Contract is terminated at the Employer's convenience or because of a fundamental breach of
Contract by the Employer, the Employer shall prepare bill for the value of the work done, the
reasonable cost of removal of Equipment, repatriation of the Contractor's personnel employed solely
on the Works, and the Contractor's costs of protecting and securing the Works and less advance
payments received up to the date of the certificate, less other recoveries due in terms of the contract,
and less taxes due to be deducted at source as per applicable law and make payment accordingly.
44. Property
44.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to be the
property of the Employer, if the Contract is terminated because of a Contractor’s default.
General Conditions :
(a) 1% of the Tendered amount will be deducted towards “Labour Welfare Fund “.
(b) The Tenderer has to produce all the relevant Documents as indicated in the Bid Document in
originals during the opening of Bid “ Mandatorily “ . This is in addition to Uploading all the
relevant Documents in the e-procurement portal. If the Originals are not submitted, the Tender
will be rejected.
(c) All other documents which are required to be submitted are to be uploaded in the e-Procurement
Portal in General Documents section, while electronically submitting the bid. If any of the
Documents as desired are not submitted the Tender will be rejected.
The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for the
engagement of all staff and labour, local or other, and for their payment, housing, feeding and
transport.
The Contractor shall, if required by the Employer, deliver to the Employer a return in detail, in such
form and at such intervals as the Employer may prescribe, showing the staff and the numbers of the
several classes of labour from time to time employed by the Contractor on the Site and such other
information as the Employer may require.
During continuance of the contract, the Contractor and his sub contractors shall abide at all times by all
existing labour enactments and rules made there under, regulations, notifications and bye laws of the
State or Central Government or local authority and any other labour law (including rules), regulations,
bye laws that may be passed or notification that may be issued under any labour law in future either by
the State or the Central Government or the local authority. The Contractor shall keep the Employer
indemnified in case any action is taken against the Employer by the competent authority on account of
contravention of any of the provisions of any Act or rules made there under, regulations or
notifications including amendments. If the Employer is caused to pay or reimburse, such amounts as
may be necessary to cause or observe, or for non-observance of the provisions stipulated in the
notifications/bye laws/Acts/Rules/regulations including amendments, if any, on the part of the
Contractor, Employer shall have the right to deduct any money due to the Contractor including his
amount of security deposit. The Employer shall also have right to recover from the Contractor any
sum required or estimated to be required for making good the loss or damage suffered by the
Employer.
The employees of the Contractor and the Sub-Contractor in no case shall be treated as the employees
of the Employer at any point of time.
3. Protection of Environment:
The contractor shall take all reasonable steps to protect the environment on and off the Site and to
avoid damage or nuisance to persons or to property of the public or others resulting from pollution,
noise or other causes arising as a consequence of his methods of operation. During continuance of the
contract, the contractor and his sub-contractors shall abide at all times by all existing enactments on
environmental protection and rules made there under, regulations, notifications and bye-laws of the
State or Central Government, or local authorities and any other law, bye-law, regulations that may be
passed or notification that may be issued in this respect in future by the State or Central Government or
the local authority.
4. Royalty charges shall be recovered as per the prevailing rates issued by the department of mines &
geology
5 AS per GO No LD300 LET 2006 Bangalore dated 18-01-2007 Cess at the rate of 1 % of cost of
construction will be deducted from the Bill towards building and other construction workers welfare
fund.
6. All the works are to be carried out as per the stardard specifications issued from time to time by BIS &
as per the relevant I.S. Code.
7. In the case of death of a contractor after executing / commencement of the work, his legal heir, if an
eligible registered contractor and willing can executive and complete the work at the accepted tender
rates irrespective of the cost of work.
Name of authorized Representative: The Assistant Executive Engineer, PWP & I.W.T.D. sub
Division, Hangal, Molakalamuru Taluk
The Works Consists of : Construction of CC Road The start date shall be the date of issue of notice to
proceed with the work. [1.1]
The Intended Completion Date for the whole Of the Works is 3 (Three) Months [15,22]
The Site Possession Date is: From the date of issue of notice to proceed with the work. [18]
The Site is located CONSTRUCTION OF C.C.ROAD IN S.C.COLONY AT B.G.KERE VILLAGE IN
MOLAKALMURU TALUK. (W.I. 92556)
[1.1]
The liquidated damages for the whole of the works are Rs. 0.10% of contract price per day [36]
The maximum amount of liquidated damages for the whole of the works is ten percent of final contract
price. [36]
The date by which ‘’as-built’’ drawings (in scale 1:100) in 2 sets are required is within 30 days of issue
of certificate of completion. [41]
The amount to be withheld for failing to supply ‘’ as-built’’ drawings or supply of Operation and
Maintenance Manuals by the date required is Lakhs [41]
The following events shall also be fundamental breach of the contract: [42.2]
1. The contractor has contravened Sub-clause 7.1 and Clause 9 of CC.
The percentage to apply to the value of the work not completed representing the Employer’s
additional cost for completing the works shall be 30 percent. [43.1]
SECTION 6:
SPECIFICATIONS:
All the items of works shall be carried out in accordance with the
standard specifications for Roads and Bridges works published by
the Ministry of Road Transport & Highways (MORT&H),
Government of India, New Delhi. Indian Road Congress and
other specifications for respective items and wherever
specifications for Roads and Bridges works mentioned above is
silent, the standard specifications for Roads and Bridges as per
Tamilnadu Highway Manual, Vol - I, Karnataka Roads and
Bridges Specifications (KRBS) and Karnataka Standard rate
Analysis for Roads and Bridges (KSRRB) has to be followed and
as per the directions of the Engineer-in-charge of the work.
SECTION 7: DRAWINGS
Rate (Rs)
Sl. No. Description of item Quantity Unit In figures In words Amount
(with brief (Rs)
specification and
reference to Book
of specification)
Total Tender
Price (in figures)
(in
words)
Note:
(1) Item for which no rate or price has been entered in will not be paid for by the
Employer when executed and shall be deemed covered by the other rates and
prices in the Bill of Quantities (refer: ITB Clause 7.2 and CC Clause 33.2).
(2) Unit rates and prices shall be quoted by the Tenderer in Indian Rupees.
(3) Where there is a discrepancy between the rate in figures and words, the lower of the
two will govern.
[ITB Clause 19]
(4) Where there is a discrepancy between the unit rate and the line item total resulting from
multiplying the unit rate by quantity, the unit rate quoted shall govern [ITB Clause 19]