Line No 4
Line No 4
1
KW -4
Description
****
No. IADB/ENGG/ETND-EP-25/444/2024-25
TENDER REFERENCE :
Date:03.10.2024
2
KW -4
Sd/-
Chief Engineer-1
3
KW -4
Common Conditions:
1. Scope of work: The scope of works under this tender involves Providing power
Infrastructure etc. The works shall be executed as per detailed specifications and
directions of the engineer in charge of work.
2. The detailed scope is mentioned in future conditions
3. The Tender comprises two cover bid system.
a) Technical Bid containing details of information & documents as per
Clause 3 of ITT and formats in section 3 of qualification information.
b) Financial Bid containing only rates quoted in the format indicated in section 4 and
priced bill of quantities in section 9 through electronic tender. Financial bid of only
those tenderers who fulfill the eligibility criteria and qualify Technically, shall be
opened.
c) The Technical bids along with Part of the Earnest Money Deposit (EMD) i.e.,
Rs.18.55 lakhs should be paid through e-payment as specified in sub clause
10.1.1(a),(d) and 13.1 of Section. 2 of ITT in the e-procurement portal only using any
of the following four modes:
Credit Card.
Direct Debit.
National Electronic Fund Transfer (NEFT).
Over the Counter (OTC).
The part of the EMD amount of Rs.1.00 lakh accepted in the form of electronic cash
(not through DD/BG) and will be maintained in the Government of Karnataka central
pooling account held at ICICI Bank until the contract is closed.
The balance required EMD of Rs.17.55 lakhs to be furnished in the form of Bank
Guarantee (BG) of any Nationalized Bank/Scheduled Bank (as per RBI guidelines)
payable to “CEO & EM, KIADB, Bengaluru”. The EMD shall have to be valid for 45
days beyond the validity of the tender. The scanned copy of the BG should be
uploaded to the tender in the e-procurement platform. The Original Bank Guarantee
shall compulsorily produce & Submit for verification after the bid submission closing
time but before the opening of the technical bid date and time as specified in e-portal
to the concerned Assistant Engineer in TA Section, O/o CE-1, Head Office, KIADB.
The bidder shall note that the Original Bank Guarantee submitted through
post/other section of the Board if it doesn’t reach before the opening of the technical
bid date and time as specified in e-portal to the concerned Assistant Engineer in TA
Section will not be considered for technical evaluation. The bids of the contractors
who have failed to produce and submit the original bank guarantee of earnest money
deposit of tender before the opening of the technical bid date and time as specified in
e-portal to the concerned Assistant Engineer in TA Section, the bids will not be
opened/If it is opened by default/manual/electronic error the bid will not be
considered for technical evaluation and bid shall be rejected. Non reconciliation of
tender earnest money deposit receipt of payment in Government of Karnataka
central pooling account held at the ICICI Bank, the tender gets rejected.
d) The Tenderer/bidder shall upload the Similar Work done certificate (as per scope of
work) issued by the competent authority not below the rank of Executive Engineer
duly attested by the Notary/Gazette Officer. The work done certificate shall be in
the format as mentioned in the bid document compulsorily including all the relevant
details such as date of issue, year wise executed items & its quantities, date of
commencement & completion, actual date of completion of the work, contract
4
KW -4
amount, amount on completion of the work, work done certificate issued date with
organization name etc., Only the certificates issued by the Government
(state/central), Govt Under taking bodies shall be considered for technical &
financial evaluation of the tender. Work executed and work done certificates issued
under Joint ventures/partial turnkey basis shall not be considered for technical
evaluation of the bid and the bid shall be rejected. Certificates issued from private
individuals/private companies/private firms shall not be considered for technical
evaluation and the bid shall be rejected. The schedule-B/paid voucher shall not be
considered for technical evaluation and the bid shall be rejected.
e) The work done certificate to be countersigned by the officer not less than the rank of
Superintendent Engineer.
f) The bidders/Tenderer to upload the relevant contract agreement of work done
certificates executed between the parties.
g) The similar work done certificated shall be as mentioned in the scope of work &
tender conditions.
h) The Tenderer/bidder shall upload the annual turnover details along with balance
sheets including profit and loss statements, relevant documents supporting the
annual turnover, other documents issued by the competent authorizes, etc., duly
certified by a Chartered Accountant along with seal and the registration number
Notary/Gazette Officer. Failure in uploading the technical bid without mentioned
document, the technical bid of the tender is liable for rejection and the financial bid
will not be opened. The annual turnover for Electrical works tender shall be of
executed Electrical works only.
i) The Tenderer/bidder shall upload the valid Super Grade Electrical Contractors
License issued from KCEI as proof of eligibility as per the invitation of this bid.
Tender without valid registration certificate shall be rejected.
j) The bidder shall upload the ESI, Labour Insurance details issued by the competent
authority.
k) All the uploaded technical bid documents shall be attested by Notary/ Gazette
Officer
4. Aspiring Tenderers who have not obtained the user ID and password for participating in
e-tendering in KIADB may now obtain the same from the website
[Link]
5. Bidders/Contractors can access tender documents on the website, fill them and submit
the completed tender document into e-portal website itself with in the stipulated date &
time.
6. The Employer shall not be liable for any delays due to system failure beyond its control.
Even though the system will attempt to notify the Tenderers of any tender updates, the
Employer shall not be liable for any information not received by the Tenderers. It is the
Tenderer’s responsibility to verify the e-procurement portal for the latest information
related to this tender. The Tenderer is required to ensure browser capability of the
computer well in advance to the last date and time for submitting of the tenders. The
Employer shall not be responsible for non-accessibility of e-procurement portal due to
internet connectivity issues, technical glitches, partial uploaded etc.
7. Non submission of tender attracts action as per conditions stipulated in the rules of
Registration of contractors.
8. Defects liability period including routine maintenance of the work: 24 months for power
infrastructure works and 24 months for Street light works from the date of issue of
satisfactory completion certificate by the Engineer in-charge of the work. For
5
KW -4
substation, it is upto one year from the date of handing over the substation to the
KPTCL.
9. Any arbitrary clause is not applicable to this tender works.
10. Tendering through Joint Venture/partial turnkey basis is not allowed and it shall be
not considered for evaluation of the technical bid and shall be rejected.
11. The rates shall be clearly and legibly typed both in figures and words in
English only.
12. The successful bidder shall execute a contract agreement with the KIADB within the
time as specified in the Letter of Acceptance/Letter of Intent to execute the work. In
case, the successful bidder fails to execute the contract agreement as specified, the
tender is liable to be cancelled at the risk and cost of the successful bidder. The bidder
may be barred from participating in future tenders of the Board. The decision of the
tender approving authority shall be final.
13. The work shall be commenced with all earnestness within seven days from the date of
issue of work order, failing which it would be presumed that agency is not interested in
the work and action will be initiated to cancelled the work order issued, terminating the
contract agreement and work shall be executed through alternate agency at the risk
and cost of the defaulted agency. Further the defaulted agency may be barred from
participating in the future tender of the Board. The decision of the tender approving
authority shall be final.
14. The successful bidder/agency within 15 days from the date of work order. At the
site/work spot shall install all the plant/equipments etc., required for this work. The
plant/machineries/lab etc., shall not be shifted without prior written permission from
Engineer in charge of the work with respect to civil works and for electrical works. The
materials shall be as per the specification, and stored at site as per the guidelines/rules
of KPTCL/BESCOM and direction of the Engineer in charge. The bidder/agency is
responsible for the entire materials store at work spot.
15. The successful bidder during the executing of the work must produce the quality aspect
of the materials such as coarse and fine aggregates, cement, steel, etc, used for work,
certified at his own cost for civil works and electrical works as per the circular/
guidelines/rules of KPTCL/BESCOM.
16. Each Running bill of the work including the Final Bill to be passed for payment only
after the satisfactory report of third party inspection/PMC appointed by the Board
17. 1% of the tender amount will be deducted from the work bill towards Construction
Workers Welfare cess besides the other statutory deductions.
18. Corrigendums / modifications / corrections / cancellations / postpones / clarifications
/ extensions/opening of the bids etc., if any, will be published only in the website
[Link]
19. Conditional tenders, tenders without reconciliation in e-portal, tenders not properly
uploaded and late submission (not possible in e-portal) of tenders shall be rejected.
20. Incomplete tenders (uploading without completing the formats in section–3 of
Qualification Information) is liable for rejection.
21. If any of the event dates mentioned in this tender is declared a holiday, the next
working day will hold good without any change in the timings indicated.
22. The Chief Executive Officer & Executive Member reserves the right to accept /
reject any or all tenders without assigning any reasons during any stages of tender.
23. Further details of work can be obtained in the office of the undersigned / Executive
Engineer(substation) Zonal Offices, Bangalore on all working days.
24. All the documents mentioned in clause-3 under section-2 of ITT and formats &
details in section 3 (qualification information) should be compulsorily attested by a
Gazetted Officer or a Notary and shall be uploaded through e portal (online) in the
6
KW -4
proper sequence mentioned in the Bid documents. The originals of all the uploaded
documents (along with attested Xerox copies) shall be compulsorily produced for
verification within in 7 days from the date of opening of the technical bid and also at
any stage of tender process as and when sought for, failing which, the submitted bids
are liable for disqualification and will not be considered for technical evaluation. The
documents uploaded in the e-portal shall be legible. The uploaded documents which
are not attested / poorly scanned/ not visible properly/ blank documents/ unreadable
documents/ documents in other than English/Kannada language/ without proper
certified translation in English/Kannada language will not be considered for technical
evaluation & it will be rejected. Further failing to upload all the details in proper
sequence, producing them in original as per the conditions of this notification, sections
of ITT & qualification information are liable for disqualification. Further failing to
produce the original of all the upload documents within in seven days from the date of
opening of bid, shall be rejected. Further even if it is produced within seven days and
fail to produce at any stage of tender process when sought for additional verification is
liable for disqualification. Bidder shall upload all the details as per the section 3
(qualification information)
25. If there is no existing committed & ongoing works, the agency should upload an
affidavit stating that there is no existing commitments and ongoing works. The affidavit
should be attested by a Gazetted officer or a notary. Further the agency should
compulsorily upload all the details of existing committed and ongoing works in the
format as per clause 1.5(A) under section 3 – Qualification Information of the technical
bid. The uploaded details should be compulsorily supported and attached by the
certificates issued by the concerned Engineers in charge of the work not below the rank
of Executive Engineer. Further failing to upload the complete details, as per the
conditions of this notification, sections of ITT/ qualification information/ affidavit/other
related documents as mentioned in the tender conditions, the technical bid is liable for
disqualification and shall be rejected. Further self countered signed ongoing works
statement without relevant proof as mentioned above, the tender is liable for
disqualification and not consider for evaluation. Failing to upload the complete details
are liable for disqualification rejection of the tender.
26. The bidders whose technical bid is opened / considered for Technical evaluation shall
compulsorily submit all the original documents including the EMD declaration &
Attested Xerox copies of all the uploaded technical bid documents to the concerned
Assistant Engineer at TA section, Head Office, KIADB, Bengaluru, within 7 working
days and during office hours i.e., 10.30 am to 5.30 pm from the date of opening of
Technical bid positively for verification, failing which the opened technical bid may not
be considered for technical evaluation & the bid may be rejected. Further the original
documents should be produced for verification at any stage of tender process as and
when sought
27. The bidder should posses good conditioned machineries and the maximum age of the
plants & machineries required for this work should not exceed 5 years (i.e., Maximum
age limit as on the date of notification)
28. The bidder should have valid Registration certificate issued from Provident Fund
Authority & shall upload the same along with PF paid receipt of last 2 years.
29. The bidder should have valid Labour Registration certificate issued from Department of
Labour & shall upload the same.
30. The bidder should have valid Registration certificate issued from ESIC & should shall
upload the same along with ESI paid receipt of last 2 years.
31. The bidder should have valid Registration certificate & clearance issued from Karnataka
Sales Tax Department / VAT shall upload the same along with sales tax paid receipt of
last 2 years.
32. The bidder should have valid registration GST certificate issued from competent
authority and shall upload the same along with tax paid receipt of last 2 years.
7
KW -4
33. The bidder should compulsorily upload the PAN card.
34. All the materials used for Electrical/Power infrastructure works /Street lights/Sub
Station are to be got approved from KPTCL/ESCOM as per their norms and
specifications. All the materials used for Civil works shall be as per detailed
specifications.
35. The bidder is excepted to read/examine all the conditions, forms, terms, etc., in the
tender. Failure to furnish all the information required as per the tender conditions in
every aspect will be at bidders risk and may result in rejection of the technical bid.
36. If it is found that the performance vis-à-vis works awarded to the bidder by KIADB is
either behind schedule / not satisfactory, KIADB will be liberty to disqualify the bidder
and may reject its bid at the time of evaluation of the bid.
37. SAFETY PROCEDURE The bidder shall: (1) comply with all applicable safety regulations
as per prevailing norms, to take care for the safety of all persons entitled to be on the
Project Site, to use reasonable efforts to keep the Project Site and the Work clear of
unnecessary obstruction so as to avoid danger to persons entitled to be on the Project
Site, to provide fencing, lighting, guarding, watching etc., of the Work until completion
and taking-over, if necessary to provide any temporary works (including roadways,
footways, guards and fences) that may, because of the execution of the Work, be
necessary for the use by or protection of the public and of owners and occupants of
adjacent land.
38. PROTECTION OF THE ENVIRONMENT: The bidder shall take all reasonable steps to
protect the environment (both on and off the Project Site) and to limit damage and
nuisance to people and property resulting from pollution, noise or other aspects of his
operations.
39. The bidder is responsible for all statutory payments like EPF, ESIC etc., complete.
40. The rates quoted by the bidder shall deemed to be exclusive of GST.
41. Applicable GST shall be paid in each running bills/final bill.
42. The Employer/owner/Board/KIADB in this tender document means Karnataka
Industrial Areas Development Board.
43. The above condition from Sl No.1 to Sl No.43 are the part of the tender document and
tender conditions.
8
KW -4
SECTION 1: INVITATION FOR TENDERS (IFT)
No. IADB/ENGG/ETND-EP-25/444/2024-25 Date:03.10.2024
1. The Chief Engineer-1, Karnataka Industrial Areas Development Board (KIADB)
invites tenders from eligible tenderers, for the works detailed in the Table below. The
tenderers may submit tenders for 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 separately Technical and Financial bids through e-portal 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 accessed on e-portal, [Link]
The tender can be downloaded in the portal as per prescribed date and time published
in the e-portal. Only Interested Contractors who wish to participate should remit
online tender processing fee, after registering in the portal. The tender processing
fee /transaction fee is non-refundable.
3. Tenders must be accompanied by earnest money deposit specified for the work
separately which has to be paid online through e-Procurement portal as specified in the
Tender document and shall have to be valid for 45 days beyond the validity of the
tender.
4. Tenders must be electronically submitted (on-line through internet) within the date and
time published in e- procurement portal. First Cover (Technical) 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 Chief Engineer-1, Karnataka Industrial Areas
Development Board, # 49, East Wing , 4th & 5th Floor, Khanija Bhavan, Race Course
Road, Bangalore – 560 001, Ph. No.080-22265383. If the office happens to be closed on
the date of receipt of the tenders as specified, the tenders will be opened on the next
working day at the same time and venue.
5. A pre –tender meeting will be held on as mentioned in the E-Portal at 12.00 noon at the
office of Chief Engineer-1, Karnataka Industrial Areas Development Board, # 49, East
Wing , 4th & 5th Floor, Khanija Bhavan, Race Course Road, Bangalore – 560 001, Ph.
No.080-22265383, 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
Approx cost put Time for
EMD
Sl. to tender completion Class of
Name of the work (Rs. In
No ([Link] lakhs) Including Contractor
lakhs)
(Excluding GST) Monsoon
1 2 3 4 5 6
Providing Power Infrastructure to KCEI Super
Mettikurki Industrial Area, Hiriyur 1854.20 18.55 11 Months Grade
1
Taluk, Chitradurga District. License
(Electrical)
9
KW -4
SECTION 2: INSTRUCTIONS TO TENDERERS (ITT)
Table of Clauses
A. General
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
7. Content of Tender documents
8. Clarification of Tender Document
9. Amendment of Tender documents
C. Preparation of Tenders
10. Documents comprising the Tender
11. Tender prices
12. Tender validity
13. Earnest money deposit
14. Format and signing of Tender
D. Submission of Tenders
15. Sealing and marking of Tenders
16. Deadline for submission of Tenders
17. Late Tenders
18. Modification and Withdrawal of Tenders
F. Award of contract
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 -Deleted
31 Corrupt or Fraudulent Practices
10
KW -4
A. General
1. Scope of Tender
1.1 The Chief Engineer-1, Karnataka Industrial Areas Development Board invites tenders
following Two Cover tender procedure, from eligible Tenderers, for Providing Power
Infrastructure (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
the works detailed in the table given in IFT.
2 Eligible Tenderers
2.1 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent
practices issued by the Government of Karnataka
2.2 Tenders from Joint ventures are not acceptable.
3 Qualification of the Tenderer:
3.1 All Tenderers shall provide the requested information accurately and sufficient detail in
Section 3: Qualification information.
3.2 To qualify for award of this contract, each Tenderer in its/his name should have in the
last five years period i.e. (2019-20 to 2023-24)
a) Achieved in at least two financial years a minimum financial turnover of Rs.3709.00
Lakhs. (Electrical Contract Works Only) (Not less than 2 times the amount put to
tender).
b) Mandating satisfactory completion as a prime contractor for at least One Similar
Nature of Electrical work involving such as Providing Power Infrastructure, to an
extent of not less than 50% of the amount put to tender (i.e., Rs.928.00 lakhs). (Work
executed and work done certificates issued under Joint Venture shall not be
considered)
c) Executed in any one financial year, the following minimum quantities of work (Supply
& Erection) (80% quantity of work put to tender): Certificates of proof shall be
enclosed from competent Authority not below the rank of Executive Engineer in
Government / Public Sectors/Government Undertaking Organizations. (Quantities
executed certificates issued under Joint Venture shall not be considered).
Sl No Description of the Item (Supply & Erection) Qty
1 11kV PCVCB 500MVA 1250A 1 No
2 9mtr long DP structure 72 No
3 9mtr/8mtr RCC pole 1045 No
4 11kV 3CX400sqmm HTUG cable 17.60 Km
5 Compact RMU 350MVA,630A (1OD) 11 No
6 Compact RMU 3Way(VCB/SF6 type 350MVA,630A 4 No
7 Coyote ACSR conductor 25 Km
8 Rabbit ACSR conductor 111.20 Km
9 11kV/433V 250kVA Distribution Transformer 56 No
Note
Financial Turnover and Work done Certificate of previous years shall be given a weight of 10%
per year to bring them to the price level of the financial Year in which the tenders are
invited.
Work executed and work done certificates issued under Joint ventures shall not be considered
for technical evaluation of the bid and the bid shall be rejected. Certificates issued from private
individuals/private companies/private firms shall not be considered for technical evaluation
and the bid shall be rejected.
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. …….. (usually not less than 50% of the electrical works)* in
any one year;1 Not Applicable
1
This is for building works. Appropriately change for other works.
11
KW -4
e) The Tenderer or his identified sub-contractor should possess valid license for
executing water supply/sanitary engineering works and should have executed similar
water supply/sanitary engineering works totaling Rs._____ (usually not less than 50%
of the water supply/sanitary engineering works)* in any one year;2 Not Applicable.
3.3 Each Tenderer should further demonstrate:
(a) Availability by owning at least 50% of the required / specified key and critical
equipment for this work. The remaining 50% can be deployed on lease / hire basis
for all works provided, the relevant documents (commitment agreements etc.,) for
availability for this work are furnished : (Furnish details of plant / machinery /
equipment etc.,)
** Tenderer shall have own ladder mounted jeep vehicle, excavator & crane (Hydra) 10
Ton Capacity on lease / Hire basis. Tenderer should enclose all relevant documents
with technical bids as evidence. Otherwise liable for disqualification
(b) liquid assets and /or availability of credit facilities of not less than Rs.557.00 lakhs
(Credit lines/ letter of credit/ certificates from Public sector banks/Nationalized
Banks (as per RBI guidelines) not less than 30% of the amount put to tender for
meeting the fund requirement etc)
Notes:
1. Applicants shall indicate the make, year of manufacture, capacity and working
conditions of above equipments.
2. Plant & Equipments:
a. The agencies should demonstrate of availability of plants and equipments by
owning at least 50% of the required quantity.
b) For the remaining 50% can be deployed on lease / hire basis, which should be
supported by documentary evidence.
c) Wherever the single Plant & Equipment is mentioned the agencies should own it
compulsory and must produce necessary documentary evidence.
3. Following will also be required during work execution:
a. Minor plants and equipments and accessories
b. Field laboratory, testing equipments and survey equipments
4. Contractor has to submit deployment of equipment and machineries along with
deployment schedule.
5. Instructions to bidders
The bidders are directed to submit section-4 (form of tender) along with section-9 (Bill
of quantities) of bid document in separate file in second cover as per section 2 of ITT
clause no.10.1.2 which is available online.
All other Terms and Conditions notified in the Tender Notification and Bid Documents
remains unaltered.
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 = (AxNx1.5 - B)
where
A : Maximum value of Electrical engineering works executed in any one year during
the last five years (updated to 2024-25 price level) taking into account the
completed as well as works in progress
N : Number of years prescribed for completion of the works for which tenders are
2
This is for building works. Appropriately change for other works.
12
KW -4
invited.
B :Value, at 2024-25 price level, of existing commitments and on-going works to be
completed during the next one year.
Note:
i. 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.
ii. A self-declaration is to be uploaded by the Tenderer stating that "the information
with regard to assessed available tender capacity (Works on Hand) furnished are
correct" even though the Tenderer has uploaded the certificate issued by the
competent authority.
3.7 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 Each tenderer shall submit only one tender for one package. A tenderer who submits
or participates in more than one Tender (other than as a sub-contractor or in cases of
alternatives that have been permitted or requested) will cause all the proposals with
the Tenderer’s participation to be disqualified.
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:
6.1 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
The Contractor should go through the Tender Document and submit the response
/commercial /technical through e-procurement portal online after downloading 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: (Pre bid meeting)
8.2.1. The Tenderer or his authorized representative is invited to attend a pre-tender meeting
which will take place at Chief Engineer-1, Karnataka Industrial Areas Development
Board, # 49, East Wing , 4th & 5th Floor, Khanija Bhavan, Race Course Road,
Bangalore – 560 001, Ph. No. 080-22265383 as mentioned in E-Portal.
13
KW -4
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 stipulated date mentioned in the notification of the tender
(IFT).
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 posted online in the e-
procurement portal which bidders should download. Any modification of the tender
document listed in clause–7 which may become necessary as a result of the pre-tender
meeting shall be made by the Employer exclusively thorough 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 posted
online in the e-procurement portal which Contractors should download.
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: (Only online)
a. Earnest Money Deposit; on line payment through e-Procurement platform
b. Qualification Information as per formats given in Section 3;
c. General eligibility criteria.
d. Scanned copy of Bank Guarantee (B.G) for balance EMD amount.
10.1.2 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.
10.2 Not applicable.
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 as in e-portal (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 before submitting on e-portal. The rate
quoted by the bidder shall be including GST and includes all other levies & duties as
per the prevailing norms.
11.3 All duties, royalties and other levies payable / collectable 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.
14
KW -4
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 90 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: Rs.18.55 Lakhs
13.1 Earnest Money Deposit: The Tenderer shall furnish, as part of his tender, earnest
money deposit in the amount as shown in the Table of IFT for this particular work.
The supplier/contractor has to pay Rs.1.00 lakh part of the Earnest Money Deposit
(EMD) through the e-Procurement portal in the Government of Karnataka Central
Pooling account held at ICICI Bank using any of the following payment modes:
Credit Card
Direct Debit
National Electronic Fund Transfer (NEFT)
Over the counter (OTC)
The EMD amount submitted by the contractor should govern the following conditions:-
The balance required EMD (Earnest Money Deposit) of Rs.17.55 Lakhs to be
furnished in the form of Bank Guarantee (B.G) of any Nationalized Bank/Scheduled
Bank payable to the ‘CEO & EM’ KIADB, Bangalore’. The EMD shall have to be valid
for 45 days beyond the validity of the tender. The scanned copy of the B.G. should be
uploaded to the tender in the e-procurement platform. The Original BG should
compulsorily be produce & submitted for verification after the last date of bid
submission & before the opening date of the technical bid as specified in e-portal to
the concerned Assistant Engineer in Technical Assistant Section (TA section) in the
office of the Chief Engineer-1, Head Office, KIADB. The bids of the contractors who
have failed to produce and submit the Original Bank Guarantee before the opening of
the technical bid will be rejected and their tender will not be opened/considered.(pl see
the note-2(c)).
The part of the EMD amount of accepted in the form of electronic cash (and not
through demand draft or any other mode) will be maintained in the Government of
Karnataka Central Pooling account held at ICICI Bank. (EMD – Earnest Money
Deposit)
The EMD amount of a particular tender is to be paid in a single transaction or
(Rs.1.00 lakh through electronic cash and balance EMD amount in the form of
B.G).
The supplier/contractor’s bid will be evaluated only on confirmation of receipt of the
payment (EMD) by the ICICI Bank/reconciled in the e-portal and the bankers who
issued the Bank Guarantee.
For more details on e-Payment services refer to e-procurement portal.
13.2 - “Not Applicable”-
13.3 Any tender not accompanied by an acceptable Earnest Money Deposit and not secured
as indicated in Sub-Clauses 13.1 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
15
KW -4
of the end of the tender validity period specified in Sub-Clause 12.1. 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.
13.5 The earnest money deposit of the successful Tenderer will be discharged when the
Tenderer has signed the Agreement of the contract and submitted 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.
14 Format and signing of Tender
14.1 Not Applicable.
14.2 Not Applicable.
14.3 Not Applicable.
Tenderer shall submit the Bids electronically before the submission date and time
published in e-procurement portal.
D. Submission of Tenders
15 Sealing and marking of tenders
15.1 Not Applicable.
15.2 Not Applicable.
15.3 Not Applicable.
15.4 Not Applicable.
Tenderer shall submit the Bids electronically before the submission date and time
published in e-procurement portal.
16 Deadline for submission of the Tenders
16.1 Tenders must be submitted before the deadline time on e-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
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 before submission on e-portal.
18.2 Tender Can be withdrawn only before Bid submission date and time, as published in
the e-procurement portal.
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.
18.5 Tenderers may only offer discounts to, or otherwise modify the prices of their Tenders
16
KW -4
by submitting Tender modifications in accordance with this clause, or included in the
original Tender submission if available on e-portal.
17
KW -4
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
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 digitally 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 govern; and
b) Where there is a discrepancy between the unit rate and the line item total resulting
from multiplying the unit rate by the quantity, the unit rate as quoted will govern
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 Not Applicable.
18
KW -4
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 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 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.
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, 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").
28.2 The notification of award will constitute the formation of the Contract, subject only to
the furnishing of Security deposit/performance deposit & unbalanced tender amount(if
necessary) 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 and
unbalanced tender amount (if necessary), 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:
- Banker’s cheque/Demand draft/Pay Order in favour of CEO & EM, KIADB. payable
at Bangalore or
- A bank guarantee in the form given in Section 10;
29.2 If the security deposit is provided by the successful Tenderer in the form of a Bank
Guarantee, it shall be issued by a any Public Sector Bank (as per RBI guidelines)and it
shall be released after completion of Defects liability period.
29.3 Not Applicable
19
KW -4
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- Deleted
31 Corrupt or Fraudulent practices
31.1 The Board 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, Board :
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 Board contract if it at any time determines that the firm has engaged in
corrupt or fraudulent practices in competing for, or in executing, a Board contract
31.2 Furthermore, Tenderers shall be aware of the provision stated in sub-clause 50.2 of the
Conditions of Contract.
32 Additional Clause
In the case of the death of a contractor after executing the agreement /
commencement of the work, his legal heir, if an eligible registered contractor and
willing, can execute and complete the work at the accepted tender rates irrespective
of the cost of the work.
20
KW -4
General conditions
1 Any bidder from a country which shares a land with India will be eligible to bid in this tender only if
the bidder is registered with the Competent Authority.
1.1 “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain contexts) means
any person or firm or company, including any member of a consortium or joint venture (that is an
association of several persons, or firms or companies), every artificial juridical person not falling in
any of the descriptions of bidders stated hereinbefore, including any agency branch or office
controlled by such person participating in a procurement process.
1.2 “Bidder from a country which shares a land border with India” for the purpose of this order means:
21
KW -4
SECTION 3: QUALIFICATION INFORMATION
The information to be filled in by the Tenderer here under 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.
1.2 Total value of Electrical works executed and payments received in the last five years
(in Rs. Lakhs)3 2019–20 ______________
2020–21 ______________
2021-22 ______________
2022-23 ______________
2023-24 ______________
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 Contract Value of Date of Specified Actual date Remarks
name Employer of work Number contract issue of period of of explaining
Rs. Lakhs work order completion completion reasons for
delay in
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 Name of Quantity of work Remarks (Indicate
Work Employer performed contract reference)
2019-20
2020-21
2021-22
2022-23
2023-24
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 Place Contract No. Name Value of Stipulated Value of works4 Anticipated
of & & Date and Contract period of remaining to be date of
Work State Address (Rs. lakhs) completion completed completion
of Employer (Rs. lakhs)
(1) (2) (3) (4) (5) (6) (7) (8)
____________________________________________________________________________________
____________________________________________________________________________________
3
Attach Certificate from Chartered Accountant
4
Attach Certificates from Engineers –in- Charge
22
KW -4
(B) Works for which Tenders already submitted:
____________________________________________________________________________________
Description Place Name and Estimated Stipulated Date when Remarks
of & Address of value of works period of decision is if any
Work State Employer (Rs. lakhs) completion expected
(1) (2) (3) (4) (5) (6) (7)
1.6. The following items of equipment are considered essential for successfully carrying out
the works. The Tenderer should furnish all the information listed below.
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:
5
The item of equipment, required number and capacity should match with those specified in ITT Clause 3.3 (a)
23
KW -4
BANKER’S CERTIFICATE
FORMAT OF BANKERS CERTIFICATE / LINE OF CREDIT LETTER
(TO BE ISSUED IN THE LETTERHEAD OF THE BANK BRANCH)
Reference no ([Link].) / Place
Date:
To:
(Name and address of beneficiary)
This is to certify that M/s. …………………………. (name of the customer) having his / their registered /
administrative office at ………………………………………. is a customer of our bank and is / are engaged
in ……………………………(nature of activity). If the said customer is allotted / awarded with “Providing
Power Infrastructure to Mettikurki Industrial Area, Hiriyur Taluk, Chitradurga District.” we may
extend credit facility up to Rs……………… lakh to meet his/ their working capital requirement towards
the execution of the said work order as per the loan policy of the bank.
This certificate is valid up to 3 months from the date of the issue i.e. up to dd/mm/yyyy
Yours faithfully
Branch Manager
1.11 Proposals for subcontracting components of works amounting to more than 20% of the
contract price .
- “Not Applicable” -
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.
6
Attach certificates from the respective Employers.
24
KW -4
SECTION 4: FORMS OF TENDER, LETTER OF ACEPTANCE, NOTICE TO PROCEED
WITH THE WORK AND AGREEMENT FORM
Tender.
GENTLEMEN,
We offer to execute the Works described above in accordance with the Conditions of
Contract accompanying this Tender for the Contract Price of _________ [in figures]
(________________________________________________) [in letters].7
This Tender and your written acceptance of it shall constitute a binding contract between
us. We understand that you are not bound to accept the lowest or any Tender you receive.
We undertake that, in competing for (and, if the award is made to us, in executing) the
above contract, we will strictly observe the laws against fraud and corruption in force in
India namely “Prevention of Corruption Act 1988”.
We hereby confirm that this Tender complies with the Tender validity and Earnest money
deposit required by the Tender documents.
Yours faithfully,
Authorized Signature:
7
To be filled in by the Tenderer, together with his particulars and date of submission at the bottom of the Form of Tender.
25
KW -4
Letter of Acceptance
(letterhead paper of the Employer)
________________________[date]
Dear Sirs,
This is to notify you that your Tender dated ____________ for execution of
the__________________________________________________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 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
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)
26
KW -4
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.
1. In this Agreement, words and expression shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to, and they shall be
deemed to form and be read and construed as part of this Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and
complete the Works and remedy any defects therein in conformity in all aspects with the
provisions of the Contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying the defects wherein the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in
the manner prescribed by the Contract.
4. The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz:
i) Letter of Acceptance;
ii) Notice to proceed with the works;
iii) Contractor’s Tender;
iv) Contract Data;
v) Conditions of contract (including Special Conditions of Contract);
vi) Specifications;
vii) Drawings;
viii) Bill of Quantities; and
ix) Any other document listed in the Contract Data as forming part of the contract.
In witness whereof the parties thereto have caused this Agreement to be executed the day and
year first before written.
The Common Seal of ___________________________________________________________
was hereunto affixed in the presence of:
Signed, Sealed and Delivered by the said __________________________________________
in the presence of:
Binding Signature of Employer _______________________________________________________
Binding Signature of Contractor _____________________________________________________
27
KW -4
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. Insurance
14. Site Investigation Report
15 Query about Contract Data
16 Contractor to construct the Works
17. The Works to be completed by Intended Completion Date
18 Approvals by the Employer
19. Safety
20. Discoveries
21. Possession of the Site
22. Access to the Site
23. Instructions
24. Procedure for resolution of disputes -Deleted
B. Time Control
25. Program
26. Extension of the Intended Completion Date
27. Delays ordered by the Employer
28. Management meetings
C. Quality Control
29. Identifying defects
30. Tests
31. Correction of defects
32. Uncorrected defects
D. Cost Control
33 Bill of Quantities (BOQ)
34 Variations
35. Payment for Variations
36. Submission of bills for payment
37 Payments
38. Compensation events-Deleted
39. Tax
40 Price Adjustment-Deleted
41. Liquidated damages
42. Advance payment - Deleted
43. Securities
[
44. Cost of repairs
E Finishing of Contract
45. Completion
46. Taking Over
47. Final account
48. As built drawings and/or Operating and Maintenance Manuals
49. Termination
50 Payment upon termination
51. Property
52. Release from performance
F Special Conditions of Contract
28
KW -4
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.
Board means Karnataka Industrial Areas Development Board.
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.
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:
29
KW -4
(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 except arbitration, price escalation and advance payment clauses as decided by the
Board.
4 Employer's decisions
4.1 Except where otherwise specifically stated, the Employer will decide contractual matters
between the Employer and the Contractor.
5 Delegation
5.1 The Employer may delegate any of his duties and responsibilities to other people after
notifying the Contractor and may cancel any delegation after notifying the Contractor.
6 Communications
6.1 Communications between parties which are referred to in the conditions are effective only
when in writing. A notice shall be effective only when it is delivered (in terms of Indian
Contract Act)
7 Subcontracting - Not Applicable
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 Board 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. 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:
(a) could not have reasonably foreseen; or
(b) could reasonably have foreseen, but against which he could not reasonably have
30
KW -4
taken at least one of the following measures;
(i) prevent loss or damage to physical property from occurring by taking
appropriate measures or
(ii) 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 user department 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
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 are due, the
payment of the premiums shall be a debt due.
13.4 Alterations to the terms of 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
31
KW -4
Drawings.
18.2 The Contractor shall be responsible for the design of Temporary Works
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.
32
KW -4
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 or his representatives (third party inspection/PMC) 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 or his representatives (third party inspection/PMC) shall 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 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.
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
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 the Employer to confirm verbal orders
and the officer issuing and instructions shall confirm it in writing within 30 days ,
33
KW -4
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 Board has to be
obtained for the variation exceeding 10%.
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.
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 than recoveries
in terms of the contract and taxes, at source, as applicable under the law. The Employer
shall pay the Contractor the within 60 days of submission of bill. 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 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 - Deleted
39 Tax
39.1 The rates quoted by the Contractor shall be deemed to be exclusive of GST and including
of sales and other levies /duties 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 – Deleted
41 Liquidated damages
34
KW -4
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 payment – Deleted
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
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 / Operating and Maintenance Manuals.
48.1 If “as built”8 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 or the Contractor 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
8
Completion drawings
35
KW -4
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.
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
36
KW -4
F. Special Conditions of Contract
1 Labour :
The Contractor shall, unless otherwise provided in the Contract, make his own
arrangements for the engagement of all staff and labour, local or other, and for their
payment, housing, feeding and transport.
The Contractor shall, if required by the Employer, deliver to the Employer a return in
detail, in such form and at such intervals as the Employer may prescribe, showing the
staff and the numbers of the several classes of labour from time to time employed by the
Contractor on the Site and such other information as the Employer may require.
2 Compliance with labour regulations:
During continuance of the contract, the Contractor and his sub contractors shall abide
at all times by all existing labour enactments and rules made there under, regulations,
notifications and bye laws of the State or Central Government or local authority and any
other labour law (including rules), regulations, bye laws that may be passed or
notification that may be issued under any labour law in future either by the State or the
Central Government or the local authority. The Contractor shall keep the Employer
indemnified in case any action is taken against the Employer by the competent
authority on account of contravention of any of the provisions of any Act or rules made
there under, regulations or notifications including amendments. If the Employer is
caused to pay or reimburse, such amounts as may be necessary to cause or observe, or
for non-observance of the provisions stipulated in the notifications/bye laws/ Acts/
Rules/ regulations including amendments, if any, on the part of the Contractor,
Employer shall have the right to deduct any money due to the Contractor including his
amount of security deposit. The Employer shall also have right to recover from the
Contractor any sum required or estimated to be required for making good the loss or
damage suffered by the Employer.
The employees of the Contractor and the Sub-Contractor in no case shall be treated as
the employees of the Employer at any point of time.
3 Protection of Environment:
The contractor shall take all reasonable steps to protect the environment on and off the
Site and to avoid damage or nuisance to persons or to property of the public or others
resulting from pollution, noise or other causes arising as a consequence of his methods
of operation. During continuance of the contract, the contractor and his sub-contractors
shall abide at all times by all existing enactments on environmental protection and rules
made there under, regulations, notifications and bye-laws of the State or Central
Government, or local authorities and any other law, bye-law, regulations that may be
passed or notification that may be issued in this respect in future by the State or
Central Government or the local authority.
4 Arbitration (clause-24) : Deleted
5 Other Conditions
5.1 Defect Liability Period
i. Defect Liability Period shall be calculated from the next day of issue of
Commissioning certificate by the Engineer
ii. The Contractor shall be responsible for replacing any defective work and rectifying
any defects in his works and maintaining the same during the Defect Liability Period
free of cost. For this purpose, the Contractor shall retain key personnel at site who
shall be always available as Suppliers representative in dealing with employer during
the Maintenance Period.
The Defect Liability Period will be 24 months for power infrastructure works and 24
months for Street light works, from the date of satisfactory completion and
commissioning of the work, as certified by the Engineer in charge.
37
KW -4
5.2 List of Minimum Key Personnel to be deployed by the Contractor at site
No of
[Link] Position Qualifications
personnel
1 Construction B.E. Electrical + 5 Years minimum Two
Supervisor Construction experience in Relevant field
5.3 Public Utilities
5.3.1 Any services affected by the Works must be temporarily supported by the Contractor who must
also take all measures reasonably required by the various bodies to protect their services and
property during the progress of the Works.
5.3.2 The work of temporarily supporting and protecting the public utility services during execution of
the Works shall be deemed to be part of the Contractor and no extra payment shall be made for
the same.
5.3.3 The Contractor may be required to carry out the removal or shifting of certain services/ utilities
on specific orders from the Engineer for which payment shall be made to him. Such works shall
be taken up by the Contractor only after obtaining clearance from the Engineer and ensuring
adequate safety measures
5.3.4 KPTCL line & transformer shifting will be got done by the successful contractor after preparation
of estimates for shifting, approval of the same by KIADB & Technical Scrutiny by KPTCL. KPTCL
supervision charges will be directly paid to KPTCL by KIADB. The shifting charges at estimated
rates for the actual work done will be paid to the agency by KIADB.
38
KW -4
9. No work shall be covered up or put out of view without the approval of the Executive
Engineer (Elect.) & Assistant Executive Engineer, (Ele.), KIADB and the contractor shall
afford full opportunity to the Engineers to examine and measure any work, which is about
to be covered.
10. The Executive Engineer (Elect.) and Assistant Executive Engineer (Ele.), KIADB &ESCOM
will visit the manufacture premises for inspection and conducting tests as per ISI
specifications on 11 KV XLPE UG cable and Breakers before dispatch of the materials,
only after approval from the Executive Engineer (Elect.)/ Assistant Executive Engineer
(Ele.), the materials shall be dispatched or otherwise the cable and Breaker will not be
accepted at site. The manufacturer shall have all testing and laboratory facilities in their
premises and contractor shall be present at the premises to make arrangements for
conducting tests.
11. After delivery at site, the materials will be inspected, if the materials do not conform to
relevant ISS/ISI and technical specifications of KPTCL/ESCOM and approval accorded at
manufacturing premises during inspections, then such materials will be rejected. The
contractor shall remove the rejected materials at his own cost.
12. It is the responsibility of contractor to obtain all necessary approvals and clearances which
are required from TA & QC, Chief Electrical Inspector to Government and any other
organization for commissioning the HT/LT lines and [Link] All necessary drawings, paper
works, etc. and any other formalities required to be observed shall be the responsibility of
contractor.
13. Whenever ESCOM/KIADB insist proof of having purchased the materials (used during
executing the work) for verification. The contractor shall produce the purchase bills.
14. It is the responsibility of contractor to observe all necessary formalities of ESCOM for
charging the lines and taking over the infrastructure like breaker lines TCs by ESCOM
satisfactorily duly acknowledging the inventory of materials used in the work.
15. The contractor is responsible for safety and security of materials for which part payment is
made by KIADB.
16. The contractor shall guarantee all the materials supplied by him including erection,
electrification work for trouble free top class performance and against manufacturing
defects, for a period of two year from the date of satisfactory completion and
commissioning. The contractor shall make his own arrangement for rectifying
defects/replacement of defective materials immediately on receipt of intimation from
KIADB or ESCOM and power supply shall be restored. Failure of which, action will be
taken to get the work done through other agency at the cost and risk of the contractor.
17. It is the responsibility of contractor to co-ordinate with ESCOM for commissioning the
Breaker, HT/LT lines and TCs satisfactory by observing all formalities, and handed over to
ESCOM & KPTCL. After this only, final bill shall be prepared.
18. The quantities shown in the schedule are approximate. The actual quantities will be
executed as per site condition only. Any balance materials shall be taken back by the
contractor.
19. The contractor shall not deviate/alter/execute excess quantities or additional items
without the prior approval in writing from the Chief Development Officer or otherwise the
excess / additional / deviated items executed without prior approval will be disallowed.
20. The Contractor shall obtain all necessary clearance from KPTCL and ESCOM for erection
& commissioning of VC breakers in respective MUSS.
21. The Contractor shall take prior approval of drawing of VC breakers from KPTCL to suit for
extension to the existing breakers in respective MUSS.
22. It is the responsibility of the contractor to persue and obtain all necessary approvals from
the Railways Department for crossing B.G. lines and also to obtain safety certificate of
Railway crossing before charging the feeder lines.
23. The contractor shall arrange for inspection of transformers at manufacturer premises
before dispatch to the site and shall produce ESCOM approval and TA and QC approval of
transformers to be supplied.
24. The contractor shall obtain the necessary approvals if any, the NHAI/ State High way or
any other authorities for laying HT UG cable.
25. All hard ware materials used for line work shall be of hot dip galvanized as per IS.
26. The contractor shall arrange for inspection by EE(Elec), KIADB and ESCOM for materials
like conductor, RCC poles and hard ware materials at manufacturer premises before
dispatch to site. Manufacturer test certificates shall be furnished.
39
KW -4
LEDs are solid-state electronic devices that directly convert electricity into light. Heat is a
by-product produced in the p-n junction where the direct conversion occurs. This
junction temperature or TJ heat must be conducted through the thermal pad and away
from the LED. Due to the direct conversion LED, lumen maintenance is better than
traditional lamps with losses due to secondary conversion processes. Lumen
maintenance measures how well a light source maintains its lumen output over time as
a percentage of initial light output.
43
KW -4
LM-80 for LEDs
LM-80-08 Approved Method: Measuring Lumen Maintenance of LED Light Sources. LM-
80 prescribes uniform test methods under controlled conditions for measuring LED
lumen maintenance while controlling LED TS (case or solder temperature), the DC
forward voltage and LED forward current. It is for the LEDs themselves3, not LED
luminaires. LM-80 was developed to address differences in measuring the performance of
this newer technology.
LED manufacturers measure LEDs in pulse mode with short pulse -10 or 20
milliseconds (Thousandths of a second) which does not heat up the LED. Thus, no heat
sink is required and TJ equals ambient (controlled to 250C). This is useful for doing high
yield LED measurements quickly and explains why LED data sheets show LED
performance at TJ=250C. In contrast, we measure LED performance in-situ with the
LEDs installed in our luminaires operated in constant DC mode. There are numerous
LEDs configured together in close proximity, elevating TJ above 250C. This impacts the
photometric performance of the LEDs. LM-80 requires 550 C. 800C and one other Ts
chosen by the LED manufacturer. It also requires lumen maintenance data out to at
least 6,000 hours of constant DC mode (not pulse mode) operation4. LED Source
Manufacturer chooses > 850C for the third TS to better represent in-situ conditions and
they have data out to 10,000 hours, the preferred duration in LM-80. Based upon LM-80
data, LED manufacturers extrapolate lumen maintenance out to tens of thousands of
hours (TM-21 which will standardize an extrapolation method).
The data resulting from LM-80 measurements are matrices of lumen maintenance
values. Data in combination with our UL in-situ thermal testing to predict the lumen
maintenance of the LEDs when used in our luminaires and, subsequently, the lumen
maintenance of the LED luminaires themselves. Using the data to predict LED color
stability over time at the various TS temperatures.
LM-79 for LED Luminaries
Unlike traditional sources which are typically tested using relative photometry with test
lamps and ballasts, LED luminaries are tested using absolute photometry with
production LEDs and luminaires in the orientation in which they will be installed6 for a
true test of LED performance. LEDs perform differently due to elevated TJ which is
futher impacted by luminaire orientation and thermal conditions. If the LEDs were
removed from the luminaire their performance would change which is why absolute
photometry must be used for LED luminaries.
LM-79 testing is typically performed with either an integrating sphere for all photometric
and colorimetric measurements or an integrating sphere in combination with a
goniophotometer. The integrating sphere is recommended for colorimetric
measurements.
Electrical characteristics-LM79
A variety of electrical measurements may be conducted as part of LM-79 testing,
including but not limited to:
Input voltage current, expressed in volts (V). Testing is performed with the SSL
product operated at its rated input voltage.
Input current, expressed in amperes (A). Input current can be either direct current
(DC) or alternating current (AC), depending on product design. Note that this metric
44
KW -4
is not equivalent to the current supplied to a given LED light source (i.e., LED drive
current), which often cannot be measured directly without damaging the product.
Input power, expressed in watts (W). input power is essential for determining energy
savings.
Power factor (PF), is a power quality metric reported as a unitless decimal value
between zero and one. PF is calculated by dividing input power by the product of
input voltage and input current.
Lumen output of complete luminaires.
Spatial Distribution of Light.
Polar Plots of Luminous intensity.
Spacing Criteria.
Isoilluminance Plots.
Zonal lumens and BUG Ratings.
Beam and Field Angles.
Additional Considerations
Test Method and Apparatus
The content of a given LM-79 report depends in part on the apparatus used for
measurement. Using an integrating sphere, the total lumen output of a tested
source is captured in a single measurement. An integrating sphere is also the most
common apparatus for capturing colorimetric data. By contrast, using a
goniophotometer, luminous intensity measurements are recorded at a series of
locations surrounding the test sample and then total luminous flux is calculated.
Some goniophotometers may have the capability. but most do not measure
colorimetric performance.
Summary
As a newer technology LEDs ought to be tested correctly using testing methods and
equipment appropriate to the technology. We shall provide the standards and
guidelines used by the lighting industry to properly test LEDs (LM-80) and LED
luminaires (LM-79).
Additional Technical Specifications to LED Street lights fittings:
Supplying and Fixing of LED Luminaries / streetlights / flood lights
1. The street fittings designed as per conformance standards for luminaries.
Specifications of items contained Spn no. 1, 2, 3, 4, 5, 6
2. The street LED light fittings are manufactured for 5 years warranty against any
defects viz. PCB, LED's, Drivers, Toughned Glass, Aluminium Body, Heat sink
system, IP-66 under standard electrical power distribution. Approved by NABL /
CPRI / KPWD / MPWD / CPWD OR equivalent any State Govt. / Govt. of India.
3. Operating Systems : Operating Voltages 110 to 280 Volt, operating temperature
range -20 degree C to +50 degree C. Operating humidity 10% to 90% RH.
Luminarie efficiency 80 LM / W or above. LED efficiency 120 LM / W or above.
System power efficiency > 85%. Total system wattage < (rated wattage + 15% of
rated wattage). LED driver current 350 - 700 Ma. Lumen output < 2000 lumens.
LED beam angle fully cut-off. power factor greater than 0.90. colour rendering
index greater than 70. construction - high power SMD and LED must be
mounted on copper MCPCB for high thermal conductivity and faster heat
transfer from the LED junction.
4. The electronic components used shall be as follows : a) IC shall be of industrial
grade or above. B) The resistor shall be prepared made of CFR and MFR
adequate rating the actual rating verses loading by factor of 3. c) The junction
temperature of the switching devices such as transistors and MOSFET etc. shall
not exceed 125 degree centigrade (allowing thermal margin of 25 degree
45
KW -4
centigrade). d) The construction of PCBs and the assembly for computers for
PCBs should be as for IS standards. e) The LED module(s) driver gear etc shall
be designed in a such a way so that temperature of heat sink shall not exceed
15*C above the ambient temperature. f) Secondary lens array should be
provided for optimze roadway photometric distribution photometric
measurements according with LM-79/IS 16015. g) Lens material should be
optical high grade PMMA with more than 90% light transmittance.
5. Warranty : The defect liability period of work in this notification will be 36
months. This is reckoned from the date of completion of the work. The items of
works should be executed with stringent quality assurance norm and should
not be required any repair for stipulated period after completion of the same. If
the stretch / structure notified above require any repair during the liability
period as above, the Contractor / firm shall re-do the same at his own risk and
cost.
6. The Contractor should set up a quality control unit at work spot for conducting
periodical quality control tests at his own cost.
7. The relevant certifcates and details shall be furnished of LED fittings in the
technical bid, details of company / agencies / firms profie to be enclosed. Any
conditions will not be accepted.
8. Materials : The cost/value of the existing HPSV / MH street light materials and
released articles is to be assessed up to 5% and should be deducted in the Bills.
Supplying and Laying of LT UG Cables :
The manufactured of LT UG cables 1.1 KV class round armoured should be
inspected as per technical conditions and parameters (KPWDE d, e, f, g, h and
GTP 7.4 to 7.7 of specifications).
Supplying and Installation of High mast / Octagonal / GI / Conical poles.
9. The manufactured of Highmast / Octagonal / GI / Conical poles as per designs
of KPWDE SR and Standard Electricals) make to be approved, by the competent
authority of Electrical Department of KIADB.
(as per the technical standard conditions of KPWDE / Govt. of India)
46
KW -4
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 [25]
work as per agreed program of construction.
The Employer is: Chief Executive Officer & Executive Member,
Name: KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD [1.1]
Address: # 49, East Wing , 4th& 5th Floor, Khanija Bhavan Race Course
Road, Bangalore – 560 001. Phone No.080- 22265383 [1.1]
Name of authorized Representative of Employer: CHIEF ENGINEER-1,
KIADB
The name and identification number of the Contract is for the Providing
Power Infrastructure to Mettikurki Industrial Area, Hiriyur Taluk,
Chitradurga District.
Tender Notification IADB/ENGG/ETND-EP-25/444/2024-25 [1.1]
Date: 03.10.2024
The Work consists of Providing Power Infrastructure to Mettikurki
Industrial Area, Hiriyur Taluk, Chitradurga District
The start date shall be the date of issue of notice to proceed with the [1.1]
work/ date specified in the work order
The Intended Completion Date for the whole of the Works is 11 Months [17, 26]
including monsoon9 with the following milestones]
Milestone Physical works to be completed Period from Financial
dates: the date of target to be
issue of Notice achieved
to proceed
with the work
Mile Stone 1 i.e Procurement of Electric cables, 4 months
40% of
Transformers, conductors, spun contract value
poles, RMU, etc.,
Mile Stone 2 i.e Construction of transformer 4 months 40% of
center, erection of Transformers, contract value
laying cables, construction of
RMU, stringing of conductor, etc
Mile Stone 3 i.e Commissioning of transformer, 3 months 20% of
infra works contract value
The Site Possession Date is within 7 days from the date of issue of notice [21]
to proceed the work.10
The proposed site is ettikurki Industrial Area, Hiriyur Taluk, Chitradurga [1.1]
District
The Defects Liability Period: 24 months for power infrastructure works [31]
from the date of satisfactory completion and commissioning of the work,
as certified by the Engineer in charge
9
At the time of preparation of the tender document give the period required for completion of whole work and
the milestones. When the Agreement is drawn after award of contract the dates can be put in.
10
At the time of preparation of the tender document give the period after the issue of work order, when the site
would be made available to the contractor, for example ‘one week after the issue of work order’
47
KW -4
Insurance requirements are as under: [13]
SN Type of Cover Minimum cover for Insurance
(i) Works and of Plant and materials 30 lakhs plus 20%
(ii) Loss or damage to equipment Full replacement cost
(iii) Loss or damage to property of Third Full replacement cost
Party
(iv) Personal injury or death insurance Rs. 20 lakhs to cover 4 persons
(a) for Third Party at Rs. 5 lakhs each.
(b) for Contractor’s employees or In accordance with the
labour statutory requirement
applicable to Karnataka
The liquidated damages for the whole of the works are
Milestone Percentage of penalty
dates:
Mile Stone 0.1% per day subject to maximum of 10% of the value of the
1 i.e stage i.e. 0.1 % per day of Milestone -I for the uncompleted
portion of the work shall be deducted out of running bills as
penalty.
Mile Stone 0.1% per day subject to maximum of 10% of the value of the
2 i.e stage i.e. 0.1 % per day of Milestone-II for the uncompleted
portion of the work shall be deducted out of running bills as
penalty.
Mile Stone 0.1% per day subject to maximum of 10 % of the total contract
3 i.e value shall be deducted out of final bill i.e. the DWA amount,
duly deducting the penalties already recovered during Milestone
-I&II for the uncompleted portion of the work shall be deducted.
If project is completed 100% in all respect as per the stipulated
completion time, then penalty if any levied due to Milestone wise
delay shall be returned back without any interest to the
contractor.
In case the successful Tenderers fails to execute the supplies /
works as per the program or opinion of purchaser, the supplies /
works are progressing at a slow pace, the owner reserves its
right to get the balance or part of supplies / works executed
through other agencies at the risk and cost of the agencies, this
is in addition to the right of the KIADB to recover any damage
from the contractor and also recommending for blacklisting& no
further tenders will be awarded to the defaulting contractor.
The maximum amount of liquidated damages for the whole of the works is [41]
ten percent of final contract price.
The date by which “as-built drawings” soft copies in pen-drive & hard [48]
copies (in scale as directed by Executive Engineer (Ele) office KIADB, or
Chief Engineer in 2 sets are required within 07 days of issue of certificate
of completion of Whole or Section of the Work as the case may be.
The amount to be withheld for failing to supply “as built” drawing or [48]
supply of operation and maintenance manual, or any relevant
documents by the date required is Rs.5,00,000
The following events shall also be fundamental breach of the contract : [49.2]
The contractor has contravened Clause 9 of CC.
The percentage to apply to the value of the work not completed [50.1]
representing the Employer's additional cost for completing the Works
shall be as per the actual at their cost and risk.
48
KW -4
SECTION 7: SPECIFICATIONS
The materials should be purchased from recognized and registered firm which is
approved by ESCOM / KPTCL for electrical works.
All the materials should be as per relevant BIS.
Test certificates where ever necessary may should be furnished
ATTACHED
49
KW -4
SECTION 8 : DRAWINGS
ATTACHED
50
KW -4
SECTION 9: BILL OF QUANTITIES
BOQ as in e-portal
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: ITT 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)]
51
KW -4
SECTION 10: FORMAT OF BANK GUARANTEE FOR SECURITY DEPOSIT
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] 11_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]12 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.
This guarantee shall be valid until 30 days from the date of expiry of the Defect
Liability Period / Maintenance Period.
11
An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in
the Contract
12
An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in
the Contract
52
KW -4
SECTION 11: FORMAT OF BID SECURITY (BANK GUARANTEE)
53
KW -4
Annexure
POWER OF ATTORNEY
(On Non-Judicial Stamp Paper of Value Rs. 200/-)
KNOW ALL MEN BY THESE PRESENTS that we .......................................................a
Company incorporated under the laws of ………………..and having its Registered
Office/Head Office at ……..(Hereinafter called " Bidder” which expression shall unless
repugnant to the Context or meaning thereof, include its successors, administrators and
assigns) acting through Mr………………..its constitute, nominate and appoint
M/s………………..a Company incorporated under the laws of ……………….. and having its
Registered/ Head Office at ……..as its duly constituted lawful Attorney (hereinafter called
"Attorney” or "Authorized Representative”) to exercise all or any of the powers for and on
behalf of the 'Manufacturer / Bidder in regard to Specification No .................. Package
………………..the Bids for which have been invited by ……………….. (Address
"Owner/Employer/Employer – Karnataka Industrial Areas Development Baord”) to
undertake the following acts:
i) To submit proposal and participate in the aforesaid Bid Specification of the
"Owner/Employer” on behalf of the “Bidder”.
ii) To negotiate with the “Owner/Employer” the Terms and Conditions including Price for
Award of the Contract pursuant to the aforesaid Bid and to sign the Contract with the
"Owner/Employer' for and on behalf of the Bidder.
iii) To receive accept and execute the Contract for and on behalf of the “Bidder”.
iv) To do any other act or submit any Document related to the above.
It is expressly understood that the Power of Attorney shall remain valid, binding and
irrevocable till submission of the Contract Performance Guarantee in terms of the Contract.
The " Bidder” hereby agrees and undertakes to satisfy and confirm all whatsoever the said
"Attorney”/"Authorised Representative” quotes in the Bid, negotiates and signs the Contract
with the "Owner/Employer" and/or purports to act on behalf of the " Bidder” by virtue of
this Power of Attorney and the same shall bind the "Bidder” as if done by itself.
IN WITNESS WHEREOF THE “Bidder” has executed these Presents at ………… on this day
Of………under the Common Seal of the Bidder company.
WITNESSES:
1. Signature ...........................................
Name..………………..………………..
Designation .................………………..
Occupation .........................................
54