Annexure I

K/W-1

GOVERNMENT OF KARNATAKA

Panchayath Raj Engineering Division,

GADAG
(Name of Organization)

Executive Engineer,

Panchayath Raj Engineering Division,

GADAG
(Address)

Fax:08372-239269 Telephones: 08372-238035

TENDERS FOR THE WORK OF*

Construction of C.C Road from Timmapur road to sakrannavar house in

sc colony of Kotamuchagi village of Ron constituency Gadag taluka
Gadag Dist. under 2024-25 5054 SCP TSP Scheme

TENDER REFERENCE : RDPR/2024-25/RD/WORK_INDENT10978

PERIOD OF SALE OF TENDER DOCUMENT : As per kppp.government.gov.in

portal

LAST DATE FOR SALE OF TENDER DOCUMENT : As per kppp.government.gov.in portal

LAST DATE AND TIME FOR RECEIPT OF TENDERS : As per kppp.government.gov.in portal

TIME AND DATE OF OPENING OF TENDERS1 : As per kppp.government.gov.in portal

PLACE OF OPENING OF TENDERS : Executive Engineer, Panchayath Raj Engineering

Division, GADAG
ADDRESS FOR COMMUNICATION : Executive Engineer, Panchayath Raj Engineering

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

 Division, GADAG

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

 1
Contents
Section No. Description Page

1 INVITATION FOR TENDERS (IFT) 3

2 INSTRUCTIONS TO TENDERERS (ITT) 4

3. FORM OF TENDER AND QUALIFICATION INFORMATION 12

4. CONDITIONS OF CONTRACT (CC) 17

5 CONTRACT DATA 27

6 SPECIFICATIONS 29

7 DRAWINGS 30

8. BILL OF QUANTITIES 31

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

 SECTION 1: INVITATION FOR TENDERS (IFT)
Date: IFT No.:
1. The Executive Engineer, P.R.E.Division Gadag. invites tenders from eligible tenderers,
registered in RDPR2, for the construction of works detailed in the Table below. The
tenderers may submit tenders for any or all of the works given in the Table.
2. Tender documents may be purchased through E-Proc from ...........to.........., for a non-
refundable fee (for two sets) as indicated in the Table below, in the form of NEFT on any
Nationalized/ Scheduled bank payable at as per E-proc in favour of EE,PRED Gadag
Interested tenders may obtain further information at the same address. Tender
documents requested by mail will be dispatched by registered/speed post on payment of
an extra amount of Rs........... The .......................... will not be held responsible for the
postal delay if any, in the delivery of the documents or non-receipt of the same.
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 specified in
the Tender document and shall have to be valid for 45 days beyond the validity of the
tender.
4. Tenders must be delivered to Office of the EE.PRED.Gadag on or before notified hours
on notified (date) and will be opened on the same day at notified.hours, in the presence of
the tenderers who wish to attend. If the office happens to be closed on the date of receipt
of the tenders as specified, the tenders will be received and opened on the next working
day at the same time and venue.
5. Other details can be seen in the tender documents.

TABLE
Sl No. Name of work Approximate Earnest Cost of Period of
value of work Money document completio
(Rs.) Deposit (Rs.) n
(Rs.)

1 2 3 4 5 6
1 Construction of C.C Road 840565.75 21,100/- As per 90days
from Timmapur road to Govt.
sakrannavar house in sc Norms
colony of Kotamuchagi
village of Ron
constituency Gadag
taluka Gadag Dist. under
2024-25 5054 SCP TSP
Scheme

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

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

A. General Page No.

1. Scope of Tender 5
2. Eligible Tenderers 5
3. Tender capacity 5
B. Tender Documents
4. Content of Tender documents 5
5. Amendment of Tender documents 6
C. Preparation of Tenders
6. Documents comprising the Tender 6
7. Tender prices 6
8. Tender validity 6

10. Format and signing of Tender 7

D. Submission of Tenders

11 Sealing and marking of Tenders 8

12 Deadline for submission of Tenders 8
13 Late Tenders 8
14 Modification and Withdrawal of Tenders 8

E. Tender opening and evaluation

15. Tender opening 8

16. Process to be confidential 8
17. Clarification of Tenders 9
18. Examination of Tenders and determination of responsiveness 9
19. Correction of errors 9
20. Evaluation and comparison of Tenders 9
F. Award of contract
21. Award criteria 10
22 Employer’s right to accept any Tender and to reject any or all Tenders 10
23. Notification of award and signing of Agreement 10
24. Security deposit 10
25. Corrupt or Fraudulent practices 10

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

 A. General
1. Scope of Tender
1.1 The .Executive Engineer,P.R.E.Division Gadag 3 (Referred to as Employer in these
documents) invites tenders from Contractors registered in RDPR 4, 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
2.2 Tenders from Joint ventures are not acceptable.
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*2.50 - B )
where
A = Maximum value of civil engineering works executed in any one year during
the last five years (updated to 2018-19 to ,2022-23 5 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, 2018-19 to ,2022-23 6price level, of existing commitments and on-going
works to be completed during the next one7years.
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.
a) Mandating satisfactory completion as prime contractor for at least one similar work to
an extent of 50% of the cost of the work for all works
b)To qualify for award of this contract each tenderer in his name should have in the last
five years period achieved in at least two financial years in an average annual
financial turn over Rs.
Quantity: Executed minimum 80 % quantity of work in any One year
Sl No Item particulars Qty to be required
approximately
NILL

MACHINARIES: Not required

3.3 Liquid assets and or availability of credit of lines not less 30% of Amount Put to
Tender

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

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 Both the sets should be completed and returned with the tender.

3
Tender Inviting Authority
4
Name of the Organization/Department
5
FY in which the tenders are invited
6
FY in which the tenders are invited
7
Period for completion of work for which the tenders are invited.

5. Amendment of Tender documents

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
communicated in writing or by cable to all the purchasers of the tender
documents.
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, 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 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.
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). 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 by crossing out, initialing, dating and rewriting.

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

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.
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.
9. Earnest money deposit
9.1 The Tenderer shall furnish, as part of his tender, earnest money deposit in the amount
as shown in column 4 of the Table of IFT for this particular work. This earnest
money deposit shall be in cash or may be in the form of Banker’s cheque/ Demand
draft/Pay Order, in favour of EE.PRED Gadag payable at 2.50% or specified Small

Savings Instruments8 pledged to Department

8
Refer Clause 12 (1) Chapter IV of KTPP Rules 2000.

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.
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;

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

(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
10.1 The Tenderer shall prepare one original and a copy of the documents comprising the
Tender as described in Clause 6 of these Instructions to Tenderers, bound with the
volume containing the Form of Tender, and clearly marked "ORIGINAL" and
"COPY" as appropriate. In the event of discrepancy between them, the original
shall prevail.
10.2 The original and a copy of the Tender shall be typed or written in indelible ink and
shall be signed by a person or persons duly authorized to sign on behalf of the
Tenderer. All pages of the tender where entries or amendments have been made
shall be initialed by the person signing the tender
10.3 The Tender shall contain no alterations or additions, except those to comply with
instructions issued by the Employer, or as necessary to correct errors made by the
Tenderer, in which case such corrections shall be initialed by the person signing
the Tender.

D. Submission of Tenders
11. Sealing and marking of tenders
11.1 The Tenderer shall seal the original and a copy of the Tender in separate envelopes,
duly marking the envelopes as "ORIGINAL" and "COPY". These envelopes (called
as inner envelopes) shall then be put inside one outer envelope.
11.2 The inner and outer envelopes shall
(a) be addressed to the Employer at the following address:
Executive Engineer,P.R.E.Division.
Administrative Building Gadag
(insert address of office for Tender submission), and
(b) bear the following identification:
- Tender for ....................................................[name of contract]
- Tender Reference No....................................[insert number]
DO NOT OPEN BEFORE................[time and date for tender opening, per Clause 15]
11.3 In addition to the identification required in Sub-Clause 11.2, the inner envelopes shall
indicate the name and address of the Tenderer to enable the tender to be returned
unopened in case it is declared late, pursuant to Clause 13.
11.4 If the outer envelope is not sealed and marked as above, the Employer will assume
no responsibility for the misplacement or premature opening of the Tender.

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

12. Deadline for submission of the Tenders
12.1 Tenders must be received by the Employer at the address specified above no later
than Specified Date and time 9 In the event of the specified date for the submission
of tenders being declared a holiday for the Employer, the tenders will be received
up to the appointed time on the next working day.
12.2 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. Late Tenders

13.1 Any Tender received by the Employer after the deadline prescribed in Clause 12 will
be returned unopened to the Tenderer.
14. Modification and Withdrawal of Tenders
14.1 Tenderers may modify or withdraw their Tenders by giving notice in writing before
the deadline prescribed in Clause 12.
14.2 Each Tenderer's modification or withdrawal notice shall be prepared, sealed, marked,
and delivered in accordance with Clause 10 & 11, with the outer and inner
envelopes additionally marked "MODIFICATION" or "WITHDRAWAL", as
appropriate.
14.3 No Tender may be modified after the deadline for submission of Tenders.
14.4 Withdrawal or modification of a Tender between the deadline for submission of
Tenders and the expiration of the original period of Tender validity specified in
Clause 8.1 above or as extended pursuant to Clause 8.2 may result in the
forfeiture of the earnest money deposit pursuant to Clause 9.
1 4.5 Tenderers may only offer discounts to, or otherwise modify the prices of their
Tenders by submitting Tender modifications in accordance with this clause, or
included in the original Tender submission.
E. Tender opening and evaluation
15. Tender opening
15.1 The Employer will open all the Tenders received (except those received late),
including modifications made pursuant to Clause 14, in the presence of the
Tenderers or their representatives who choose to attend at ........... hours on the
date and the place specified in Clause 12. 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 Envelopes marked "WITHDRAWAL" shall be opened and read out first. Tenders for
which an acceptable notice of withdrawal has been submitted pursuant to Clause
14 shall not be opened. Subsequently all envelopes marked “MODIFICATION” shall
be opened and the submissions therein read out in appropriate detail.

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

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. No Tender shall be rejected at
Tender opening except for the late Tenders pursuant to Clause 13. Tenders [and
modifications] sent pursuant to Clause 14 that are not opened and read out at
Tender opening will not be considered for further evaluation regardless of
circumstances. Late and withdrawn Tenders will be returned un-opened to
Tenderers.
15.4 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
9
Insert time and date; this should be the same as those given in the Invitation for Tenders
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 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 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. 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.

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

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
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:
(a) where there is a discrepancy between the rates in figures and in words, the lower of
the two will govern; and
(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.
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).
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
(b) making appropriate adjustments to reflect discounts or other price modifications
offered in accordance with Sub Clause 14.5.
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

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

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. 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 by cable, telex or
facsimile confirmed by 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.
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 for an
amount equivalent to 5% of the Contract price :plus additional security for
unbalanced tenders

- Cash or
- Banker’s cheque/Demand draft,/Pay Order in favour of EE,PRED,Gadag payable at
.................. or

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

 - Specified Small Savings Instruments pledged to EE,PRED,Gadag

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. Corrupt or Fraudulent practices
25.1 The GOK requires that the Tenderers, 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
ward has egaged in corrupt or fraudulent practices in competing for the contract in
question;
b) w ill 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.
Additional Clause : In case of the death of a contractor after executing the
agreement /commencement of the work,his legal heir, if an eligible registered
contractor and willing can execute and complete the work at the accepted tender
rates irrespective of the cost of the work.

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

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

Form of Tender
Construction of C.C Road from Timmapur road to sakrannavar house in
sc colony of Kotamuchagi village of Ron constituency Gadag taluka
Gadag Dist. under 2024-25 5054 SCP TSP Scheme

Tender
To : ________________________________________________
Address : _______________________________________________________________
___________________________________________________________________________ 11

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].12
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: ----------------------------------------------------------------------
----------------------------------------------------------------------
-----------------------------------------------------------------------
10
To be filled in by the Employer before issue of the Tender document
11
To be filled in by the Employer before issue of the Tender document
12
To be filled in by the Tenderer, together with his particulars and date of submission at
the bottom of the Form of Tender

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

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]
Agency in which Registered (with Registration No.) _______________________________
(Attach Copy)
Principal place of business: _______________________________
1.2 Total value of civil engineering construction 2007-08 to 2012-13 13works executed and
payments received in the last five years 2007-08 to 2012-13
(in Rs. Lakhs)14 2010 -11______________
2011-12______________
2012-13______________
1.3 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 works 15 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)
__________________________________________________________________________________________
__________________________________________________________________________________________
(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)
1.4. Name, address, and telephone, telex, and fax numbers of the Tenderers' bankers who
may provide references if contacted by the Employer.
13
Change the years appropriately
14
Attach Certificate from Chartered Accountant
15
Attach Certificates from Engineers –in- Charge

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

 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
______________________________________________________________________________________
[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
............ and sign the contract, failing which action as stated in 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 —————— 16
a 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)
16
Give the name of the Contract

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

Agreement Form
Agreement
This agreement, made the ___________________day of ______________20_______,
between__________________________________________________________________________________
_________________________________________[name and address of Employer]
(hereinafter called “the Employer”) of the one part and
_____________________________________________
___________________________________________________________________________________________
_____________________________________________________[name and address of contractor]
(hereinafter called “the Contractor”) of the other part.
Whereas the Employer is desirous that the Contractor execute
_____________________________
___________________________________________________________________________________________
_____________________________________________________________________________________[ nam
e and identification number of Contract] (hereinafter called “the Works”) and the
Employer has accepted the Tender by the Contractor for the execution and completion of
such Works and the remedying of any defects therein at a contract price of
Rupees...............................
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;

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

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 _____________________________________________________

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

SECTION 4: CONDITIONS OF CONTRACT
Table of Contents
A. General Page No.
1. Definitions 18
2. Interpretation 18
3. Law governing contract 19
4. Employers decisions 19
5. Delegation 19
6. Communications 19
7. Subcontracting 19
8. Other Contractors 19
9. Personnel 19
10. Employer’s and Contractor’s risks 19
11. Employer’s risks 19
12 Contractor’s risks 20
13 Query about Contract Data 20
14 Contractor to construct the Works 20
15. The Works to be completed by Intended Completion Date 20
16. Safety 20
17. Discoveries 20
18. Possession of the Site 20
19. Access to the Site 20
20. Instructions 20
B. Time Control
21. Program 20
22. Extension of the Intended Completion Date 21
23. Delays ordered by the Employer 21
24. Management meetings 21
C. Quality Control
25. Identifying defects 21
26. Tests 21
27. Correction of defects 21
28 Uncorrected defects 21
D. Cost Control
29 Bill of Quantities (BOQ) 21
30 Variations 22
31. Payment for Variations 22
32. Submission of bills for payment 22
33 Payments 23
34. Compensation events 23

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

35. Tax 23
36. Liquidated damages 23
37. Cost of repairs 24
E Finishing of Contract
38. Completion 24
39. Taking Over 24
40. Final account 24
41. As built drawings 24
42. Termination 24
43 Payment upon termination 25
44. Property 25
45. Release from performance 25
F Special Conditions of Contract 25

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

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 2.3
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.

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

 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. 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

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

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.
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.
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

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

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.

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

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

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

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 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

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

31.4 If the rates for additional, substituted or altered item of work cannot be determined
either as at 31.1, 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 f 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.

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

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.
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.

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

35. Tax
35.1 The rates quoted by the Contractor shall be deemed to be inclusive 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

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

 Contractor and make payment within 60 days of receiving the Contractor’s revised
account.
41. As built drawings
41.1 If “as built” Drawings17 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 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;
17
Completion drawings
(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

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

 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.
F. Special Conditions of Contract

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

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.
[ Add other Clauses specific to the work for which tenders are invited.]

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

 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
The Employer is :
Name: __________________________________ [1.1]
Address: ___________________________________
Name of authorized Representative: __________________________
The name and identification number of the Contract is
_______________________________________________________________________________________
_
[insert name and number as indicated in the Invitation for Tenders ]. [1.1]
The Works consist of ---------------------------------------------------------------
[brief summary, including relationship to other contracts under the Project].
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 ----------------------------------------------------------------------- 18 [15, 22]
The following documents also form part of the Contract: [2.2]
______________________________________________________
______________________________________________________
______________________________________________________
The Site Possession Date is: 19
[18]
The Site is located at ______________________________________ [1.1]
and is defined in drawings nos. ______________________________
_______________________________________________________
The Defects Liability Period is ________ days.20 [27]
The liquidated damages for the whole of the works are
Rs.—————————— (amount) per day21 [36]
18
At the time of preparation of the tender document give the period required for
completion of work. When the Agreement is drawn after award of the contract, the
dates can be put in.
19
At the time of preparation of the tender document give the period after the issue of
work order, when the site would be made available to the contractor for example ‘one
week after the issue of work order’.
20
The period should depend upon the period required for testing of the work. In case
of building it could be 12 months (passing of one rainy season); for pipe laying work,
tanks, water retaining structures, the time required for testing; for canals, lining
works, the passing of one monsoon or running of canal which ever is lower; roads and
highways passing of one monsoon (12 months)
21
The amount is usually computed on the basis of 0.1% the contract price per day. The
amount has to be specified as a round figure nearest to the hundred.

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs

 The maximum amount of liquidated damages for the whole of the works [36]
is ten percent of final contract price.
The date by which “as-built” 22
drawings (in scale …) 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” 23 drawings by the date
required is Rs._______________________________________ [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 [43.1]
additional cost for completing the Works shall be 3024 percent.
22
Completion drawings
23
The amount should be sufficient to get the completion drawings prepared by
alternative agency in case the contractor fails to submit.
24
Change if need be. It should be sufficient to get the balance works completed by
alternative agency.

SECTION 6: SPECIFICATIONS

SECTION 7: DRAWINGS

SECTION 8: BILL OF QUANTITIES Rate (Rs)

Sl. No. Descriptio Quantity Unit In figures In words Amount
n of item (Rs)
(with brief
specificati
on and
reference
to Book of
specificati
on)
Total Tender Price (in figures)
(in words)

K/W-1 Works/Open tender/Item Rate /< Rs. 20 lakhs >5 lakhs