Annexure II

K/W-1

GOVERNMENT OF KARNATAKA

HEALTH & FAMILY WELFARE DEPARTMENT

Office of the Executive Engineer, H&FW Engineering Division, NPC Hospital Premises, Nazarbad, Mysore – 570 010.

TENDER FOR THE WORK OF

NAME OF WORK: ªÉÄʸÀÆgÀÄ f¯Éè PÉ.Dgï.£ÀUÀgÀ vÁ®ÆèPÀÄ

¸Á°UÁæªÀÄ ¸ÀªÀÄÄzÁAiÀÄ DgÉÆÃUÀå PÉÃAzÀæ zÀÄgÀ¹Ü PÁªÀÄUÁj .

TENDER REFERENCE : EWHFWD/2024-25/BD/WORK_INDENT568

PERIOD OF SALE OF TENDER : Please refer KPPP portal

DOCUMENT
LAST DATE FOR SALE OF TENDER : Please refer KPPP portal
DOCUMENT
LAST DATE AND TIME FOR RECEIPT : Please refer KPPP portal
OF TENDERS
TIME AND DATE OF OPENING OF : Please refer KPPP portal
TENDERS1

PLACE OF OPENING OF TENDERS : Office of the Executive Engineer, H & FW

Engineering Division, Mysore.

ADDRESS FOR COMMUNICATION : Office of the Executive Engineer, H & FW

Engineering Division, Mysore.

Contractor 1 Executive Engineer

 Contents
Section No. Description Page

1 INVITATION FOR TENDERS (IFT) 3

2 INSTRUCTIONS TO TENDERERS (ITT) 6

3. FORM OF TENDER AND QUALIFICATION INFORMATION 14

4. CONDITIONS OF CONTRACT (CC) 19

5 CONTRACT DATA 29

6 SPECIFICATIONS 31

7 DRAWINGS 32

8. BILL OF QUANTITIES 33

9. FORMAT OF BANK GUARANTEE FOR SECURITY DEPOSIT 34

Contractor 2 Executive Engineer

 SECTION 1: INVITATION FOR TENDERS (IFT)

Government of Karnataka
HEALTH & FAMILY WELFARE DEPARTMENT

NIT No: HFW/EE/DIV/MYS/AE-4/TENDER-08/2024-25

Dated: 20.08.2024.

1.) The Executive Engineer H&FW Engineering Division, Mysore invites tenders from eligible tenderers in Two
cover system for the construction of work detailed in the table through KPPP portal of the Government of
Karnataka 9viz. http// kppp.karnataka.gov.in).The tenderers are advised to note the Minimum qualification criteria
specified in clause-3 of the Instructions to Tenderers to qualify for award of the contract.
2.) Tender documents may be downloaded from the KPPP of Karnataka as per specified time & date in the portal.
3.) Tenders must be accompanied by earnest money deposit specified for the work in the table below. Earnest money
deposit will have to be in any one of the forms as per the instructions in the KPPP portal and shall have to be valid
for 45 days beyond the validity of the tender.
4.) Tenders must be submitted online through KPPP portal as per time and date specified in the portal and the
opening of the tenders will be as per the KPPP portal guideline.
5.) Other details and conditions can be seen in the tender documents.

TABLE
Approxi Period of
Sl. mate Earnest completion
Form Contractor
No Name of work value of money including
No. eligibility
. work (In deposit (Rs) Monsoon
Lakhs) season
1 2 3 4 5 6 7
ªÉÄʸÀÆgÀÄ f¯Éè
PÉ.Dgï.£ÀUÀgÀ
vÁ®ÆèPÀÄ ¸Á°UÁæªÀÄ
Class-IV
01 ¸ÀªÀÄÄzÁAiÀÄ K/W-1 12.68 31,800.00 2 months
and above
DgÉÆÃUÀå PÉÃAzÀæ
zÀÄgÀ¹Ü PÁªÀÄUÁj .
(Indent-568).

Sd/-
Executive Engineer
H&FW Engineering Division, Mysore.

Contractor 3 Executive Engineer

2. Tender documents may be downloaded from Government of Karnataka KPPP website
https://kppp.karnataka.gov.in/eportal/index.seam under login for Contractors:

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
KPPP portal as mentioned

4. Tenders must be electronically submitted (on-line through internet) with in the date and
time published in KPPP portal. First Cover Tenders will be opened at prescribed time and
date in the kppp portal.

Contractor 4 Executive Engineer

 SECTION 2: INSTRUCTIONS TO TENDERERS (ITT)
Table of Clauses

A. General Page
No.

1. Scope of Tender 7
2. Eligible Tenderers 7
3. Qualification of Tenderer 7

B.Tender Documents

4. Content of Tender documents 8

5. Amendment of Tender documents 8

C.Preparation of Tenders

6. Documents comprising the Tender 8

7. Tender prices 8
8. Tender validity 8
9. Earnest money deposit 9
10. Format and signing of Tender 10

D.Submission of Tenders

11 Sealing and marking of Tenders 11

12 Deadline for submission of Tenders 11
13 Late Tenders 11
14 Modification and Withdrawal of Tenders 11

E.Tender opening and evaluation

15. Tender opening 11

16. Process to be confidential 11
17. Clarification of Tenders 12
18. Examination of Tenders and determination of responsiveness 12
19. Correction of errors 12
20. Evaluation and comparison of Tenders 12

F.Award of contract

21. Award criteria 13

22 Employer’s right to accept any Tender and to reject any or all Tenders 13
23. Notification of award and signing of Agreement 13
24. Security deposit 13
25. Corrupt or Fraudulent practices 13

Contractor 5 Executive Engineer

 A. General

1. Scope of Tender

1.1 The Executive Engineer, H & FW Engineering Division, Mysore (Referred to as Employer in these
documents) invites tenders from eligible tenderers, 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 the work 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
2.2 Tenders from Joint ventures are not acceptable.

3. Qualification of the Tenderer:

To qualify for award of this contract, each Tenderer in his name should have in the last five years i.e.
(2019-20 to 2023-24)
a) achieved in at least two financial years a minimum annual financial turnover
(in all classes of Civil engineering construction works only) value of Rs.12.68
Lakhs
b) The Contractor Should have Satisfactorily completed at least one Similar nature of
work value of
Rs.6.34 lakhs as a prime contractor.

3.1 Tenderers, will only be qualified, 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 2019-
20 to 2023-24 (updated to 2024-25 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.
B = Value, at 2024-25 price level, of existing commitments and on-going works to be completed during
the next Two months (period of 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.

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.

3.2 a Work experience: Mandating satisfactory completion as a prime contractor for at least one similar work to
an extent of 50% of the cost of the work, for all works costing up to and Rs.100 lakhs.

Contractor 6 Executive Engineer

 B. Tender documents
4. Content of Tender documents

4.1 The set of tender documents shall have all the Sections given in Page 2:
4.2 And should be duly filled and submitted through KPPP Portal.

4.3 Clarification of Tender Documents

A prospective tenderer requiring any clarification of the tender documents may notify the Employer through
KPPP Portal addressindicated in the invitation to tender. The Employer will respond to any request for
clarification which he receives earlier than 15 days prior to the deadline for submission of tenders. Copies of the
Employer’s response will be forwarded to all purchasers of the tender documents, including a description of the
enquiry but without identifying its source.

5. Amendment of Tender documents

5.1 Before the deadline for submission of tenders, the Employer may modify the tender documents by issuing
addenda.Any addendum thus issued shall be part of the tender documents and shall be communicated through
KPPP Portal.
5.2 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, in accordance with Sub-
Clause 12.2 below.
C. Preparation of Tenders

6. Documents comprising the Tender

6.1 The tender submitted by the Tenderer through KPPP Portal, shall comprise the following:
(a)The Tender (in the format indicated in Section 3).
(b)Earnest Money Deposit;
(c)Priced Bill of Quantities;
(d)Qualification Information Form and Documents;
and any other materials required to be completed and submitted by tenderers in accordance with these
instructions. The documents listed under Sections 3, 5 and 8 shall be filled in without
exception and submitted through KPPP Portal.

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)
through KPPP Portal.
.
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 .
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 through KPPP Portal..
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 90 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 through KPPP Portal.
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

Contractor 7 Executive Engineer

 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.

9. Earnest money deposit

9.1. Tender Transaction fee and Earnest Money Deposit.
The supplier/contractor can pay the Earnest Money Deposit (EMD) in the KPPP portal
Using any of the following payment modes:
 Credit Card
 Direct Debit
 National Electronic Fund Transfer (NEFT)
 Over the Counter (OTC)

OTC payment procedure

If a contractor/supplier chooses to make payment of EMD/tender processing fees Over The

Counter (OTC) in any of the designated ICICI Bank branches listed in the KPPP web-site
(www.kppp.karnataka.gov.in), the contractor/supplier will need to log into KPPP system,
access the tender for which bid is being created and then select the OTC option under the
payment section and print the Challan shown in that section. The printed challan will have
the unique bid reference number and the amount to be remitted. Along with the challan,
contractor can choose to make the payment either in the form of cash or in the form of
Demand Draft. Cheque payments will not be accepted. The contractor is requested to
specifically inform the bank officer to input the unique bid reference number printed in the
challan in the banking software. Upon successful receipt of the payment, the bank will
provide a 16-digit reference number acknowledging the receipt of payment. This 16-digit
reference number has to be inputted by contractor in the payment section of its bid as
payment confirmation before the bid is submitted (i.e.) as a pre-requisite for bid submission.

NEFT payment procedure

If a contractor/supplier chooses to make payment of EMD/tender processing fees using

Reserve Bank of India's (RBI) National Electronic Fund Transfer (NEFT) system, the
contractor/supplier will need to log into KPPP system, access the tender for which bid is being
created and then select the NEFT option under the payment section and print the Challan
shown in that section. The printed challan will have the unique bid reference number, account
details of Government of Karnataka and the amount to be remitted. The contractor has to
submit the printed challan to its bank-branch (NEFT-enabled) and request for an account-to-
account transfer, wherein the money will get transferred from the contractors' bank account
to GoK's bank account. The contractor should ensure that NEFT transfer instructions are
executed and the funds are wired to the Government of Karnataka's principal account before
the last date for bid submission and preferably 24 hours before the last date for bid
submission. If the contractor's bank transfers/wires the money after the last date for bid
submission, the contractor's bid will be liable for rejection. Upon executing the transfer, the
contractor's bank will provide a reference number generated by NEFT software as
confirmation of transfer, which has to be inputted by contractor in the payment section of its
bid as payment confirmation before the bid is submitted (i.e.) as a pre-requisite for bid
submission. Also, the account number from which the funds were transferred have to be
inputted in the KPPP system as part of its bid.

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 ICICI Bank.
Contractor 8 Executive Engineer
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 ICICI
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 KPPP portal for more details on the process.

Note: In KPPP Portal Contractor has the option of withdrawing the Bid by digitally signing to
withdraw/can cell bid before the bid submission time /Date.

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 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.
9.6 The earnest money deposit may be forfeited:

(a) if the Tenderer withdraws the Tender after tender opening during the period of tender
validity;
(b) if the Tenderer does not accept the correction of the Tender Price, pursuant to Clause
19; or
(c) in the case of a successful Tenderer, if the Tenderer fails within the specified time limit
to
(i) sign the Agreement; or
(ii) furnish the required Security deposit

10. Format and signing of Tender

Tenderer shall submit the Bid electronically before the submission date and time published in e
procurement portal
D. Submission of Tenders

11. Sealing and marking of tenders

Tenderer shall submit the Bid electronically before the submission date and time published
12. Deadline for submission of the Tenders
12.1 Tenders must be submitted online in the e Procurement portal to the Employer on or before at
the time and date specified in the KPPP portal.
12.2 The Employer may extend the deadline for submission of tenders by issuing an amendment in
accordance with Clause 9, 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. Late Tenders

13.1 In online e procurement 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 e procurement portal will not be available.

Contractor 9 Executive Engineer

14. Modification and Withdrawal of Tenders

14.1 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 e procurement portal
E. Tender opening and evaluation
15. Tender opening

15.1 The Employer will open all the Tenders received on e-portal platform , in the presence of the Tenderers or their
representatives who choose to attend at the office of the Office of the Executive Engineer, H&FW
Engineering Division, Mysore at the time and date specified in the KPPP 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 In KPPP Portal, Contractor has the option of withdrawing the Bid by digitally signing to
withdraw / cancel the bid, before the bid submission time /Date
15.3 The Tenderers' names, the Tender prices, the total amount of each Tender, any discounts, Tender modifications and
withdrawals, the presence or absence of Tender security, and such other details as the Employer may consider
appropriate, will be announced by the Employer at the opening . through KPPP Portal No Tender shall be
rejected at Tender opening except for the late Tenders pursuant to Clause 13.
15.2.1 The Employer shall prepare minutes of the Tender opening, including the information disclosed to those
present in accordance with Sub-Clause 15.3.

16. Process to be confidential

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 through KPPP Portal, but no change in the price or substance of the Tender shall be sought,
offered, or permitted except as required to confirm the correction of arithmetic errors discovered by the Employer
in the evaluation of the Tenders in accordance with Clause 19.
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 through KPPP Portal.
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. . If they have any query or
need clarification related to KPPP contact helpdesk or Send query through KPPP- through
query option on or before specified time.

18. Examination of Tenders and determination of responsiveness

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 properly 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 rights or the Tenderer's obligations under the Contract; or (c)
whose rectification would Employer's 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
Contractor 10 Executive Engineer
 responsive by correction or withdrawal of the nonconforming deviation or reservation.

19. Correction of errors

19.1 Tenders determined to be substantially responsive will be checked by the Employer for any arithmetic errors. Errors
will be corrected by the Employer as follows: -:- Not applicable-
(a) where there is a discrepancy between the rates in figures and in words, the lower of the two will govern; and :-
Not applicable-
(b) where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate
by the quantity, the unit rate as quoted will govern. :- Not applicable-
19.2 The amount stated in the Tender will be adjusted by the Employer in accordance with the above procedure for the
correction of errors and, with the concurrence of the Tenderer, shall be considered as binding upon the Tenderer. If
the Tenderer does not accept the corrected amount the Tender will be rejected, and the earnest money deposit may
be forfeited in accordance with Sub-Clause 9.6 (b). Not
applicable-

20. Evaluation and comparison of Tenders

20.1 The Employer will evaluate and compare only the Tenders determined to be substantially responsive in accordance
with Clause 18.
20.2 In evaluating the Tenders, the Employer will determine for each Tender the evaluated Tender Price by adjusting the
Tender Price as follows:
(a) Making any correction for errors pursuant to Clause 19; and -Not applicable-
(b) Making appropriate adjustments to reflect discounts or other price modifications offered in accordance with Sub
Clause 14.5. -Not applicable-

20.3 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 23, 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. Notification of award and signing of Agreement

23.1 The Tenderer whose Tender has been accepted will be notified of the award by the Employer prior to expiration of
the Tender validity period through KPPP Portal or registered letter. This letter (hereinafter and in the
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").
23.2 The notification of award will constitute the formation of the Contract, subject only to the furnishing of a
performance security 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.

Contractor 11 Executive Engineer

23.4 Upon the furnishing by the successful Tenderer of the Security deposit, the Employer will promptly notify the other
Tenderers that their Tenders have been unsuccessful.

24. Security deposit

24.1 Within 20 days of receipt of the Letter of Acceptance, the successful Tenderer shall deliver to the
Employer a Security deposit in any of the forms given below
- Specified Small Savings Instruments pledged to Executive Engineer, H&FW
Engineering Division, Mysore. The successful Tenderer shall deliver to the Employer a Security deposit
in any of the forms given below for an amount equivalent to 5% of the Contract price plus additional security for
unbalanced tenders If the security deposit is provided by the Successful Tenderer in the form of a Bank Guarantee, it
shall be issued either by a Nationalized/ Scheduled bank.
24.2 The security deposit if furnished in 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. Corrupt or Fraudulent practices

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 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.

Contractor 12 Executive Engineer

 SECTION 3: FORMS OF TENDER, AND QUALIFICATION INFORMATION

TABLE OF FORMS:

- FORM OF TENDER

- QUALIFICATION INFORMATION

- LETTER OF ACCEPTANCE

- NOTICE TO PROCEED WITH THE WORK

- AGREEMENT FORM

Contractor 13 Executive Engineer

 Form of Tender – Not Applicable

Description of the Works: ___________________________________________________

___________________________________________
____________ 13 Tender

To :

Address :
___________________________________________________________________________ 14

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 figures]
(________________________________________________) [in letters].15

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.

We attach herewith our current income-tax

clearance certificate. Yours faithfully,

Authorized Signature:

Name & Title of Signatory: _________________________________________________________________

Name of Tenderer

Address:

Contractor 14 Executive Engineer

 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.

1.1 Constitution or legal status of Tenderer

[Attach copy]
Place of Registration

Principal place of business: (Attach Copy)

1.2 Total value of Civil engineering construction

works executed and payments received in the last five 2019-
years 20_____________
(in Rs. Lacs)1 2020-
21_____________
2021-
22_____________
2022-
23_____________
2023-
24_____________

Contractor 15 Executive Engineer

1.3 Work performed as Prime Contractor (in the same name) on works of similar nature over during the

five years specified in 1.2 above.

Project Name of Descrip- Contract Value of Date of Specified Actual date of Remarks explaining reasons
Name Employer -tion of Number contract issue of period of completion for delay in completion of work
Work Rs. Lakhs work completion
order
1 2 3 4 5 6 7 8 9

1.4 Information on works for which Tenders have been submitted and works which are yet to be
completed as on the date of this Tender.

(A) Existing commitments and on-going works:

Description Place Contract No. Name Value of Stipulated Value of works2 Anticipated
of & & Date and Contract period of remaining to be date of
Work State Address (Rs. lakhs) completion completed completion
of Employer (Rs. lakhs)
(1) (2) (3) (4) (5) (6) (7) (8)

Note:
1
Attach Certificate from Chartered Accountant
2
Attach Certificates from Engineers -in- Charge

(B) Works for which Tenders already submitted:

Description Place Name and Estimated Stipulated Date when Remarks

of & Address of value of works period of decision is if any
Work State Employer (Rs. lakhs) completion expected
(1) (2) (3) (4) (5) (6) (7)

1.5 Construction equipment owned by the tenderer and equipment proposed to be deployed on this
contract, if awarded;
1.6 Reports on the financial standing of the tenderer, such as profit and loss statements and auditor’s
reports for the last five years;
1.7 Qualification and experience of the key technical and management personnel in permanent
employment with the tenderer and those that are proposed to be deployed on this contract, if awarded.
1.8. Name, address, and telephone, telex, and fax numbers of the Tenderers' bankers who may provide
references if contacted by the Employer.
1.9 Proposals for subcontracting components of works amounting to more than 20% of the contract price [
for each, the qualifications and experience of the identified sub-contractor in the relevant fields should
be attached.]- Not Applicable -
Contractor 16 Executive Engineer
 Letter of Acceptance
(letter head 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

[name of the contract and identification number, as given in the Instructions to Tenderers] 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 Para 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 ... in ... and sign the contract, failing which action as stated
Para 24.3 of ITT will be taken.

Yours faithfully,

Authorized Signature

Name and Title of Signatory

Name of Agency

Issue of Notice to proceed with the work

(letterhead of the Employer)
————— (date)
To

—————————————— (name and address of the Contractor)

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 of —————— 3a Tender Price of Rs.——————, you are hereby
instructed to proceed with the execution of the said works in accordance with the contract documents.

Yours faithfully,

(Signature, name and title of signatory authorized to sign on behalf of Employer)

Note:
3
Give the name of the Contract

Contractor 17 Executive Engineer

 Agreement Form

Agreement

This agreement, made on

----------------------------------------------------------------------------------------------------------------------------
---------------------------------(“herein after called the contractor”) of the other part.

Whereas the Employer is desirous that the Contractor execute the work of
------------------------------------------------------------------------ (Herein after called “the work”) and
the Employer has accepted the tender by the contractor for the execution and completion
of such works and the remedying of any defects herein at a contract price of
-----------------------------------------------------
NOW THIS AGREEMENT WITNESSETH as follows:

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.

The Common Seal of

was hereunto affixed in the presence of:
Signed, Sealed and Delivered by the said ___________________________________________________

in the presence of:

Binding Signature of Employer
Binding Signature of Contractor

Contractor 18 Executive Engineer

 SECTION 4: CONDITIONS OF CONTRACT

Table of Contents

A. General Page No.

1. Definitions 21
2. Interpretation 21
3. Law governing contract 22
4. Employers decisions 22
5. Delegation 22
6. Communications 22
7. Subcontracting 22
8. Other Contractors 22
9. Personnel 22
10. Employer’s and Contractor’s risks 22
11. Employer’s risks 22
12. Contractor’s risks 23
13. Query about Contract Data 23
14. Contractor to construct the Works 23
15. The Works to be completed by Intended Completion Date 23
16. Safety 23
17. Discoveries 23
18. Possession of the Site 23
19. Access to the Site 23
20. Instructions 23
B. Time Control
21. Program 23
22. Extension of the Intended Completion Date 24
23. Delays ordered by the Employer 24
24. Management meetings 24
C. Quality Control
25. Identifying defects 24
26. Tests 24
27. Correction of defects 24
28. Uncorrected defects 24
D. Cost Control
29. Bill of Quantities (BOQ) 25
30. Variations 25
31. Payment for Variations 25
32. Submission of bills for payment 26
33. Payments 26
34. Compensation events 26
35. Tax 26
36. Liquidated damages 27
37. Cost of repairs 27
E Finishing of Contract
38. Completion 27
39. Taking Over 27
40. Final account 27
41. As built drawings 27
42. Termination 27
43. Payment upon termination 28
44. Property 28
45. Release from performance 28

F Special Conditions of Contract 29

Contractor 19 Executive Engineer

 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 Clause38.1.
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 2.3 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. - deleted
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
Contractor 20 Executive Engineer
 (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. Law governing 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

7.1 The Contractor may subcontract with the approval of the Employer but may not assign the Contract without the
approval of the Employer in writing. Subcontracting does not alter the Contractor's obligations –Deleted-

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. Employer’s and Contractor's risks

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.

11. Employer's risks

11.1 The Employer is responsible for the excepted risks which are (a) in so far as rebellion, riot commotion or
disorder or (b) a cause due solely to the design of the Works, other than the Contractor’s design.

12. Contractor’s risks

12.1 All risks of loss of or damage to physical property and of personal injury and death which arise during and in
consequence of the performance of the Contract other than the excepted risks are the responsibility of the
Contractor.

Contractor 21 Executive Engineer

13. Queries about the Contract Data

13.1 The Employer will clarify queries on the Contract Data.

14. Contractor to construct the Works

14.1 The Contractor shall construct the Works in accordance with the Specification and Drawings.

15. The Works to be completed by the Intended Completion Date

15.1 The Contractor may commence execution of the Works on the Start Date and complete them by the Intended
Completion Date.

16. Safety

16.1 The Contractor shall be responsible for the safety of all activities on the Site.

17. Discoveries

17.1 Anything of historical or other interest or of significant value unexpectedly discovered on the Site is the property
of the Employer. The Contractor is to notify the Employer of such discoveries and carry out the Employer's
instructions for dealing with them.

18. Possession of the Site

18.1 The Employer shall give possession of all parts of the Site to the Contractor. If possession of a part is not given
by the date stated in the Contract Data the Employer is deemed to have delayed the start of the relevant activities
and this will be Compensation Event.

19. Access to the Site

19.1 The Contractor shall allow the Employer and any person authorized by the Employer access to the Site, to any
place where work in connection with the Contract is being carried out or is intended to be carried out and to any
place where materials or plant are being manufactured / fabricated / assembled for the works.

20. Instructions

20.1 The Contractor shall carry out all instructions of the Employer which comply with the applicable laws where the
Site is located.

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. Extension of the Intended Completion Date

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.

Contractor 22 Executive Engineer

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. Correction of defects

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. Uncorrected defects

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 Quantities (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 quantity 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.
Contractor 23 Executive Engineer
30.4 The Contractor shall promptly request in writing the Employer to confirm verbal orders and if no such
confirmation is received within 15 days of request, it shall be deemed to be an order in writing by the Employer.

31. Payments for Variations

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 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. Submission of bills for payment

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 retention, other recoveries in terms of the contract and taxes, at
source, as applicable under the law. The Employer shall pay the Contractor the within 60 days of submission of
bill.
33.2 Items of the Works for which no rate 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. Compensation events

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.
Contractor 24 Executive Engineer
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 Exclusive of the sales 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.

36. Liquidated damages

36.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the Contract Data for
each day that the Completion Date is later than the Intended Completion Date. The total amount of liquidated
damages shall not exceed the amount defined in the Contract Data. The Employer may deduct liquidated damages
from payments due to the Contractor. Payment of liquidated damages does not affect the Contractor's liabilities.
36.2 If the Intended Completion Date is extended after liquidated damages have been paid, the Employer shall correct
any overpayment of liquidated damages by the Contractor by adjusting the next payment of bill.

37. Cost of repairs

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.

E. Finishing the Contract

38. Completion

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. Taking over

39.1 The Employer shall take over the Site and the Works within seven days of issuing a certificate of
Completion.

40. Final account

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. As built drawings

41.1 If “as built” Drawings4 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.
Contractor 25 Executive Engineer
42 . Termination

42.1 The Employer or the Contractor 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) The Employer instructs the Contractor to delay the progress of the Works and the instruction is not
withdrawn within 60 days;
(c) The Contractor becomes bankrupt or goes into liquidation other than for a reconstruction or amalgamation;
(d) a payment due to the Contractor is not paid by the Employer within 90 days of the date of the submission of
the Bill by Contractor;
(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. Payment upon Termination

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.

45. Release from performance

45.1 If the Contract is frustrated by any event entirely outside the control of either the Employer or the Contractor the
Employer shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop work
as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it
and for any work carried out afterwards to which commitment was made.

Contractor 26 Executive Engineer

 F. Special Conditions of Contract

1. Labour :

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.

2. Compliance with labour regulations :

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 Execution of Similar work:

a The contractor should have executed & completed the similar nature of work.
b The Tenderer at his own responsibility and risk shall visit the sites of work and its
surroundings and obtain all information from the Assistant Executive Engineer, H&FW Engg,
Sub division, Mysuru that may be necessary for preparing the Tender and entering into a
contract for construction of the Works. The cost of visiting the Site shall be at the Tenderers
own expense.
c The contractor shall strictly 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.
d The letter of willingness of the sub contractor to be engaged for electrical, water supply works should be
obtained and uploaded in the kppp portal.

Contractor 27 Executive Engineer

 Special Instructions ;

a) The Rates quoted by the tenderer shall be Exclusive of GST as per the present applicable law.
b) Tenderer should have latest GST registration and latest GST/VAT clearance certificate in their name.
c) The tenderers are bound to furnish the original certified documents to the employer within 2days from
the day of opening of technical bid for verification, failing which the bid of tenderers will be considered as
technically non responsive.
d) The bidder shall have executed & completed One similar work of value not less than Rs.6.34 Lakh.
e) The contractor shall strictly 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.
f) All the buildings are running Hospitals hence, Agency shall take all necessary precautions without
causing any hindrance to the running hospital.

Contractor 28 Executive Engineer

 SECTION 5: CONTRACT DATA

Items marked "N/A" do not apply in this Contract.

The following documents are also part of the Contract: Clause Reference

1. The Employer is :
Name: Executive Engineer, H &FW Engineering division, Mysore.
Address: Office of the Executive Engineer, H&FW Engineering Division,
NPC Hospital Premises, Nazarbad, Mysore – 570 010.
 Name of authorized Representative : Executive Engineer H &FW Engineering Division Mysore .

The name and identification number NIT No:

[1.1]

The Works consist ªÉÄʸÀÆgÀÄ f¯Éè PÉ.Dgï.£ÀUÀgÀ vÁ®ÆèPÀÄ

¸Á°UÁæªÀÄ ¸ÀªÀÄÄzÁAiÀÄ DgÉÆÃUÀå PÉÃAzÀæ zÀÄgÀ¹Ü
PÁªÀÄUÁj.
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 2 calendar months (including monsoon) from the date of handing over of building 5[15, 22]

Milestone Dates:
Physical works to be completed Period from the date of handing over of building

Milestone-1: 2 Months

Finishing of all works and also to complete any other allied works and handing over of building and should Achieve
cumulative Financial Progress of Rs.12.68 lakhs

The following documents also form part of the Contract: [2.2]

any e- letters of correspondence

The Site Possession Date is: one week after the date of issue of work order

The Site is located in K.R.Nagara Taluk, Mysuru District [1.1]

and is defined in drawings nos.

The Defects Liability Period is 365 days7

The liquidated damages for the whole of the works are Rs.0.1% of the contract value(amount) per day.
(will be calculated as and when required) [27]

The maximum amount of liquidated damages for the whole of the works [37]
is ten percent of final contract price.

The date by which “as-built” drawings (in scale 1:100) 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”8drawings by the date required 0.0%[41]

The following events shall also be fundamental breach of the contract : [42.2]
Contractor 29 Executive Engineer
 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

[43.1] additional cost for completing the Works shall be 30 percent.

.
7
The amount should be sufficient to get the completion drawings prepared by alternative agency in case the
contractor fails to submit.
8 Change if need be. It should be sufficient to get the balance of works completed by alternative agency.

Contractor 30 Executive Engineer

 SECTION 6: SPECIFICATIONS

Enclosed in KPPP Portal

Contractor 31 Executive Engineer

 SECTION 7: DRAWINGS

Enclosed in KPPP Portal

Contractor 32 Executive Engineer

 SECTION 8: BILL OF QUANTITIES

Sl. No. Description of item Quantity Uni t In figures In words Amount (Rs)
(with brief specification
and reference to Book
of specification)

Enclosed in KPPP Portal

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 unit rate and the line item total resulting from multiplying the
unit rate by quantity, the unit rate quoted shall govern [ITB Clause 19.1 (b)]

SECTION 9: FORMAT OF BANK GUARANTEE FOR SECURITY DEPOSIT

Contractor 33 Executive Engineer
 To: ______________________________________________ [name of
Employer]
_________________________________________ [address of
Employer]

WHEREAS _________________________ [name and address of Contractor]

(hereinafter called "the
Contractor") has undertaken, in pursuance of Contract No. _____ dated ________________ to execute
__________________________ [name of Contract and brief description of Works]
(hereinafter called "the
Contract");

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall
furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, up to a total of Rs.____________________ [amount of guarantee] 9
_Rupees____ __________________________[in words], and we undertake to pay
you, upon your first written demand and without cavil or argument, any sum or sums within the
limits of ____________________ [amount of guarantee]10as aforesaid without your needing
to prove or to show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the Contract
or of the Works to be performed there under or of any of the Contract documents which may be made
between you and the Contractor shall in any way release us from any liability under this guarantee, and
we hereby waive notice of any such change, addition or modification.

This guarantee shall be valid until 30 days from the date of expiry of the Defects Liability Period.

Signature and seal of the guarantor _____________________________

Name of Bank
____________________________________________
Address
____________________________________________
Date
____________________________________________

9 An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in
the Contract
10An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in

the Contract

Contractor 34 Executive Engineer