1

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GOVERNMENT OF KARNATAKA
Karnataka Public Works Department.
Executive Engineer, PWD, Quality Assurance Division Bangalore-01

TENDERS FOR THE WORK OF : Estimation for the service of Computer

Operator, Lab Technician, Lab Assistant and Vehicle Driver for the year 2024-25,
July 2024 to March 2025 for 1) Bangalore Quality Assurance Zone, Circle Office and
Division Office 2) Bangalore Sub Division

TENDER REFERENCE: (PWD/2024-25/OW/WORK_INDENT11111)

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 : Office of the Executive Engineer PWD,
ONE OF TENDERS Quality Assurance Division Bangalore
TIME AND DATE OF OPENING OF : Refer E-procurement portal
COVER TWO OF TENDERS
PLACE OF OPENING OF COVER : Office of the Executive Engineer PWD,
TWO OF TENDERS Quality Assurance Division Bangalore
ADDRESS FOR COMMUNICATION : Office of the Executive Engineer PWD,
Quality Assurance Division, Model House,
PWD Office Premises, K.R. Circle
Bangalore-560001

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Contents

Section Description

1 INVITATION FOR TENDERS (IFT)

2 INSTRUCTIONS TO TENDERERS (ITT)

3. QUALIFICATION INFORMATION

4. FORM OF TENDER, LETTER OF ACCEPTANCE, NOTICE TO

PROCEED WITH THE WORK AND AGREEMENT FORM

5. CONDITIONS OF CONTRACT (CC)

6. CONTRACT DATA

7. BILL OF QUANTITIES

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INVITATION FOR TENDERS (IFT)

Date: IFTNo. :01/2024-25 (PWD/2024-25/OW/WORK_INDENT11111)

1.The Executive Engineer PWD, Quality Assurance Division, 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.seamunder 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/IFT 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 .
4. Tenders must be electronically submitted (on-line through internet ) with in the
date and time published in e-procurement portal. First Cover Tenders will be opened
at prescribed time and date in the eProcurement portal , in the presence of the
Tenderers who wish to attend at the Office of the Executive Engineer, PWD, Quality
Assurance Division, Bangalore
5. A Pre-tender meeting will be held at published time and place in e-procurement
portal 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
Transactio
Pa n fee , only
Approximate
ck Earnest in case Period
value
ag Money Tenderers of
Name of work of work
e Deposit who wish completi
(Rs.)
No (Rs.) to on
. participate
.
1 2 3 4 5 6
Estimation for the service of
Computer Operator, Lab
Technician, Lab Assistant and
Vehicle Driver for the year
2024-25, July 2024 to March As per For the
Rs.
1 2025 for 1) Bangalore Quality Rs 37,940 eproc year
18,97,000
Assurance Zone, Circle Office portal 2024-25
and Division Office
2) Bangalore Sub Division
(PWD/2024-25/OW/ WORK_
INDENT11111)
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SECTION 2: INSTRUCTIONS TO TENDERERS (ITT)

Table of Clauses

A. General

1. Scope of Tender

2. Eligible Tenderers
3. Qualification of the Tenderer

B. Tender Documents

4. Content of Tender documents

5. Amendment of Tender documents

C. Preparation of Tenders

6. Documents comprising the Tender

7. Tender prices
8. Tender validity
9. Earnest money deposit

10. Format and signing of Tender

D. Submission of Tenders

11. Sealing and marking of Tenders

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

E. Tender opening and evaluation

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

qualified Tenderers
16. Opening of Second Cover Tenders of qualified Tenders and evaluation
17. Process to be confidential
18. Clarification of Tenders
19. Examination of Tenders and determination of responsiveness
20. Correction of errors
21. Evaluation and comparison of Tenders

F. Award of contract
22. Award criteria
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23. Employer’s right to accept any Tender and to reject any or all Tenders
24. Notification of award and signing of Agreement
25. Security deposit
26. Corrupt or Fraudulent Practices
A. General

1. Scope of Tender
1.1 The Executive Engineer PWD, Quality Assurance Division,
Bangalore(Referred to as Employer in these documents) invites tenders
following Two Cover tender procedure, from eligible Tenderers, for the
construction of works (as defined in these documents and referred to as "the
works") detailed in the Table given in the Invitation for Tenders (IFT). The
Tenderers may submit tenders for any or all of the works detailed in the table
given in IFT.
2. Eligible Tenderers
2.1 Tenderers shall not be under a declaration of ineligibilityfor 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.
3.2 To qualify for award of this contract each tendered in his name should have in the
last five years period. 2019-20 to 2023-24
a) Achieved in at least two financial years minimum financial turnover (in all
classes of civil engineering construction works only) of Rs. 20.00 Lakhs
certified by the Charted Accountant.
b) Satisfactory completed a prime contractor, at least one similar work such as
of value not less than Rs. 16.00 lakhs such as Providing Supply of
Driver, Computer Operator, watchman/peon (Usually not less than 80%
estimated value of contract) Certified by the not below the rank of
Executive Engineer
c) Executed in any one year (for a continuous period of 12 months), the
minimum quantities of work (usually 80% of annual requirement) for works
costing up to Rs.100 lakh:

Supply of Lab Technician ---- 01 NOS

Supply of Lab Assistant ---- 01 NOS
Supply of Typist / Computer Operator ---- 05 NOS
Supply of Driver ---- 01 NOS

d) The Tenderer or his identified sub-contractor should possess required valid

electrical license for executing building electrification works and should
have executed similar electrical works totaling Rs. Nil (usually not less
than 50% of the electrical works)* 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
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executed similar water supply/sanitary engineering works totaling RsNil

(usually not less than 50% of the water supply/sanitary engineering
works)* in any one year;1
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.)------ NIL

(b) liquid assets and /or availability of credit facilities of no less than Rs 6.00 lakhs
(Credit lines/ letter of credit/ certificates from banks for meeting the fund requirement
etc. (usually 30% of the amount of contract for works costing upto Rs.100 lakh).

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.
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*2.5 - B )
Where ;

A= Maximum value of works executed in any one year during the last five
years (updated to 2022-23 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.(6months)
B= Value, at 2024-25 price level, of existing commitments and on-going
works to be completed during the next 09 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:

1
This is for building works. Appropriately change for other works.
* The words in italics within the bracket are for the guidance of TIA and should be deleted in the final text.
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- made misleading or false representations in the forms, statements and

attachments submitted in proof of the qualification requirements; and/or
- record of poor performance such as abandoning the works, not properly
completing the contract, inordinate delays in completion, litigation history,
or financial failures etc.; and/or
- participated in the previous Tender for the same work and had quoted
unreasonably high tender prices and could not furnish rational justification.

B. Tender documents

4. Content of Tender documents

The Contractor should go through the Tender Document and submit the
response
Technical/commercialthrough e-procurement portal online after downloading
the tender.

5. Amendment of Tender documents

5.1 Before the deadline for submission of tenders, the Employer may modify the
tender documents by issuing addenda.
5.2 Any addendum thus issued shall be part of the tender documents and shall be
posted online in the e-procurement portal which Contractors should download.
5.3 To give prospective Tenderers reasonable time in which to take an addendum
into account in preparing their tenders, the Employer shall extend as necessary
the deadline for submission of tenders on line through e-procurement portal, in
accordance with Sub-Clause 12.2 below.

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C. Preparation of Tenders

6. Documents comprising the Tender

6.1 The tender submitted by the Tenderer shall be in two covers and shall contain
the documents as follows::
6.1.1 First Cover: ( Only online )
(a) Earnest Money Deposit; on line payment through e-Procurement
platform.
(a) Qualification Information as per formats given in Section 3; Qualification
Information.

6.1.2 Second Cover: ( Only online )

(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.
6.2 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.

7. Tender prices
7.1 The contract shall be for the whole works as described in Sub-Clause 1.1,
based on the priced Bill of Quantities submitted by the Tenderer.
7.2 The Tenderer shall fill in rates and prices and line item total (both in figures
and words) for all items of the Works described in the Bill of Quantities along
with total tender price (both in figures and words). Items for which no rate
or price is entered by the Tenderer will not be paid for by the Employer
when executed and shall be deemed covered by the other rates and prices
in the Bill of Quantities.Corrections, if any, shall be made online only
before the submission of the bid.
7.3 All duties, taxes, and other levies payable by the contractor under the contract,
or for any other cause, shall be included in the rates, prices and total Tender
Price submitted by the Tenderer.
7.4 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

8. Tender validity
8.1 Tenders shall remain valid for a period not less than ninety days after the
deadline date for tender submission specified in Clause 12. A tender valid for
a shorter period shall be rejected by the Employer as non-responsive.
8.2 In exceptional circumstances, prior to expiry of the original time limit, the
Employer may request that the Tenderers may extend the period of validity for
a specified additional period. The request and the Tenderers' responses shall
be made in writing or by cable. A Tenderer may refuse the request without
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forfeiting his earnest money deposit. A Tenderer agreeing to the request will
not be required or permitted to modify his tender, but will be required to extend
the validity of his earnest money deposit for a period of the extension, and in
compliance with Clause 9 in all respects.

9. Earnest money deposit

9.1 Earnest Money Deposit/ Bid security

The supplier/contractor can pay the Earnest Money Deposit (EMD) in the e-
Procurement portal using any of the following payment modes:

Rs. NIL) in the following form;

Credit Card
Direct Debit
 National Electronic Fund Transfer (NEFT)
 Over the Counter (OTC)

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

payment (EMD) in the Government of Karnataka central pooling a/c held at Axis
Bank

EMD amount will have to be submitted by the supplier/contractor taking into account
the following conditions:

a. EMD will be accepted only in the form of electronic cash for an amount not less
than Rs. 50,000.00Lakh (and not through Demand Draft ) 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

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For details on e-Payment services refer to e-procurement portal for more details on the

process.

Refund of EMD

Based on the instructions of Tender Accepting Authority (TAA) the EMD amount of
the unsuccessful bidders will be refunded to the respective Bank a/c’s of the
supplier/contractor registered in the e-Procurement system .

9.2 Instruments having fixed validity issued as earnest money deposit for the
tender shall be valid for 45 days beyond the validity of the tender.
9.3 Any tender not accompanied by an acceptable earnest money deposit and not
secured as indicated in Sub-Clauses 9.1 and 9.2 above shall be rejected by the
Employer as non-responsive.
9.4 The earnest money deposit of unsuccessful Tenderers will be returned within
30 days of the end of the tender validity period specified in Sub-Clause 8.1.
9.5 The earnest money deposit of the successful Tenderer will be discharged when
the Tenderer has signed the Agreement and furnished the required Performance
Security.
9.6 The earnest money deposit may be forfeited:
(a) if the Tenderer withdraws the Tender after tender opening during the
period of tender validity;
(b) if the Tenderer does not accept the correction of the Tender Price,
pursuant to Clause 19; or

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(c) in the case of a successful Tenderer, if the Tenderer fails within the
specified time limit to
(i) sign the Agreement; or
(ii) furnish the required Security deposit

10. Format and signing of Tender

Tenderer shall submit the Bid electronically before the submission date and
time published in eprocurement portal.

D. Submission of Tenders

11. Tenderer shall submit the Bid electronically before the submission date and
time published .

12. Deadline for submission of the Tenders

12.1 The Employer may extend the deadline for submission of tenders by
issuing an amendment in accordance with Clause 5, in which case all rights and
obligations of the Employer and the Tenderers previously subject to the original
deadline will then be subject to the new deadline.

13. Late Tenders

13.1 In online eprocurement system ,you shall not be able to submit the bid after
the bid submission time and date as the icon or the task in the eprocurement
portal will not be available.

14. Modification and Withdrawal of Tenders

Tender has all the time to modify and correct or upload any relevant
document in the portal till Bid submission date and time ,as published in the
eprocurement portal .

E- Tender opening and evaluation

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

qualified Tenderers:

15.1 The Employer will open online the First Covers of all the Tenders received
through eprocurement portal, in the presence of the Tenderers or their
representatives who choose to attend at 11.00 hours on the date and the place
specified in the e-procurement portal. In the event of the specified date of
Tender opening being declared a holiday for the Employer, the Tenders will be
opened at the appointed time and location on the next working day.

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15.3 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.
15.4 The Employer shall prepare minutes of the Tender opening, including the
information disclosed to those present in accordance with Sub-Clause 15.3.
15.6 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

16 Opening of Second Cover of qualified Tenderers and evaluation:

16.1 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 online the Second Covers of Qualified Tenderers at the
appointed time and date ( as indicated in the e-Procurement Portal ) 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.

16.4 The Employer shall prepare minutes of the Second Cover Tender opening.

17. Process to be confidential

17.1 Information relating to the examination, clarification, evaluation, and

comparison of Tenders and recommendations for the award of a contract shall
not be disclosed to Tenderers or any other persons not officially concerned
with such process until the award to the successful Tenderer has been
announced. Any effort by a Tenderer to influence the Employer's processing of
Tenders or award decisions may result in the rejection of his Tender.

18 Clarification of Tenders

18.1 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 .
18.2 Subject to sub-clause 18.1, no Tenderer shall contact the Employer on any
matter relating to its Tender from the time of the Tender opening to the time
2
The evaluation of the technical aspects contained in the first cover should be completed within a reasonable
period and the time gap between the opening of the first and second cover should be the minimum and in any
case not more than 45 days {In exceptional cases, approval of the Secretary to the Government of the concerned
Department/Managing Director of the Corporation shall be obtained, where the period is more than 45 days but
less than 60 days. If it exceeds 60 days the tenders shall be reinvited.
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the contract is awarded. If the Tenderer wishes to bring additional information

to the notice of the Employer, it should do so in writing.
18.3 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.

19. Examination of Tenders and determination of responsiveness

19.1 Prior to the detailed evaluation of Tenders, the Employer will determine
whether each Tender; (a) has digitally signed; and; (b) is substantially
responsive to the requirements of the Tender documents.
19.2 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.
19.3 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.
20 Correction of errors
The Tenderer can do Modifications before submitting their bids online only.

21. Evaluation and comparison of Tenders

21.1 The Employer will evaluate and compare only the Tenders determined to be
substantially responsive in accordance with Clause 19.
21.3 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.
21.4 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 analysis 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 25 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.

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F. Award of Contract
22. Award Criteria

22.1 Subject to Clause 24, 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.

23. Employer's right to accept any Tender and to reject any or all Tenders

23.1 Notwithstanding Clause 22, 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.

24. Notification of award and signing of Agreement

24.1 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, e-mail or
facsimile or e-procurement portal or through 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").
24.2 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 25.
24.3 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.
25.4 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.

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25. Security deposit

25.1 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 condition of the contract for all works.
 Fixed Deposit Receipt in favor of The Executive Engineer, PWD,
Quality Assurance Division, Bangalore
 A bank guarantee in the form given in Section 10
25.2 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.
25.3 The security deposit if furnished in demand draft can, if requested, be
converted to interest bearing securities at the cost of the contractor.
25.4 Failure of the successful Tenderer to comply with the requirements of Sub-
Clause 25.1 shall constitute sufficient grounds for cancellation of the award
and forfeiture of the Earnest money deposit.

26. Corrupt or Fraudulent practices

26.1 The GOK requires that the Tenderers/Suppliers/Contractors, observe the
highest standard of ethics during the procurement and execution of such
contracts. In pursuance of this policy, GOK :
(a) will reject a proposal for award if it determines that the Tenderer
recommended for award has engaged in corrupt or fraudulent practices
in competing for the contract in question;
(b) will declare a firm ineligible, either indefinitely or for a stated period of
time, to be awarded a GOK contract if it at any time determines that the
firm has engaged in corrupt or fraudulent practices in competing for, or
in executing, a GOK contract.
26.2 Furthermore, Tenderers shall be aware of the provision stated in sub-clause
43.2 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:
_______________________________

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1.2 Total value of works

executed and payments received in the last five years
(in Rs. Lakhs) 2017-
18_____________
2018-
19______________
2019-
20______________
2020-
21______________
2021-
22______________

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.
Projec Name of Descriptio Contrac Value Date Specifie Actual Remarks
t Employe n of Work t of of d period date of explaining
Name r Number contrac issue of complet reasons
t Rs of complet - ion for delay
Lakhs Wor - ion in
k completio
n 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
Employe performed ( As per (Indicate
r Section 3 Qualification contract
of the Tenderer Clause reference
3.2 ( c )) )
1 2 3 4 5
2017-18
2018-19
2019-20
2020-21
2021-22

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.
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(A) Existing commitments and on-going works:

Description Place Contrac Name & Value Stipulated Value of Anticipate

of Work & t No. & Date of period of works d date of
State Date Address of Contrac completio remaining completio
Employer t (Rs. n to be n
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 & Estimate Stipulated Date Remark

& Date d value period of when s if any
State Address of works completio decision
of (Rs. n is
Employe Lakhs) expecte
r d
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
Owne Remark
Item of Equipment No. Number/Capacity
d s
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.

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:
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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, namelyRemarks (Indicate
contract reference) Supplying of Lab Technician, Lab Assistant, Computer Operator
and Driver Through outsources for the office of the Executive Engineer, PWD,
Quality Assurance Bangalore Division, K R Circle, Bangalore.( (PWD/2023-
24/OW/WORK_INDENT7805-CALL-2))is awarded to the above firm, we shall be
able to provide overdraft/credit facilities to the extentofRs28.00Lakhsto 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.
(Attach Certificate from the respective employers.)

Item of Work Value of Sub-Contract Identified Sub-Contractor

Experience of similar work (Name and
address)

DELETED

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.

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SECTION 4: FORMS OF TENDER, LETTER OF ACCEPTANCE, NOTICE

TO PROCEED WITH THE WORK AND AGREEMENT FORM

Form of Tender

Description of the :Supplying of Lab Technician, Lab Assistant, Computer

Operator and Driver Through outsources for the office of the Chief Engineer,
PWD, Quality Assurance Zone, Bangalore.(
PWD/2023-24/OW/WORK_INDENT7805-CALL-2)
Tender

To:

The Executive Engineer

PWD, Quality Assurance Division
Bangalore

GENTLEMEN,

We offer to execute the Works described above in accordance with the

Conditions of Contract accompanying this Tender for the Contract Price of
……………………………… ( in fig)
………………………………………………………………………( in letters)

This Tender and your written acceptance of it shall constitute a binding

contract between us. We understand that you are not bound to accept the lowest or
any Tender you receive.
We undertake that, in competing for (and, if the award is made to us, in executing) the
above contract, we will strictly observe the laws against fraud and corruption in force
in India namely “Prevention of Corruption Act 1988”.

We hereby confirm that this Tender complies with the Tender validity and
Earnest money deposit required by the Tender documents.

We attach herewith our current income-tax clearance certificate.

Yours faithfully,

Authorized Signature:

Name & Title of Signatory:

_________________________________________________________________

Name of Tenderer ______________________________________________

Address: ----------------------------------------------------------------------
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----------------------------------------------------------------------

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
Supplying of Lab Technician, Lab Assistant, Computer Operator and Driver
Through outsources for the office of the Executive Engineer, PWD, Quality
Assurance Bangalore Division, Bangalore
PWD/2023-24/OW/WORK_INDENT7805-CALL-2 for the Contract Price of
Rupees () [amount in words and figures], as corrected and modified in accordance
with the Instructions to Tenderers is hereby accepted by our Agency.

You are hereby requested to furnish Security deposit in the form detailed in Clause
25.1 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 1Years and sign the contract, failing which action as stated in Para
25.4 of ITT will be taken.

Yours faithfully,

Authorized Signature

Name and Title of Signatory

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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 25.1 and signing of the contract agreement Supplying of Lab Technician,
Lab Assistant, Computer Operator and Driver Through outsources for the office
of the Execctive Engineer, PWD, Quality Assurance Division, Bangalore
PWD/2023-24/OW/WORK_INDENT7805-CALL-2at 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)

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Agreement Form

Agreement

This agreement, made the ___________________day of ______________20_______,

betweenThe Executive Engineer PWD, Quality Assurance Division,
Bangalore(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 to execute Supplying of Lab
Technician, Lab Assistant, Computer Operator and Driver Through outsources
for the office of the Executive Engineer, PWD, Quality Assurance Division,
Bangalore PWD/2023-24/OW/WORK_INDENT7805-CALL-2 (hereinafter called
“the Works”) and the Employer has accepted the Tender by the Contractor for the
execution and completion of such Works and the remedying of any defects therein at
a contract price of Rupees...............................

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expression shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred
to, and they shall be deemed to form and be read and construed as part of this
Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to
execute and complete the Works and remedy any defects therein in conformity in
all aspects with the provisions of the Contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the
execution and completion of the Works and the remedying the defects wherein
the Contract Price or such other sum as may become payable under the provisions
of the Contract at the times and in the manner prescribed by the Contract.
4. The following documents shall be deemed to form and be read and construed as
part of this Agreement, viz:
i) Letter of Acceptance;
ii) Notice to proceed with the works;
iii) Contractor’s Tender;
iv) Contract Data;
v) Conditions of contract (including Special Conditions of Contract);
vi) Specifications;
vii) Drawings;
viii) Bill of Quantities; and
ix) Any other document listed in the Contract Data as forming part of the
contract.

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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
_____________________________________________________

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SECTION 5: CONDITIONS OF CONTRACT

Table of Contents

A. General
1. Definitions
2. Interpretation
3. Law governing contract
4. Employers decisions
5. Delegation
6. Communications
7. Subcontracting
8. Other Contractors
9. Personnel
10. Employer’s and Contractor’s risks

11. Employer’s risks

12 Contractor’s risks
13 Query about Contract Data
14 Contractor to construct the Works
15. The Works to be completed by Intended Completion
Date
16. Safety
17. Discoveries
18. Possession of the Site

19. Access to the Site

20. Instructions

B. Time Control

21. Program
22. Extension of the Intended Completion Date
23. Delays ordered by the Employer

24. Management meetings

C. Quality Control

25. Identifying defects

26. Tests

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27. Correction of defects

28. Uncorrected defects

D. Cost Control

29 Bill of Quantities (BOQ)

30 Variations
31. Payment for Variations

32. Submission of bills for payment

33 Payments
34. Compensation events

35. Tax
36. Liquidated damages

37. Cost of repairs

E Finishing of Contract

38. Completion
39. Taking Over
40. Final account
41. As built drawings and/or Operating and Maintenance
Manuals
42. Termination
43 Payment upon termination
44. Property
45. Release from performance

F Special Conditions of Contract

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Conditions of Contract

A. General

1. Definitions

1.1 Terms which are defined in the Contract Data are not also defined in the
Conditions of Contract but keep their defined meanings. Bold letters are used
to identify defined terms.

Bill of Quantities means the priced and completed Bill of Quantities forming
part of the Tender.
Compensation events are those defined in Clause 34 hereunder.
The Completion Date is the date of completion of the Works as certified by
the Employer in accordance with Sub Clause 38.1
The Contract is the contract between the Employer and the Contractor to
execute, complete and maintain the Works. It consists of the documents listed
in Clause 2.3 below.
The Contract Data defines the documents and other information which
comprise the Contract.
The Contractor is a person or corporate body whose Tender to carry out the
Works has been accepted by the Employer.
The Contractor's Tender is the completed Tender document submitted by the
Contractor to the Employer.
The Contract price is the price stated in the Letter of Acceptance and
thereafter as adjusted in accordance with the provisions of the Contract.
Days are calendar days; months are calendar months.
A Defect is any part of the Works not completed in accordance with the
Contract.
The Defects liability period is the period named in the Contract Data and
calculated from the Completion Date.
The Employer is the party who will employ the Contractor to carry out the
Works.
Equipment is the Contractor's machinery and vehicles brought temporarily to
the Site to construct the Works.
The Initial Contract price is the Contract Price listed in the Employer's Letter
of Acceptance.
The Intended Completion Date is the date on which it is intended that the
Contractor shall complete the Works. The Intended Completion Date is
specified in the Contract Data. The Intended Completion Date may be revised
only by the Employer by issuing an extension of time.
Materials are all supplies, including consumables, used by the contractor for
incorporation in the Works.
Plant is any integral part of the Works which is to have a mechanical,
electrical, electronic or chemical or biological function.
The Site is the area defined as such in the Contract Data.
Specification means the Specification of the Works included in the Contract
and any modification or addition made or approved by the Employer.
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The Start Date is given in the Contract Data. It is the date when the Contractor
shall commence execution of the works. It does not necessarily coincide with
any of the Site Possession Dates.
A Subcontractor is a person or corporate body who has a Contract with the
Contractor to carry out a part of the work in the Contract which includes work
on the Site.
A Variation is an instruction given by the Employer which varies the Works.
The Works are what the Contract requires the Contractor to construct, install,
and turn over to the Employer, as defined in the Contract Data.

2. Interpretation

2.1 In interpreting these Conditions of Contract, singular also means plural, male
also means female or neuter, and the other way around. Headings have no
significance. Words have their normal meaning under the language of the
Contract unless specifically defined. The Employer will provide instructions
clarifying queries about the Conditions of Contract.
2.2 The documents forming the Contract shall be interpreted in the following order
of priority:
(1) Agreement
(2) Letter of Acceptance, notice to proceed with the works
(3) Contractor’s Tender
(4) Contract Data
(5) Conditions of Contract
(6) Specifications
(7) Drawings
(8) Bill of quantities and
(9) Any other document listed in the Contract Data as forming part of the
Contract.

3. Law governing contract

3.1 The law governing the Contract is the Laws of India supplanted by the
Karnataka Local Acts.

4. Employer's decisions

4.1 Except where otherwise specifically stated, the Employer will decide
contractual matters between the Employer and the Contractor.

5. Delegation

5.1 The Employer may delegate any of his duties and responsibilities to other
people after notifying the Contractor and may cancel any delegation after
notifying the Contractor.

6. Communications

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6.1 Communications between parties which are referred to in the conditions are
effective only when in writing. A notice shall be effective only when it is
delivered (in terms of Indian Contract Act).

7. Subcontracting

7.1 Deleted

8. Other Contractors

8.1 The Contractor shall cooperate and share the Site with other contractors, public
authorities, utilities, and the Employer.

9. Personnel

9.1 The Contractor shall employ the technical personnel (of number and
qualifications) as may be stipulated by GOK from time to time during the
execution of the work. The technical staff so employed shall be available at site
as may be stipulated by the Employer.
9.2 If the Employer asks the Contractor to remove a person who is a member of the
Contractor’s staff or his work force stating the reasons, the Contractor shall
ensure that the person leaves the Site within seven days and has no further
connection with the work in the Contract.

10. Employer’s and Contractor's risks

10.1 The Employer carries the risks which this Contract states are
Employer’s risks, and the Contractor carries the risks which this Contract states
are Contractor’s risks.

11. Employer's risks

11.1 The Employer is responsible for the excepted risks which are:
(a) In so for as 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

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12.1 All risks of loss of or damage to physical property and of personal

injury and death which arise during and in consequence of the performance of
the Contract other than the excepted risks are the responsibility of the
Contractor.

13. Queries about the Contract Data

13.1 The Employer will clarify queries on the Contract Data.

14. Contractor to construct the Works

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

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

15.1 The Contractor may commence execution of the Works on the Start
Date and 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.

16. Safety

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

17. Discoveries

17.1 Anything of historical or other interest or of significant value

unexpectedly discovered on the Site is the property of the Employer. The
Contractor is to notify the Employer of such discoveries and carry out the
Employer's instructions for dealing with them.

18. Possession of the Site

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

19. Access to the Site

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

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

B. Time Control
21. Program

21.1 Within the time stated in the Contract Data the Contractor shall
submit to the Employer for approval a Program showing the general methods,
arrangements, order, and timing for all the activities in the Works.
21.2 The Employer's approval of the Program shall not alter the
Contractor's obligations. The Contractor may revise the Program and submit it
to the Employer again at any time. A revised Program is to show the effect of
Variations and Compensation Events.
22. Extension of the Intended Completion Date

22.1 The Employer shall extend the Intended Completion Date if a

Compensation Event occurs or a Variation is issued which makes it impossible
for Completion to be achieved by the Intended Completion Date.
22.2 The Employer shall decide whether and by how much to extend the
Intended Completion Date within 21 days of the Contractor asking the
Employer for a decision upon the effect of a Compensation Event or Variation
and submitting full supporting information.
23. Delays ordered by the Employer

23.1 The Employer may instruct the Contractor to delay the start or
progress of any activity within the Works.
24. Management meetings

24.1 The Employer may require the Contractor to attend a management

meeting. The business of a management meeting shall be to review the
progress achieved and the plans for remaining work.
24.2 The responsibility of the parties for actions to be taken is to be
decided by the Employer either at the management meeting or after the
management meeting and stated in writing to be distributed to all who attended
the meeting.

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C. Quality Control
25. Identifying defects

25.1 The Employer shall check the Contractor's work and notify the
Contractor of any Defects that are found. Such checking shall not affect the
Contractor's responsibilities. The Employer may instruct the Contractor to
search for a Defect and to uncover and test any work that the Employer
considers may have a Defect

26. Tests

26.1 If the Employer instructs the Contractor to carry out a test not
specified in the Specification to check whether any work has a Defect and the
test shows that it does, the Contractor shall pay for the test and any samples. If
there is no Defect the test shall be a Compensation Event.

27. Correction of defects

27.1 The Employer shall give notice to the Contractor of any Defects
before the end of the Defects Liability Period, which begins at Completion and
is defined in the Contract Data. The Defects Liability Period shall be extended
for as long as Defects remain to be corrected.
27.2 Every time notice of a Defect is given, the Contractor shall correct the
notified Defect within the length of time specified by the Employer’s notice.

28. Uncorrected defects

28.1 If the Contractor has not corrected a Defect within the time specified in the
Employer’s notice, the Employer will assess the cost of having the Defect
corrected, and the Contractor will pay this amount.

D . Cost Control

29. Bill of Quantities (BOQ)

29.1 The BOQ shall contain items for the construction, installation,
testing, and commissioning work to be done by the Contractor.
29.2 The BOQ is used to calculate the Contract Price. The Contractor is
paid for the quantity of the work done at the rate in the BOQ for each item

30. Variations

30.1 The Employer shall have power to order the Contractor to do any or
all of the following as considered necessary or advisable during the progress of
the work by him
(a) Increase or decrease of any item of work included in the Bill of Quantities
(BOQ);
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(b) Omit any item of work;

(c) Change the character or quality or kind of any item of work;
(d) Change the levels, lines, positions and dimensions of any part of the work;
(e) Execute additional items of work of any kind necessary for the completion
of the works; and
(f) Change in any specified sequence, methods or timing of construction of any
part of the work.
30.2 The Contractor shall be bound to carry out the work in accordance
with any instructions in this connection, which may be given to him in writing
by the Employer and such alteration shall not vitiate or invalidate the contract.
30.3 Variations shall not be made by the Contractor without an order in writing
by the Employer, provided that no order in writing shall be required for
increase or decrease in the quantity of an item appearing in the BOQ so long as
the work executed conforms to the approved drawings.
30.4 The Contractor shall promptly request in writing the Employer to confirm
verbal orders and if no such confirmation is received within 30 days failing
which the work shall be carried out as though there is no variation. In case
variation is approved it shall be accompanied by BOQ, failing which the
contractor shall be responsible for deviation if any. Further approval of Govt.
has to be obtained for the variation exceeding 5%.

31. Payments for Variations

31.1 Payment for increase in the quantities of an item in the BOQ up to 25% of that
provided in the Bill of Quantities shall be made at the rates quoted by the
Contractor.
31.2 For quantities in excess of 125% of the tendered quantity of an item as given in
the BOQ, the Contractor shall be paid at the rate entered in or derived from in
the Schedule of Rates (applicable for the area of the work and current at the
time of award of contract) plus or minus the overall percentage of the original
tendered rates over the current Schedule of Rates prevalent at the time of award
of contract.
31.3 If there is no rate for the additional, substituted or altered item of the work
in the BOQ, efforts would be made to derive the rates from those given in the
BOQ or the Schedule of Rates (applicable for the area of the work and current
at the time of award of contract) and if found feasible the payment would be
made at the derived rate for the item plus or minus the overall percentage of the
original tendered rates over the current Schedule of Rates prevalent at the time
of award of contract
31.4 If the rates for additional, substituted or altered item of work cannot be
determined either as at 31.1 or 31.2 or 31.3 above, the Contractor shall be
requested to submit his quotation for the items supported by analysis of the rate
or rates claimed, within 7 days.
31.5 If the Contractor's quotation is determined unreasonable, the Employer may
order the Variation and make a change to the Contract Price which shall be
based on Employer’s own forecast of the effects of the Variation on the
Contractor's costs.

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31.6 If the Employer decides that the urgency of varying the work would
prevent a quotation being given and considered without delaying the work, no
quotation shall be given and the Variation shall be treated as a Compensation
Event.
31.7 Under no circumstances the Contractor shall suspend the work on the
plea of non-settlement of rates for items falling under this Clause.

32. Submission of bills for payment

32.1 The Contractor shall submit to the Employer monthly bills of the
value of the work completed less the cumulative amount paid previously.
32.2 The Employer shall check the Contractor's bill and determine the
value of the work executed which shall comprise of (i) value of the quantities
of the items in the BOQ completed and (ii) valuation of Variations and
Compensation Events.
32.3 The Employer may exclude any item paid in a previous bill or reduce
the proportion of any item previously paid in the light of later information.

33. Payments

33.1 Payments shall be adjusted 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 the liquidated damages for short fall in progress. For progress beyond the
approved program, payment is subject to availability of grants.

33.2 Items of works for which no rates or price has been entered in will
not be paid for by the Employer and shall be deemed covered by other rates
and prices in the contract.

34. Compensation events

34.1 The following are Compensation events unless they are caused by the
Contractor:
(a) The Employer does not give access to a part of the Site by the Site
Possession Date stated in the Contract Data.
(b) The Employer orders a delay or does not issue drawings,
specifications or instructions required for execution of works on time.
(c) The Employer instructs the Contractor to uncover or to carry out
additional tests upon work which is then found to have no Defects.
(d) The Employer gives an instruction for dealing with an unforeseen
condition, caused by the Employer, or additional work required for
safety or other reasons.
(e) The effect on the Contractor of any of the Employer’s Risks.
(f) The Employer unreasonably delays issuing a Certificate of
Completion.

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(g) Other Compensation Events listed in the Contract Data or mentioned

in the Contract.

34.2 If a Compensation Event would cause additional cost or would

prevent the work being completed before the Intended Completion Date, the
Contract Price shall be increased and/or the Intended Completion Date is
extended. The Employer shall decide whether and by how much the Contract
Price shall be increased and whether and by how much the Intended
Completion Date shall be extended.
34.3 As soon as information demonstrating the effect of each
Compensation event upon the Contractor's forecast cost has been provided by
the Contractor, it is to be assessed by the Employer and the Contract Price shall
be adjusted accordingly. If the Contractor's forecast is deemed unreasonable,
the Employer shall adjust the Contract Price based on Employer’s own
forecast. The Employer will assume that the Contractor will react competently
and promptly to the event.
34.4 The Contractor shall not be entitled to compensation to the extent that
the Employer's interests are adversely affected by the Contractor not having
given early warning or not having cooperated with the Employer.

35. Tax

35.1 The rates quoted by the Contractor shall be deemed to be inclusive of the sales
and other taxes that the Contractor will have to pay for the performance of this
Contract. The Employer will perform such duties in regard to the deduction of
such taxes at source as per applicable law.

36. Liquidated damages

36.1 The Contractor shall pay liquidated damages to the Employer at the rate per
day stated in the Contract Data for each day that the Completion Date is later
than the Intended Completion Date (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.
36.2 If the Intended Completion Date is extended after liquidated damages have
been paid, the Employer shall correct any overpayment of liquidated damages
by the Contractor by adjusting the next payment of bill.

37. Cost of Repairs:

37.1 Loss or damage to the Works or Materials to be incorporated in the Works

between the Start Date and the end of the Defects Correction periods shall be
remedied by the Contractor at the Contractor's cost if the loss or damage arises
from the Contractor's acts or omissions.

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E. Finishing the Contract

38. Completion

38.1 The Contractor shall request the Employer to issue a Certificate of Completion
of the Works and the Employer will do so upon deciding that the Work is
completed.

39. Taking over

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

40. Final account

40.1 The Contractor shall supply to the Employer a detailed account of the total
amount that the Contractor considers payable under the Contract before the end
of the Defects Liability Period. The Employer shall issue a Defect Liability
Certificate and certify any final payment that is due to the Contractor within 90
days of receiving the Contractor's account if it is correct and complete. If it is
not, the Employer shall issue within 90 days a schedule that states the scope of
the corrections or additions that are necessary. If the Final Account is still
unsatisfactory after it has been resubmitted, the Employer shall decide on the
amount payable to the Contractor and make payment within 60 days of
receiving the Contractor’s revised account.

41. As built drawings

41.1 If “as built” Drawings and/or operating and maintenance manuals are required,
the Contractor shall supply them by the dates stated in the Contract Data.
41.2 If the Contractor does not supply the Drawings by the dates stated in the
Contract Data, or they do not receive the Employer’s approval, the Employer
shall withhold the amount stated in the Contract Data from payments due to the
Contractor.

42. Termination

42.1 The Employer may terminate the Contract if the other party causes a
fundamental breach of the Contract.
42.2 Fundamental breaches of Contract include, but shall not be limited to the
following:
(a) the Contractor stops work for 45 days when no stoppage of work is
shown on the current Program and the stoppage has not been
authorized by the Employer;
(b) Deleted.
(c) The Contractor becomes bankrupt or goes into liquidation other than
for a reconstruction or amalgamation;
(d) Deleted
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(e) the Employer gives Notice that failure to correct a particular Defect is
a fundamental breach of Contract and the Contractor fails to correct it
within a reasonable period of time determined by the Employer;
(f) the Contractor does not maintain a security which is required;
(g) the Contractor has delayed the completion of works by the number of
days for which the maximum amount of liquidated damages can be
paid as defined in the Contract data; and
(h) if the Contractor, in the judgment of the Employer has engaged in
corrupt or fraudulent practices in competing for or in the executing
the Contract.
For the purpose of this paragraph : “corrupt practice” means the
offering, giving, receiving or soliciting of any thing of value to
influence the action of a public official in the procurement process or
in contract execution. “Fraudulent practice” means a
misrepresentation of facts in order to influence a procurement process
or the execution of a contract to the detriment of the Borrower, and
includes collusive practice among Tenderers (prior to or after Tender
submission) designed to establish Tender prices at artificial non-
competitive levels and to deprive the Borrower of the benefits of free
and open competition.”
42.3 When either party to the Contract gives notice of a breach of contract to the
Employer for a cause other than those listed under Sub Clause 42.2 above, the
Employer shall decide whether the breach is fundamental or not.
42.4 Notwithstanding the above, the Employer may terminate the Contract for
convenience.
42.5 If the Contract is terminated the Contractor shall stop work immediately, make
the Site safe and secure and leave the Site as soon as reasonably possible.

43. Payment upon Termination

43.1 If the Contract is terminated because of a fundamental breach of Contract by
the Contractor, the Employer shall prepare bill for the value of the work done
less advance payments received up to the date of the bill, less other recoveries
due in terms of the contract, less taxes due to be deducted at source as per
applicable law and less the percentage to apply to the work not completed as
indicated in the Contract Data. Additional Liquidated Damages shall not apply.
If the total amount due to the Employer exceeds any payment due to the
Contractor the difference shall be a debt payable to the Employer.
43.2 If the Contract is terminated at the Employer's convenience or because of a
fundamental breach of Contract by the Employer, the Employer shall prepare
bill for the value of the work done, the reasonable cost of removal of
Equipment, repatriation of the Contractor's personnel employed solely on the
Works, and the Contractor's costs of protecting and securing the Works and
less advance payments received up to the date of the certificate, less other
recoveries due in terms of the contract, and less taxes due to be deducted at
source as per applicable law and make payment accordingly.
44. Property

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44.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are
deemed to be the property of the Employer, if the Contract is terminated
because of a Contractor’s default.

45. Release from performance

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

General Conditions :
(a) 1% of the Tendered amount will be deducted towards “Labour Welfare
Fund “.
(b) The Tenderer has to produce all the relevant Documents as indicated in the
Bid Document in originals during the opening of 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.
(c) All other documents which are required to be submitted are to be uploaded
in the e-Procurement Portal in General Documents section, while
electronically submitting the bid. If any of the Documents as desired are not
submitted the Tender will be rejected.

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F. Special Conditions of Contract

1. Labour :

The Contractor shall, unless otherwise provided in the Contract, make his own
arrangements for the engagement of all staff and labour, local or other, and for
their payment, housing, feeding and transport.

The Contractor shall, if required by the Employer, deliver to the Employer a

return in detail, in such form and at such intervals as the Employer may
prescribe, showing the staff and the numbers of the several classes of labour
from time to time employed by the Contractor on the Site and such other
information as the Employer may require.

2. Compliance with labour regulations :

During continuance of the contract, the Contractor and his sub contractors shall
abide at all times by all existing labour enactments and rules made there under,
regulations, notifications and bye laws of the State or Central Government or
local authority and any other labour law (including rules), regulations, bye laws
that may be passed or notification that may be issued under any labour law in
future either by the State or the Central Government or the local authority. The
Contractor shall keep the Employer indemnified in case any action is taken
against the Employer by the competent authority on account of contravention
of any of the provisions of any Act or rules made there under, regulations or
notifications including amendments. If the Employer is caused to pay or
reimburse, such amounts as may be necessary to cause or observe, or for non-
observance of the provisions stipulated in the notifications/bye
laws/Acts/Rules/regulations including amendments, if any, on the part of the
Contractor, Employer shall have the right to deduct any money due to the
Contractor including his amount of security deposit. The Employer shall also
have right to recover from the Contractor any sum required or estimated to be
required for making good the loss or damage suffered by the Employer.

The employees of the Contractor and the Sub-Contractor in no case shall be

treated as the employees of the Employer at any point of time.

3. Protection of Environment:

The contractor shall take all reasonable steps to protect the environment on and off the
Site and to avoid damage or nuisance to persons or to property of the public or others
resulting from pollution, noise or other causes arising as a consequence of his
methods of operation. During continuance of the contract, the contractor and his sub-
contractors shall abide at all times by all existing enactments on environmental
protection and rules made there under, regulations, notifications and bye-laws of the
State or Central Government, or local authorities and any other law, bye-law,
regulations that may be passed or notification that may be issued in this respect in
future by the State or Central Government or the local authority.
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CONTRACT DATA
Items marked "N/A" do not apply in this Contract.
The following documents are also part of the Contract: Clause
Reference
The Employer is : [1.1]
Address: The Executive Engineer, PWD, Quality Assurance
Division, Bangalore
Name of authorized Representative: The name and identification
number of the Contract is The Works consists of : As per the
Section 9 of Bill of Quantities

The start date shall be the date of issue of notice to proceed with the Section 4
work

The Intended Completion Date for the whole of the Works is

SixMonths with the following milestongs

The Site Possession Date is: One week after the issue of work order. [18]

The Site is located at K R circle Bangalore. [1.1]

Andis defined in drawings nos, The Defects Liability Period is 12 [27]
months

The liquidated damages for the whole of the works are Rs. 0.10 % [36]
of contract price per day

The maximum amount of liquidated damages for the whole of the

works is ten percent of final contract price

The date by which “as-built” drawings (in scale 1:100) in 2 sets are [41]
required is within 30 days of issue of certificate of completion

The amount to be withheld for failing to supply “as built” drawings [41]
or supply of Operation and Maintenance Manuals by the date
required is 0.25% of contract price

The following events shall also be fundamental breach of the [42.2]

contract

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 [43.1]
representing the Employer's additional cost for completing the
Works shall be 30 percent.

Contractor Executive Engineer

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PWD, Quality Assurance Division

Bangalore

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SECTION 7: SPECIFICATIONS

Enclosed Separately in E-procurement portal

SECTION 8: DRAWINGS

Enclosed Separately in E-procurement portal

SECTION-9 BILL OF QUANTITIES

As indicated in E-procurement portal

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SECTION 10: FORMAT OF BANK GUARANTEE FOR SECURITY

DEPOSIT

To:

The Executive Engineer

No2 Buildings Division
Bangalore

WHEREAS _________________________ (hereinafter called "the Contractor")

has undertaken, in pursuance of Contract No. _____ dated ________________ to
Supplying of Lab Technician, Lab Assistant, Computer Operator and Driver
Through outsources for the office of the Executive Engineer, PWD, Quality
Assurance Division, Bangalore PWD/2023-24/OW/WORK_INDENT7805-
CALL-2 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._____________________Rupees__________________________
__________________________, and we undertake to pay you, upon your first written
demand and without cavil or argument, any sum or sums within the limits of
____________________ 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 ____________________________________________
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Date ____________________________________________

SECTION 11: FORMAT OF BANK GUARANTEE FOR EARNEST MONEY

DEPOSIT

(BANK GUARANTEE)

WHEREAS, _______________________ [name of Bidder] (hereinafter called "the

Bidder") has submitted his Bid dated _______________________ [date] for the
construction of _____________________________________ [name of Contract]
(hereinafter called "the Bid").

KNOW ALL PEOPLE by these presents that We

______________________________ [name of bank] of
____________________________ [name of country] having our registered office at
___________________________________ (hereinafter called "the Bank") are bound
unto ______________________________[name of Employer] (hereinafter called
"the Employer") in the sum of ___________________ 1 for which payment well and
truly to be made to the said Employer the Bank binds itself, his successors and assigns
by these presents.

SEALED with the Common Seal of the said Bank this _________ day of __________
19____.

THE CONDITIONS of this obligation are:

(1) If after Bid opening the Bidder withdraws his bid during the period of
Bid validity specified in the Form of Bid;
or
(2) If the Bidder having been notified of the acceptance of his bid by the
Employer during the period of Bid validity:

(a) fails or refuses to execute the Form of Agreement in

accordance with the Instructions to Bidders, if required; or

(b) fails or refuses to furnish the Performance Security, in

accordance with the Instruction to Bidders; or

(c) does not accept the correction of the Bid Price pursuant to
Clause 27;

we undertake to pay to the Employer up to the above amount upon receipt of his first
written demand, without the Employer having to substantiate his demand, provided
that in his demand the Employer will note that the amount claimed by him is due to
him owing to the occurrence of one or any of the three conditions, specifying the
occurred condition or conditions.
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This Guarantee will remain in force up to and including the date

____________________2 days after the deadline for submission of Bids as such
deadline is stated in the Instructions to Bidders or as it may be extended by the
Employer, notice of which extension(s) to the Bank is hereby waived. Any demand in
respect of this guarantee should reach the Bank not later than the above date.

DATE _______________ SIGNATURE OF THE BANK

_________________________

WITNESS ____________ SEAL _______________________________________

_________________________________________________________________
[signature, name, and address]

____________________________

1 The Bidder should insert the amount of the guarantee in words and figures
denominated in Indian Rupees. This figure should be the same as shown in
Clause 16.1 of the Instructions to Bidders.

2 45 days after the end of the validity period of the Bid.

Ref………….. Bank Guarantee No:

……..
Date: ……..

To: ______________________________________________ [name of Employer]

_________________________________________ [address of Employer]

WHEREAS _________________________ [name and address of Contractor]

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

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

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

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Rs.____________________ [amount of
guarantee]3_Rupees__________________________
__________________________[in words], and we undertake to pay you, upon
Contractor written demand and without cavil or argument, any sum or sums within
the limits of ____________________ [amount of guarantee]4 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 and conditions of the tender or of the Works to be performed there under or of
any of the tender documents.

This guarantee shall be irrevocable and valid until 45 days from the date of
expiry of the Tender Validity Period i.e.135 days from the date of opening the
tender. If any further extension of this guarantee is required, the same shall be
extended to such required period (not extending 1 year) on receiving instructions from
M/s………….. on whose behalf this guarantee is issued.

Witness,
………… (Signature) Signature and seal of the guarantor
_________________
………… (Name) Name of Bank
_________________________________
………… (Official address) Address
__________________________________
Date
_________________________________________

3
An amount shall be inserted by the Guarantor, representing the percentage of the EMD amount
specified in the Contract
4
An amount shall be inserted by the Guarantor, representing the percentage of the EMD amount
specified in the Contract

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