KW 4

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K/W-4
Karnataka Housing Board

The Chief Engineer, KHB, 3rd Floor, Cauvery Bhavan, K.G. Road, Bangalore-09
TENDER FOR THE WORK OF : Proposed construction of Interior

Fit out works in G.F., F.F. & S.F.
for Admin office, Proposed
construction of VVIP guest house
& Girl’s Hostel (100 capacity) for
university of Agriculture sciences
@ Raichur.
TENDER REFERENCE : KHB/2017-18/BD/WORK_INDENT303

LAST DATE AND TIME FOR : Refer E-procurement portal
RECEIPT OF TENDERS
TIME AND DATE OF OPENING OF : Refer E-procurement portal
COVER ONE OF TENDERS
PLACE OF OPENING OF COVER ONE : Office of the Chief Engineer,
OF TENDERS KHB, 3rd Floor, Cauvery Bhavan,
K.G. Road, Bangalore-09
TIME AND DATE OF OPENING OF : Refer E-procurement portal
COVER TWO OF TENDERS
PLACE OF OPENING OF COVER TWO : Office of the Chief Engineer
OF TENDERS KHB, 3rd Floor, Cauvery Bhavan,
ADDRESS FOR COMMUNICATION : Office of the Chief Engineer,
KHB, 3rd Floor, Cauvery Bhavan,
K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

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Contents
Section
No. Description Page
1 INVITATION FOR TENDERS (IFT) 3

2 INSTRUCTIONS TO TENDERERS (ITT) 5
3 QUALIFICATION INFORMATION 19
4 FORM OF TENDER, LETTER OF ACCEPTANCE, 22
NOTICE TO PROCEED WITH THE WORK AND
AGREEMENT FORM.
5 CONDITIONS OF CONTRACT (CC) 25
6 CONTRACT DATA 42
7 SPECIFICATIONS 47
8 DRAWINGS 48
9 BILL OF QUANTITIES 49
10 FORMAT OF BANK GUARANTEE FOR SECURITY 50
DEPOSIT.

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SECTION 1: INVITATION FOR TENDERS (IFT)
Date:15.05.2017 IFT No : 28 /2017-18
1. The Executive Engineer, Karnataka Housing Board, 3rd Floor, Cauvery Bhavan,
K.G. Road, Bangalore invites tenders from eligible tenderers, 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. Two Cover Tender procedure as per Rule28 of the KTPP Act shall be
followed. The Tenders are required to submit two separate sealed covers, one containing
the Earnest money deposit and the details of their capability to undertake the tender (as
detailed in ITT Clause 3and 6), which will be opened first and the second cover containing
the price tender which will be opened only if the Tenderer is found to be qualified to
execute the tendered works. 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 Government of Karnataka e-

Procurement website https://eproc.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.

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3. Tenders must be accompanied by earnest money deposit which will paid online
through e-Procurement portal as mentioned
4. Tenders must be electronically submitted (on-line through internet) within the

date and time published in e-procurement portal. First Cover Tenders will be opened at
prescribed time and date in the e-procurement portal, in the presence of the Tenderers
who wish to attend at the Office of the Chief Engineer, KHB, 3rd Floor, Cauvery Bhavan,
5. A Pre-tender meeting will be held at the Office of the Chief Engineer, KHB, 3 rd Floor,
Cauvery Bhavan, K.G. Road, Bangalore-09 to clarify the issues if any, and to answer
questions on any matter that may be raised at that stage as stated in Clause 8.2 of ‘Instructions
to Tenderers’ of the tender document.
6. Other details can be seen in the tender documents.
TABLE
Transaction fee ,
Approximate Earnest
only in case
Sl. value Money Period of
Name of work Tenderers who
No. of work (Rs.) Deposit completion
wish to
(Rs.)
participate (Rs.)
1 2 3 4 5 6
Proposed construction of
Interior Fit out works in
G.F., F.F. & S.F. for
Rs.15,00,000 As per e-proc 12 (Twelve
Admin office, Proposed
Rs. /-by portal months
1 construction of VVIP
10,37,52,829/- E-payment including
guest house & Girl’s only monsoon)
Hostel (100 capacity) for
university of Agriculture
sciences @ Raichur

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SECTION 2: INSTRUCTIONS TO TENDERERS (ITT)

Table of Clauses
A. General 6
1. Scope of Tender
2. Eligible Tenderers
3. Qualification of the Tenderer
4. One Tender per Tenderer
5. Cost of Tendering
6. Site Visit
B. Tender Documents 8
7. Content of Tender documents

8. Clarification of Tender Document
9. Amendment of Tender documents
C. Preparation of Tenders 9
10. Documents comprising the Tender

11. Tender prices
12. Tender validity
13. Earnest money deposit
8
14. Format and signing of Tender
D. Submission of Tenders 13
15. Sealing and marking of Tenders

16. Deadline for submission of Tenders
17. Late Tenders
18. Modification and Withdrawal of Tenders
E. Tender opening and evaluation 13
19. Opening of First Cover of all Tenders and evaluation to determine

qualified Tenderers
20. Opening of Second Cover Tenders of qualified Tenders and evaluation
21. Process to be confidential
22. Clarification of Tenders
23. Examination of Tenders and determination of responsiveness
24. Correction of errors
25. Evaluation and comparison of Tenders
F. Award of contract 16
26. Award criteria

27. Employer’s right to accept any Tender and to reject any or all Tenders
28. Notification of award and signing of Agreement
29. Security deposit
30. Advance payment and Security

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31 Corrupt or Fraudulent Practices

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A. General
1. Scope of Tender
1.1 The Executive Engineer, Karnataka Housing Board, 3rd floor, Cauvery Bhavan, K.G.
Road, Bangalore (Referred to as Employer in these documents) invites tenders
following Two Cover tender procedure, from eligible Tenderers, for the Proposed
construction of Interior Fit out works in G.F., F.F. & S.F. for Admin office,
Proposed construction of VVIP guest house & Girl’s Hostel (100 capacity)
for university of Agriculture sciences @ Raichur works (as defined in these
documents and referred to as "the works") detailed in the Table given in the Invitation
for Tenders (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:
3.1 All Tenderers shall provide the requested information accurately and in sufficient detail
in Section 3: Qualification information.
The contractor should have KHB pre-qualified empanelment under category – “ II”
3.2 To qualify for award of this contract, each Tenderer in his name should have in the last
five years i.e., 2012-13 to 2016-17.
(a) achieved in at least two financial years a minimum financial turnover (in all classes
of civil engineering construction works only) of Rs.2077.00 lakhs. (Usually not less
than two times the estimated annual payments under this contract).
(b) 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 more than
Rs.100 lakh such as Building work of value not less than Rs.520.00 lakhs.
(c) Executed in any one Financial year, the following minimum quantities of work.
1. Earthwork excavation ----- 3150.0 Cum

2. Cement concrete RCC & PCC ------ 1700.00cum
3. CC blocks/BBM works ----- 225.0 Sq.m
4. Centering/shuttering ------ 8560.0 sqm
5. Plastering works ------ 12500.00 Sq.m.
6. Flooring (Granite/Vitrified/Ceramic/Cobble) ----- 1720.00 Sq.m.
7. Interior furnishing & loose furniture &
work station works: -------Rs. 1.60 crores.
(d) The Tenderer or his identified sub-contractor should possess required valid
electrical license for executing building & external electrification works and should
have executed similar electrical works totaling Rs.47.00 lakhs in any one year.
(e) The Tenderer or his identified sub-contractor should possess valid license for
executing water supply/sanitary engineering works and should have executed

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similar water supply/sanitary engineering works totaling Rs.18.00 lakhs. in any one
year.
3.3 Each Tenderer should further demonstrate:
a) Availability by owning/ Lease/ Hire basis the following key and critical
equipment for this work: For Lease/ Hire basis- relevant documents (commitment
agreements etc., shall be scanned and uploaded)
(Minimum 50% of the required machinery should be owned by the Tenderer.

Remaining 50% of the required machinery may be owned / procured on
Lease basis / Hire basis.)
 Mobile weigh batch concrete mixer ----- 1 Nos.

(Minimum capacity of 10cum/hr)
 Concrete mixer ---- 4 Nos
 Water tankers ---- 4 Nos
 Centering materials ---- 3000 Sq.m.
 Vibrator with needle ----- 8 Nos
(b) liquid assets and /or availability of credit facilities of no less than Rs.210.00 lakhs
(20%) (Credit lines/ letter of credit/ certificates from banks for meeting the fund
requirement etc. in the format to be as prescribed below:
--------------------------------------------------------------------------------------------------------------
To
Chief Engineer,
Karnataka Housing Board
Bengaluru
We hereby agree to finance the tenderer Sri. ............................ To the tune of

Rs................... (Rs .............. Words) for the work of: Proposed construction of Interior
Fit out works in G.F., F.F. & S.F. for Admin office, Proposed construction of
VVIP guest house & Girl’s Hostel (100 capacity) for university of Agriculture
sciences @ Raichur if the work is allotted to him on tender basis.
Signed by Scheduled Bank Authorized Signatory

---------------------------------------------------------------------------------------------------------------
(c) In the case of the death of the contractor after executing the agreement /
commencement of the work, his legal heir, if is an eligible registered contractor
and is willing can execute and complete the work at the accepted tender rates
irrespective of the cost of the work.
(d) Necessary work experience certificate issued by the competent authority not
below the rank of Executive Engineer, indicating the name/items of work
executed, date of commencement, date of completion and the total cost of work
executed shall be enclosed to the tender. Tenders without these details are liable
for disqualification.
3.4 To qualify for a package of contracts made up of this and other contracts for
which tenders are invited in this IFT, the Tenderer must demonstrate having
experience and resources to meet the aggregate of the qualifying criteria for the
individual contracts. - Not applicable.
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3.5 Sub-contractors’ experience and resources shall not be taken into account in
determining the Tenderer’s compliance with the qualifying criteria except to the extent
stated in 3.2 (d) and (e) above
3.6 Tenderers who meet the above specified minimum qualifying criteria, 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*1.5 - B )
where
A = Maximum value of civil engineering works executed in any one year during
the last five years (updated to 2017-18 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. 12 Months
B = Value, at 2017-18 price level, of existing commitments and on-going works to
be completed during the next 12 Months
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.
4. One Tender per Tenderer:
4.1 deleted
5. Cost of Tendering:
5.1 The tenderer shall bear all costs associated with the preparation and submission of his
tender, and the Employer will in no case be responsible and liable for those costs.
6. Site visit:
The Tenderer at his own responsibility and risk is encouraged to visit and examine the
Site of Works and its surroundings and obtain all information 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 Tenderer’s own expense.
B. Tender documents
7. Content of Tender documents

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7.1 The set of tender documents shall have all the Sections given in Page 2:
7.2 Both the sets should be completed and returned with the tender.
8. Clarification of Tender Documents
8.1 A prospective tenderer requiring any clarification of the tender documents may notify
the Employer in writing or by cable (hereinafter “cable” includes telex and facsimile)
at the Employer’s address indicated 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.
8.2 Pre-tender meeting:
8.2.1 The tenderer or his authorized representative is invited to attend a pre-tender meeting
which will take place at Office of the Chief Engineer, Karnataka Housing Board, 3rd
floor, Cauvery Bhavan, K.G. Road, Bangalore.
8.2.2 The purpose of the meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage
8.2.3 The tenderer is requested to submit any questions in writing or by cable to reach the
Employer not later than one week before the meeting.
8.2.4 Minutes of the meeting, including the text of the questions raised (without identifying
the source of enquiry) and the responses given will be transmitted without delay to all
purchasers of the tender documents. Any modification of the tender documents listed
in Sub-Clause 7.1 which may become necessary as a result of the pre-tender meeting
shall be made by the Employer exclusively through the issue of an Addendum
pursuant to Clause 9 and not through the minutes of the pre-tender meeting.
8.2.5 Non-attendance at the pre-tender meeting will not be a cause for disqualification of a
tenderer.
9. Amendment of Tender documents
9.1 Before the deadline for submission of tenders, the Employer may modify the tender
documents by issuing addenda.
9.2 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.
9.3 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 16.2 below.
C. Preparation of Tenders
10. Documents comprising the Tender
10.1 The tender submitted by the Tenderer shall be in two covers and shall contain the
documents as follows:
10.1.1 First Cover :
(a) Earnest Money Deposit; on line payment through e-Procurement platform.
(b) Qualification Information as per formats given in Section 3 and to comply
the task created in the e-Procurement Portal under General terms
Conditions and Technical parameters and Documents required from
Tenderer.
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(c) The Tenderer shall furnish, as part of his tender, earnest money deposit in the
amount as shown in column 4 of the Table of the IFT for this particular work.
The Earnest Money Deposit shall be l be in Bank Guarantee in the prescribed
format obtained from any Nationalised / Scheduled bank. The part (2) of the
EMD shall be delivered to the Executive Engineer before the prescribed date and
time of opening of the technical Bids.
10.1.2 Second Cover:

(a) The Tender (in the format indicated in Section 4)
(b) Priced Bill of Quantities (Section 9); online through e-procurement portal,
no hardcopy of commercials should be attached or disclosed.
and any other materials required to be completed and submitted by Tenderers in
accordance with these instructions. The documents listed under Sections 3, 4, 6 and 9
shall be filled in without exception.
10.2 Tenderers submitting tenders together with other contracts stated in the IFT to form a
package will so indicate in the tender together with any discounts offered for the
award of more than one contract.
11. Tender prices
11.1 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.
11.2 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.
11.3 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.
11.4 The rates and prices quoted by the Tenderer shall be subject to adjustment during the
performance of the Contract in accordance with the provisions of Clause of the
Conditions of Contract.
12. Tender validity
12.1 Tenders shall remain valid for a period not less than 180 (one hundred & eighty) days
after the deadline date for tender submission specified in Clause 16. A tender valid for
a shorter period shall be rejected by the Employer as non-responsive.
12.2 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 13 in all respects.
13. Earnest money deposit

13.1 Earnest Money Deposit/ Bid security

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The supplier/contractor can pay Earnest Money Deposit (EMD) i.e., Rs.15,00,000/- in
the e-Procurement 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 Axis Bank branches listed in the e-
Procurement web-site (www.eproc.karnataka.gov.in), the contractor/supplier will need to
log into e-Procurement 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 e-Procurement 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 e-Procurement 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 Axis Bank
EMD amount will have to be submitted by the supplier/contractor taking into account
the following conditions:

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a. EMD will be accepted only in the form of electronic cash (and not through Demand
Draft or Bank Guarantee) and will be maintained in the Govt.’s central pooling account
at Axis Bank until the contract is closed.
b. The entire EMD amount for a particular tender has to be paid in a single transaction
For details on e-Payment services refer to e-procurement portal for more details on the
process.
13.2 Instruments having fixed validity issued as earnest money deposit for the tender shall
be valid for 45 days beyond the validity of the tender.
13.3 Any tender not accompanied by an acceptable earnest money deposit and not secured
as indicated in Sub-Clauses 13.1 and 13.2 above shall be rejected by the Employer as
non-responsive.
13.4 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 12.1.
13.5 The earnest money deposit of the successful Tenderer will be discharged when the
Tenderer has signed the Agreement and furnished the required Performance Security.
13.6 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 24; 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
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14. 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
15. Sealing and marking of tenders
Tenderer shall submit the Bid electronically before the submission date and time
published.
16. Deadline for submission of the Tenders
16.1 Tenders must be submitted on line in the e-Procurement portal.

16.2 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.
17. Late Tenders
17.1 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.
18. Modification and Withdrawal of Tenders
18.1 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.
18.2 Each Tenderer's modification separately for each Cover or withdrawal notice shall be
prepared, sealed, marked, and delivered in accordance with Clause 14 & 15, with the
outer and inner envelopes additionally marked "MODIFICATION FOR
FIRST/SECOND COVER" or "WITHDRAWAL", as appropriate.
18.3 No Tender may be modified after the deadline for submission of Tenders.
18.4 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
12.1 above or as extended pursuant to Clause 12.2 may result in the forfeiture of the
earnest money deposit pursuant to Clause 13.
1 8.5 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
19. Opening of First Cover of all Tenders and evaluation to determine qualified
Tenderers:

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19.1 The Employer will open the First Covers of all the Tenders received (except those
received late or withdrawn), including modifications for First Cover made pursuant to
Clause 18, in the presence of the Tenderers or their representatives who choose to
attend at 11.00am hours on the date and the place specified in Clause 16. 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.
19.2 In e-Procurement Portal, Contractor has the option of withdrawing the Bid by
digitally signing to withdraw / cancel the bid, before the bid submission time
/Date – Not applicable.
19.3 The Tenderes names, the presence or absence of earnest money deposit (amount,
format and validity), the submission of qualification information and such other
information as the Employer may consider appropriate will be announced by the
Employer at the opening. Late and withdrawn Tenders will be returned unopened to
tenders – Not applicable
19.4 The Employer shall prepare minutes of the Tender opening, including the information
disclosed to those present in accordance with Sub-Clause 19.3. – Not applicable
19.5 The Second Cover of all the Tenderers including modifications for Second Cover shall
be placed in a large cover and securely sealed in the presence of the tenderers or their
representatives, who are present and also get the same signed by all those tenderers or
their representatives. The large cover shall be kept in safe custody by the Employer. 1
-– Not applicable
19.6 The Employer will evaluate and determine whether each tender (a) meets the
eligibility criteria defined in ITT Clause 2;(b) is accompanied by the required earnest
money deposit as per stipulations in ITT Clause and (c) meets the minimum
qualification criteria stipulated in ITT Clause 3. The Employer will draw out a list of
qualified Tenderers.2
20. Opening of Second Cover of qualified Tenderers and evaluation:
20.1 The Employer will inform all the Qualified Tenderers the time, date and venue fixed
for the opening of the Second Cover containing the priced Tenders. The Employer will
open the Second Covers of Qualified Tenderers at the appointed time and date in the
presence of the Tenders or their representatives who choose to attend. In the event of
the specified date of Second Cover opening being declared a holiday for the
Employer, the Second Covers will be opened at the appointed time and location on the
next working day.
20.2 Envelopes marked “MODIFICATION FOR SECOND COVER” shall be opened
and the submissions therein read out in appropriate detail. – Not applicable
20.3 The Tenderers' names, the Tender prices, the total amount of each Tender, any
discounts, Tender modifications and withdrawals, 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.
20.4 The Employer shall prepare minutes of the Second Cover Tender opening, including
the information disclosed to those present in accordance with Sub-Clause 20.3.
21. Process to be confidential
21.1 Information relating to the examination, clarification, evaluation, and comparison of

Tenders and recommendations for the award of a contract shall not be disclosed to

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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.
22 Clarification of Tenders
22.1 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 24.
22.2 Subject to sub-clause 22.1, 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. Tenderer also can submit on line clarification
through e-Procurement portal through query option .
If they have any query or need clarification related to e-Procurement contact e-
Procurement Help desk from 9 AM to 9 PM. (Monday to Saturday ) Ph. No. –
080 – 22485867
22.3 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.
23. Examination of Tenders and determination of responsiveness
23.1 Prior to the detailed evaluation of Tenders, the Employer will determine whether each
Tender; (a) has been properly signed; and; (b) is substantially responsive to the
requirements of the Tender documents.
23.2 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.
23.3 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.
24. Correction of errors
24.1 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 govern3; and

Page 17 of 51
(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.
24.2 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 13.6 (b).
25. Evaluation and comparison of Tenders
25.1 The Employer will evaluate and compare only the Tenders determined to be
substantially responsive in accordance with Clause 23.
25.2 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 24; and
(b) making appropriate adjustments to reflect discounts or other price
modifications offered in accordance with Sub Clause 18.5.
25.3 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.
25.4 The estimated effect of the price adjustment conditions under Clause 41 of the
Conditions of Contract, during the implementation of the Contract, will not be taken
into account in tender Evaluation
25.5 If the tender of the successful tenderer is seriously unbalanced in relation to the
Employer’s estimate of the cost of the work to be performed under the contract, the
Employer may require the Tenderer to produce detailed price analyses for any or all
items of the Bill of Quantities, to demonstrate the internal consistency of those prices
with the construction methods and schedule proposed. After evaluation of the price
analyses, the Employer may require that the amount of the performance security set
forth in Clause 29 be increased at the expense of the successful Tenderer to a level
sufficient to protect the Employer against financial loss in the event of default of the
successful under the contract.
F. Award of Contract
26. Award criteria
26.1 Subject to Clause 27, 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.
27. Employer's right to accept any Tender and to reject any or all Tenders
27.1 Notwithstanding Clause 26, 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.

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28. Notification of award and signing of Agreement
28.1 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, e-mail 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").
28.2 The notification of award will constitute the formation of the Contract, subject only to
the furnishing of Security deposit in accordance with the provisions of Clause 29.
28.3 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.
28.4 Upon the furnishing by the successful Tenderer of the Performance Security, the
Employer will promptly notify the other Tenderers that their Tenders have been
unsuccessful.
29. Security deposit
29.1 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 in accordance with Clause 25.5 of ITT and Clause 44 of the Conditions of
Contract. :
a. A bank guarantee in the form given in Section 10;
- to Housing Commissioner, KHB, Bangalore
29.2 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.
29.3 Deleted.
29.4 Failure of the successful Tenderer to comply with the requirements of Sub-Clause
29.1 shall constitute sufficient grounds for cancellation of the award and forfeiture of
the Earnest money deposit.
30 Advance Payment and Security: Not applicable
30.1 Deleted.
31. Corrupt or Fraudulent practices
31.1 The GOK requires that the Tenderers/Suppliers/Contractors, observe the highest
standard of ethics during the procurement and execution of such contracts. In
pursuance of this policy, GOK :
(a) will reject a proposal for award if it determines that the Tenderer
recommended for award has engaged in corrupt or fraudulent practices in
competing for the contract in question;
(b) will declare a firm ineligible, either indefinitely or for a stated period of time,
to be awarded a GOK contract if it at any time determines that the firm has

Page 19 of 51
engaged in corrupt or fraudulent practices in competing for, or in executing, a

GOK contract.
31.2 Furthermore, Tenderers shall be aware of the provision stated in sub-clause 50.2 of the
Conditions of Contract.
SECTION 3: 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 _______________________________

(Attach Copy)
Principal place of business: _______________________________
1.2 Total value of works

executed and payments received in the last five years
(in Rs. Lakhs)
2012-13______________
2013-14 _____________
2014-15_____________
2015-16_____________
2016-17______________
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 Description Contrac Value Date Specified Actual Remarks

Name Employe of Work t of of period of date of explaining
r Number contrac issue complet- complet- reasons for
t Rs of ion ion delay in
Lakhs Work completion
of work
1 2 3 4 5 6 7 8 9

1.4 Quantities of work executed as prime contractor (in the same name) during the last
five years specified in 1.2 above:
Year Name of Work Name of Quantity of work Remarks

Employer performed ( As per (Indicate
Section 3 Qualification contract
of the Tenderer Clause reference)
3.2 ( c ))
1 2 3 4 5
2012-13

Page 20 of 51
2013-14
2014-15
2015-16
2016-17
1.5 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 of Place Contract Name & Value Stipulated Value of Anticipated

Work & No. & Date of period of works date of
State Date Address of Contract completio remaining completion
Employer (Rs. n to be
Lakhs) complete
d (Rs.
Lakhs)
1 2 3 4 5 6 7 8

(B) Works for which Tenders already submitted:
Description of Work Place Name & Estimated Stipulated Date Remarks

& Date value of period of when if any
State Address works completio decision
of (Rs. n is
Employer Lakhs) expected
1 2 3 4 5 6 7

1.6 The following items of equipment are considered essential for successfully
carrying out the works. The tenderer should furnish all the information listed below.
Requirement Owned and available

Item of Equipment No. Owned Number/Capacity Remarks
Capacity Age/Condition
(as specified in clause
3.3)
1.7 Reports on the financial standing of the tenderer, such as profit and loss statements
and auditor’s reports for the last five years;
1.8 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.

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1.9. Name, address, and telephone, telex, and fax numbers of the Tenderers' bankers who
may provide references if contacted by the Employer.
1.10 Evidence of access to financial resources to meet the qualification requirement

specified in ITT Clause3.3 (b): Cash in hand, Letter of Credit etc. List them below and
attach certificate from the Banker in the suggested format as under:
BANKER’S CERTIFICATE
This is to certify that M/s. ………………………….. is a reputed company with a good

financial standing. If the contract for this work, namely Proposed construction of
Interior Fit out works in G.F., F.F. & S.F. for Admin office, Proposed
construction of VVIP guest house & Girl’s Hostel (100 capacity) for university of
Agriculture sciences @ Raichur Indent no KHB/2017-18/BD/WORK_INDENT303
(name of the work) is awarded to the above firm, we shall be able to provide overdraft/credit
facilities to the extent of Rs. 210.001lakhs to meet the working capital requirements for
executing the above contract
Sd/-
Name of the Bank, Senior Bank Manger
Address:……………………………….
1.11 Proposals for subcontracting components of works amounting to more than 20% of the
contract price .
Item of Work Value of Sub-Contract Identified Sub-Contract Experience of similar work

(Name and address)
1.12 Information on litigations in which the Tenderer is involved:
Other Party (ies) Employer Details of dispute Amount involved Remarks showing present status
1.13 The proposed methodology and program of construction, backed with equipment
planning and deployment, duly supported with broad calculations and quality control
procedures proposed to be adopted, justifying their capability of execution and
completion of the work as per technical specifications within the stipulated period of
completion as per milestones.

Page 22 of 51
SECTION 4 : FORMS OF TENDER, LETTER OF ACEPTANCE, NOTICE TO

PROCEED WITH THE WORK AND AGREEMENT FORM
Form of Tender
Description of the Works Proposed construction of Interior Fit out works in G.F.,
F.F. & S.F. for Admin office, Proposed construction of VVIP guest house &
Girl’s Hostel (100 capacity) for university of Agriculture sciences @ Raichur
Indent no_ KHB/2017-18/BD/WORK_INDENT303.
Tender
To
Address :
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].
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.
The advance payment required is Rs…………………………….
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: ----------------------------------------------------------------------
----------------------------------------------------------------------

Page 23 of 51
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 work,
Proposed construction of Interior Fit out works in G.F., F.F. & S.F. for Admin
office, Proposed construction of VVIP guest house & Girl’s Hostel (100 capacity)
for university of Agriculture sciences @ Raichur Indent no KHB/2017-
18/BD/WORK_INDENT303 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 plus additional security for unbalanced
tenders in terms of Clause 25.5 of ITT, in the form detailed in Clause 29.1 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 29.4 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
29.1 and signing of the contract agreement for the Work of Proposed construction of
Page 24 of 51
Interior Fit out works in G.F., F.F. & S.F. for Admin office, Proposed
construction of VVIP guest house & Girl’s Hostel (100 capacity) for university of
Agriculture sciences @ Raichur Indent no KHB/2017-18/BD/WORK_INDENT303 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)

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_______________________

_____________________________ _ Proposed construction of Interior Fit out works
in G.F., F.F. & S.F. for Admin office, Proposed construction of VVIP guest house
& Girl’s Hostel (100 capacity) for university of Agriculture sciences @ Raichur
Indent no KHB/2017-18/BD/WORK_INDENT303.
___________________________________________________________________________
____________________________________[ name 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);
Page 25 of 51
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 ___________________________________________

Page 26 of 51
SECTION 5: CONDITIONS OF CONTRACT

Table of Contents
A. General Page No.
1. Definitions 27
2. Interpretation 28
3. Law governing contract 28
4. Employers decisions 28
5. Delegation 28
6. Communications 28
7. Subcontracting 29
8. Other Contractors 29
9. Personnel 29
10. Employer’s and Contractor’s risks 29
11. Employer’s risks 29
12 Contractor’s risks 29
13. Insurance 29
14. Site Investigation Report 30
15 Query about Contract Data 30
16 Contractor to construct the Works 30
17. The Works to be completed by Intended Completion Date 30
18 Approvals by the Employer 31
19. Safety 31
20. Discoveries 31
21. Possession of the Site 31
22. Access to the Site 31
23. Instructions 31
24. Procedure for resolution of disputes 31
B. Time Control
25. Program 32
26. Extension of the Intended Completion Date 32
27. Delays ordered by the Employer 32
28. Management meetings 32
C. Quality Control
29. Identifying defects 32

30. Tests 32
31. Correction of defects 33
32. Uncorrected defects 33
D. Cost Control
33 Bill of Quantities (BOQ) 33

34 Variations 33
35. Payment for Variations 34
36. Submission of bills for payment 34
37 Payments 34
38. Compensation events 35

Page 27 of 51
39. Tax 35
40 Price Adjustment 35
41. Liquidated damages 36
42. Advance Payments 36
43. Securities 36
44. Cost of repairs 36
E Finishing of Contract
45. Completion 36
46. Taking Over 36
47. Final account 37
48. As built drawings and/or Operating and Maintenance Manuals 37
49. Termination 37
50 Payment upon termination 38
51. Property 38
52. Release from performance 38
F Special Conditions of Contract 39

Page 28 of 51
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 38 hereunder.
The Completion Date is the date of completion of the Works as certified by the
Employer in accordance with Sub Clause 46.1.
The Contract is the contract between the Employer and the Contractor to execute,
complete and maintain the Works. It consists of the documents listed in Clause 2.2
below.
The Contract Data defines the documents and other information which comprise the
Contract.
The Contractor is a person or corporate body whose Tender to carry out the Works
has been accepted by the Employer.
The Contractor's Tender is the completed Tender document submitted by the
Contractor to the Employer.
The Contract price is the price stated in the Letter of Acceptance and thereafter as
adjusted in accordance with the provisions of the Contract.
Days are calendar days; months are calendar months.
A Defect is any part of the Works not completed in accordance with the Contract.
The Defects liability period is the period named in the Contract Data and calculated
from the Completion Date.
The Employer is the party who will employ the Contractor to carry out the Works.
Equipment is the Contractor's machinery and vehicles brought temporarily to the Site
to construct the Works.
The Initial Contract price is the Contract Price listed in the Employer's Letter of
Acceptance.
The Intended Completion Date is the date on which it is intended that the Contractor
shall complete the Works. The Intended Completion Date is specified in the Contract
Data. The Intended Completion Date may be revised only by the Employer by issuing
an extension of time.
Materials are all supplies, including consumables, used by the contractor for
incorporation in the Works.
Plant is any integral part of the Works which is to have a mechanical, electrical,
electronic or chemical or biological function.
The Site is the area defined as such in the Contract Data.
Specification means the Specification of the Works included in the Contract and any
modification or addition made or approved by the Employer.
The Start Date is given in the Contract Data. It is the date when the Contractor shall
commence execution of the works. It does not necessarily coincide with any of the
Site Possession Dates.
A Subcontractor is a person or corporate body who has a Contract with the
Contractor to carry out a part of the work in the Contract which includes work on the
Site.

Page 29 of 51
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
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. Deleted
8. Other Contractors

Page 30 of 51
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
11.1The Employer is responsible for the excepted risks which are:

(a) rebellion, riot commotion or disorder unless solely restricted to employees of the
Contractor or his Sub-Contractors arising from the conduct of the Works; or
(b) a cause due solely to the design of the Works, other than the Contractor’s design; or
(c) any operation of the forces of nature (in so far as it occurs on the Site) which an
experienced contractor:
(i) could not have reasonably foreseen; or
(ii) could reasonably have foreseen, but against which he could not reasonably
have taken at least one of the following measures;
(A) prevent loss or damage to physical property from occurring by
taking appropriate measures or
(B) insure against such loss or damage
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. Insurance:
13.1 The Contractor shall prior to commencing the works, effect and thereafter maintain
insurances , in the joint names of the Employer and the Contractor, (cover from the
first working day after the Start Date to the end of Defects Liability Period), in the
amounts stated in the Contract Data :
(a) for loss of or damage to the Works, Plants and Materials and the Contractor’s
equipment;
(b) for liability of both Parties for loss, damage, death and injury to third parties or
their property arising out of the Contractor’s performance of the Contract
including the Contractor’s liability for damage to the Employer’s property other
than the Works and

Page 31 of 51
(c) for liability of both Parties and of any Employer’s representative for death and
injury to the Contractor’s personnel except to the extent that liability arises from
the negligence of the Employer, any Employer’s representative or their
Employees.
13.2 Policies and certificates for insurance shall be delivered by the Contractor to the
Employer for his approval before the Start Date. All such insurance shall provide for
compensation to be payable to rectify the loss or damage incurred. All payments
received from insurers relating to loss or damage shall be held jointly by the Parties
and used for the repair of the loss or damage or as compensation for loss or damage
that is not to be repaired.
13.3 If the Contractor fails to effect or keep in force any of the insurances referred to in the
previous sub-clauses or fails to provide satisfactory evidence, policies or receipts, the
Employer may without prejudice to any other right or remedy, effect insurance for the
cover relevant to such default and pay the premiums due and recover the same as a
deduction from any other monies due to the Contractor. If no payments is due, the
payment of the premiums shall be a debt due.
13.4 Alterations to the terms of an insurance shall not be made without the approval of the
Employer.
13.5 Both Parties shall comply with any conditions of the insurance policies.
14. Site Investigation Reports:
14.1 The Contractor, in preparing the tender, shall rely on any site investigation reports
referred to in the Contract data, supplemented by any information available to the
Tenderer.
15. Queries about the Contract Data
15.1 The Employer will clarify queries on the Contract Data.
16. Contractor to construct the Works
16.1 The Contractor shall construct the Works in accordance with the Specification and
Drawings.
17. The Works to be completed by the Intended Completion Date
17.1 The Contractor may commence execution of the Works on the Start Date and shall
carry out the Works in accordance with the program submitted by the Contractor, as
updated with the approval of the Employer, and complete them by the Intended
Completion Date.
18. Approval by the Employer:
18.1 The Contractor shall submit Specification and drawings showing the proposed
Temporary Works to the Employer, who is to approve them if they comply with the
Specifications and Drawings.
18.2 The Contractor shall be responsible for the design of Temporary Works

Page 32 of 51
18.3 The Employer’s approval shall not alter the Contractor’s responsibility for design of
the Temporary Works.
18.4 The Contractor shall obtain approval of third parties to the design of third parties to
the design of the temporary Works where required.
18.5 All Drawings prepared by the Contractor for the execution of the temporary or
permanent Works, are subject to prior approval by the Employer before their use.
19. Safety
19.1 The Contractor shall be responsible for the safety of all activities on the Site.
20. Discoveries
20.1 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.
21. Possession of the Site
21.1 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.
22. Access to the Site
22.1 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.
23. Instructions
23.1 The Contractor shall carry out all instructions of the Employer which comply with the
applicable laws where the Site is located.
24. Procedure for resolution of Disputes:
24.1 If the Contractor is not satisfied with the decision taken by the Employer, the dispute
shall be referred by either party to Arbitration within 30 days of the notification of the
Employer’s decision.
24.2 If neither party refers the dispute to Arbitration within the above 30 days, the
Employer’s decision will be final and binding.
24.3 The Arbitration shall be conducted in accordance with the arbitration procedure stated
in the Special Conditions of Contract.
B. Time Control
25. Program

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25.1 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.
25.2 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.
26. Extension of the Intended Completion Date
26.1 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.
26.2 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.
27. Delays ordered by the Employer
27.1 The Employer may instruct the Contractor to delay the start or progress of any activity
within the Works.
28. Management meetings
28.1 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.
28.2 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
29. Identifying defects
29.1 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
30. Tests
30.1 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.
31. Correction of defects
31.1 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

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Data. The Defects Liability Period shall be extended for as long as Defects remain to
be corrected.
31.2 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.
32. Uncorrected defects
32.1 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
33. Bill of Quantities (BOQ)
33.1 The BOQ shall contain items for the construction, installation, testing, and
commissioning work to be done by the Contractor.
33.2 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
34. Variations
34.1 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.
34.2 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.
34.3 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.
34.4 The Contractor shall promptly request in writing to the Employer to confirm verbal
orders and the officer issuing oral instructions shall confirm it in writing within 30
days, failing which the work shall be carried out as though there is no variation. In
case variation, is approved it shall be accompanied by BOQ , failing which the
contractor shall be responsible for deviation if any. Further, approval of Govt. has to
be obtained for the variation exceeding 5% .
35. Payments for Variations
35.1 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.

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35.2 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.
35.3 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
35.4 If the rates for additional, substituted or altered item of work cannot be determined
either as at 35.1 or 35.2 or 35.3 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.
35.5 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.
35.6 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.
35.7 Under no circumstances the Contractor shall suspend the work on the plea of non-
settlement of rates for items falling under this Clause.
36. Submission of bills for payment
36.1 The Contractor shall submit to the Employer monthly bills of the value of the work
completed less the cumulative amount paid previously.
36.2 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.
36.3 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.
37. Payments
37.1 Payments shall be adjusted for deductions for advance payments, other recoveries in
terms of the contract and taxes, at source, as applicable under the law. The Employer
shall pay the Contractor within 60 days of submission of bill. The contractor shall be
liable to pay liquidated damages for shortfall in progress.
For progress beyond the agreed programme payment is subject to availability
of the grants.
37.2 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.
38. Compensation events
38.1 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.

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(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.
38.2 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.
38.3 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.
38.4 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.
39. Tax
39.1 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.
40. Price Adjustment: As per latest Government order issued by Govt. shall be
followed.
Clause is as per Government order No:

Contract price shall be adjusted for increase or decrease in rates and prices of Steel,
Cement & Bitumen in accordance with the following principles and procedures.
(a) The star rates in respect of Cement, Steel & Bitumen shall be payable to the
contractor based on the all India average wholesale price index for these materials.
The star rates adjustment shall be as per the increase or decrease in the index as
applied to the said materials between the last date for receiving bids and the date
of execution as per the approved programme of works submitted by the contractor
at the time of execution of agreement which shall mandatory be a part of the
agreement.
(b) The star rates shall not be admissible if the contract period is extended due to lapse
on the part of the contractor.

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(c) If the contract period is extended due to no fault of the contractor, the modified
programme shall be approved by the competent authority and shall become a part
of agreement for which Star rates will be applicable.
(d) For the purpose of working out Star rates, the price index issued from time to time
by the Ministry of Commerce and Industry, Government of India shall be adopted.
41. Liquidated damages
41.1 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 (for the whole of the works or the milestone as stated in the Contract
Data). 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.
41.2 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.
42. Advance Payments: NOT APPLICABLE
43. Securities:
43.1 The Security deposit (including additional security for unbalanced tenders) shall be
provided to the Employer no later than the date specified in the Letter of Acceptance
and shall be issued in an amount and form and type of instrument acceptable to the
Employer. The Security deposit shall be valid until a date 30 days from the date of
expiry of Defects Liability Period and the additional security for unbalanced tenders
shall be valid until a date 30 days from the date of issue of the certificate of
completion.
44. Cost of Repairs:
44.1 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
45. Completion
45.1 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.
46. Taking over
46.1 The Employer shall take over the Site and the Works within seven days of issuing a
certificate of Completion.
47. Final account

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47.1 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.
48. As built drawings and /or Operating and Maintenance Manuals
48.1 If “as built”4 Drawings and/or operating and maintenance manuals are required, the
Contractor shall supply them by the dates stated in the Contract Data.
48.2 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.
49. Termination
49.1 The Employer may terminate the Contract if the other party causes a fundamental
breach of the Contract.
49.2 Fundamental breaches of Contract include, but shall not be limited to the following:
(a) the Contractor stops work for 45 days when no stoppage of work is shown
on the current Program and the stoppage has not been authorized by the
Employer;
(b) deleted
(c) The Contractor becomes bankrupt or goes into liquidation other than for a
reconstruction or amalgamation;
(d) deleted
(e) the Employer gives Notice that failure to correct a particular Defect is a
fundamental breach of Contract and the Contractor fails to correct it within
a reasonable period of time determined by the Employer;
(f) the Contractor does not maintain a security which is required;
(g) the Contractor has delayed the completion of works by the number of days
for which the maximum amount of liquidated damages can be paid as
defined in the Contract data; and
(h) if the Contractor, in the judgment of the Employer has engaged in corrupt or
fraudulent practices in competing for or in the executing the Contract.
For the purpose of this paragraph : “corrupt practice” means the offering,
giving, receiving or soliciting of any thing of value to influence the action of
a public official in the procurement process or in contract execution.
“Fraudulent practice” means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower, and includes collusive practice among Tenderers
(prior to or after Tender submission) designed to establish Tender prices at
artificial non-competitive levels and to deprive the Borrower of the benefits
of free and open competition.”
49.3 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 49.2 above, the Employer shall
decide whether the breach is fundamental or not.
4

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49.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.
49.5 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.
50. Payment upon Termination
50.1 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.
50.2 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.
51. Property
51.1 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.
52. Release from performance
52.1 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

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E. 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. Arbitration (Clause 24 )

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4.1 The procedure for arbitration shall be as follows:
(a) In case of dispute or difference arising between the Employer and the Contractor
relating to any matter arising out of or connected with this agreement it shall be
settled in accordance with the Arbitration and Conciliation Act 1996. The disputes
or differences shall be referred to a Sole Arbitrator. The Sole Arbitrator shall be
appointed by agreement between the parties; failing such agreement, by the
Appointing Authority (any one of the Organizations as per list enclosed in
Annexure)
(b) Arbitration proceedings shall be held at Bangalore, Karnataka, India
(c) The cost and expenses of arbitration proceedings will be paid as determined by the
Arbitrator. However the expenses incurred by each party in connection with the
preparation, presentation, etc., shall be borne by each party itself.
(d) Performance under the contract shall continue during the arbitration
proceedings and payments due the Contractor by the Employer shall not be
withheld, unless they are the subject matter of the arbitration proceedings.
1 DEATH OF THE CONTRACTOR:
In case if the death of a contractor, after executing the agreement / commencement of

the work, his legal heir, is an eligible registered contractor and is willing, can execute
and complete the work, at the accepted tender rates, irrespective of the cost of the
work.
2 Royalty charges shall be recovered as per the prevailing rates issued by the Department
of Mines and Geology.
3 As per the GO No. LD 300/LET/2006 Dt:18-01-2007. 1% will be deducted from each

and every bill as per labour welfare tax act
4 All the works are to be carried out as per the standard specification issued from time to
time by BIS , MORTH etc and as per the relevant IS codes.
5 Provision for price adjustment for specified materials for work as per “
Government order No:
6 a) The Tenderer has to produce all the relevant Document as indicated in the Bid
Document in originals during the opening of the Technical Bid “Mandatorily “ this is in
addition to uploading all the relevant Documents in the e-procurement portal. If the
Originals are not submitted. The Tender will be rejected.
b) All other documents which are required to be submitted are to be uploaded in the e-
procurement portal in General Documents section, while electronically submitting the
bid. If any of the Documents as desired are not submitted the Tender will be rejected.

Page 42 of 51
Annexure:
LIST OF ORGANIZATIONS WHO ARE CONSIDERED AS APPOINTING

AUTHORITY FOR APPOINTMENT OF ARBITRATORS5
1. Indian Council of Arbitration, New Delhi;

2. International Centre for Alternative Disputes Resolution (India);
3. Indian Roads Congress;
4. Indian Building Congress;
5. Indian Institute of Bridge Engineers;
6. Indian Institute of Public Health Engineers;
7. Institute of Water Works

Page 43 of 51
SECTION 6: CONTRACT DATA
Items marked "N/A" do not apply in this Contract.
The following documents are also part of the Contract: Clause Reference
 The Schedule of Operating and Maintenance Manuals [48]
 The Methodology and Program of Construction [25]
 Site Investigation Reports [14]
 The Schedule of Key and Critical Equipment to be deployed

on the work as per agreed program of construction. [25]
The Employer is :
Name: Executive Engineer [1.1]
Address: Office of the Executive Engineer, Karnataka Housing Board, 3rd floor,
Cauvery Bhavan, K.G. Road, Bangalore.
.
Name of authorized Representative:

The name and identification number of the Contract is KHB/2017-18/BD/WORK_INDENT303
The following items have been incorporated in the estimate for the work,
As per section-9 of bill of Quantities
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 12 TWELVE MONTHS with the following milestones
[17, 26]
Milestone dates: Physical works to be completed

Milestone 1 i.e 4 months 40% should achieve Rs.4.152 lakhs
Milestone 2 i.e., 4 months 30% should achieve Rs.3.114lakhs
Milestone 3 i.e 4 months 30% should achieve Rs.3.114 lakhs
The Site Possession Date is one day after issue of work order [21]
The Site is located at Raichur in RAICHUR DIST., [1.1]
and is defined in drawings nos. ______________________________
The Defects Liability Period is 24 months [31]
Insurance requirements are as under: [13]
Type of Cover Minimum cover for Insurance

Page 44 of 51
(i) Works and of Plant The sum stated in the Agreement plus 20%
and materials
(ii) Loss or damage to Full replacement cost
equipment
(iii Loss or damage to Full replacement cost
) property of Third
Party
(iv) Personal injury or Full replacement cost
death insurance (a) for
Third Party
(b) for Contractor’s In accordance with the statutory
employees or labour requirements applicable to Karnataka
Price Adjustment Formula; [40]
R= Value of work as defined in Clause 40.1 of Conditions of Contract.
Adjustment for labour component:
(i) Price adjustment for increase or decrease in the cost due to labour shall be paid in
accordance with the following formula:
VL = 0.85 X PL /100 X R X(Li - Lo ) /Lo Where,
VL = Increase or decrease in the cost of work during the quarter under

consideration due to changes in rates for local labour;
Lo = The average consumer price index for industrial workers for ………. Centre
for the quarter preceding the date of opening of tenders as published by the
Labour Bureau, Ministry of Labour, Government of India;
Li = The average consumer price index for industrial workers for ………….
Centre for the quarter under consideration as published by Labour Bureau,
Ministry of Labour, Government of India
PL = Percentage of labour component of the work
Adjustment for Cement Component:

(ii) Price adjustment for increase or decrease in the cost of cement component
procured by the contractor shall be paid in accordance with the following formula.
VC = 0.85 X PC /100 X R X (Ci - Co ) /Co , Where,
VC = Increase or decrease in the cost of the work during the quarter under
consideration due to changes in the rates for cement;
Co = The all India average wholesale price index for cement (Ordinary Portland
Cement) for the quarter preceding the date of opening of the tenders as
published by the Office of Economic Advisor, Ministry of Commerce and
Industry, Government of India , New Delhi;
Ci = The all India average wholesale price index for cement (Ordinary Portland
Cement) for the quarter under consideration as published by the Office of
Economic Advisor, Ministry of Commerce and Industry, Government of
India, New Delhi
PC = Percentage of cement component of the work

Page 45 of 51
Note: For the application of this clause index of Ordinary Portland

Cement has been chosen to represent Cement Group
Adjustment for steel component:
(iii) Price adjustment for increase or decrease in the cost of steel procured by the
contractor shall be paid in accordance with the following formula.
VS = 0.85 X PS /100 X R X (Si – So)/So where,
VS = Increase or decrease in the cost of work during the quarter under

consideration due to changes in the rates for steel;
So = The all India average wholesale price index for steel (M.S.Bars and rods) for
the quarter preceding the date of opening of Bids as published by the Office
of Economic Advisor, Ministry of Commerce and Industry, Government of
India, New Delhi
Si = The all India average wholesale price index for steel (M.S. Bars and Rods)
for the quarter under consideration as published by the Office of Economic
Advisor, Ministry of Commerce and Industry, New Delhi
PS = Percentage of steel component of the work
Note: For the application of this clause, index of M.S.Bars and Rods has been
chosen to represent steel group.
Adjustment of Bitumen Component:
(iv) Price adjustment for increase or decrease in the cost of bitumen shall be paid in
accordance with the following formula:
VB = 0.85 X PB/100 X R X (Bi – Bo)/Bo , Where

VB = Increase or decrease in the cost of work during the quarter under
consideration due to changes in the rate for bitumen.
Bo = The official retail price of bitumen at the IOC /HPCL/BPL or any other
depot at ………. on the day 30 days prior to the date of opening of Bids.
Bi = The official retail price of bitumen at the IOC/HPCL/BPL or any other depot
at …………. for the 15th day of the middle calendar month of the quarter
under consideration.
PB = Percentage of bitumen component of the work.
Adjustment of Fuel and Lubricant component:
(v) Price adjustment for increase or decrease in cost of Fuel and Lubricants shall be
paid in accordance with the following formula:
VF = 0.85 X PF /100 X R X (Fi - Fo )/ Fo, Where,

VF = Increase or decrease in the cost of work during the quarter under
consideration due to changes in the rates for Fuel and Lubricants.
Fo = The official retail price of High Speed Diesel (HSD) at the IOC/HPCL/BPL
or other consumer pump at ………. on the day 30 days prior to the date of
opening of Bids.
Fi = The official retail price of HSD at the IOC/HPCL/BPL or other consumer
pump at …………. for the 15th day of the middle calendar month of the
quarter under consideration.
Page 46 of 51
PF = Percentage of Fuel and Lubricant component of the work.
Note: For the application of this Clause the price of HSD has been chosen to
represent Fuel and Lubricant Group
Adjustment for Plant and Machinery Spares Component:
(vi) Price adjustment for increase or decrease in the cost of plant and machinery spares
procured by the contractor shall be paid in accordance with the following formula:
VP = 0.85 X PP/100 X R X (Pi – Po)/Po , Where

VP = Increase or decrease in the cost of work during the quarter under
consideration due to changes in the rates for plant and machinery spares.
Po = The all India average wholesale price index for Heavy machinery and parts
for the quarter preceding the date of opening of bids, as published by the
Office of the Economic Advisor, Ministry of Commerce and Industry,
Government of India, New Delhi
Pi = The all India average wholesale price index for Heavy machinery and parts
for the quarter under consideration as published by the Office of the
Economic Advisor, Ministry of Commerce and Industry, Government of
India, New Delhi
PB = Percentage of Plant and Machinery Spares component of the work.
Note: For the application of this Clause index of Heavy Machinery and Parts
has been chosen to represent the Plant and Machinery Spares Group.
Adjustment for Other materials.:
(vii) Price adjustment for increase or decrease in the cost of other materials other than
cement, steel, bitumen and Fuel and Lubricants, procured by the contractor shall
be paid in accordance with the following formula:
VM = 0.85 X PM/100 X R X (Mi – Mo)/Mo , Where

VM = Increase or decrease in the cost of work during the quarter under
consideration due to changes in the rates for local materials other than
cement, steel, bitumen and Fuel and Lubricants.
Mo = The all India average wholesale price index for all commodities for the
quarter preceding the date of opening of bids, as published by the Office of
the Economic Advisor, Ministry of Commerce and Industry, Government of
India, New Delhi
Mi = The all India average wholesale price index for all commodities for the
quarter under consideration as published by the Office of the Economic
Advisor, Ministry of Commerce and Industry, Government of India, New
Delhi
PM = Percentage of other material component (Other than cement, steel, bitumen
and Fuel and Lubricants) of the work.
The following percentages will govern the price adjustment for the entire contract:
1. Labour – PL 30%
2. Cement – PC 15%
3. Steel – PS 15%

Page 47 of 51
4. Plant and Machinery Spares – PP6 5%

5. Fuel & Lubricants 10%
6. Other materials – PM 25%
TOTAL 100 %7
The star rates shall be worked out as per the provisions of clause 40 (a) to 40 (d) based
on the price index issued from time to time by the Ministry of Commerce and Industry,
Government of India.
The liquidated damages for the whole of the works are

at 0.1% of the Contract Prices (amount) per day and that for the milestones are as under:
For Milestone 1: Rs._______/Day [41]
For Milestone 2: Rs. _______/Day
For Milestone 3: Rs. _______/Day
The maximum amount of liquidated damages for the whole of the works [41]
is ten percent of final contract price.
The amounts of the advance payment are: Not applicable [42]
The date by which “as-built” drawings (in scale 1 : 100 in 2 sets are required is within 30
days of issue of certificate of completion of Whole or Section of the Work as the case
may be. [48]
The date by which Operating and Maintenance Manuals are required is within 30 days of
issue of certificate of completion of Whole or Section of the Work as the case may be [48]
The amount to be withheld for failing to supply “as built” drawings or supply of
Operation and Maintenance Manuals by the date required is 0.1% of the contract value)
[48]
The following events shall also be fundamental breach of the contract : [49.2]
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 [50.1]
the Employer's additional cost for completing the Works shall be 30 percent.
/cost of balance work to be completed.
SECTION 7: SPECIFICATIONS

Page 48 of 51
Separately attached in E-Procurement portal
Work to be executed as per relevant MORTH, IRC, & KSRRB detailed Specifications

Page 49 of 51
SECTION 8: DRAWINGS
Enclosed separately in E-Procurement portal

Page 50 of 51
SECTION 9: BILL OF QUANTITIES
Separately attached
Rate (Rs)
Sl Description of item Quantity Unit In figures In words Amount
. (with brief specification (Rs)
N and reference to Book of
o. specification)
Please refer in E-Procurement Portal
Total Tender Rs. 10,37,52,829/-

Price (in figures)
TEN CRORES THIRTY SEVEN LAKHS FIFTY TWO THOUSAND EIGHT HUNDRED &
TWENTY NINE ONLY
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 11.2 and CC Clause 37.2).
(2) Unit rates and prices shall be quoted by the Tenderer in Indian Rupees.
(3) Where there is a discrepancy between the rate in figures and words, the lower of the two
will govern. [ITT Clause 24.1(a)]
(4) Where there is a discrepancy between the unit rate and the line item total resulting from
multiplying the unit rate by quantity, the unit rate quoted shall govern [ITT Clause 24.1
(b)]

Page 51 of 51
SECTION 10: FORMAT OF BANK GUARANTEE FOR SECURITY DEPOSIT
To: Housing Commissioner, Karnataka Housing Board, 3rd floor, Cauvery Bhavan, K.G.
Road, Bangalore.
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] 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]8 as 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 ____________________________________________

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Page 1 of 51

Karnataka Housing Board

TENDER FOR THE WORK OF : Proposed construction of Interior

TENDER REFERENCE : KHB/2017-18/BD/WORK_INDENT303

K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

1 INVITATION FOR TENDERS (IFT) 3

NOTICE TO PROCEED WITH THE WORK AND

K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

SECTION 1: INVITATION FOR TENDERS (IFT)

Date:15.05.2017 IFT No : 28 /2017-18

2. Tender documents may be downloaded from Government of Karnataka e-

K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

4. Tenders must be electronically submitted (on-line through internet) within the

K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

SECTION 2: INSTRUCTIONS TO TENDERERS (ITT)

7. Content of Tender documents

10. Documents comprising the Tender

15. Sealing and marking of Tenders

E. Tender opening and evaluation 13

19. Opening of First Cover of all Tenders and evaluation to determine

26. Award criteria

K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

31 Corrupt or Fraudulent Practices

K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

3. Qualification of the Tenderer:

1. Earthwork excavation ----- 3150.0 Cum

K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

3.3 Each Tenderer should further demonstrate:

(Minimum 50% of the required machinery should be owned by the Tenderer.

 Mobile weigh batch concrete mixer ----- 1 Nos.

We hereby agree to finance the tenderer Sri. ............................ To the tune of

Signed by Scheduled Bank Authorized Signatory

- made misleading or false representations in the forms, statements and

4. One Tender per Tenderer:

7. Content of Tender documents

K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

8. Clarification of Tender Documents

8.2 Pre-tender meeting:

9. Amendment of Tender documents

10. Documents comprising the Tender

10.1.2 Second Cover:

11. Tender prices

12. Tender validity

13. Earnest money deposit

K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

OTC payment procedure

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

NEFT payment procedure

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

The supplier/contractor’s bid will be evaluated only on confirmation of receipt of the

K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

14. Format and signing of Tender

15. Sealing and marking of tenders

16. Deadline for submission of the Tenders

16.1 Tenders must be submitted on line in the e-Procurement portal.

17. Late Tenders

18. Modification and Withdrawal of Tenders

E. Tender opening and evaluation

K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

This agreement, made the ___________day of 20_,