Delay damages and termination
Delay damages are one-tenth of one percent of contract value per calendar day (or part), capped at 10% of contract value; milestone delay is also stated at Rs.50 per lakh of balance work per day. Reaching maximum LD is a fundamental-breach termination trigger.
Very tight and internally inconsistent delivery
The specific contract period is only 03 months, but the contract template uses 12-month milestones. Without a conformed three-month programme, the bidder faces programme, LD and acceptance uncertainty.
Security and cash-flow exposure
Post-award EMD rises to 2½%; deep-discount bids require extra security. Retention is unresolved between 2% and 7.5%, and no interest is paid on EMD. These provisions can materially lock working capital.
No escalation and broad all-inclusive pricing
No rate escalation is payable unless specifically stated. The quoted percentage is broadly inclusive of materials, machinery, transport, temporary works, safety, insurance, wages, royalties, taxes/duties, clean-up and general risks; bidders carry procurement and site-condition assumptions.
Measurement and payment risk
Payment is based on finished, measured and check-measured work; absence of the contractor/agent does not prevent measurement. Interim payments are provisional, and conflicting retention clauses create uncertainty. Claims must be notified in writing within 15 days of occurrence.
Broad contractor risk and insurance
All property-loss, personal-injury and death risks arising from performance are assigned to the contractor. Joint-name insurance must cover works, plant/materials, equipment, connected property and personnel; policy evidence is due at agreement, and KMC can procure cover and recover premium if the contractor fails.
Termination and forfeiture exposure
KMC may terminate for specified fundamental breaches and also for convenience. On contractor default, site materials, plant, equipment, temporary works and works are deemed Department property. Bid withdrawal, failure to sign agreement within 15 days, false submissions or original-document mismatch can lead to EMD forfeiture, blacklisting/suspension and prosecution.