CE AKLZ AKL 2018-19 T-19R Version 1 1559023250731

CE/AKLZ/AKL/2018-19/T-19R
Maharashtra State Electricity Distibution Co. Ltd.
Tender Details 28-05-2019 11:30:48

Tender Code CE/AKLZ/AKL/2018-19/T-19R
Tender Type Works Tender
Type Of Bid Two Bid
Description Full turnkey tender for system improvement work,
on high loss feeder under Akola Urban-I
subdivision under Akola Circle
Estimated Cost Inclusive of GST (In Lakhs) 235.99
Basis of prices NA
Tender Validity NA
Delivery Requirement (In Months) NA
Tender on rate contract basis NO

Tender Fee (In INR) 5000
GST In INR (@18% on Tender Fee: SAC No. 900
Total Tender Fee Amount including GST in INR.
5900
Due date of submission up-to 03-06-2019 15:00

Techno-Commercial Bid opening on 03-06-2019 17:00
Price Bid opening on 04-06-2019 12:00
Shri Rajiv Ramteke , 7875763006
Contact
,ceakola@gmail.com
Pre-Qualifying Req as per tender terms & conditions
Budget Type Capex
Scheme Code O AND M
Scheme Name O AND M
Department Technical
Office Type ZONE
Location Type Akola Zone
Designation Executive Engineer(Distribution)
Pre-Bid Meeting Address Office of the Chief Engineer 1st floor Vidyut
Bhavan, Ratanlal Plot Akola-444001
Bid Opening Address Office of the Chief Engineer 1st floor Vidyut
Bhavan, Ratanlal Plot Akola-444001
Version No 1
Call for Deviation NO
Is Annexure C1 Applicable NA
Pre-Bid Meeting Date 31-05-2019 12:00
Annexure C1 Opening Date NA
Page 1 of 212
Is Manufacturer Applicable NO
Is Trader Applicable NO
Minimum % of Offered quantity NA
Page 2 of 212
FF-1129(e) Dist-Two Bid(R-III/06/18)
Maharashtra State Electricity Distribution Company Limited

Plot No. 9 Prakashgad, First Floor, Station Road, Bandra (East), Mumbai - 400 051
INVITATION TO TENDER AND INSTRUCTION TO TENDERERS (SECTION I)
TENDER FORM (NOT TRANSFERABLE)
(TO BE SUBMITTED ONLINE DULY FILLED IN AND DIGITALLY SIGNED)
To be submitted online not later than the date mentioned in the tender details. For
participating in tender opening, the tenderer can login at the specified time and date of opening of
the tender, if he desires so.
The tenderer is requested to quote his lowest rates F.O.R. destination for the supply
of materials. The material is required at various places in the State of Maharashtra. The
tender documents duly filled-in and digitally signed, are to be submitted online before due time &
date of the submission of tender in prescribed form.
FOR CHIEF ENGINEER (M.M.CELL)
INSTRUCTIONS TO THE TENDERERS
I. SCOPE OF WORK:
The scope of work under this tender is for design, engineering (wherever applicable),
manufacture, inspection & testing before despatch, packing and supply of material /
equipments as specified in Annexure-D/Technical Specifications, at various destination sites /
stores Centers of the Purchaser in Maharashtra.
II. PRICES:
Prices are acceptable only on F.O.R. destination basis inclusive of Goods and Service Tax
(GST for brevity) i.e. Integrated GST (IGST) for outside State / Central GST+ State GST
(CGST+SGST) for with in State, risk in transit, freight showing the break-up as desired in the
Annexure ‘B’. It shall be noted that quotations not conforming to F.O.R. Destination basis
inclusive of IGST /(CGST+SGST) etc. and to the unit as specified in Annexure ‘B’, shall be
rejected even though the tenderer’s offer may be lowest. Therefore, the prices shall be quoted
only in the form of Annexure ‘B’ of the tender documents. The tenderer shall quote Ex-Works
Price and element of freight and insurance alongwith applicable rate of IGST/(CGST+SGST). The
F.O.R. destination price i.e. upto site or the Store Centre of the purchaser as the case may be inclusive of
IGST/(CGST+SGST), risk in transit and freight prepaid will be programmatically calculated. While raising
the invoices, however, IGST/(CGST+SGST) should be shown separately in the invoice raised.
The prices to be quoted by the tenderer should take into account the credit available on input under
the ‘Input Tax Credit’ scheme available under GST Law including such credit allowed on the stock
available as on the appointed day of GST as per Transitional Provisions.
The tenderer should give a declaration that any input tax credit in respect of duties on inputs as
admissible under GST Law is being totally and unconditionally passed on the purchaser in the
price quoted by him.
The tenderer should declare that in quoting the above price, tenderer has taken into account
the entire credit on inputs available under under the ‘Input Tax Credit’ scheme available under GST
Law.
Page 3 of 212
The tenderer should further agree to pass on such additional duties/taxes as input tax credit
as may become available in future in respect of all the inputs used in the manufacture of the final
product on the date of the supply under under the ‘Input Tax Credit’ scheme available under GST
Law by way of reduction of prices and advise the purchaser accordingly.
III. TAXES :
(i) The F.O.R. destination rate shall be quoted inclusive of IGST/(CGST+SGST). While raising the
invoices, however, IGST/(CGST+SGST) should be shown separately in the invoice raised. The
same shall be indicated against respective clauses of Annexure ‘B’ without any ambiguity.
(ii)It is imperative for the tenderer to indicate the amount of IGST/(CGST+SGST) included in their
price while giving the break-up of F.O.R. destination price in Annexure ‘B’, failing which, the
offer will be treated as ambiguous and will be rejected as per the provisions of clause IX of tender
form. In case the IGST/(CGST+SGST) is not Payable partially / fully, the tenderer shall indicate
the reasons thereof duly supported by documentary evidence.
(iii) The Purchaser is registered under Goods and Service Tax Act and should comply with all the
statutory compliance requirements of GST Law diligently.
IV. BASIS OF PRICES:
The tenderer shall quote the prices on firm price basis or on variable price basis only, as has
been specifically brought out in the Tender Details. For any deviation in this regard, the offer shall be
summarily rejected.
V. PRICE VARIATION:
In case of offer which is called on price variation basis, the price variation shall be
admissible as per the price variation formula specified in Annexure ‘G’ of this tender. No
deviation shall be acceptable in the price variation formula. For any deviation, the offer shall be
summarily rejected.
VI. DELIVERY:
(i) Tenderer is requested to quote delivery F.O.R. DESTINATION only. Tenderer should quote clear
delivery schedule in the format specified in Techno-Commercial Bid. Offers, with qualified
delivery schedule which directly or indirectly affects the Conditions of Tender & Supply given
in Annexure ‘A’ shall be rejected.
(ii) It is mandatory on the part of the tenderer to quote the delivery on monthly basis. If the
offered delivery is indicated on quarterly basis, then the delivery would be counted
proportionately in three equal installments per month for liabilities of the contract including
payment of price variation and levy of liquidated damages.
(iii) Size mix for the purpose of delivery, when delivery is quoted in assorted items, shall be
determined by the Purchaser while issuing the A/T or despatch instructions and will be
binding on the tenderer The Purchaser will also have the liberty of modifying the size mix for
the purpose of delivery rates, even after the A/T is issued.
(iv) Offer shall be rejected if the commencement period and rate of delivery per month is
not indicated.
Page 4 of 212
VII. OFFERING THE MATERIAL:
The person/entity should not have controlling stake in more than one entity applied for the tender/
bid. Necessary certificate duly certified by chartered engineer/accountant to this effect
shall be submitted along with the tender documents.
Factory address, from which the bidder intends to supply the material against the tender, shall be as
indicated in the latest approved on line vendor registration form on e-tendering through which the vendor
is submitting the offer.
The tenderer shall offer the rates, taxes as applicable for the factory location indicated in his latest
approved on line vendor registration form on e-Tendering through which he is submitting his offer.
Tenderers shall quote the delivery only in the unit of the item specified in Annexure ‘B’ i.e. if
the quantity is in sets or in tones or in numbers or in kilometers or in coils, the rate of delivery shall
only be in the same unit. Similarly, if the tenderer quotes combined delivery in assorted sizes for all
the items, he would be required to supply all the items ordered on him in fair proportion or
particular item / items as may be required by the Purchaser at his option.
Further, if bidder s found to be conflict of interest shall be disqualified A bidder may be considered
to have a conflict of interest with one or more parties in a bidding process if they:
(a)Have controlling shareholders in common; or
(b)Receive or have received any direct or indirect subsidy from any of them; or
(c)Have the same legal representative for purposes of a bid; or
(d)Have a relationship with each other, directly or through common third parties, that puts them in a
position to have access to information about or influence on a bid of another bidder, or influence
the decisions of the Employer regarding the bidding process.
VIII. QUOTATION:
(i) Tenderers shall quote his rate per unit specified in Annexure ‘B’ / Price Bid in figures.
(ii) Tenderer’s printed terms and conditions will not be considered as forming part of
the tender.
(iii) For each of the items quoted, tenderer shall offer minimum 20% (Twenty percent) of the
advertised qty. (advertised qty. means the qty. required as indicated in Annexure ‘B’ / Price Bid)
and the tenderer shall be able to deliver the said minimum offered qty. within the delivery
requirement of the Purchaser as indicated in the tender documents, failing which,
the offer shall not be acceptable. However the offered quantity for Distribution transformers
and conductors shall be minimum 10%.
IX. AMBIGUITY IN QUOTATION:
The tenderer is requested to please make a note that in case of ambiguous terms in respect of
F.O.R. condition, GST, basis of price (i.e. firm / variable) or if the blanks are not filled
in/answered, the offer/tender shall be rejected.
Page 5 of 212
X. FILLING IN OF ANNEXURE :
The tenderer is requested to ensure that the comments against each and every item / clause
of Annexure shall be clearly filled in and answered. Any item/clause shall not be left blank or
unanswered. If any item/clause is not applicable, the “Not Applicable (N.A.)” checkbox shall be
selected.
XI. ADDITIONS/ALTERATIONS PROHIBITED:
The tenderer shall not make any additions, alterations or changes in the Tender Form and
the Conditions of Tender & Supply (Annexure ‘A’) including the description of material
mentioned in Annexure ‘B’. They should quote rate for the material described or click the
checkbox ‘Not quoted’ against each of the item in Annexure ‘B’ / Price Bid.
XII. DISCLOSING THE NAME OF THE MANUFACTURER:
Whenever a material is described by name of the particular brand or being offered on

resale basis, the tenderer shall specifically disclose the name of the original supplier or the
manufacturer in vendor registration form. The tenderer shall not be allowed to supply the
material offered from any other manufacturer than specified by him unless the permission in
Writing is obtained from the Purchaser.
XIII. I.S.I. LICENCE: (Applicable for requirement of ISI marked material only).
A scanned copy of valid ISI License (full Copy) duly sealed & signed must be uploaded in
the registration form, failing which, the offer shall be rejected. In case the validity of the ISI license is
expiring before date of submission of tender, necessary documentary proof of having applied for
renewal of validity of the ISI license must be uploaded in vendor registration form.
XIV. MANDATORY REQUIREMENT OF SUBMISSION OF OFFER:

The offer shall be submitted online duly filled in; attaching all the required
documents, completed in all respects and should be digitally signed.
XV. SUBMISSION OF DRAWING & BILL OF MATERIAL:
The tenderer shall submit the drawings and bill of material conforming to the tender
specification wherever applicable. In such cases, the offer without the drawings and bill of material
shall not be evaluated and considered. The drawings and bill of material submitted along with the
tender shall not be considered for evaluation of the offer but the drawings and bill of material of the
successful tenderer shall be scrutinized when the Purchaser decides to accept such tender. It may,
however, be noted that Purchaser’s action of evaluation of the tender bid would not mean approval
of the drawings and bill of material submitted along with the tender bid.
The tenderer shall depute his representative for discussion on the drawings, either immediately
on hearing from the Purchaser or after receipt of Letter of Award. The formalities like
submission of drawings, bill of material etc. and getting the same approved by the Purchaser shall
be completed by the successful tenderer within TEN WORKING DAYS from the date of Letter of
Award of the contract. Any delay in this regard shall lead to cancellation of the Letter of Award at the
risk and cost of the tenderer. Finalised drawings and bill of material will be attached to the A/T. The
supplies against the contract shall conform to the approved detailed drawings/bill of material and
the detailed technical specifications.
Page 6 of 212
XVI. SUBMISSION OF SAMPLES:
Wherever mentioned, the sample of each item offered shall be submitted free of cost to
the Executive Engineer (Respective Purchase Group) of this office before the due time and date
of submission of the tender. The samples submitted shall be strictly conforming to the
specification and drawings of the material offered. If the sample is found to be not as per the
specifications and drawings, the offer will not be considered and no correspondence from the
tenderer for accepting actual supplies conforming to Purchaser’s requirement will be
entertained. The sample of successful tenderer shall be retained with the Purchaser. Unsuccessful
tenderer, on notification, shall collect the sample within 30 days from the date of notification
at own Cost of the tenderer, failing which the sample shall be treated as Purchaser’s property
without any payment and any further notice.
The tenderer who sends the offer/sample by post should ensure superscribing the details of
despatches of samples on the envelope containing their offer..
Whenever requirement of sample is specified, no tender/offer will be opened unless-the

condition of the sample submission is complied with. In case the sample is not submitted as
required, it will be considered that no offer is made by the tenderer for supply of material.
XVII. NAME OF AGENT/REPRESENTATIVE:
The digital certificate shall be in the name of person authorized by the firm during vendor
registration process. In case, the digital certificate is compromised or the person holding the digital
certificate is no longer authorized to digitally sign the tender, it is the responsibility of the tenderer to
revoke this certificate and obtain the fresh certificate. While submitting the bids online only valid digital
certificate shall be used. The registered vendors are requested to check the validity of digital signature and
prior to the expiry date & they are requested to get their Digital signature key validated before expiry of
the same. MSEDCL shall not be responsible for Non-submission of any of the Bids (Techno Commercial
Bid, Deviation Bid, Price Bid, Annexure-C-1) by vendors due to expired/Invalid Digital signature. All
vendors are requested to opt for class-III digital certificate from any of the certifying authority licensed
from controller of certifying authorities (CCA) mentioned in certificate link(for registered vendor) & get
digital certificate link (for new vendor) . You may please visit their center nearest to you or website or
call on any of their phone numbers for new class-III digital signing certificate.
The registered vendors are requested to update their vendor registration details & documents from
time to time and get the approval of the MSEDCL authority accordingly after verification of original
documents.
The tenderer is responsible for all the contractual liabilities and responsibilities thereof.
In case the tenderer authorizes the agent or the representative to deal on behalf of the tenderer, the name
and address of such person should be informed to the purchaser. The tenderer shall submit the power of
Attorney in favour of agents / representative duly executed before the Notary. In the absence of the Power
of Attorney, the purchaser shall not deal with the agent / representative.
XVIII. PAST EXPERIENCE:

To judge the capacity and capability of the tenderer or his manufacturer, the tenderer shall
furnish the list of orders executed by him or his manufacturers/ principals for the last three years
indicating the order reference, name of the purchaser, quantity ordered, value, delivery executed
and deviation/slippage in delivery and also the details alongwith certificate if any in vendor
Page 7 of 212
registration form and get the same approved from the purchaser before submission of tender. The
details of pending orders and quantities outstanding against the orders of this Purchaser and others
should be submitted separately in electronic document form.
XIX (A) OFFER OF MICRO & SMALL ENTERPRISES AND OTHER UNITS:
The tenderer registered with Directorate of Industries of Government of Maharashtra for
manufacturing the items tendered / offered and those who have attached valid certificate at the time of
vendor registration shall be considered for concessions applicable and procurement of reserved items
as per GoM G.R. dtd. 30-10-2015 amended upto date . These benefits shall be available only to those
items approved during the registration process and subsequent updates in registration upto the
submission of this tender.
Based on concession of Central Government’s Micro & Small Enterprises office order
dtd. 23-03-2012, 241 items are being kept reserved. As per above reservation of items 100 % reserved
items to be purchased from Micro & Small Enterprises out of which 20 % reserved items to be
purchased from S.C./S.T. enterprises. Reservation is applicable for a limited period unless & until re-
examined. If Micro & Small Enterprises participated in the tender and the tendered item is not reserved
then 20 % order with L-1 rate to be given to Micro & Small Enterprises and out of this 20 % , 4 % to
be given to S.C./S.T. enterprises.
If there are any specific Government Directives such as reservation of items for units in
Maharashtra, non-eligibility of preference to SSI units etc. for particular items, price and purchase
preference etc. the same would be applicable irrespective of the fact that it has not been specifically
incorporated in the tender notice and/or tender documents.
XIX (B) PREFERENCE TO INDUSTRIAL UNITS LOCATED IN MAHARASHTRA AND

OFFERS BY MATCHING RATES WITH LOWEST ACCEPTABLE TENDERER:
The lowest acceptable rate will be the unit rate worked out without considering
IGST/(CGST+SGST) as applicable and the same rate will be considered as applicable to the
respective tenderer who has agreed to accept order at lowest acceptable rate.
1) If the lowest acceptable rate received against the tender is from a tenderer outside Maharashtra,
then they shall be considered for order upto 50% of Purchaser’s requirement and if industrial
units located in Maharashtra are agreeable to accept order at such lowest acceptable rate, such
industrial unit in Maharashtra shall be considered for order upto 50% of Purchaser’s
requirement by matching their rates with lowest acceptable unit rates exclusive of
IGST/(CGST+SGST).
However, if industrial units located in Maharashtra are not agree to accept order at such lowest
acceptable rate, then full supply order shall be placed on tenderers outside Maharashtra.The
Purchaser reserves the right to distribute the quantity among Tenderers after matching their
rates with the rate of lowest acceptable tenderer.
Further, it is to note if the bidder registered outside Maharashtra submitted offer and given
address of Maharashtra will be considered as bidder from Maharashtra only if offered the rate
with (CGST+SGST).
2) The tenderers who are not eligible under the above clauses can also give their
confirmation to accept order at the lowest acceptable rate received against the tender. They
could be considered for this entitlement only after allocating quantities of Maharashtra State
Industrial units as per the provisions stated at (1) above, in the order of merit as per price
Page 8 of 212
ranking for the balance quantity remained to be procured. The Maharashtra State
Industrial units who are not eligible for the purchase preference as above could also be
considered for this preference under this clause in the order of merit of their prices. Other
tenderers shall be considered for the order by matching their rates with the rate of lowest
acceptable tenderer after allocating reasonable quantities first to the industrial units of
Maharashtra eligible under Clause 5(a) and 5(b) of Annexure ‘C-1’.
The lowest acceptable rate is known only on the date of decision by the Competent
Authority, hence the lowest acceptable rates of the tender cannot be declared in advance,
however lowest acceptable rate of the tender would be equal to or more than the lowest rate received in
the tender.
The confirmation for acceptance of the order at the lowest acceptable rate indicated as above
shall be given in the format as per Annexure ‘C-l’ of the tender documents. The same should be
submitted online on or before the due time and date of submission of Annexure ‘C-1’. The
confirmation shall be opened online on due time and date of opening of Annexure ‘C-1’. Schedule for
submission and opening of Annexure ‘C-1’ shall be communicated separately by e-mail and on the
website. Though confirmation in Annexure `C-1’ as above is called from all the qualified
tenderers, the tenderers, who quoted rates within the range of 5 % in comparison with the lowest
acceptable rates, shall only be considered and their Annexure `C-1’ will be opened on the date and
time intimated subsequently in the presence of tenderers who chose to be present. Provided,
however, that the Annexure `C-1’ of the tenderers, who have quoted above the range of 5 % in
comparison with the lowest acceptable rates, shall also be considered in case the aforesaid tenderers
within the range of 5 % are unable to fulfill the quantity requirement. In that case also, the date of
opening of Annexure `C-1’ will be intimated to the tenderers
In the above confirmation, if the tenderer indicates any rate, then the confirmation given by
the tenderer will not be considered as valid.
Above confirmation for the quantity less than as indicated in Clause VIII (iii) of Instructions to
the Tenderer shall not be acceptable.
The prices indicated in the original offer shall not be considered as valid once offer for
acceptance of order by matching rates is given. In the event of withdrawal of offer by matching
rates within the validity period, the entire offer against the tender shall become invalid and shall be
summarily rejected and the earnest money paid by the tenderer shall be forfeited.
The lowest acceptable tenderer would be considered for awarding order upto 75% of
requirement or any reasonable quantity subject to his capacity and capability with following
restrictions:
Trial Order: - New firms, who have not supplied tendered item to any Government / Semi
Government Utility or SEB, may be considered for trial orders limited up to
20 % of total requirement.
Restricted Order:-Firms which are new to Purchaser but have supplied tendered item
to any Government / Semi Government Utility / SEB or the firms which
have executed MSEDCL’s one order, may be considered for restricted order
up to 25% of the requirement.
Page 9 of 212
Regular Order:-Firms who have satisfactorily executed MSEDCL’s two orders for
tendered items, may be considered for regular order.
If any balance quantity remained after allocation as mentioned above will be allocated
amongst the bidders whose quoted price(s) are within 5% and have matched with Lowest
Acceptable Tenderer, subject to their capacities.
Further quantity allocation in following events to be done as under:-
If matching rate offer is not available, 100% quantity will be allotted to L-1 bidder provided
he is regular supplier and have capacity to supply total quantity. If L-1 bidder is new or semi regular
then after allocation of quantity as per quantity allocation criteria, balance quantity will be allotted
to offers available with matching rate who have quoted above the range of 5% in comparison with
the lowest acceptable rates.
In case L-1 offer is either from new/semi regular supplier and only 1 matching rate offer
from regular supplier is available then quantities will be allocated as per quantity allocation to
new/semi regular supplier. The remaining quantities will be allotted to regular supplier.
In case L-1 offer is either from new/semi regular supplier and only 1 matching rate offer
from new/semi regular supplier is available then quantities will be allocated as per quantity
allocation to new/ semi regular supplier. The balance quantity will be allotted to offers available
with matching rate who have quoted above the range of 5% in comparison with the lowest
acceptable rates.
It is summarized as Wherever, only one offer of Regular supplier is available at L-1 or at

matched price, after allotting quantity to new/ semi regular supplier if any, all remaining quantities
shall be allotted to Regular Supplier.
XX. EARNEST MONEY DEPOSIT (EMD):
The tenderer should pay the Earnest Money @1% (One Percent) of the Estimated Value of
Tender.
The earnest money shall be paid online or by demand draft drawn on the scheduled bank in
Mumbai in favor of MSEDCL, Mumbai. Reference to the tender no. should be given in case the EMD
is paid by demand draft before the due date of the tender and the relevant deposit amount should be
mentioned in the tender. Interest shall not be allowed on EMD. Earnest money deposit shall be
forfeited (i) in case the tenderer withdraws the tender/offer during the validity period (ii) in case the
tenderer fails to pay the security deposit if the contract is awarded.
However, tenderers from the following categories are exempted from payment of earnest money
deposit.
1) All Government and semi Government institutions under Govt. of Maharashtra and Zilla
Parishad in Maharashtra and fully owned undertaking of any State Govt. and Govt. of India only
for the items manufactured by such institutions.
2) Micro and Small Enterprises registered under Micro, Small and Medium Enterprises
Development Act-2006 only for the items mentioned in their permanent registration certificate at
the time of vendor registration.
Page 10 of 212
3) The tenderer registered with N.S.I.C. and those who have attached valid N.S.I.C.
Registration Certificate at the time of vendor registration.
The benefits mentioned in (1) to (3) above shall be available only to those items approved during
the registration process and subsequent updates in registration upto the date of submission of this tender.
Exempted bidders should upload a latest valid certificate issued by any approved body of
‘Ministry of Small & Medium Enterprises’ (MSME) such as ‘National Small Industries Corporation’
(NSIC) or ‘District Industries Centre’ (DIC) for EMD exemption.
XXI. SIGNING OF THE TENDER DOCUMENTS:

Offer shall be submitted alongwith the tender documents and duly filled in with all Sections
/ Annexures / Appendixes / Schedules etc. The offer shall be signed with valid digital signature.
XXII. SUBMISSION / SUPERSCRIBING OF THE TENDER DOCUMENTS: The offer is to

be submitted as follows:
1)Online Submission:
[a] Techno - Commercial Bid (Part I)

This part shall contain all technical and commercial aspects of the bid and documents
supporting the same except the Price Bid.
The tenderer is requested to please make a note that in case of, the Price Bid(Part-II)
is submitted instead of Techno-Commercial Bid in Part I or submitted Price Bid
(Part-II) along with Techno-Commercial Bid in Part I , the offer shall be rejected.
[b] Price Bid (Part II)
This part shall contain only the Price Bid strictly in the prescribed format i.e. Annexure ‘B’.
2) Offline Submission:
[c] Physical submission of documents (Part III) –
Envelope for this part shall contain documents like Type Test Reports, Drawings, Bill of
Material, Catalogues etc. wherever applicable as per technical specification and they shall be
scanned and these scanned documents to be taken into PDF format on CD media (2 sets) and are
to be submitted to EE (SM) in sealed envelope on or before due date & time of submission.
METHOD OF SUBMISSION OF PART III AND THEIR OPENING:
[d] This envelope shall be individually sealed and shall be superscribed with the name
and address of tenderers and the following information before posting or delivering the same:
(i) Tender No.
(ii) Due date and time of submission.
(iii) Due date and time of opening.
Envelope as above shall be submitted on or before the prescribed due date and time of
submission and shall be opened on due date and time of opening prescribed.
In case of tenderers whose techno-commercial bid is acceptable, their Price Bids will
be opened at a later date. This date shall be intimated to such tenderers separately.
Page 11 of 212
XXIII. TIMELY SUBMISSION OF OFFER:

(a) The tender is to be submitted online on or before due date and time of submission to the
Purchaser at website.
(b) It is advisable to submit the digitally signed offer sufficiently in advance of due date and
time so as to avoid last minute trafficking at server.
(c) Offer received after the due date and time of submission shall not be accepted.
(d) In case, the due date of opening of tender happens to be holiday, the offer shall be opened
on the next working day at the same time.
XXIV. The Purchaser reserves the right to reject any offer without assigning any reason
whatsoever.
XXV. DISREGARD OF TENDER CONDITIONS:

Tender containing any deviations / additions / alterations /changes in the conditions of the tender
and supply as stated in Annexure ‘A’, ‘B’, ‘C-l’, ‘D’, ‘E’, ‘G’ shall not be acceptable.
The tenderer having digitally signed all the tender documents indicates any deviations/
additions/alterations/changes in the covering letter, unrelated annexures and schedules of the offer or
elsewhere, the same shall be ignored and the offer shall be treated as meeting with all specified tender
conditions.
XXVI. PROHIBITION FOR POST TENDER CORRESPONDENCE:
The Tenderer should note that no correspondence shall be entertained or considered after the
due date and time of submission of tender unless otherwise sought by the Purchaser.
XXVII. RIGHT TO ORDER OUT QUANTITY IN VARIANCE TO

OFFERED QUANTITY:
The Purchaser reserves the right to order out / procure any quantity in excess to the extent of
50% or any less quantity, of the quantities offered by the tenderer. The quantity specified may be for
despatch to one destination or several places.
XXVIII. ACCEPTANCE OF TENDER:

The Purchaser does not bind itself to accept the lowest or any tender, neither will any reasons
be assigned for the rejection of any tender or part of tender. It is also not binding on the
Purchaser to disclose any analysis report on tender/samples. The tenderer on his part binds himself to
supply any item or items selected from his offer in part or whole at the option of the Purchaser.
XXIX. NOTIFICATION OF AWARD:

Notification of Award of contract will be made by a letter of Award, to be sent by registered
post or given by hand, to the successful tenderer by the Purchaser. It could also be made, by
e-mail or by Fax to be confirmed in writing by registered post to the successful tenderer by the
Purchaser.
XXX. EARNEST MONEY OF UNSUCCESSFUL TENDERER:
Earnest money deposited shall be returned to the unsuccessful tenderer as soon as possible after
the tender has been decided and on submission of receipt of E.M.D. payment to the G.M. (F&A-SB),
MSEDCL, Prakashgad, Station Road, Bandra (East), Mumbai -400051.
Page 12 of 212
XXXI. VALIDITY OF OFFERS:
The tenderer shall keep the offer valid for acceptance upto and including last date of
calender month, covering the date of completion of 120 days (one hundred and Twenty days)
from the date of opening of the tender and shall also agree to extend the period of validity required
by the Purchaser. The tenderer shall not be allowed to modify or change the conditions of the tender
while extending the period of validity.
XXXII. The Policy & Procedure for Debarring of Agency from Business Dealings with MSEDCL is
as per Section-IV in order to ensure participation of reliable and honest bidders /
contractors / vendors, etc. and forms the parts of tender document.
The bidder shall submit the declaration along with the bid as below:
a) The business dealings with the agency have not been debarred by any Ministry of GoI / GoM /
State owned electricity distribution utility and still in force.
b) The Directors, Proprietors, Partners, Employee(s) or owner of the agency have not been either
jointly or severally guilty of malpractices in relation to its business dealings with the
Government or MSEDCL during the last five years.
XXXIII. CORRUPT OR FRAUDULENT PRACTICES:

The Maharashtra State Electricity Distribution Company Ltd. and the State require that
bidders/ suppliers/ contractors observe the highest standard of ethics during the procurement and
execution of such contracts. In pursuance of this policy, MSEDCL:
(a) defines for the purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice” means behavior on the part of officials in the public or private
sectors by which they improperly and unlawfully enrich themselves and/or those close
to them, or induce others to do so, by misusing the position in which they are placed,
and it includes the offering, giving, receiving or soliciting of anything of value to
influence the action of any such official in the procurement process or in contract
execution; and
(ii) “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 Employer,
and includes collusive practice among bidders (prior to or after bid submission)
designed to establish bid prices at artificial non-competitive levels and to deprive the
Employer of the benefits of free and open competition.
(b) will reject a proposal for award if it determines that the bidder recommended for award has
engaged in corrupt or fraudulent practices in competing for the contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be
awarded an MSEDCL contract if at any time it determines that the firm has engaged in
corrupt or fraudulent practices in competing for, or in executing, an MSEDCL contract.
XXXIV. INFLUENCE:
Any efforts by the bidders to influence the owner during evaluation process before order
placement will be rejected. Similarly deviation in the term of payments, penalty, security
deposit, delivery period will be treated as non-responsive quotation / offer and will not be
considered for evaluation /order placement.
Page 13 of 212
Bidder shall submit the undertaking certifying that they have not approached any one for
undue influence.
XXXV. TENDER FEES EXEMPTION:

Tenderers from the following categories are exempted from payment of Tender fees:
1) All Government and semi Government institutions under Govt. of Maharashtra and
Zilla Parishad in Maharashtra and fully owned undertaking of any State Govt. and Govt.
of India only for the items manufactured by such institutions.
2) Micro and Small Enterprises registered under Micro, Small and Medium Enterprises
Development Act-2006 only for the items mentioned in their permanent registration
certificate at the time of vendor registration.
3) The tenderer registered with N.S.I.C. and those who have attached valid
N.S.I.C. Registration Certificate at the time of vendor registration.
The benefits mentioned in (1) to (3) above shall be available only to those items
approved during the registration process and subsequent updates in registration upto the date
of submission of this tender.
The tender fee paid against the particular tender shall not be refunded /transferred
/adjusted at all.
XXXVI. PRE-BID MEETING :
1) The bidder or its official representative is invited to attend pre-bid meeting(s) which
will take place at the place, date and time designated in the Bidding Data.
2) The purpose of the pre-bid meeting(s) will be to present the salient features of the
bidding documents to the bidders, including the bid submittal requirements, the
Conditions of Contract (including payment terms and conditions), the technical features
of the project, and to clarify issues and to answer questions on any matter that may be
raised by the bidders.
3) The bidder is advised to visit the Site and study the bid document thoroughly, and is
requested to submit any questions in writing or by fax, to reach the Employer not later
than one week before the pre-bid meeting.
4) Minutes of the meetings, including the text of the questions raised and the responses
given, will be transmitted without delay to all the prospective bidders through the
website cpa1.mahadiscom.in / www.mahadiscom.com. Any modification of the bidding
documents listed which may become necessary as a result of the pre-bid meetings shall
be made by the Employer exclusively through the issue of an Addendum pursuant to
Clause and not through the minutes of the pre-bid meetings.
5) Non attendance at the pre-bid meeting will not be a cause for disqualification of a
bidder. Nevertheless, senior representatives of the bidders are strongly encouraged to
participate in the pre-bid meeting to help ensure that they fully understand the key
concerns of the Employer and the Employer’s requirements.
Page 14 of 212
XXXVII. CLARIFICATION ON DEVIATIONS:
The purchaser, if necessary, shall obtain clarifications on deviations by requesting for such
information from any or all the tenderers in writing, as may be necessary.
The same should be submitted online on or before the due time and date of submission of
Deviation Bid. The clarification shall be opened online on due time and date of opening of Deviation
Bid.
The Schedule for submission and opening of Deviation Bid shall be communicated by auto
generated e-mail of the e-tender website cpa1.mahadiscom.in.
XXXVIII. E-REVERSE AUCTION: (Where ever Applicable)
E-Reverse Auction shall be conducted for finalization of contract, order shall be placed
on overall lowest tender basis. For the reverse auction, technically and commercially
acceptable tenderers and whose price bids have been opened only shall be eligible to
participate.
CERTIFICATE:
I/We agree to supply the materials at the rates herein tendered by me/us subject to the
conditions of tender and supply in Annexure ‘A’ of this tender which I/We have carefully read and which
I/we have thoroughly understood and to which I/we agree. I/we hereby agree to keep this offer
open upto the date mentioned in tender details and shall be bound by communication of acceptance
despatched within the validity period.
Page 15 of 212
FF-1115(e) Dist (R-3/06/18)
ANNEXURE ‘A’
CONDITIONS OF TENDER AND SUPPLY (SECTION II)
1) EFFECT OF CONTRACT:
The contract shall be considered as having come in to force from the date of Notification of Award.
The tenderer whose offer is accepted is hereinafter called “the supplier”.
2) SECURITY DEPOSIT:
(a)The supplier shall pay within 15 days, security deposit @ 3 % of the value of the order.Supplier
will have to pay additional security deposit for the extension of order if issued.If the contract is awarded to
authorized dealer,the manufacturer has to submit security deposit otherwise it shall be furnished by that
authorized dealer.
(b)Security deposit applicable will be 2% (Two percent) of the order value for the following
categories of suppliers :
i) Units in Maharashtra registered with DGS & D, New Delhi and Controller, Printing and
Stationary Kolkata,
ii) All Government and semi Government institutions under Govt. of Maharashtra and Zilla Parishad
in Maharashtra and fully owned undertaking of any State Govt. and Govt. of India only for the
items manufactured by such institutions.
(c ) Units registered with Directorate of Industries, District Industries Center and Central Stores
Purchase Organization,Mumbai and Mirco and Small Enterprieses registered with N.S.I.C. and Micro,
Small and Medium Enterprises Development Institute (MSMEDI) shall be exempted from payment of
security deposit for value of order upto Rs. 25,000/- and If the value of order is above Rs. 25,000 /- then
security deposit @ 3% or Rs. 10,000/- whichever is lower will be payable against the contract excluding
first amount of Rs. 25,000/-.
The benefits mentioned in (b) to (c) above shall be available only to those items approved during the
registration process and subsequent updates in registration upto the date of submission of this tender.
The failure to make payment of security deposit within 15 days as above will be viewed seriously and
the contract awarded shall be liable to be terminated at the risk and cost of the supplier and the supplier
shall be solely responsible for the consequences arising out of such termination.
The security deposit shall be paid in favour of Purchaser by way of:

i) Cash or
ii) Cheque or demand draft on any Nationalized / scheduled bank in Mumbai or
iii) When the amount exceeds Rs. 5,000/-,Security deposit shall be paid by bank guarantee in
the standard form of purchaser from any Nationalized/ scheduled bank valid for 90 (ninety)
days from the date of expiry of the guarantee period of last consignment of materials as
specified in guarantee clause given in conditions of Tender and supply .
This security deposit in cash/DD or in the form of bank guarantee or otherwise is for the due
performance of the material/contract and the same shall be liable to apportion towards amount due or
becoming due by the supplier on :
i. his failure to execute this order or
ii. any other contract and
iii. in the event of non fulfillment of the terms and conditions of the contract.
iv. Non completion of guarantee period of the supplied equipments /material.
Page 16 of 212
FF-1115(e) Dist (R-3/06/18)
The security deposit shall be refunded within 90(Ninety) days from the date of expiry of the
guarantee period of last consignment of equipments /material supplied, specified in condition of guarantee
stated herein below Sr. No.25 OR within 30 (thirty) days on furnishing of contract performance deposit in
the form of cash or DD from any Nationalized /Scheduled bank or from acceptance of bank guarantee
furnished by the supplier which is valid for completion of last consignment guarantee period. The
PURCHASER shall not be liable to pay any interest or compensation to the contractor for retaining the
deposit after the end of said period.
3) QUALITY OF SUPPLIES:
All materials supplied shall be strictly as per specification laid down and in accordance with the
approved standard samples. In case of any materials for which there are no standard / approved samples,
the supplies shall be of the best workmanship and good quality and this office shall be informed of the
progress of manufacture of the material.
4) MATERIAL AND COMPONENTS:

The material and components not specifically stated in this specification but which are necessary
for satisfactory operation of the equipment / items specified, shall be deemed to be included unless
specifically excluded and shall be supplied without any extra cost.
5) SAMPLE BEFORE COMMENCING BULK SUPPLIES (Wherever necessary):

(A) Before taking up the manufacture of the bulk supply, the supplier shall get one number sample
of each item approved and sealed from the Purchaser’s Executive Engineer (IW) or its
authorized representative, within 15 days from the receipt of the order. No bulk supply should
be made unless the sample is approved by the inspecting officer. The supplier shall give
advance intimation of 15 days from the date of receipt of order to the Executive Engineer
(Inspection Wing), Maharashtra State Electricity Distribution Co. Ltd., Material Management
Cell, 1st Floor, ‘Prakashgad’, Station Road, Bandra (EAST), Mumbai -400 051, for sample
approval. The sample so approved, shall be a master sample retained for reference purposes, at
supplier’s works till the last consignment is despatched.
The time allowed for commencing delivery includes the time required for getting the sample
approved as above. If, however, 15 days from date of receipt of the intimation for sample
approval, the period for commencing / completing the supplies will be considered to have been
extended by the excess time taken for intimating the approval. If the approval of the sample is
not received from the inspecting officer within 15 days, the supplier shall remind this office for
the same in writing.
(B) Consignee’s Sample: At the time of inspection, the supplier shall get approved and sealed by
the Purchaser’s inspecting officer, as many samples as the number of consignees as stated
above and each of the approved sample must be forwarded with the first lot being despatched
to the respective consignee together with the copy of the relevant inspection report and the
related test certificates.
6) ACCEPTANCE OF SUPPLIES/INSPECTION:
(a) The supplier shall normally offer at a time, the entire quantity required to be delivered every
month as per the delivery schedule indicated at Annexure ‘B’ of A/T for the purpose of
inspection by the Purchaser. However, in exceptional circumstances, the supplier may be allowed
to offer quantity at a time not less than 50% of the quantity required to be delivered every month.
(b) Materials shall be inspected by the Purchaser’s Executive Engineer/or the representative
authorized by the Purchaser before despatch. An intimation in the prescribed proforma about the
date on which materials shall be ready for inspection, indicating approximate quantity, shall have
to be given to the Executive Engineer (Inspection Wing), Maharashtra State Electricity
Distribution Co. Ltd., ‘Prakashgad’. 1st floor, Station Road, Bandra (East), Mumbai - 400 051,
so as to reach him sufficiently in advance, failing which, the supplier shall be responsible for
Page 17 of 212
FF-1115(e) Dist (R-3/06/18)
delay in delivery on account of inspection. On receipt of such intimation, the materials shall be
inspected within 20 days. The materials shall be despatched only after inspection and approval of
same by the Inspector. The inspection approval letter shall be valid for a period of 30 days from
the date of issue of letter to enable the supplier pack the material and arrange transportation
thereof so that material should be reached at the respective consignee within 30 days from
the date of inspection approval letter. After this period of 30 days, the validity of this
inspection approval letter will lapse. If the supplier fails to dispatch or the material is not reached
within 30 days to respective consignees, the approval of purchaser is to be sought by the supplier
for revalidation of inspection approval letter.
Further the price variation shall be payable limited to the period of original call letter or the
actual date of despatch whichever is lower and the liquidated damages for late delivery shall be
levied on such delays.
The positive price variation and statutory variations for supplies beyond contractual
delivery period will not be allowed.
In case of delay in delivery beyond contractual delivery period, the prices of items
supplied will remain firm, where delay is not attributable to MSEDCL, however
MSEDCL will recover the negative price variation amount applicable as on contractual
due date or actual date of supply whichever is beneficial to MSEDCL.
(c) The supplier shall notify the names of the consignees to whom the inspected lot would be
despatched. The Inspector shall intimate change in destination, if any, at the time of inspection
approval and accordingly the material shall be despatched. The supplier shall get the copies of
inspection approval letter together with witness certificate duly signed by the concerned
Inspecting Officer IN BLUE INK only and also mention reference or inspection approval letter
on the challan / invoice, failing which any delay occurred in getting the S.R. Notes from the
consignees would be solely to supplier’s account.
(d) Factory address, from which the bidder has to supply the material, shall be as indicated in the
latest approved on line vendor registration form on e-tendering through which the bidder has
submitted the offer.
(e) In the event, during the inspection by the Purchaser’s Inspecting Officer, if it is observed that the
quantity actually offered for inspection is less than the quantity indicated for inspection in the
inspection call, the Purchaser shall be entitled to recover from the supplier, the actual expenses
incurred for arranging the inspection, and the supplier shall not dispute the amount to be
recovered.
(f) The supplier shall submit the test certificates/reports from any approved laboratory or the
laboratory of his own for the respective quantity of material, before despatch. The material shall
not be despatched unless and until the test certificates are approved by the Purchaser.
(g) All the necessary help shall be extended by the supplier to the authorized representative of the
Purchaser to carry out testing of equipment/materials.
7) RIGHT TO CARRY OUT INSPECTION DURING MANUFACTURING:

The Purchaser at its option, will inspect the material ordered during its process of manufacturing
including the inspection of raw materials and will request the supplier to carry out such tests as may be
necessary to ensure proper quality of the material. The samples of components of the material shall be
subject to quality check by the inspecting officer during manufacturing.
8) RIGHT TO REVISE DESPATCH INSTRUCTIONS, DELIVERY SCHEDULE AND TO DEFER

SUPPLIES:
i) The Purchaser reserves its right to revise the despatch instructions issued alongwith the order, at the
time of giving final clearance for despatch after inspection of the material. If such change in
destination is not intimated at the time of inspection approval or waival of inspection, the supplier
Page 18 of 212
FF-1115(e) Dist (R-3/06/18)
shall despatch the material as per the despatch instruction in accordance with A/T indicated by him in
the inspection call letter.
ii) The Purchaser reserves its right to change the delivery schedule of the contract either by reducing the
monthly lot upto 60% of the agreed lot or by increasing the same upto 120% of the agreed lot with
prior two months notice and the Purchaser shall not be liable to pay any compensation/damages on
account of such change in delivery schedule.
iii) The Purchaser reserves its right to defer the balance supply to be received against the order by giving
two months notice for a maximum period of 6 months. In such an event, the delivery period for the
deferred material shall be deemed to be extended proportionate to the period of deferment and the
Purchaser shall not be liable to pay any compensation/ damages on account of such deferment of
deliveries.
9) WAGON LOADS/TRUCK LOADS:

Quantity to be despatched to consignee may not necessarily be in full wagon load/truck load and
may be part load as per the Purchaser’s requirements.
10) ROAD TRANSPORT:

In case the supplier prefers to despatch the materials by road transport at his risk and cost and
without any extra cost to the Purchaser, the materials shall be accepted only during office hours on
working days. The supplier should ensure that the goods reach the stores sufficiently in advance so as to
arrange their unloading during office hours, failing which, the Purchaser shall not be liable for unloading
and for inconvenience caused to the transport contractor in the form of detention etc. Unloading at stores
shall be arranged by the consignee.
11) PAYMENT OF FREIGHT CHARGES:

Railway Receipt should be prepaid. In case the freight is not prepaid, the freight charges paid plus
applicable taxes, if any shall be recovered from the supplier with additional ‘TWENTY PERCENT’
amount of freight.
12) CLEAR RAILWAY RECEIPT:

Packing used shall be conforming to specifications/conditions laid down by the railways and clear
railway receipt shall be obtained by the supplier without any ambiguity, so as to facilitate proper clearance
of goods at destination.
13) DESPATCH INTIMATION:

The supplier shall inform telegraphically to the consignee details of despatch giving RR/ LR No.,
Wagon/Truck No., Type of wagon, craneable consignment or otherwise, total value of consignment, etc. to
facilitate the consignee to arrange for clearance of goods.
14) BILL OF MATERIALS:

The supplier shall furnish bill of materials for each type of equipment/material offered which
should be consistent with the drawing, sample, specification and guaranteed technical particulars. The
copies of the bill of materials should always be enclosed alongwith the bill submitted by the supplier for
payment wherein he should specifically mention the materials / components despatched out of the bill of
materials, if the equipment is not sent in totality. Where the equipment/material to be supplied consist of
more than one component, the supplier claiming payment for equipment/materials shall certify that all
components of the equipment/ material have been supplied in full for the quantity indicated in the invoice.
Part payment shall not be allowed.
Page 19 of 212
FF-1115(e) Dist (R-3/06/18)
15) PACKING LIST:

Each package shall contain, in waterproof cover, the detailed list indicating the order reference,
date, list of content and reference to the approved bill of materials. Each item contained in the package
shall be described sufficiently to enable identification of the quantity, weight etc. There should not be any
alteration in the packing list incorporated in the order, copy of the packing list should be sent to all the
consignees, Chief Engineer (M.M.Cell) as well as G.M. (F&A-SB) and should be enclosed with the bills
along with other documents.
16) VERIFICATION OF MATERIAL SUPPLIED:

The Purchaser shall have the option to carryout various tests including type tests as per
specification on the samples selected at random from the supplies effected, to ensure that the supplies
conform in quality and workmanship to the relevant specification. The testing shall be done at independent
laboratory at Purchaser’s cost. Due notice shall be given to supplier for such sample selection and such
testing thereof to enable him to be present for the same if so desired by him. If the supplier or his
authorized representative fails to attend the sample selection and testing, the same shall be carried out
unilaterally by the Purchaser and the result thereof shall be binding upon the supplier.
In case the sample selected from the supplies fails to withstand the required tests, then
I. for the first time failure of sample,
(a) supplier shall have to replace the full quantity of the respective inspected lot supplied to
various Stores and lying unused at Stores.
(b) for the quantity already accepted against the order and used, deduction in price of
10% of the value of material supplied plus applicable taxes, if any shall be made AND
II. in respect of further supplies made against the order, if failure of sample is noticed (i.e.
second time failure against the order),
(a) the quantity lying unused at various Stores shall be rejected.
(b) for the quantity already accepted against the order and used, deduction in price of 10% of
the value of material supplied plus applicable taxes, if any shall be made,
(c) balance quantity against the order including the rejected quantity shall be cancelled
without any liability on either side,
(d) the firm will be debarred from dealing with the Purchaser irrespective of grounds for
debarring in MSEDCL debar policy as per Section-IV.
17) REPLACEMENT OF GOODS LOST, BROKEN OR DAMAGED:

Not withstanding anything herein contained, the supplier undertakes to be responsible for the safe
arrival of the materials in good condition and without any loss or damage at the final destination and until
the same be actually delivered to and received by the Purchaser at its stores or other place of final
destination and for this purpose, materials carried by railways or other carrier shall be deemed to be so
carried at the risk of the supplier. In case of transit damage/shortages, the payment shall be made only for
the quantity received in good and working condition and the consignee shall lodge claims with carriers and
transfer the same to the supplier with all necessary documents for settlement of the same with carriers at
the supplier’s end. The transit damages/shortages/losses reported by the consignee shall be
repaired/replaced by the supplier duly inspected, free of cost, within one month from the date of such
intimation of breakages/shortages/losses without waiting for settlement of the claims from carrier or
insurance co. etc.
18) REPLACEMENT OF REJECTED MATERIALS:

If, on inspection at the final destination, the Purchaser discovers any loss in the materials supplied
or that they are received in damaged condition or that in the opinion of the Purchaser, they are not of the
contracted quality or specification, the Purchaser shall be entitled (notwithstanding that the property in the
materials shall have passed on to the Purchaser) to refuse to accept or reject the materials altogether and
claim damages or cancel the contract and buy its requirements from any of its suppliers stipulating earliest
possible delivery and in accordance with its tender system against the supplier and recover the damages if
any, from the supplier from any outstanding sums that may be due to the supplier from the Purchaser
against this contract or against any of the contract entered into with the supplier, without prejudice to other
Page 20 of 212
FF-1115(e) Dist (R-3/06/18)
rights and remedies available to it in law and reserving always to itself the right to forfeit the security
deposit placed by the supplier for the due fulfillment of the contract.
In case the stores/materials are found not in accordance with the prescribed specifications and/or
the approved sample, the same will be rejected and the supplier shall replace the rejected stores/materials
free of cost within one month from the date of intimation. The replacement of goods shall also have to be
got inspected as per inspection clause. Further if the stores/ equipment supplied becomes incomplete on
account of either rejection or short supply of its components, the complete cost of the stores/equipment
shall be recovered from supplier’s bills without notice.
19) TOLERANCE IN QUANTITY TO BE SUPPLIED:

Variation in quantity to be supplied against confirmed order shall be permissible upto FIVE
PERCENT PER ITEM PER CONSIGNEE limited up to order quantity.
20) MATERIAL DESPATCHED AND PROGRAMME:

A statement as under indicating despatches effected during every month shall be furnished to this office
along with the programme of manufacturing/despatches during the following two months. In the event of no
despatch, the statement shall contain nil information. This statement should reach this office on or before 7th of
succeeding month addressed to Chief Engineer(M.M.Cell),Mumbai-400051,[Attention :Supdt. Engineer
(M.M.Cell)].
MONTHLY STATEMENT: I. Name of Supplier:

II. Reporting Month:
Qty.
Despatched
RR/LR Date of Between Programme
Item No. Delivery Actual 26th of of supply
Sr
A/T No. Material As Per Consignee Challan Receipt Preceding during the
No.
A/T No. With of month and next 2
date Material 25th of the months
Reporting
month
1 2 3 4 5 6 7 8 9
Consolidated details of the above information shall be furnished to office of the Chief Engineer
(M.M.Cell) after completing the supplies of a particular order. The copy of this consolidated information
shall invariably be forwarded to the respective consignees, failing which, security deposit paid against the
contract shall not be released.
21) SUBMISSION OF BILLS:

No payment shall be made for the supply of equipment/item in part components.
22) PAYMENT OF BILLS:

100% payment of the Contract price will be paid by A/c payee cheques within 120 days from the
date of receipt of entire lot as scheduled in commencement period or in monthly delivery schedule of
material at the stores in good condition. However, in respect of only those entities which qualify for 45
days payment period under the Micro, Small and Medium Enterprises Development Act, 2006, 100%
payment of the Contract price will be paid by A/c payee cheques within 45 days from the date of receipt
of entire lot as scheduled in commencement period or in monthly delivery schedule of material at the
stores in good condition. The material is to be tested / measured by the field Officers / Consignees
wherever provided for. Date of issue of cheques shall be the date of payment. Following documents will
have to be forwarded to the G.M. (F&A-SB), Maharashtra State Electricity Distribution Co. Ltd.,
Prakashgad, Station Road, Bandra (East), Mumbai - 400 051 along with bills in triplicate with copy to the
Page 21 of 212
FF-1115(e) Dist (R-3/06/18)
consignees, to facilitate payment.

(i) Invoice issued in accordance with the provisions of GST Invoice Rules.
(ii) Certificate of proper despatch
(iii) Xerox copy of despatch document (i.e. RR/LR).
(iv) Inspection / TC Approval.
(v) E Way Bill, copy of acceptance letter of bank guarantee for security deposit, authority of
exemption thereof.
(vi) Detailed packing list.
(vii) Bill of materials.
(viii) The relevant document in support of price variation claim.
(ix) Xerox copy of monthly despatch statement required as per clause 20 above.
Where required by the Purchaser, the successful tenderer must send the operation and maintenance
manuals, test certificates, drawings etc. for the material ordered. These should be sent immediately after
despatch of material and a statement to that effect should be made in the invoice. Failure to comply with
this provision will result in delay in payment of the bill.
The supplier shall forward the original R.R./ L.R. direct to the consignee along with various
documents as stated below in this clause. The original bill shall be forwarded to the G.M. (F&A-SB),
Prakashgad, Bandra (E) and marked ORIGINAL. The bill should indicate the GST registration no. and
date held by him under the GST Law. The Purchaser shall not be responsible for delay in payment of bills
if the supplier fails to comply with any of the above requirements.
Supplier’s copy of S.R.Note will be forwarded by the consignees through their respective Major
Stores for supplier’s record towards acknowledgement of receipt of material. Accounts copy of S.R. Note
will be forwarded by the respective Major Stores to G.M. (F&A-SB) for payment.
Wherever the payment is to be effected against Material Receipt Intimation (MRI) and if the
supplier fails to forward the documents such as inspection report, bill of materials, approved drawings,
etc. alongwith the invoice to the respective consignees, the MRI issued will be a qualified one and no
payment shall be made against the said MRI.
The whole of the first lot as well as monthly lot when delivered in installments, the date of
delivery and due date of payment will be counted after the receipt of the entire lot along with following
documents complete in all respect by the consignee:
i) Copy of invoice/challan
ii) Packing list
iii) Approved sample(if applicable)
iii) Original copy of RR/LR
iv) Inspection approval letter signed by the Inspecting Officer in Blue ink along with copies of
routine/acceptance test certificate or copy of letter of waival of inspection as the case may be.
The Purchaser at it’s discretion, shall arrange for payments as above from its own sources or
alternatively under ICICI line of credit / IDBI rediscounting scheme / D.D.S. of SIDBI as per terms of
ICICI / IDBI / SIDBI as may be applicable, in which case, co-acceptance charges/stamp duty shall be to
Purchaser’s account.
Any amount more than Rs. One Lakh can be transferred to the bank Account of the supplier
electronically. For this RTGS (Real Time Gross Settelement) provision, following information is to be
furnished by the tenderer in the required documents of the online offer.
1. Name of the Company
2. Name of the Bank & Branch with address where the amount is to be transferred.
3. Current Account Number (15 digits)
4. RTGS No. / (IFSC Code ) ( Indian Finanacial Security Code)
5. MICR Code of the Bank
6. Company’s email ID
7. Contact Name & Telephone No.
Page 22 of 212
FF-1115(e) Dist (R-3/06/18)
23) TAXES :
(A) Notwithstanding the fact that contract price is inclusive of GST :

(i) GST shall be paid at actuals on the basis of due date of delivery or actual date of supply
whichever is lower against documentary evidence.
(ii) Variation in GST on bought out items shall not be entertained.
(B) Structural changes in and due to ‘Input Tax Credit’ Scheme : -
(i) In the event of any structural change occurred in the Input Tax Credit Scheme after the date of
submission of the tender till the currency of the contract, the benefit out of such change shall be
passed on to the purchaser.
(ii) In the event of ‘Input Tax Credit’ being extended by the GST Law which were otherwise
ineligible for claiming Input tax credit therof, the seller should advise the purchaser about the
additional benefits accrued or any variation thereof, through a letter containing such details and
comptation within such time as may be agreed between both the parties i.e. Supplier & MSEDCL.
24) DEDUCTION:
Any amount or amounts which become payable by the supplier to the purchaser under a particular
contract, shall be deducted by the purchaser from any amount/amounts due or becoming due to the
supplier under the same or any other contract and shall be adjusted against dues to the Purchaser.
25) GUARANTEE:
Goods offered shall be guaranteed for a period of 24 months from the date of commissioning or
30 months from the date of dispatch whichever is earlier. The stores/ materials found defective within the
above guarantee period shall be replaced/repaired by the supplier free of cost, within one month of receipt
of intimation. If the defective store/materials are not replaced/repaired within the specified period as
above, the Purchaser shall recover an equivalent amount plus 15 % supervision charges(Plus GST as may
be applicable) from any of the bills of the supplier. Further, in case of repeated failures of equipments /
material, the Purchaser reserves the right to debar / disqualify the supplier for future tenders / orders
irrespective of grounds for debarring in MSEDCL debar policy as per Section-IV.
26) LIFTING OF REJECTED/DAMAGED MATERIALS:

a) On failure to replace or repair the transit damaged or rejected material within one month from the
date of intimation as required under tender, it shall be deemed to have concluded that such material
is finally rejected. The damaged/rejected material shall be lifted by the supplier within 30 days from
the date of receipt of notice to that effect from the concerned consignee on reimbursement to the
Purchaser of the cost of the material / equipment, if any, already paid in terms of payment clause in
the contract and actual expenses incurred by the consignee towards octroi, handling,
demurrage/wharfage/undercharges, freight, insurance premium etc. The Purchaser shall not be
responsible in any case for the loss, destruction, damage, deterioration of the material after expiry of
the said 30 days period.
b) If the supplier fails to lift the material within this period, the material will remain with the Purchaser
at the cost and risk of the supplier. Supplier shall, therefore, be liable to pay ground rent @ 0.1%
(Plus GST as may be applicable) per day of purchase cost of the material to be lifted from the date of
intimation of rejection till the actual date of lifting.
c) The Purchaser will be also free to dispose of such material, after the period of said 30 days, by
Public auction/Tender notice/Destruction as may be deemed fit and storage charges @ 0.1 % (Plus
GST as may be applicable) per day of purchase cost will be recovered from the date of intimation of
rejection of materials till the date of realization of the sale amount/physical removal of the material
Page 23 of 212
FF-1115(e) Dist (R-3/06/18)
besides the actual expenses incurred as referred to at (a) above.
d) Not withstanding what is contended in the foregoing clauses, the supplier shall be liable to pay the
Purchaser the cost and expenses incurred by the Purchaser, if any, including ground rent and the
same shall be appropriated and recovered from the sale proceeds.
27) LIQUIDATED DAMAGES FOR LATE DELIVERY:

In case the materials are not delivered within the period stipulated in the order, the supplier shall
be liable to pay at the discretion of the competent authority of the Purchaser, the liquidated damages to the
Purchaser upto half percent per week or part of week Plus applicable taxes, if any on the price subject to a
maximum of cumulative ceiling of 10% reckoned on the contract value of such complete portion or section
of the plant, equipment or material delayed and also the portion supplied which could not be brought into
commission due to any part thereof not having been delivered in time. Due consideration may be given in
the levy of liquidated damages for reasons absolutely beyond the control of the supplier, for which
documentary evidence shall be produced to the satisfaction of the competent authority of the Purchaser.
The Purchaser shall be entitled to deduct/recover the amount of liquidated damages from the
current bill payable to the supplier or any other amount due or payable to him against this or any other
contract.
For computing the liquidated damages for delayed supplies, the date of railway receipt or the date
of receipt of materials at stores in case of road transport, shall be the date of delivery.
In case the Purchaser does not arrange for inspection of material within 20 days from the date of
receipt of inspection call in its office, the period of more than 20 days will not be considered for levy of
liquidated damages. For computing the period taken for inspection in such cases, the relevant date
mentioned in the inspection certificate issued by the inspecting officer would be considered.
27.1 ORDER PLACED ON TIME PREFERENCE BASIS (WHEREVER APPLICABLE):
In case of order on time preference basis (i.e. orders given at higher rate on delivery period
considerations only) if order is given at higher rate of L-2 (or L-3 etc.), then the payment at higher rates
will be made provided the firm makes supplies within the stipulated time period. In case of delay in
supplies, the payment will be made at the rates offered by L-1. In addition, Clause No. 27 above for
Liquidated Damages for late delivery will also be applicable.
27.2 FORCE MAJEURE CLAUSE:
If, at any time, during the continuance of this contract the performance in whole or in part by
either party of any obligation under this contract shall be prevented of delayed by reason of any war,
hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics,
quarantine restriction, strikes, lock-outs or acts of God (hereinafter referred to as “events”), provided
notice of happening of any such eventuality is given by either party to the other within 21 days from the
date of occurrence thereof, neither party shall by reason of such event, be entitled to terminate this contract
nor shall either party have any claim for damages against the other in respect of such non-performance or
delay in performance; and deliveries under the contract shall be resumed as soon as practicable after such
event has come to an end or ceased to exist, and the decision of the purchasing officer as to whether the
deliveries have been so resumed or not, shall be final and conclusive, provided further that if the
performance in whole or part of any obligation under this contract is prevented or delayed by reason of any
such event for a period exceeding 60 days, either party may at its option terminate the contract
PROVIDED ALSO that it the contract is terminated under this clause, the purchaser shall be at liberty take
over from the contract at a price to be fixed by the purchasing Officer which shall be final all unused,
undamaged and acceptable materials, bought out components and stores in course of manufacture in the
possession of the contractor at the time of such termination or such portion thereof as the purchaser may
deem fit accepting such material, bought out components and stores as the contractor may with the
concurrence of the purchaser elect to retain.
Page 24 of 212
FF-1115(e) Dist (R-3/06/18)
28) ACCEPTANCE OF LOWER FORD RATE OFFERED IN SUBSEQUENT TENDER :

During contractual delivery period of supply , the quoted rates with PV / without PV shall remain
the same , however for same specification of material if the rates will receive lower in another subsequent
tender in extended period of contract then it is binding on the supplier to supply the same material at
lower rate for balance quantity of material i.e. in case if price bid of next subsequent tender of similar
technical specification is opened and FORD rate found lower than the ongoing contracts this FORD rate
shall be made applicable for the balance quantity beyond contractual delivery period. Further the
purchaser reserves the right to allow the supplier to deliver the quantity or otherwise beyond the
contractual delivery period.
However other stipulations of clause No. 27 of Section-II i.e. Annexure-A will remain unchanged.
29) PERFORMANCE OF CONTRACT:
The Purchaser will not be in any way liable for non-performance either in whole or in part of any
contract or for any delay in performance thereof in consequence of strikes, shortage, non-availability of
raw materials, combination of labour or workmen or lockout, breakdown or accident to machinery or
accidents of whatever nature, failure on the part of the railways to supply sufficient wagons to carry
essential raw materials etc. and finished products from the stores, subject to the provision and stipulation
made in condition No. 27 as stated above i.e. Liquidated damages for late delivery.
30) PERFORMANCE DEPOSIT: (Wherever applicable)

30.1 After the first consignment is effected and when the 100% payment thereof becomes due to the
contractor, he will have to furnish contract performance deposit as mentioned in Clause 30.2
below for proper fulfillment of the contract for balance period of contract upto expiry of
guarantee period.
30.2 The contract performance deposit shall be of an amount equal to 10% of the contract value
and shall be paid by all the types of contractors. The Security Deposit paid by the contractor
shall be refunded on furnishing the contract performance deposit within 30 days. The contract
performance deposit shall be furnished in the prescribed form.
30.3 The contract performance deposit shall be refunded within 90 days from the date of expiry of the
guarantee period of the equipment supplied. The purchaser shall not be liable to pay any interest
or compensation to the contractor for retaining the deposit after the end of the said period.
30.4 The contract performance deposit is intended to secure the performance of the contract
for guarantee period of the equipment supplied. However, it is not to be construed as limiting
the damages stipulated in other clauses of the contract.
31) POWER OF ATTORNEY:

It will be obligatory on the supplier to communicate the revocation of Power of Attorney, if any,
after submission of offer till the execution of contract failing which the act/s & action done by the
agent/representative shall be deemed to be the valid act/s & action of the tenderer/ supplier.
32) JURISDICTION:
Any disputes or difference arising under, out of or in connection with this tender or contract if
concluded, shall be subject to the exclusive jurisdiction of the “Courts” in Mumbai.
33) TERMINATION OF CONTRACT :
1) The decision of the Purchaser shall be final as regards the acceptability of the stores supplied by
the supplier and the Purchaser shall not be required to give any reason in writing or otherwise at
any time for the rejection of the stores/materials.
Page 25 of 212
FF-1115(e) Dist (R-3/06/18)
2) In case the contractor/supplier fails to deliver the stores/material or any consignment thereof
within the contracted period of delivery or in case the stores/materials are found not in
accordance with the prescribed specification , approved samples and the performance of the
supplied material is not found satisfactory, the Purchaser shall exercise in discretionary power
either,
(a) to purchase from elsewhere, after giving due notice to the contractor, at the risk of
contractor, such stores/material not so delivered or other of similar description, without
canceling the contract in respect of consignment not yet due for delivery,
OR
(b) to cancel the contract reserving Purchaser’s right to recover damages Plus GST as may be
applicable.
(c) notwithstanding that the powers under (a) and (b) referred above are in addition to the
rights and remedy available to the Purchaser under the General Law of India relating to
contract.
(d) Purchaser reserves right to recover damages against risk purchase or 10 % value of
non-supplied material plus applicable taxes, if any whichever is higher.
In the event of risk purchase of stores of similar description, the option of the Purchaser shall be
final. In the event of action taken under (a) or (b) above, the supplier shall be liable for any loss
which the Purchaser may sustain on that account but the supplier shall not be entitled to any saving
on such purchases made against default.
3) Further contract can be terminated in case of sub-standard /poor quality material.
34) SUSPENSION OF THE SUPPLIER:
During the execution of the supply if the events as under happens then the supplier shall be
suspended:-
a) If the enquiry conducted by CBI or any other investigating Agency and recommended for
suspension.
b) If the Purchaser finds the offense of moral turpitude committed by the supplier.
c) If it is found that supplier has attempted some irregular/illegal activities to gain the order.
35) REMOVAL FROM LIST OF REGISTERED VENDORS:
In the event of disqualification, as the case may be, the bidder will be de-listed for that
particular item/s from the list of registered vendors of MSEDCL’s e-tendering system for the
disqualified period. On expiry of disqualified period the bidder, if he desires, shall have to register
again after following the prevailing registration process.
Page 26 of 212
FF-1115(e) Dist (R-3/06/18)
36) TAX DEDUCTED AT SOURCE:
The purchaser shall deduct tax at source in accordance with the provisions of the GST laws as and
when the same is notified
NOTES:
(i) In respect of Micro, Small and Medium Enterprises, best efforts will be made for payment
within 45 days from date of submission of invoice along with requisite documents after the
delivery of entire lot. However, no claim for interest will be entertained in case of delay in
payment beyond 45 days. The Micro, Small and Medium Enterprises who are ready to
accept this payment term may only quote. No dispute in this regard will be entertained.
(ii) After completion of order, the claims of whatsoever nature lodged after 30 days from the
last date of payment will not be entertained.
Page 27 of 212
FF-1117e Dist. (R-I/12/16)
ANNEXURE ‘C-l’
[To be submitted later on as per as per Clause XIX(B) of Instructions]
CONFIRMATION FOR ACCEPTING ORDER BY MATCHING RATES WITH LOWEST
ACCEPTABLE TENDERER
APPLICABLE FOR INDUSTRIAL UNITS FROM MAHARASHTRA ONLY
Marketing Assistance and Purchase Preference to the units from Maharashtra (refer Clause XIX of
Instructions to Tenderers):-
5. (a) In case your unit is located in Maharashtra and the lowest

acceptable rate received against the tender is from the unit
outside Maharashtra, please confirm whether you are
agreeable to accept order at that lowest acceptable rate ......................................................
limited to 50% (fifty percent) of our requirement.
APPLICABLE FOR ALL TENDERERS INCLUDING

THOSE ELIGIBLE UNDER THE ABOVE CLAUSES:
....................................................
5. (b) Please confirm whether you are agreeable to accept order
at the lowest acceptable rate received against the tender.
[Industrial units from Maharashtra can give option under 5(b) above for balance quantity]
Note:-
1. If the tenderer gives the above confirmation for the quantity less than as indicated in Clause
VIII (iii) of the Instructions to the Tenderers, then the above confirmation shall not be
acceptable.
2. Tenderers may confirm matching for one or more items originally tendered.
3. Any withdrawal of confirmation for order by matching rate within validity of offer will
render the entire offer invalid and shall be summarily rejected and Earnest Money Deposit
shall stand forfeited.
4. A tenderer will not be entitled to the benefit of offers by matching rates and will not be
considered for orders if his original offer is rejected on the ground of ambiguity or because
of not accepting/non compliance of the terms & conditions of the tender.
5. In the above confirmation, if the tenderer indicates any rate, then the above confirmation
given by the tenderer will not be considered as valid.
Page 28 of 212
Rev. III/09
ADDITIONAL INSTRUCTIONS
(Applicable for tenders called on Rate Contract basis)
RATE CONTRACT:
The terms and conditions for the rate contract shall be same as those specified in Annexure ‘A’
Conditions of Tender & Supply, with the following additions/modifications. These clauses are
applicable wherever they are deviating from the relevant clauses of the tender form and shall
supersede the terms & conditions mentioned therein and shall be applicable to the rate contract tender.
1.0 PERIOD OF RATE CONTRACT:

The rate contract shall be in operation for a period of one year from the date of Award of Contract.
2.0 QUANTITY:
2.1 Quantity ordered in Annexure ‘B’ of the tender documents or quantity, which shall be ordered on
successful bidder, is only the estimated requirement for the contract period of one year. The
actual supply against the contract shall be limited to the quantity demanded during the contract
period which shall not be less than 40% of the ordered quantity.
2.2 It will not be binding on the part of the purchaser to draw the entire quantity during the contract
period.
2.3 On expiry of the contract period, any undemanded portion of the contract shall stand
automatically cancelled without any financial liability on either side.
3.0 DELIVERY PERIOD:

3.1 The delivery schedule offered shall indicate the quantity of first lot and the rate per month at which
the supply shall be effected.
For quantities demanded upto 40% of the contract quantity, commencement period will be allowed
for the first demand only. The deliveries of subsequent demands shall be effected at the agreed
monthly rate from the date of receipt of such demands or the expiry of the delivery period of the
earlier demands which ever is later.
For the balance quantity over and above 40% of contract quantity, if demanded separately, the
delivery period as agreed including the commencement period will be applicable.
3.2 The demanding officer will issue dispatch instructions as per his requirement. The quantity
demanded per consignee could be less than or equal to monthly lot specified in the contract.
Whenever as per demands, the quantity to be supplied to a consignee in a particular month is less
than monthly lot quantity, the said quantity will be treated as lot quantity for the purpose of
delivery and payment.
3.3 In the last demand/s made, if the deliveries cannot be effected within the contract period after
counting the delivery period in the above manner, the contract period shall stand automatically
extended till the expiry of the delivery period counted in the above manner, unless instructed by
the concerned Demanding Officer not to dispatch the material after expiry of the contract period.
3.4 The commencement of the delivery period shall include the period for submission of prototype/
sample (wherever applicable) and approval of the same and also the time required for routine
inspection and approval of test certificates, wherever required.
Page 29 of 212
MSEDCL, AKOLA ZONE SECTION 1
BID NO: CE/AKLZ/AKL/T/T-19(R)/2018-19 INSTRUCTIONS TO BIDDERS
Maharashtra State Electricity Distribution

Company Ltd.
Akola Zone
Full Turnkey Contract for System Improvement
work on High Loss Feeders (11 KV Cotton Market
& 11KV Tajnapeth Feeder) under Akola (U-I)
Sb/Dn. of Akola Urban Division under Akola
Circle.
(Tender No.: CE/AKLZ/AKL/T/T-19(R)/2018-19)
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. PAGE 1 OF 174
Page 30 of 212
BID DOCUMENT
( Document Version –I)
BID DOCUMENT TREE
Volume I Part A Volume I Part B
Section 1: Instruction to Bidders Section 5: Declaration by Contractor
Section 2: General Conditions of Contract Section 6: Sample Form
Section 3: Form of Price Proposal Section 7: Price Variation Formulae
Section 4: Schedule of Prices & Schedule Section 8: Criteria for approval of Vendors
of Payments
Page 31 of 212
CONTAINTS OF BID DOCUMENT
Volume I , PART – A
Invitation, Instructions to Bidders and General conditions of contract

Detailed Notice Inviting Tender
Section 1: Instruction to Bidders
Section 2: General Conditions of Contract
Section 3: Form of Technical and Price Proposal & Appendixes
Section 4: Schedule of Prices & Schedule of Payments
Volume – I, Part – B
Declaration, Sample Forms, Price Variation, Vendor Approval

Section 5: Declaration by Contractor
Section 6: Sample Forms: Bid Security; Letter of Acceptance; Contract
Agreement; Security deposit; Application for Payment.
Section 7: Price Variation Formulae
Section 8: Criteria for approval of vendors
Volume – II,
Technical Specifications, Drawings

Section 9: Technical Specifications
Section 10: Standard Drawings
(Uploaded on websit www.mahadiscom.in)
Page 32 of 212
Invitation for Bids
Page 33 of 212
Invitation for Bids

Tender No: CE/AKLZ/AKL/T/T-19(R)/2018-19
1. The Maharashtra State Electricity Distribution Company Ltd. (MSEDCL), represented
by the Chief Engineer (O&M) Akola Zone (hereinafter referred to as "the Employer",
wishes to receive bids for Full Turnkey Contract for System Improvement work; i)
Replacement of LT O/H Line by LT Aerial Bunched cable ii) Providing of Mid Pole in
existing Long span LT Lines, while conversion as above, on High Loss feeders (11 KV
Cotton Market & 11 KV Tajnapeth Feeder) under Akola Urban-I Sub-division Areas of
Akola Urban Division, of Akola Circle on single point responsibility, indivisible” Full
Turnkey” contract basis, as defined in these bidding documents (hereinafter referred to
as "the Works”), and as described in the Bidding Documents.
2. The Chief Engineer (Akola Zone), on behalf of MSEDCL (the Employer), now
invites sealed bids from eligible bidders for the supply, test, transport, construction,
erection, testing and commissioning of the Works under Tender CE/AKLZ/AKL/T/
T-19(R)/2018-19 as described in the following Table:
Tender Tender Cost in EMD (1%)

Division Sub-Division
No. (Rs. lakhs) (Rs. Lakhs)
Akola
Akola Urban- I T-19(R) Rs.235.98 Rs. 2.35
Urban
Note:- These are estimated Costs and payments will be made as per actual works
executed by the contractor.
3. Bidding is open to individual bidders who satisfy the qualification criteria set forth in
the bidding documents with respect to their experience and financial capabilities.
The details are as follows.
Pre-Qualification criteria:
(a) The bidder should have at least 3 years’ Experience, as a prime contractor in the
construction of works of a similar nature and complexity to that required under this
contract. Such works should include construction, erection, testing and
commissioning of transmission and/or distribution lines and allied works;
(b) The bidder should have an average annual financial turnover during 3 years out
of FY 2014-15, 2015-16, 2016-17 or 2017-18 equivalent to at least 30% of the
estimated cost of the total tenders quoted for;
(c) The Bidder should have General Experience executed in any sector (with
authentication of MSEDCL/Equivalent Govt. Utility authority i.e. not below the rank of
Executive Engineer) during the any Five last financial years out of FY 2013-14, 2014-
15, 2015-16, 2016-17, 2017-18 either-
i) One work order / contract (denotes executed only) equivalent to at least 20% of the
estimated cost of the total tenders quoted for or
ii) Two work orders / contracts (denote executed only) together equivalent to at least
25% of the estimated cost of the total tenders quoted for or
iii) Three work orders / contracts (denote executed only) together equivalent to at
least 30% of the estimated cost of the total tenders quoted for;
(d) Specific Experience: The Bidder should have specific experience of 15% of the total
physical parameters involved/covered under the tender [i.e. S,E,T,C of LT line(AB
Page 34 of 212
cable/OH line); as under during the period of last 5 financial year’s i.e. FY 2013-14,
2014-15, 2015-16, 2016-17 and 2017-18;
This specific experience shall be considered from all work orders executed by
contractors in last five years. Not necessary from single order or two orders or three
orders as mentioned clause no. 5.1 (c)
(e) The bidder should have a Net Worth
(which is defined as “Net value of the assets – net value of liabilities”) as below.
10% (ten percent) of the Estimated Cost of the total tender quoted for; and
Pre-Qualification criteria for Joint Venture – Not Allowed
A. The Pre-qualification process will be carried out and offers (Price Bids) of only
technically qualified Bidders will be considered.
4. Bidder may bid for either one or more than one of the tenders floated subject to
satisfy pre-Qualifying criteria.
5. Interested bidders may obtain further information from the office of the Employer at
the address given below :
The Chief Engineer (Akola Zone)
Maharashtra State Electricity Distribution Co. Ltd.
1st Floor, Vidyut Bhavan, Ratanlal Plot,
Akola-444001
Telephone: (0724- 2434740)
Email: ceakola@gmail.com
Contact person:- Executive Engineer (Adm), Mobile No. 7875763003
6. The entire bidding document in the form of Volume-I to Volume-II shall be available
only in electronic format (soft copy) and is to be downloaded from Employer’s
website www.mahadiscom.in from 28.05.2019 onwards. It shall be the bidder’s
responsibility to ensure that the entire bid document is downloaded from the
requisite website. No hardcopy of tender document (Volume-I to Volume-II) will be
provided. All the subsequent instructions / corrigendum to the bidding document
etc. shall also be available on the website only mentioned above as per procedure led
by the MSEDCL and it will not published in newspapers separately.
Non Refundable Tender Fees shall be as below
i) Tender value above Rs. 50 lakhs & less than Rs. 500 lakhs- Rs. 5000/-
(+ %GST applicable (presently 18%) per tender may be paid through online
payment only, prior to the dead line for submission of bids as per the
procedure led by the Employer.
The purpose of the pre-bid meeting, will be to present the salient features of the
bidding documents to the bidders, including the bid submittal requirements, the
Conditions of Contract (including payment terms and conditions) and the Employer’s
Requirements, as well as to assist in scheduling site visits to clarify issues and answer
questions on any matter that may be raised by the bidders. Non-attendance at the
pre-bid meeting will not be a cause for disqualification of a bidder, but senior
representatives of the bidders are strongly encouraged to participate in the pre-bid
meeting to ensure that they fully understand the key concerns and requirements of
the Employer.
7. The Employer shall accept and process the bids by following e-tendering process
described in the bidding document. The entire bid submission shall be carried out by
Page 35 of 212
the bidder by following the specified procedure. The Bidders shall submit separate
price bid for each tender for which they wish to bid, one common technical bid with
one tender and a declaration for technical bid with other tenders as specified in sub-
clause no. 23.1.2 of section 1, volume I of the bidding document. Bidder shall submit a
bid security in the amount specified in the Table in Clause 2 of this Invitation for Bids,
separately for each Tender for which price bid is submitted by the bidder in separate
envelop as per specified procedure and prior to the dead line for submission of bids.
Bids in PDF format must be uploaded on MSEDCL’s e-tendering web site, on or before
15:00 Hours on 03.06.2019 (date). Bid securities shall be in the form of online
payment or an Unconditional, irrevocable Bank Guarantee from any
Nationalized/Scheduled Bank in India in favor of the Maharashtra State Electricity
Distribution Co. Ltd. payable at Akola. No Cash or DD will be accepted at any
conditions.
No additional documents will be accepted after due date of submission of bids.
8. The Technical Proposals will be opened at 17:00 hours on 03.06.2019, the deadline
for submission of bids in the event of the specified date of bid opening being declared
a holiday for the Employer, the bids shall be opened at the same time on the next
working day.
9. The Price Proposals will remain unopened until the time of opening of the Price
Proposals. Technical Proposals which are submitted by non qualified bidders or
which are evaluated to be not substantially responsive will be rejected and not further
considered.
10. Price Proposals of only the qualified and substantially responsive bidders will be
subsequently opened. The time and date of the opening of the Price Proposals will be
informed later on by the Employer following completion of the evaluation of the
Technical Proposals.
11. The Employer will not be responsible for any costs or expenses incurred by bidders in
connection with preparation of Bids, or loss of any documents.
If any Corrigendum/Circular/Guidelines regarding The work involved under this tender
i.e. supply of i) Replacement of LT O/H Line by LT Aerial Bunched cable ii) Providing of Mid
Pole in existing Long span LT Lines from MSEDCL is issued by the Corporate office,
M.S.E.D.C.L., Mumbai or Higher Authority, during the course of tender process or
contract period, the same will be applicable to this tender & will be binding on the
bidders.
The Employer reserves the right to accept any bid, or reject any or all bids, without
assigning any reason thereof and without thereby incurring any liability to the Bidder or
Bidders.
Sr. No Particulars Date
1 Availability of bid documents on web site in 28.05.2019 Onwards
electronics format
2 Date and time of Pre-Bid Meeting 31.05.2019 at 12.00 Hrs.
3 Date and time of sale of bid documents 02.06.2019 Onwards
4 Date and time of submission of bid documents 03.06.2019 upto 15.00 Hrs.
5 Date and time of opening of Technical bids 03.06.2019 at 17.00 Hrs.
6 Date and time of opening of Price bids Will be informed later
Chief Engineer,
MSEDCL, Akola Zone, Akola.
Page 36 of 212
Section 1
Instructions to Bidders (ITB)
Page 37 of 212
BID NO: CE/AKLZ/AKL/T/T-19(R)/2018-19 GENERAL CONDITIONS OF CONTRACT
SECTION 1
INSTRUCTIONS TO BIDDERS
TABLE OF CLAUSES
Sr. No. Particulars Page No.
A. General
1 Scope of Bid 5
2 Source of Funds 6
3 Eligible Bidders 6
4 Eligible for Import of Materials and Equipment’s 6
5 Qualification of the Bidder – Individual Bidder 6
6 Qualification of the Bidder – Joint Venture (Deleted) 9
7 Conflict of Interest 9
8 Cost of Bidding 10
9 Site Visit 10
B. Bidding Documents
10 Content of Bidding Documents 1
11 Clarification of Bidding Documents 11
12 Amendment of Bidding Documents 12
C. Preparation of Bids
13 Language of Bid 12
14 Documents Comprising the Bid 12
15 Bid Form and Price Schedules 14
16 Bid Prices 15
17 Currencies of Bid and Payment 16
18 Bid Validity 17
19 Bid Security 17
20 Alternative Proposals by Bidders 18
21 Pre-Bid Meeting 18
22 Format and Signing of Bid 18
D. Submission of Bids
23 Sealing and Marking of Bids 19
24 Deadline for Submission of Bids 20
25 Late Bids 20
E. Opening and Evaluation of Technical Proposals
26 Opening of Technical Bids(Proposals) 20
27 Process to be Confidential 20
28 Examination of Technical Proposals and Determination of 20
Responsiveness
29 Evaluation and Comparison of Technical Proposals 21
30 Clarification of Technical Proposals and Contacting the Employer 21
31 Invitation to Attend Opening of Price Proposals 21
F. Opening of Price Proposals
32 Bid Opening of Price Proposals 22
33 Process to be Confidential 22
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD.
Page 38 of 212
34 Clarification of Price Proposals and Contacting the Employer 22

35 Preliminary Examination of Bids and Determination of 23
Responsiveness
36 Correction of Errors 23
37 Evaluation and Comparison of Price Proposals 23
G. Award of Contract
38 Employer's Right to Accept any Bid and to Reject any or all Bids 23
39 Notification of Award 23
40 Signing of Contract Agreement 24
41 Security Deposit 24
42 Corrupt or Fraudulent Practices 24
Page 39 of 212
SECTION 1
INSTRUCTIONS TO BIDDERS
GENERAL
1 Scope of Bid
1.1 The Maharashtra State Electricity Distribution Company Ltd. (MSEDCL),
represented by the Chief Engineer (O&M)Akola Zone(hereinafter referred to as
"the Employer"), wishes to receive bids for Full Turnkey Contract for System
Improvement work; i) Replacement of LT O/H Line by LT Aerial Bunched cable ii)
Providing of Mid Pole in existing Long span LT Lines, while conversion as above, on
High Loss feeders (11 KV Cotton Market & 11 KV Tajnapeth Feeder) under Akola
Urban-I Sub-division Areas of Akola Urban Division, of Akola Circle on single point
responsibility, indivisible” Full Turnkey” contract basis, as defined in these bidding
documents (hereinafter referred to as "the Works”), and as described in the Bidding
Documents.
1.2 The Works are to be carried out at various sites in the Akola Urban-I Div., of Akola
Circle in the State of Maharashtra, as described in the Bidding Data. For
convenience and efficiency, works are grouped into Tenders on a Sub-Division wise
basis. Bidders may bid for one or more than one of the contracts (Tenders), as
further defined in the bidding documents, and shall submit separate price bids for
each contract. As regards Technical Bid, the bidder shall submit one common bid
with one tender and a declaration as specified elsewhere, with the other tenders.
Bidders wishing to offer discounts in case they are awarded more than one contract
will be allowed to do so, provided that those discounts are included in the Form of
Price Bid or submitted in writing before the deadline for submission. All bids and
offers of discounts shall be opened and evaluated simultaneously so as to determine
the bid or combination of bids, including discounts, which offers the lowest
evaluated cost to the Employer.
1.3 The successful Bidder(s) will be required to start works simultaneously in all
areas within the Sub-Division as per the requirements of the bidding
document and to coordinate his activities so that various Works are
completed and commissioned in their entirety so as to provide early benefits
to the Employer and its customers. The successful bidder will be expected to
complete the Works, including testing and commissioning, within the Time
for Completion, Bidding Data, from the date of Notice to Proceed with the
Works. In addition, the successful bidder will be required to guarantee the
Works for a period of 24 (Twenty Four) months after completion of the Works
and acceptance by the Employer.
1.4 Time is the essence in completing the Works. The successful Bidder will be
required to complete the works within the stipulated time as specified in the
clause 8.2 of section 2.
1.5 Bids shall be complete and cover all Works described in the Schedule of
Prices. Any item of works required for completion of useful section shall be
deemed to be included in bidder’s scope irrespective of whether it is
specifically mentioned in the price schedules. Bidder should note that
obtaining permissions from statutory bodies such as Railways, Forest
Departments, Local bodies etc., wherever required for execution of works,
shall be entirely in bidder’s scope. Partial bids, or bids which do not cover the
entire scope of the project will be treated as incomplete and not responsive to
the terms and conditions of bidding and are liable to be rejected.
Page 40 of 212
2. Source of Funds
System improvement works for to reduce losses on High Loss Feeders has been
approved by Competent Authority vide resolution 1324 Dtd. 11.06.2018 and the said
work has to be executed under system improvement works in statutory towns under
IPDS Scheme.
3. Eligible Bidders
3.1This Notice Inviting Tender (NIT) is open to individual bidders, however if more than
1 Tenders will be awarded in one Subdivision/Circle, provided the tenderer meets
the qualifying requirements as specified in Clause 5 of invitation of Bids. The
bidders should be EPC contractor with adequate technical knowledge and experience of
similar works specified in the Tender document and meet the applicable qualification
criteria specified in Clauses 5.
3.2 Bidders shall provide such evidence of their eligibility satisfactory to the
Employer, as the Employer shall request.
3.3 Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent
practices issued by the MSEDCL, World Bank, Asian Development Bank or any State
within India in accordance with Sub-clause 42.1(c). The Bidder should not be
debarred / black listed in any of the power utilities across the India for such type of
works in last five years.
3.4 A Bidder shall not have any conflict of interest as provided in Clause 7.
4. Eligibility for Import of Materials and Equipment

4.1 Bidders who opt to import any of the plant/ equipment/ material which is to
be incorporated into the Permanent Works will be required to obtain prior
approval of the Employer’s Representative. However, any such approval will
not relieve the Bidder of his obligations under the Contract. Further, the
Bidder will not be allowed any:
price variation/ adjustment due to variation in the currency rates;
deviations from the Specifications;
price variation or time extension on account of any changes in law or force
majeure conditions occurring in the country of origin of such plant/
equipment/ material; or
Payments in foreign currency.
4.2 The provision and use of any materials, equipment and services to be supplied
under the Contracts shall not infringe or violate any industrial property or
intellectual property rights or claims of any third party.
5. Qualification of the Bidder – For individual Bidder

5.1 Condition for Award of Contract:
In order to be qualified for award of contract, the bidder will be required to
satisfy the following minimum qualifying criteria, which take precedence over
any qualification requirements that may be stated in the specifications or
elsewhere in the Bidding Document:
Page 41 of 212
(a) The bidder should have at least 3years’ Experience, as a prime contractor in the
construction of works of a similar nature and complexity to that required under this
contract. Such works should include construction, erection, testing and
commissioning of transmission and/or distribution lines and allied works;
(b) The bidder should have an average annual financial turnover during 3 years out of
FY 2014-15, 2015-16, 2016-17 or 2017-18 equivalent to at least 30% of the
estimated cost of the total tenders quoted for;
(c) The Bidder should have General Experience executed in any sector (with
authentication of MSEDCL/Equivalent Govt. Utility authority i.e. not below the rank
of Executive Engineer) during the any Five last financial years out of FY 2013-14,
2014-15, 2015-16, 2016-17, 2017-18 either-
i) One work order / contract (denotes executed only) equivalent to at least 20%
of the estimated cost of the total tenders quoted for or
ii) Two work orders / contracts (denote executed only) together equivalent to at
least 25% of the estimated cost of the total tenders quoted for or
iii)Three work orders / contracts ( denote executed only) together equivalent to
at least 30% of the estimated cost of the total tenders quoted for;
(d) Specific Experience: The Bidder should have specific experience of 15% of the total
physical parameters involved/covered under the tender [i.e. S,E,T,C of LT line(AB
cable/OH line); as under during the period of last 5 financial year’s i.e. FY 2013-14,
2014-15, 2015-16, 2016-17 and 2017-18;
This specific experience shall be considered from all work orders executed by
contractors in last five years. Not necessary from single order or two orders or three
orders as mentioned clause no. 5.1 (c)
(e) The bidder should have a Net Worth (which is defined as “Net value of the assets –
net value of liabilities”) as below.
10% (ten percent) of the Estimated Cost of the total tender quoted for; and
For the purpose of evaluation of the Bidder’s compliance with the provisions of sub-
paras (b) and (g) above, (Turnover, Net Worth) the Estimated Cost of the Works
refers to the Employer’s Estimated Cost as set forth in the Notice Inviting Tender.
Note 1:Adivisible turnkey contract implies that entire material required for
completion of works are to be Supplied, erected and commissioned by the bidder.
The Employer has reserved the right to decide regarding to acceptability of a
particular contract executed by the Bidder in support of the ‘specific experience’
shall be final.
5.2 To be qualified for award of Contract, bidder shall also submit:
(a) Copies of original documents defining the constitution or legal status, place
of registration and principal place of business for the bidder, also the
documents in support such as Memorandum /Article of Association, List of
Directors along with DIN numbers and percentage of shareholding, list of
Companies –Holding subsidiaries duly certified from Practicing Chartered
Accountant/cost and Management Accountant.
(b) written power of attorney authorizing the signatory of the bid to commit the
bidder; and
Page 42 of 212
(c) audited annual accounts including balance sheets and other financial
statements for any three (3) financial years out ofFY 2014-15, 2015-16,
2016-17, 2017-18; and
(d) Upto date information for current contract commitments/works in progress
and financial resources in sufficient detail so as to enable assessment of the
financial capacity of the bidder. and
(e) Proposals regarding work methods, scheduling and resourcing which shall
be provided in sufficient detail to confirm the bidder’s capability to complete
the works in accordance with the specifications and the time for completion,
including:
i. qualifications and experience of key site management and technical
personnel proposed for the contract;
ii. source (own, lease, hire, etc.) and deployment schedule for major
items of construction equipment and materials handling facilities
proposed for carrying out the work;
iii. procurement plan for supply and delivery of major materials and
equipment to the Site; and
(f) Registration certificates for Goods and Service Tax; and
(g) Registration certificates under PF and labor laws as may be applicable as per
the relevant acts.
(h) Bidder should note that in support of documentation required as per sub
clause no (e) iii above, only a list of proposed vendors and procurement plan
are required. Bidder should not submit qualification documents of the
vendors, technical details of equipment offered, guaranteed technical
particulars etc.
(i) The Bidder must satisfactorily demonstrate that he has adequate financial
capacity to undertake the Works, including access to, or availability of,
financial resources such as liquid assets, unencumbered real assets, lines of
credit and other financial means - other than contractual payments - to meet
(i) a cash flow requirement of at least 20% (twenty percent) of the
Estimated Cost of the Works and (ii) the overall cash flow requirements for
this contract and its other current works commitments.
a. In order to be eligible for award of more than one Contract, bidder
who submits bids for two or more contracts will be required to
demonstrate that
 his Average Annual Turnover, Networth for the last three
financial years, adequate financial resources& Specific
Experience, as set forth under Sub-Clause 5.1 (b), 5.1(g), 5.2(i)
&5.1 (d)respectively are satisfied the Estimated Costs of the
Works for all Contracts taken together.
b. In the event that a bidder is found to be the lowest evaluated

responsive bidder on more than one Contract but that it does not
have sufficient Turnover, Net Worth, comfort letter from Nationalized
or Scheduled Bank or specific experience to satisfy substantial
responsiveness for award of all contracts, then the Employer will
Page 43 of 212
have the right to award only that contract (or those contracts, if more
than one) for which the bidder qualifies and which promises to confer
the greatest benefit to the Employer.
5.3 The bidder must also satisfactorily demonstrate that
(i) it has the personnel for the key positions required to carry out the Works,
and
(ii) that it has access to the minimum levels of key plant, equipment and
machinery that are required to complete the Works within the stipulated time
for completion, and
(iii) that its proposals regarding work methods, scheduling and mobilization
of resources are adequate to demonstrate the bidder’s capability to complete
the Works in accordance with the specifications and time for completion
referred to in Sub-Clause 1.3 above, and
(iv) that its understanding of the requirements of the contract as per Sub-
Clause 14.4 is clear and unambiguous. Any unsatisfactory assessment of these
requirements may lead to the bidder being evaluated as technically non
responsive.
5.4 Information submitted by the bidder with respect to its experience and
qualifications shall be supported by mandate letters, completion certificates,
WIP certificates, etc., from the respective clients, failing which their
experience claims will not be considered for evaluation. Only those details of
experience which are given in corresponding schedules as per stipulated
formats will be considered as valid. No other documents, irrespective of having
been included by the bidder in his offer elsewhere, will be considered for technical
evaluation purpose. The experience details must be supported by the following.
i) Experience certificates issued by the respective employers (Not below the sign
of Executive Engineer or Equivalent) on their letter heads with their seals and
signature and must include order No, date, scope of work, date of completion
of work, total cost of work completed and overall performance. Sample formats
of the certificates which would be acceptable to the Employer are provided in
Section 5, Sample schedules.
ii) Attach copies of only the corresponding work orders issued by the employers
giving details of scope and cost data only.
5.5 Information provided on the bidder’s financial capacity shall be duly certified
by a chartered accountant. Further, only those details covered in the
respective schedules, especially related to turn over and net worth, shall be
considered and that too only if authenticated by a chartered accountant.
5.6 Bidder shall note that the qualification requirements described in the above
clauses shall strictly apply to the bidder and not its associated companies or
group companies or companies taken over by him.
6. Qualification of the Bidder – For Joint Venture- Not allowed (Deleted)
7. Conflict of Interest
7.1 Each bidder shall submit only one bid for each contract (Tender). A bidder
who submits or participates in more than one bid for the same tender will be
disqualified.
Page 44 of 212
7.2 All bidders found to be in conflict of interest shall be disqualified. A bidder

may be considered to have a conflict of interest with one or more parties in a
bidding process if they:
(a) Have controlling shareholders in common; or
(b) Receive or have received any direct or indirect subsidy from any of them; or
(c) Have the same legal representative for purposes of a bid; or
(d) Have a relationship with each other, directly or through common third parties,
that puts them in a position to have access to information about or influence on
a bid of another bidder, or influence the decisions of the Employer regarding the
bidding process; or
(e) Submit more than one bid for any particular contract package in the bidding
process. This however does not limit the participation of subcontractors in more
than one bid or as bidders in one bid and subcontractors in other bids
simultaneously; or
(f) Participated as a consultant in preparing the design or technical specifications of
the goods and related services or works that are the subject of a bid.
8. Cost of Bidding
The bidder shall bear all costs associated with the preparation and
submission of its bid and the Employer will in no case be responsible or liable
for those costs.
9. Site Visit
9.1 Information about the works provided in the bidding documents is based on
preliminary designs and may be amended during actual execution of the
works as per the site requirements. The sites selected may vary due to
encumbrances encountered during execution and any such changes will not
confer a right for claims for extra costs or time extensions. The bidder is
advised to visit and examine the site of the Work and its surroundings and
obtain for itself on its own responsibility, all information that may be
necessary for preparing the bid and entering into a contract for the design-
build and completion of the Works. The costs of visiting the site shall be at the
bidder's own expense.
9.2 The bidder and any of its personnel or agents will be granted permission by
the Employer to enter upon its premises and lands for the purpose of such
inspection, but only upon the express condition that the bidder, its personnel
and agents, will release and indemnify the Employer and its personnel and
agents from and against all liability in respect thereof and will be responsible
for death or personal injury, loss of or damage to property and any other loss,
damage, costs and expenses incurred as a result of the inspection.
9.3 The Employer may conduct, if possible, a site visit concurrently with the Pre-
Bid Meeting referred to in Clause 21.
9.4 Bidders are informed that any site investigation information which is
included in the bidding document is provided only for the bidders’
information, and the Employer does not warrant either its accuracy or
sufficiency. The bidder is responsible to inspect and examine the site, its
surroundings and other available information and data, and to have satisfied
himself, so far as practicable, before submitting the bid as to the form and
nature of the site, the topographical, hydrological and climatic conditions, the
extent and nature of the Works, the means of access to the site and the
Page 45 of 212
accommodation he may require, and all other risks, contingencies and

circumstances which may influence or affect the Bid. Bidders are also advised
to carry out any additional surveys or investigations that they may deem to be
appropriate or necessary before submitting the Bid.
9.5 The Employer will not entertain any claim at any stage from the successful bidder
on
the plea of not having sufficiently acquainted himself as to the site conditions.
BIDDING DOCUMENTS
10. Content of Bidding Documents

10.1 The bidding documents are those stated below, and should be read in conjunction
with any Addenda issued in accordance with Clause 12:
Volume I , PART – A
Invitation, Instructions to Bidders and General conditions of contract
Detailed Notice Inviting Tender
Section 1: Instruction to Bidders
Section 2: General Conditions of Contract
Section 3: Form of Technical and Price Proposal & Appendixes
Section 4: Schedule of Prices & Schedule of Payments
Volume – I, Part – B
Declaration, Sample Forms, Price Variation, Vendor Approval
Section 5: Declaration by Contractor
Section 6: Sample Forms:Bid Security; Letter of Acceptance; Contract
Agreement; Security deposit; Application for Payment.
Section 7: Price Variation Formulae (Not applicable)
Section 8: Criteria for approval of vendors
Volume – II,
Technical Specifications and Drawings
Section 9: Technical Specifications
Section 10: Standard Drawings
(Uploaded on website www.mahadiscom.in)
10.2 The bidder is expected to examine carefully the contents of the bidding documents.
Failure to comply with the requirements of bid submission will be at the bidder's
own risk. Pursuant to Clause 28, bids which are not substantially responsive to the
requirements of the bidding documents will be rejected.
11. Clarification of Bidding Documents

11.1 A prospective bidder requiring any clarification of the bidding documents
may notify the Employer in writing by mail at the Employer's address
indicated in the Bidding Data and given below. The Employer will respond to
any request for clarification which it receives earlier than 3 (three) days prior
to the deadline for submission of bids. Copies of the Employer's response,
including a description of the enquiry, will be uploaded on MSEDCL’s web site.
All requests for clarifications should be addressed to:
The Chief Engineer
MSEDCL, Akola Zone, Akola,
1stFloor, VidyutBhavan, Ratanlal Plot, Akola- Pin-444001
Email:ceakola@gmail.com
Page 46 of 212
12. Amendment of Bidding Document

12.1 At any time prior to the deadline for submission of bids, the Employer may, for any
reason, whether at its own initiative or in response to a clarification requested by a
prospective bidder, modify the bidding documents by issuing addenda.
12.2 Any addendum thus issued shall be part of the bidding documents pursuant to Sub-
Clauseand shall be communicated through the website
https://etender.mahadiscom.in/eatApp/. The addendum
will be available on the website and not published on newspaper.
12.3 In order to afford prospective bidders reasonable time in which to take an
addendum into account in preparing their bids, or for any reason deemed
appropriate by the Employer, the Employer may extend the deadline for submission
of bids, in accordance with Clause 24.Bidders are requested to note the dates for
purchase, submission, and opening of the bids which are as given below:
Sr. No Particulars Date
1 Availability of bid documents on web site in 28.05.2019 Onwards
electronics format
2 Date & time of Pre-Bid Meeting 31.05.2019at 12.00 Hrs.
3 Date and time of sale of bid documents 02.06.2019 Onwards

4 Date and time of submission of bid documents 03.06.2019 upto 15.00 Hrs.
5 Date and time of opening of Technical bids 03.06.2019 at 17.00 Hrs.
6 Date and time of opening of Price bids Will be informed later
(The Employer has reserved the right to alter, change the date specified above)
PREPARATION OF BIDS
13. Language of Bid
The bid, and all correspondence and documents, related to the bid, exchanged
between the bidder and the Employer shall be written in the English language.
Supporting documents and printed literature furnished by the bidder may be in
another language provided they are accompanied by an accurate translation of the
relevant passages in the English language, in which case, for purposes of
interpretation of the bid the English translation shall prevail.
14. Documents Comprising the Bid

14.1 The bid submitted by the bidder shall comprise two sets of documents submitted
simultaneously, one containing only one Technical Proposal, common for all the
Tenders for which the bidder has submitted price proposals, and the others for
Price Proposals, separate for each tender quoted for. All bidding documents
required to be submitted in accordance with the requirements of Sub-Clauses 14.4
and 14.5 shall be completely filled and signed with seal as a token of acceptance, as
applicable, without deviating from the format and content.
14.2 Bidders shall submit separate price bids for each contract (Tender) quoted for,a
common technical bid with one tender and a declaration in format specified
elsewhere with each of the other bids common for all Tenders quoted for. Bidders
who are bidding for more than one contract, and who wish to offer a discount in
case they are awarded more than one contract, shall so indicate in the Form of Price
Page 47 of 212
Bid or through a separate letter which is submitted before the deadline for
submission of bids.
14.3 The Technical Proposal submission shall comprise of: (i) the Bid Security separate
for each tender quoted for; and (ii) a declaration by the Bidder (in the Form of Bid)
that he accepts the terms and conditions set forth in Volume I and Volume II of
tender documents.
Volumes I and II will form part of the Contract with the successful Bidder.
While giving confirmation of acceptance of all the stipulations of Volumes I and IIof
the bidding document, the bidder is not required to submit signed copy of any of the
volumes of bidding document.
14.4 In case a Bidder anticipates any deviations in the technical specifications
required for the Works, such deviations should be brought to the notice of the
Employer on or before the time of pre-bid meeting. Specific written approval
of the Employer should be sought for any proposed deviations to the
Technical specifications. No deviation shall be permitted in the bid or after
submission of the Bid”.
Without limiting the generality of the foregoing, the Technical Proposal shall
contain the following:
(i) Separate Bid Security for each tender for which price proposal is submitted
by the bidder;
(ii) Bid Form for Technical Proposal, signed by the authorized signatory;
(iii) Appendix to Technical Proposal, signed by the authorized signatory;
(iv) Declaration of Acceptance of Volumes I and II;
(v) Power of Attorney;
(vi) Declaration by contractor in Schedules (Section 5), including:
(a) Part 1, Experience and Financial Qualifications, comprised of
(i) Schedule I : Application for Qualification
(ii) Schedule II : Summary of Bidder’s Qualifications Information
(iii) Schedule III : Bidder Information Sheet
(iv) Schedule VI (A) : Experience as Prime Contractor and
(v) Schedule VI (B) :General Experience (Formats for Certificate to
be obtained from the respective Employer are also given in
Section 5.)
(vi) Schedule VII :Specific Experience (Formats for Certificate to
be obtained from the respective Employer are also given in
Section 5.)
(vii) Schedule VIII : Bidder’s Certification
(viii) Schedule IX : Annual Turnover
(ix) Schedule X : Financial Situation
(x) Schedule XI : Financial Resources
(xi) Schedule XII : Current Contract Commitments/ Works in
Progress
Page 48 of 212
(xii) Schedule XIII : Pending Litigation

(b) Part 2, Technical Qualifications, comprising of:
(i) Schedule XIV : Declaration of Eligibility of Plant and
Equipment
(ii) Schedule XV : Personnel
(iii) Schedule XVI : Site Organization
(iv) Schedule XVII : Contractor’s Plant and Construction
Equipment
(v) Schedule XVIII : Method Statement
(vi) Schedule XIX : Construction Schedule
(vii) Schedule XX : Quality Assurance and Quality Control Plan
(viii) Schedule XXI : Safety Plan
(ix) Schedule XXII: Environmental Quality Management Plan
In case of Schedules XIX, XX and XXI the bidder shall submit an
undertaking in “Application for Qualification” (Volume I, Section 5,
‘Schedules’) that these will be submitted after receipt of LOA and
before signing of Contract Agreement.
(vii)Any other information/ data/ supporting documentation required to be submitted by
biddersinaccordance with these Instructions to Bidders.
14.5 The Price Proposal shall be comprised of the fully completed Volume I Part A
section 4 Price Bid. Without limiting the generality of the foregoing, the Price
Proposal shall contain the following:
(i) Bid Form for Price Proposal; signed by the authorized signatory;
(ii)Appendix to Price Proposal, signed by the authorized signatory;
(iii)Declaration of acceptance of stipulations of section 5;
(iv)Completed Schedules of Prices, listed below, signed by the authorized
signatory:
1. Grand Summary
2. Supply and Installation of Plant and Equipment ;
3. Payment Schedule
(v) Any other material required to be completed and submitted by bidders in
accordance with these Instructions to Bidders.
15. Bid Form and Price Schedules

The Bidder shall complete the Bid Forms and schedules furnished in the
bidding documents in the manner and detail indicated therein, following the
requirements of Clause 16 and 17.
16. Bid Prices
16.1 Unless specified otherwise in the Employer’s Requirements, Bidders shall
quote for the entire facilities on a “single point responsibility" basis such that
the total bid price covers all the Contractor's obligations mentioned in or to
Page 49 of 212
be reasonably inferred from the bidding documents in respect of the

manufacture, including procurement and subcontracting (if any), delivery,
construction, installation, testing and commissioning of the facilities,
including guarantee of the facilities during the guarantee (defect liability)
period specified in sub-clause 1.3. This includes all requirements under the
Contractor's responsibilities for testing and commissioning of the facilities
and, unless otherwise stipulated in the bidding documents, the acquisition of
all permits, approvals and licenses, etc., payment of octroi charges, inspection
charges and other agency fees, and such other items and services as may be
required for execution of the Works, all in accordance with the requirements
of the Conditions of Contract.
16.2 The estimated cost of Goods and Service Taxes chargeable to the Employer by the
Contractor, wherever applicable, shall be shown separately in the Bidder’s
quotation, as stated in Sub-Clause 2.5.(x) of the “Preamble to the Schedule of Prices”
in Section 4, Schedule of Prices and Payments, but will not be taken into
consideration during evaluation. The Employer will pay the cost of Service Taxes
due to the Government at their actual cost during execution. As regards GST, the
Bidders should note that the employer will reimburse GST on the cost of
procurements to the contractor at actual prevailing rate, on the value of the goods
which are procured in Maharashtra, by debiting their account as and when
contractor raises the invoices for completed Works giving details of such goods
sold to the Employer.
The Bidders should note while bidding that, the Employer will
discharge its GST liability by availing the most beneficial cost advantage
under the appropriate general Exemption and Notifications of GST.
The bidder should also note that the Employer will discharge its tax
liability under the most beneficial scheme for availing the maximum cost
advantage. Bidder should therefore take any GST refund / rebate to which
they may be legally entitled into consideration while offering their quoted
rates/prices.
16.3 Bidders shall give a breakup of the prices in the manner and detail called for
in the Schedules of Prices. The Price Schedules shall be as follows, or as may
otherwise be provided in the bid document.
Grand Summary (Schedule of Prices, showing Goods and Service Tax as
separate line items), to be quoted on a percentage basis against the total cost of
the Employer’s Estimate. Bidder should not quote separate rates for Cost of
Material and Services. The rate should be quoted on the total estimated cost
only. The rate must be exclusive of Goods and Service Tax. Any deviation in this
will make the offer submitted by the bidder liable for rejection.
(b) Supply and Installation of Plant and Equipment manufactured or
fabricated either within or outside the Employer's country (Schedule of Prices
3., The cost of doing this work is sub-divided into two components:
Under “Part 1: Cost of Material ”, the Employer’s Estimate includes
the costs of procurement of the plant and equipment on an ex-
factory, ex-works, ex-warehouse or off-the-shelf basis, as applicable,
including all duties and taxes paid or payable by the Contractor.
Page 50 of 212
Under “Part 2: Cost of Transportation, Erection, Installation,

Commissioning and Guarantee” the Employer’s Estimate includes
the costs of insurance, design, transportation and handling costs for
delivery from the point of supply upto the site of the works, storage
and safekeeping, erection, installation, testing, commissioning,
provision of as-built drawings and operating manuals, as well as
guarantee during the 2 year guarantee (defects liability) period and
all other things required under the Contract for successful
completion of the facilities.
The column headed as “Total for Supply and Installation” provides the
sum of Part 1 and Part 2.
(d) Schedule of Payments (Schedule of Prices)
16.4 Payment shall be released based on actual quantities executed in the
respective activities, but if it is observed that executed quantities of item
executed in BOQ quantities specified in activity shall not be released while
releasing of 90% payment. But after verification, payment of excess quantities
shall be released along with 10% payment.
16.5Notwithstanding, prices quoted by the bidder shall be subject to adjustment
during performance of the contract to reflect changes in the cost of major
materials in accordance with the procedures specified in Section 2 , Sub-
Clause 13.15 of the General Conditions of Contract. The price adjustment
provision will not be taken into consideration during bid evaluation.
17. Bid Currencies
Prices shall be quoted in Indian Rupees.
18. Bid Validity
18.1 Bids shall remain valid for the period specified in the Bidding Data after the
date of bid opening specified in Sub-Clause 26.1.
18.2 In exceptional circumstances, prior to expiry of the original bid validity
period, the Employer may request that the bidders extend the period of
validity for a specified additional period. The request and the responses
thereto shall be made through the website www.mahadiscom.in.A bidder may
refuse the request without forfeiting its bid security. A bidder agreeing to the
request will not be permitted to modify its bid, but will be required to extend
the validity of its bid security for the period of the extension, and in
compliance with Clause 19 in all respects.
19 Bid Security
19.1 The Bidder shall furnish, as part of its Technical Proposal, a bid security in the
amount equivalent to 1 % of Estimated Cost of each Tender for which price
bid is submitted by the bidder. The Bid Security shall remain valid for a
period of 28 days beyond the original validity period of the bid, and beyond
any extension period subsequently requested under Sub-clause 18.2.
19.2 The bid security shall, at the bidder's option, be in the form of aOnline
payment or an unconditional, irrevocable Bank Guarantee from any
Nationalized / Scheduled Bank in favor of the Employer, payable at Akola, as
stated in the Bidding Data. The format of the Bank guarantee shall be in
Page 51 of 212
accordance with the sample form of bid security included in Section 3; other
formats may be permitted, subject to the prior approval of the Employer.
19.3 Any bid not accompanied by an acceptable bid security shall be rejected by
the Employer as non-responsive.
19.4 The bid security of the unsuccessful bidders will be returned as promptly as
possible, after award and signing of the Contract Agreement or expiration of
the period of bid validity, whichever is earlier.
19.5 The bid security of the successful bidder will be returned when the bidder has
signed the Contract Agreement and furnished the required security deposit.
19.6 The bid security may be forfeited:
(a) If the bidder withdraws its bid, except that written notice of the withdrawal of bid is
received by the employer prior to the deadline for submission of bids; or
(b) If the bidder does not accept the correction of its bid price, pursuant to Sub-Clause
36.1; or
(c) If the bidder is determined, at any time prior to award of contract, to have engaged
in corrupt or fraudulent practices as defined under Sub-clause 42.1 in competing
for the contract; or
(d) In the case of a successful bidder, if it fails within the specified time limit to:
(i) Sign the Contract Agreement, or
(ii) Furnish the required security deposit.
20. Alternative Proposals by Bidders

Bidders shall submit offers which comply with the requirements of the bidding
documents, including the basic technical design as indicated in the drawings and
specifications. Alternative proposals will not be considered. The attention of the
bidders is drawn to the provisions of Clause 28 regarding the rejection of bids
which are not substantially responsive to the requirements of the bidding
documents.
21 Pre-Bid Meeting
21.1 The bidder or its official representative is invited to attend pre-bid meeting(s)
which will take place at the place, date and time designated in the Bidding
Data.
21.2 The purpose of the pre-bid meeting(s) will be to present the salient features
of the bidding documents to the bidders, including the bid submittal
requirements, the Conditions of Contract (including payment terms and
conditions), the technical features of the project, and to clarify issues and to
answer questions on any matter that may be raised by the bidders.
21.3 The bidder is advised to visit the Site and study the bid document thoroughly,
and is requested to submit any questions in writing to reach the Employer not
later than one week before the pre-bid meeting.
21.4 Minutes of the meetings, including the text of the questions raised and the
responses given, will be transmitted without delay to all the prospective
bidders through the website www.mahadiscom.in. Any modification of the
Page 52 of 212
bidding documents listed in Sub-Clause 10.1 which may become necessary as

a result of the pre-bid meetings shall be made by the Employer exclusively
through the issue of an Addendum pursuant to Clause 12 and not through the
minutes of the pre-bid meetings.
21.5 Nonattendance at the pre-bid meeting will not be a cause for disqualification
of a bidder. Nevertheless, senior representatives of the bidders are strongly
encouraged to participate in the pre-bid meeting to help ensure that they fully
understand the key concerns of the Employer and the Employer’s
requirements.
22. Format of Bid

22.1 The bid shall be signed by a person or persons duly authorized to sign on
behalf of the bidder, pursuant to Sub-Clause 5.2 (b) and 6.2 (b). The bidder
shall submit declaration to confirm that he has read and accepted all the
contents and conditions contained in Volume Iand Volume II.
22.3 The bid shall contain no alterations, omissions or additions, except those to
comply with instructions issued by the Employer, or as necessary to correct
errors made by the bidder, in which case such corrections shall be initialed by
the person or persons signing the bid.
22.4 Bidder must give clear page numbers to each page of his offer and a detail
index should be provided indicating the page numbers for each relevant
document comprising his offer. Checklists for documents and data to be
furnished by the Bidders have been given elsewhere in the bidding document,
separately for Technical Proposal and Price Proposal. Bidders must fill in
these checklists clearly indicating whether corresponding document is
submitted or not and if submitted, the relevant page number. If a document is
not found at the corresponding page number given in the index, it will be
concluded that the said document is not submitted by the Bidder.
SUBMISSION OF BIDS
23. Sealing and Marking of Bids

23.1 Technical Proposal
23.1.1 The bidder shall scan all the documents forming part of the bidder’s Technical
Proposal, and convert the same into PDF format. The size of the Technical Proposal
in PDF format shall not exceed 5 MB. In case the size of the PDF document exceeds 5
MB, the PDF document shall be split up into suitable number of files of size of 5 MB
or less each. There after each file shall be numbered as “Tender No. T-
__Tech_(Number & Name of Document).pdf”. Then these files shall be digitally
signed using the software provided by the Employer during registration of the
bidder. The digitally signed document files shall be uploaded by the bidder on the
“e-tendering” web site of MSEDCL.
23.1.2 If the bidder intends to bid for more than one tender, the bidder shall attach a
declaration as follows on his letter head, below the technical proposal.“The
technical proposal is submitted / attached along with the tender no.---and it
will be common for tender nos -,------“. The declaration shall be duly signed by
the authorized signatory of the bidder.
23.1.3 The bidder shall submit, in a separate envelop, following documents in hard copies
prior to the dead line for submission of bids.
Page 53 of 212
a) Receipt of On-Line Payment made by the bidder against the Tender Fees as
applicable (+GST) per tender quoted for.
b) Bid security separate for each tender quoted for.
c) Power of attorney in the name of the person authorized to sign tender
documents.
d)Copy of technical proposal in electronic (soft copy) format.
The envelope shall provide the name and address of the bidder, and shall:
be addressed to the Employer at the address designated in the Bidding Data: &
bear the following identification:
Full Turnkey Contract for System Improvement on High Loss Feeder
Bid Reference NO:CE/AKLZ/AKL/T/T-19(R)/2018-19
Tender for Works in Akola Urban-I Sub-Division
DO NOT OPEN BEFORE 15:00hrs on 03.06.2019
23.2 Price Proposal:The bidder shall scan all the documents forming part of price
proposals and convert the same into PDF format. The size of the PDF
document for price proposal for each tender shall not 5 MB. If the size of the
PDF document exceeds 5 MB, it shall be split up into files of size less than or
equal to 5 MB each.There after each file shall be numbered as
“CE/AKLZ/AKL/T/T-19(R)/2018-19/Price Bid)_Part_(Number).pdf”. The files
shall be digitally signed by the bidder’s authorized signatory using the
software provided by the Employer during registration of the bidder. The
digitally signed documents shall be uploaded on the e-tendering web site of
MSEDCL.
24. Deadline for Submission of Bids

24.1 Bids must be uploaded by a bidder on MSEDCL web site not later than the date and
time designated in the Bidding Data.
24.2 The Employer may, at its discretion, extend the deadline for submission of bids by
issuing an addendum in accordance with Clause 12, in which case all rights and
obligations of the Employer and the bidders previously subject to the original
deadline will thereafter be subject to the deadline as extended.
25. Late Bids
Any bid uploaded by the bidder after the deadline for submission of bids prescribed
in Clause 24 will be rejected and remain unopened.
OPENING AND EVALUATION OF TECHNICAL PROPOSALS
26. Opening of Technical Proposals

26.1 The Employer will open the Technical Proposals at the date and time designated in
the Bidding Data.
26.2 The Price Proposals will remain unopened until the time of opening of the Price
Proposals. The time and date of the opening of the Price Proposals will be advised in
writing or by fax by the Employer following approval of the evaluation of the
Technical Proposals.
27. Process to be Confidential
Page 54 of 212
27.1 Unless requested by the Employer, from the time the bids are opened to the time
the contract is awarded, the bidders or their representatives should not contact the
Employer or any other persons involved in the evaluation process on any matter
related to their Technical or Price Proposals. Any effort by a bidder to influence the
Employer’s processing of bids or award decisions may result in rejection of the
bidder’s bid and forfeiture of the bid security in accordance with the provisions of
Sub-clause 19.6 (c).
27.2 Information relating to the examination, clarification, evaluation and comparison of
bids and recommendations for the award of a contract shall not be disclosed to
bidders or any other persons not officially concerned with such process until after
the Letter of Award is issued.
28. Examination of Technical Proposals and Determination of Responsiveness

28.1 The Employer will examine the bids to determine whether they are complete,
whether the documents have been properly signed, whether the required
security is included, and whether the bids are generally in order. Any bids
found to be non-responsive for any reason or not meeting the minimum levels
of the performance or other criteria specified in the bidding documents will
be rejected by the Employer and not included for further consideration.
28.2 The Employer will also determine whether each bid is substantially
responsive to the requirements of the bidding documents. A substantially
responsive bid is one which conforms to all the terms, conditions and
specifications of the bidding documents, without material deviation or
reservations. A material deviation or reservation is one:
Which affects in any substantial way the scope, quality or performance

of the Works;
Which limits in any substantial way, inconsistent with the bidding

documents, the Employer’s rights; or
Whose rectification would affect unfairly the competitive position of

other bidders presenting substantially responsive bids.
If a bid 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. Conditional bids will be deemed to
be not substantially responsive, and will be rejected by the Employer.
28.3 Notwithstanding the above, the Employer reserves the right to accept minor
deviations which do not materially affect the substantial responsiveness of
the Bid, whose rectification would not affect unfairly the competitive position
of other bidders, and which can be rectified after award of contract without
change to the price, scope, quality or performance of the Works.
29. Evaluation and Comparison of Technical Proposals

29.1 The capabilities of the vendors to the bid will also be evaluated for
acceptability as stipulated in Section 9 of Volume III. Their participation
should be confirmed with a letter of intent between the parties, as needed.
Should a vendor or subcontractor be determined to be unacceptable the bid
will not be rejected, but the bidder will be required to substitute an
Page 55 of 212
acceptable vendor or subcontractor without any change to the bid price and
confirm acceptance of this requirement.
29.2 No subcontractor(s) shall be appointed on the Project without prior written
approval of the Employer. Notwithstanding the approval of any such
subcontractor the contractor, shall be liable for the satisfactory performance
of such subcontractor(s) including the coordination of their activities for the
said project.
30. Clarification of Technical Proposals and Contacting the Employer

30.1 The Employer may conduct clarification meetings with each or any bidder to
discuss any matters, technical or otherwise, where the Employer requires
amendments or changes to be made to the Technical Proposal. Any bid of a
bidder who does not accept the requirement to substitute an acceptable
vendor or subcontractor under the conditions of Sub-Clause 29.2 will be
rejected by the Employer and not included for further consideration.
30.2 Any effort by the bidder to influence the Employer in the Employer’s
evaluation of Technical Proposals, bid comparison or the Employer’s
decisions on acceptance or rejection of bids may result in the rejection of the
bidder’s bid and forfeiture of the bid security in accordance with the
provisions of Sub-clause 19.6(c).
31. Invitation to Attend Opening of Price Proposals

At the end of the evaluation of the Technical Proposals, the Employer will invite
bidders who have submitted responsive Technical Proposals and who have been
determined as being qualified for award to attend the bid opening of the Price
Proposals. Bidders shall be given reasonable notice of the Price Proposal bid
opening.
OPENING AND EVALUATION OF PRICE PROPOSALS
32. Opening of Price Proposals

32.1 The Employer will open the Price Proposals of all bidders who submitted
responsive Technical Proposals at the time and date at the location advised to
the bidders. Price Proposals shall be opened at the date and time indicated in
the Bidding Data, or at such other time as may be notified to the responsive
bidders. The bidder's authorized representatives who are present shall sign a
register evidencing their attendance.
32.2 The bidder's names, the Bid Prices, the total amount of each bid, any
discounts, and such other details as the Employer may consider appropriate,
will be announced and recorded by the Employer at the opening. The bidder's
authorized representatives will be required to sign this record.
32.3 The Employer shall prepare minutes of the bid opening, including the
information disclosed to those present in accordance with Sub-Clause 32.2.
33. Process to be Confidential
33.1 Unless requested by the Employer, from the time the bids are opened to the
time the contract is awarded, the bidders or their representatives should not
contact the Employer or any other persons involved in the evaluation process
on any matter related to their Technical or Price Proposals.
Page 56 of 212
33.2 Information relating to the examination, clarification, evaluation and

comparison of bids and recommendations for the award of a contract shall
not be disclosed to bidders or any other persons not officially concerned with
such process until the award to the successful bidder has been announced.
34. Clarification of Price Proposals and Contacting the Employer

34.1 To assist in the examination, evaluation and comparison of Price Proposals,
the Employer may, at its discretion, ask any bidder for clarification of its bid.
The request for clarification and the response shall be in writing or by cable,
but no change in the price or substance of the bid shall be sought, offered or
permitted except as required to confirm the correction of arithmetic errors
discovered by the Employer in the evaluation of the bids in accordance with
Clause 36.
34.2 Subject to Sub-clause 34.1, no bidder shall contact the Employer on any
matter relating to its bid from the time of opening of Price Proposals to the
time the contract is awarded. If the bidder wishes to bring additional
information to the notice of the Employer, it should do so in writing.
34.3 Any effort by the bidder to influence the Employer in the Employer’s
evaluation of Price Proposals, bid comparison or contract award decisions
may result in the rejection of the bidder’s bid and forfeiture of the bid
security in accordance with the provisions of Sub-clause 19.6 (c).
35. Preliminary Examination of Price Proposals and Determination of

Responsiveness
35.1 The Employer will examine the bids to determine whether they are complete,
whether the documents have been properly signed, whether the bids are
substantially responsive to the requirements of the bidding documents, and
whether the bids provide any clarification and/or substantiation that the
Employer may require pursuant to Clause 34.
35.2 A substantially responsive bid is one which conforms to all the terms,
conditions and requirements of the bidding documents without material
deviation or reservation.
35.3 If a Price Proposal 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.
36. Correction of Errors

In case of discrepancy and or difference in the value between the quoted price
in number and as expressed in words as a percentage above or below the
estimated cost, the value whichever less or (beneficial to MSEDCL) shall be
considered for evaluation.
37. Evaluation and comparison of Price proposals.

The estimated effect of the price adjustment provisions of the Conditions of
Contract, applied over the period of execution of the Contract, shall not be
taken into account in bid evaluation.
AWARD OF CONTRACT
Page 57 of 212
38. Employer’s right to accept any Bid and to reject any or all Bids
The Employer reserves the right to accept or reject any bid, and to annul the
bidding process and reject all bids, at any time prior to award of Contract, without
thereby incurring any liability to the affected bidder or bidders or any obligation to
inform the affected bidder or bidders of the grounds for the Employer's action.
39. Notification of Award

39.1 Prior to expiration of the period of bid validity prescribed by the Employer, the
Employer will notify the successful bidder by fax, confirmed by registered letter,
that its bid has been accepted. This letter (hereinafter and in the Conditions of
Contract called the "Letter of Award") shall name the sum which the Employer will
pay the Contractor in consideration of the execution, completion and guarantee of
the Works by the Contractor as prescribed by the Contract (hereinafter and in the
Conditions of Contract called "the Contract Price").
39.2 The notification of award will constitute the formation of the Contract.
39.3 Upon the furnishing by the successful bidder of a security deposit, the Employer
will promptly notify the other bidders that their bids have been unsuccessful.
40. Signing of Contract Agreement

40.1 At the same time that he notifies the successful bidder that its bid has been
accepted, the Employer will send the bidder the Form of Contract Agreement
provided in the bidding documents, incorporating all agreements between the
parties.
40.2 Within 14(Fourteen) days of receipt of the Letter of Award, the successful bidder
shall sign the Form of Contract Agreement on Stamp Paper (non-judicial) borne by
the contractor as per the rate specified in Bombay Stamp Act 1958issued in
Maharashtra and return it to the Employer.
41. Security Deposit
41.1 Within 14(Fourteen)days of receipt of the Letter of Award from the Employer,
the successful bidder shall furnish Compulsory to the Employer a performance
security deposit equivalent to an amount of ten percent (10%) of the Contract
Price in accordance with the Conditions of Contract specified in clause no: 4.2
of section 2
42. Corrupt or Fraudulent Practices
42.1 The Maharashtra State Electricity Distribution Company Ltd. and the State
require that bidders/ suppliers/ contractors observe the highest standard of
ethics during the procurement and execution of such contracts. In pursuance
of this policy, MSEDCL:
(a) defines for the purposes of this provision, the terms set forth below as
follows:
(i) “corrupt practice” means behavior on the part of officials in the public or
private sectors by which they improperly and unlawfully enrich themselves
and/or those close to them, or induce others to do so, by misusing the position
in which they are placed, and it includes the offering, giving, receiving or
soliciting of anything of value to influence the action of any such official in the
procurement process or in contract execution; and
Page 58 of 212
(ii) “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 Employer, and includes collusive practice among
bidders (prior to or after bid submission) designed to establish bid prices
at artificial non-competitive levels and to deprive the Employer of the
benefits of free and open competition.
(b) will reject a proposal for award if it determines that the bidder
recommended for award has engaged in corrupt or fraudulent practices in
competing for the contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of time,
to be awarded an MSEDCL contract if at any time it determines that the firm
has engaged in corrupt or fraudulent practices in competing for, or in
executing, an MSEDCL contract.
Page 59 of 212
Section 2
General Conditions of Contract
For
Design-Build and Divisible Turnkey Contracts
Page 60 of 212
Section 2
General Conditions of Contract
Table of Contents
Section 2 ........................................................................................................................................................................... 6
PART 1: GENERAL CONDITIONS OF CONTRACT ............................................................................................ 6
1 THE CONTRACT .......................................................................................................................................... 6
1.1 Definitions ...................................................................................................................................................... 6
1.2 Headings and Marginal Notes .............................................................................................................. 11
1.3 Interpretation ............................................................................................................................................. 11
1.4 Law and Language .................................................................................................................................... 12
1.5 Contract Agreement ................................................................................................................................. 12
1.6 Priority of Documents ............................................................................................................................. 12
1.7 Documents on Site .................................................................................................................................... 12
1.8 Communications ........................................................................................................................................ 12
1.9 Provision of Construction Documents .............................................................................................. 13
1.10 Employer’s Use of Contractor’s Documents ................................................................................... 13
1.11 Contractor’s Use of Employer’s Documents ................................................................................... 13
1.12 Confidential Details .................................................................................................................................. 13
1.13 Compliance with Statutes, Regulations and Laws ....................................................................... 13
1.14 Joint and Several Liability ...................................................................................................................... 14
1.15 Confidentiality ............................................................................................................................................ 14
1.16 Inspections and Audit by the Financing Agency and/or Employer ...................................... 14
2 THE EMPLOYER ........................................................................................................................................ 14
2.1 General Obligations .................................................................................................................................. 14
2.2 Access to and Possession of the Site .................................................................................................. 14
2.3 Permits, Licenses or Approvals ........................................................................................................... 14
2.4 Employer’s Entitlement to Terminate .............................................................................................. 14
3 THE EMPLOYER'S REPRESENTATIVE ............................................................................................. 15
4 THE CONTRACTOR .................................................................................................................................. 15
4.2 Performance Guarantee in lieu of Security deposit .................................................................... 16
4.3 Forfeiture of performance Bank Guarantee…………….…….………………………………….…..12
4.4 Contractor’s Representative .................................................... Error! Bookmark not defined.
4.5 Co-ordination of the Works................................................................................................................... 18
4.6 Subcontractors ........................................................................................................................................... 18
4.7 Assignment of Subcontractors ............................................................................................................. 18
4.8 Setting Out .................................................................................................................................................... 19
4.9 Quality Assurance ..................................................................................................................................... 19
4.10 Site Data ........................................................................................................................................................ 20
4.11 Matters Affecting the Execution of the Works............................................................................... 21
4.12 Unforeseeable Sub-Surface Conditions ............................................................................................ 21
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. PAGE i
Page 61 of 212
4.13 Access Route................................................................................................................................................ 21

4.14 Rights of Way and Facilities .................................................................................................................. 21
4.15 Programme .................................................................................................................................................. 21
4.16 Progress Reports ....................................................................................................................................... 23
4.17 Contractor’s Equipment ......................................................................................................................... 24
4.18 Safety Precautions..................................................................................................................................... 24
4.19 Protection of the Environment ............................................................................................................ 25
4.20 Electricity, Water and Gas...................................................................................................................... 25
4.21 Employer Supplied Machinery and Materials ............................................................................... 25
4.22 Clearance of Site......................................................................................................................................... 25
4.23 Security of the Site .................................................................................................................................... 26
4.24 Contractor’s Operations on Site .......................................................................................................... 26
4.25 Fossils ............................................................................................................................................................. 26
4.26 Emergency Work ....................................................................................................................................... 26
5 DESIGN .......................................................................................................................................................... 27
5.2 Construction Documents ........................................................................................................................ 28
5.3 Contractor’s Undertaking ...................................................................................................................... 29
5.4 Technical Standards and Regulations ............................................................................................... 29
5.5 Samples.......................................................................................................................................................... 30
5.6 As-Built Drawings ..................................................................................................................................... 30
5.7 Operation and Maintenance Manuals ............................................................................................... 31
5.8 Error by Contractor .................................................................................................................................. 31
5.9 Patent Rights ............................................................................................................................................... 31
6 STAFF AND LABOR .................................................................................................................................. 31
6.1 Engagement of Staff and Labor............................................................................................................ 31
6.2 Rates of Wages and Conditions of Labor ......................................................................................... 31
6.3 Persons in the Service of Others ......................................................................................................... 32
6.4 Labor Laws ................................................................................................................................................... 32
6.5 Facilities for Staff and Labor ................................................................................................................. 32
6.6 Health and Safety....................................................................................................................................... 32
6.7 Contractor’s Superintendence ............................................................................................................. 32
6.8 Contractor’s Personnel ........................................................................................................................... 33
6.9 Disorderly Conduct................................................................................................................................... 33
6.10 Foreign Staff and Labor .......................................................................................................................... 30
6.11 Measures Against Insect and Pest Nuisance .................................................................................. 34
6.12 Epidemics ..................................................................................................................................................... 34
6.13 Alcoholic Liquors or Drugs .................................................................................................................... 34
6.14 Arms and Ammunition ............................................................................................................................ 34
6.15 Festivals and Religious Customs ......................................................................................................... 34
7 PLANT, MATERIALS AND WORKMANSHIP ................................................................................... 35
7.1 Manner of Execution ................................................................................................................................ 35
7.2 Delivery to Site ........................................................................................................................................... 35
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. PAGE ii
Page 62 of 212
7.3 Inspection ..................................................................................................................................................... 36

7.4 Testing ........................................................................................................................................................... 37
7.5 Rejection ....................................................................................................................................................... 38
7.6 Ownership of Plant and Materials ...................................................................................................... 38
7.7 Failure to Remedy Defects or to Complete Part of Works........................................................ 38
8 COMMENCEMENT, DELAYS AND SUSPENSION .......................................................................... 39
8.1 Commencement of Works ..................................................................................................................... 39
8.2 Time for Completion ................................................................................................................................ 39
8.3 Extension of Time for Completion...................................................................................................... 40
8.4 Delays Caused by Authorities............................................................................................................... 41
8.5 Rate of Progress ......................................................................................................................................... 41
8.6 Liquidated Damages for Delay ............................................................................................................. 41
8.7 Interim Penalty .......................................................................................................................................... 42
8.8 Limit for Interim Penalty and Liquidated Damages for Delay ................................................ 41
8.9 Suspension of Work.................................................................................................................................. 42
8.10 Consequences of Suspension ................................................................................................................ 42
8.11 Payment for Plant and Materials in Event of Suspension ......................................................... 42
8.12 Prolonged Suspension ............................................................................................................................. 43
8.13 Resumption of Work ................................................................................................................................ 43
9 TESTS ON COMPLETION ........................................................................................................................ 43
9.1 Contractor’s Obligations ......................................................................................................................... 43
9.2 Delayed Tests .............................................................................................................................................. 44
9.3 Retesting ....................................................................................................................................................... 44
9.4 Failure to Pass Tests on Completion ................................................................................................. 44
10 EMPLOYER’S TAKING OVER ................................................................................................................ 45
10.1 Taking-Over Certificate........................................................................................................................... 45
10.2 Use by Employer ........................................................................................................................................ 45
11 TESTS AFTER COMPLETION................................................................................................................ 46
11.1 Employer’s Obligations ........................................................................................................................... 46
11.2 Delayed Tests .............................................................................................................................................. 46
11.3 Retesting ....................................................................................................................................................... 47
11.4 Failure to Pass Tests after Completion ............................................................................................. 47
11.5 Performance Certificate .......................................................................................................................... 47
12 DEFECTS LIABILITY ................................................................................................................................ 48
12.1 Completion of Outstanding Work and Remedying Defects ..................................................... 48
12.2 Cost of Remedying Defects .................................................................................................................... 48
12.3 Extension of Contract Period ................................................................................................................ 48
12.4 Failure to Remedy Defects ..................................................................................................................... 48
12.5 Removal of Defective Work.................................................................................................................... 49
12.6 Further Tests ................................................................................................................................................ 49
12.7 Right of Access .............................................................................................................................................. 49
12.8 Contractor to Search .................................................................................................................................. 49
12.9 Final Contract Completion Certificate ................................................................................................ 50
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. PAGE iii
Page 63 of 212
12.10 Unfulfilled Obligations .............................................................................................................................. 50

12.11 Guarantee Services ..................................................................................................................................... 50
13 CONTRACT PRICE AND PAYMENT.................................................................................................... 52
13.1 The Contract Price .................................................................................................................................... 52
13.2 Application for Interim Payment Certificates................................................................................ 54
13.3 Interim Valuation ...................................................................................................................................... 54
13.4 Plant and Materials for the Permanent Works ............................................................................. 55
13.5 Issue of Interim Payment Certificates............................................................................................... 55
13.6 Payment......................................................................................................................................................... 56
13.7 ERP Implementation ................................................................... Error! Bookmark not defined.
13.8 Payment of Retention Money for Works ......................................................................................... 59
13.9 Statement at Completion.............................................................................................................................
13.10 Application for Final Payment Certificate ....................................................................................... 59
13.11 Discharge ...................................................................................................................................................... 60
13.12 Issue of Final Payment Certificate ...................................................................................................... 60
13.13 Cessation of Employer's Liability ....................................................................................................... 61
13.14 Changes in Legislation ............................................................................................................................. 61
13.15 Adjustments for Changes in Cost (Price Variation)..................................................................... 61
13.16 Foreign Taxation..................................................................................................................................... 615
13.17 Local Taxation............................................................................................................................................. 61
13.18 Income Taxes on Staff .............................................................................................................................. 62
14 VARIATIONS ....................................................................................................................................................
14.1 Right to Vary .....................................................................................................................................................
14.2 Value Engineering ..................................................................................................................................... 63
14.3 Variation Procedure……………………………………………………………………………………...58
14.4 Provisional Sums………………………………………………………………………………………………
14.5 Amendments to the Contract Conditions/Specifications ..............................................................
15 DEFAULT OF CONTRACTOR .....................................................................................................................
15.1 Notice to Correct .............................................................................................................................................
15.2 Termination ................................................................................................................................................. 64
15.3 Valuation at Date of Termination .................................................................................................... 659
15.4 Payment after Termination ................................................................................................................... 65
15.5 Corrupt or Fraudulent Practices ......................................................................................................... 65
16 DEFAULT OF EMPLOYER ....................................................................................................................... 65
16.1 Cessation of Work and Removal of Contractor's Equipment.................................................. 66
17 RISK AND RESPONSIBILITIES ............................................................................................................. 66
17.1 Indemnity ..........................................................................................................................................................
17.2 Contractor's Care of the Works ................................................................................................................
17.3 Employer's Risks ....................................................................................................................................... 66
17.4 Consequences of Employer's Risks .........................................................................................................
17.5 Contractor's Risks ..........................................................................................................................................
17.6 Limitation of Liability .............................................................................................................................. 67
17.7 Occupation and Care of Employer’s Facilities ............................................................................... 68
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. PAGE iv
Page 64 of 212
18 INSURANCE ................................................................................................................................................. 68
18.1 Insurance for Design ................................................................................................................................ 68
18.2 Insurance for Works and Contractor's Equipment ..................................................................... 69
18.3 Insurance against Injury to Persons and Damage to Property............................................... 69
18.4 Insurance for Workers ............................................................................................................................ 69
18.5 General Requirements for Insurances .............................................................................................. 69
19 FORCE MAJEURE....................................................................................................................................... 71
19.1 Definition of Force Majeure .................................................................................................................. 71
19.2 Effect of Force Majeure Event .............................................................................................................. 71
19.3 Contractor's Responsibility ................................................................................................................... 71
19.4 Employer's Responsibility ..................................................................................................................... 71
19.5 Payment to Contractor ............................................................................................................................ 72
19.6 Optional Termination, Payment and Release ................................................................................ 72
19.7 Release from Performance under the Law ..................................................................................... 72
20 CLAIMS, DISPUTES AND ITS SETTLEMENT .................................................................................. 72
20.1 Procedure for Claims ............................................................................................................................... 72
20.2 Payment of Claims..................................................................................................................................... 73
20.3 Dispute Resolution Committe ................................................................................................................ 73
20.4 Arbitration ..................................................................................................................................................... 73
20.5 Disputes ………………………………………………………………………………..……………………………...80
21 Payment of Commission, Gratuities, Rebates, Gifts .........................................................................
22 Facilities to be provided for the employer and his representatives .......................................
23 Pre-dispatch Inspection Outside the Employer’s Country ...........................................................
24 Name plates......................................................................................................................................................
25 crop/ tree compensation ............................................................................................................................
26 SALVAGED MATERIALS ..............................................................................................................................
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. PAGE v
Page 65 of 212
BID NO: CE/AKLZ/AKL/T/T-19(R)/2018-19 DECLARATION BY CONTRACTOR
Section 2
GENERAL CONDITIONS OF CONTRACT
THE CONTRACT
Definitions
In the Contract (as defined below) the words and expressions defined below
shall have the meanings assigned to them, except where the context requires
otherwise:
Documents
"Contract" means the agreement if any to be entered into by the owner with
the contractor and shall includes these Conditions of Contract (Parts I
and II), the Employer's Requirements, the Tender, the Contractor's
Proposal, the Schedules, the Letter of Award and such further
documents as may be expressly incorporated in the Letter of Award or
Contract Agreement (if completed) and any further conditions which
may be specifically agreed to between the parties as forming the part
of contract.
"Employer's Requirements" means the description of the scope, standards,
design criteria (if any) and program of work, as included in the
Contract, and any alterations and modifications thereto in accordance
with the Contract. The Conditions of Contract, Technical Specifications,
Drawings, Appendix to Tender and all other information contained in
the bidding documents form an integral part of the Employer’s
Requirements.
"Tender" means the Contractor's priced offer to the Employer for the Works, as
accepted by the Letter of Award. The word 'tender’ is synonymous
with 'bid'.
“Appendix to Tender" means the completed appendix comprised in the
Tender. The words ‘Appendix to Tender’ are synonymous with the
words ‘Appendix to Bid’, ‘Appendix to Technical Proposal’, and
‘Appendix to Price Proposal’.
"Contractor's Proposal" means the completed Sections, Schedules, and
supporting documentation submitted with the Tender, as included in
the Contract.
"Schedules" means the information and data submitted with the Tender, as
included in the Contract.
"Schedule of Payments" means the Schedule designated as such (if any),
referred to in Sub-Clause 13.3.
"Letter of award" means the formal acceptance by the Employer of the Tender.
The term “Letter of award” is synonymous with the term “Notice of
Award”.
"Contract Agreement" means the contract agreement (if any) referred to in
Sub-Clause 1.5.
“Activity Schedule” is the schedule of activities which define the Scope of the
Works, comprised of the design, shop test, supply, transport, insurance,
Page 66 of 212
construction, erection, testing, pre-commissioning and commissioning

of sub-transmission and distribution lines, distribution transformers,
augmentation of distribution transformers and allied works as defined
in the bid documents as the Works, including guarantee of the
completed facilities during the Guarantee (Defects Liability) Period. It
includes a lump sum or unit rate price, as appropriate, for each activity
which will be used for valuations and for assessing the effects of
Variations and Compensation Events. The terms “Schedule of Prices”
and “Bill of Quantities” are synonymous with the term “Activity
Schedule”.
Persons
"Employer" means the person named as specified in clause 1.1 of section 1, and
the legal successors in title to such person, but not (except with the
consent of the Contractor) any assignee of such person.
“MSEDCL” means Maharashtra State Electricity Distribution Company Limited;
a company incorporated under the Company’s Act 1956 after the
restructuring of the erstwhile Maharashtra State Electricity Board
having its registered office at Plot No. G-9, Prakashgad, Bandra (East),
Mumbai 400 051.
"Contractor" means the person whose Tender has been accepted by the
Employer and the legal successors in title to such person, but not
(except with the consent of the Employer) any assignee of such person.
"Employer's Representative" means the person appointed by the Employer to
act as Employer's Representative for the purposes of the Contract and
named as specified, or other person appointed from time to time by the
Employer and notified as such to the Contractor.
"Contractor's Representative" means the person (if any) named as such in
the Contract or other person appointed from time to time by the
Contractor under Sub-Clause 4.3.
"Subcontractor", including vendors, means any person named in the Contract
as a subcontractor, manufacturer or supplier for a part of the Works or
any person to whom a part of the Works has been subcontracted in
accordance with Sub-Clause 4.6, and the legal successors in title to
such person, but not any assignee of such person.
“Arbitrator” means a person agreed by the parties to act as Arbitrator or a
person appointed by the Employer to settle any dispute or differences
between the Employer and the Contractor and named as such is
specified Tender and shall include “Principal Arbitrator”.
“Financing Agency” means the financial institution that will provide or has
provided loan financing to the Employer which is to be applied
towards the cost of executing the Contract.
“Third Party Inspector” means the person(s) or firm(s) engaged by the
Employer in accordance with Sub-Clause 7.3.2 and notified as such to
the Contractors who will be authorized to conduct independent
inspections on the Plant, Equipment and Materials to be supplied by
the Contractor for incorporation into the permanent Works, either at
the place of manufacture or fabrication or at the Site, as applicable.
Page 67 of 212
Dates, Times and Periods

"Base Date" means the date 28 days prior to the last date for submission of the
Tender for acceptance by the Employer, or as may be otherwise stated
in the formulae contained in Volume I, Part – B, Section 7.
"Effective Date" means the date on which the Contract enters into legal force
and effect. That will be the date of signing of the contract agreement.
"Commencement Date" Date of issue of LOA shall be considered as the
commencement date of contract.
1.1.3.4 "Time for Completion" means the time for completing the Works and
commissioning of complete Section, and passing the Tests on Completion, as
stated in the Appendix to Tender (or as extended under Sub-Clause 8.3),
calculated from the Commencement Date.
“Guarantee Period” means the time as stated in the Appendix to Tender
for guaranteeing the Plant, Equipment, and Materials against
defects in materials, workmanship and manufacturing defects,
calculated from the date upon which the entire Works (
completion and commissioning of all the useful Sections in all
respect) have been completed as certified by the Employer’s
Representative under Clause 10. The term “Defects Liability
Period” is synonymous with the term “Guarantee Period”.
"Contract Period" means the period from the Commencement Date to the date
of completion of the guarantee period.
"day" means a calendar day, “month” means a calendar month, and ”year"
means 365 days, as per the English Calendar.
“Milestone” means the time as specified for completing and commissioning of
complete Sections or for completing a designated percentage of the
total value of the Works, calculated from the Commencement Date. The
Milestones shall be developed by the Contractor, in consultation with
the Employer and Employer’s Representative in accordance with the
procedure set out in Sub-Clause 4.14, so as to form an “interim target
date” by which the Contractor will be required to complete that
Section’s Works so as to maintain pro-rata progress throughout the
duration of the Time for Completion.
“Defect Notice Period” means the period after observation of the Defect within
which the Employer should notify the Contractor about the Defect.
Notification of the Defect will normally be made immediately after its
observation.
“Defect Correction Period” means the period for correction of the Defect by
the Contractor, beginning from receipt of the Notice of Defect from the
Employer by the Contractor and extending up to 14 days thereafter.
Tests and Completion
"Tests on Completion" means the tests specified in the Contract and
designated as such, and any other such tests as may be agreed by the
Employer's Representative and the Contractor or instructed as a
Variation, which are to be carried out before the Works are taken over
by the Employer.
Page 68 of 212
“Pre-commissioning” means the testing, checking and other requirements

specified in the Contract that are to be carried out by the Contractor in
preparation for Commissioning, as provided in Clause 9 hereof. The
term “Pre-commissioning” is synonymous with the term “Test
Charging”, as commonly used in the Industry.
"Tests after Completion" means the tests specified in the Contract and
designated as such, which are to be carried out after the Works are
taken over by the Employer, as specified in Clause 11 hereof.
“Commissioning” means operation of the Facilities or any part thereof by the
Contractor following Completion, which operation is to be carried out
by the Contractor as provided in Sub-Clause 11.1.2 hereof, for the
purpose of carrying out Guarantee Test(s). The term “Commissioning”
is synonymous with the term “Permanent Energization”, as
commonly used in the Industry.
“Guarantee Test(s)” means the test(s) specified in the Contract to be carried
out to ascertain whether the Facilities or a specified part thereof is able
to attain the Functional Guarantees specified in the Contract in
accordance with the provisions of Sub-Clause 11.1.2 hereof.
“Operational Acceptance” means the acceptance by the Employer of the
Sections, which certifies the Contractor’s fulfillment of the Contract in
respect of Functional Guarantees of the Section in accordance with the
provisions of Clause 11.1.2 hereof.
"Taking-Over Certificate" means a certificate issued by the Engineer when the
Works, have been completed in accordance with the Contract, in
accordance with the provisions of Clause 10.
"Performance Certificate" means the certificate issued by the Employer's
Representative after satisfactory completion of the Works and expiry
of defect liability period, including Guarantee Tests, and
Commissioning, and satisfactory correction of all defects in accordance
with the provisions of Sub-Clause 12.9.
"Final Contract Completion Certificate" means the certificate issued by the
Employer’s Representative upon satisfactory completion of the
Guarantee responsibilities under Sub-Clause 12.11.
Money and Payments
"Contract Price" means the sum stated in the Letter of Award as payable to the
Contractor for the design, execution, testing, commissioning and
completion of the Works and the remedying of any defects in
accordance with the provisions of the Contract, including guarantee of
the Works and plant during the defects liability period.
"Local Currency" means the currency of the Employer’s Country, i.e., Indian
Rupees.
"Foreign Currency" is not applicable for this Contract.
"Retention Money" means (if applicable) the accumulated retention monies
retained by the Employer under Sub- Clause 13.8.
Page 69 of 212
"Provisional Sum" means a sum (if any) specified in the Contract and
designated as such, for the execution of any part of the Works or for
the supply of Plant, Materials or services.
"Cost" means all expenditure properly incurred (or to be incurred} by the
Contractor, whether on or off the Site, including overhead and similar
charges, but does not include profit.
"Interim Payment Certificate" means any payment certificate issued by the
Employer's Representative under Clause 13, other than the Final
Payment Certificate.
"Final Payment Certificate" means the payment certificate issued by the
Employer's Representative under Sub-Clause 13.13.
"Final Statement" means the agreed statement defined in Sub-Clause 13.11.
Other Definitions
"Construction Documents" means all drawings, calculations, computer
software (programs), samples, patterns, models, operation and
maintenance manuals, and other manuals and information of a similar
nature, to be submitted by the Contractor.
“Specifications” mean and include collectively all the terms and stipulations
contained in the bid document including the Conditions of Contract,
technical provisions and annexure thereto, addenda and lists of
corrections, amendments and clarifications, as well as any variations
issued by the Employer’s Representative during the course of the
Contract.
"Variation" means any alteration and/or modification to the Contract which is
instructed by the Employer's Representative or approved as a
variation by the Employer's Representative, in accordance with Clause
14.
"Works" means the Permanent Works and the Temporary Works or either of
them as appropriate, including design, supply, transportation,
construction, erection, testing, pre-commissioning of the constructed
facilities and remedying of any defects, but excluding guarantee of the
facilities after completion of the Works (as defined in Sub-Para
1.1.6.12).
“Defect” means any part of the Works not completed in accordance with the
Specifications and terms and conditions of Contract, including any
Works or part thereof which becomes faulty during the Guarantee
(Defects Liability) Period.
“Facilities” means the Plant and Equipment to be supplied and installed, as
well as all the Installation Services to be carried out by the Contractor
under the Contract.
"Permanent Works" means the permanent works to be designed and executed
in accordance with the Contract.
"Temporary Works" means all temporary works of every kind (other than
Contractor's Equipment) required for the execution and completion of
the Works and the remedying of any defects.
Page 70 of 212
"Plant" and/ or “Plant and Equipment” means permanent plant, equipment,

machinery, apparatus, articles and things of all kinds to be provided
and intended to form or forming part of the Permanent Works,
including the supply-only items (if any) which are to be supplied by the
Contractor as specified in the Contract, but does not include
Contractor’s equipment.
"Materials" means things of all kinds (other than Plant) to be provided and
incorporated in the Permanent Works by the Contractor, including the
supply-only items (if any) which are to be supplied by the Contractor
as specified in the Contract.
“Installation Services” means all those services ancillary to the supply of the
Plant and Equipment for the Facilities, to be provided by the
Contractor under the Contract; e.g., provision of marine or other
similar insurance, inspection, expediting, site preparation works
(including the provision and use of Contractor’s Equipment and the
supply of all construction materials required), installation, testing, pre-
commissioning, commissioning, operations, provision of as-built
drawings and operations and maintenance manuals, training, etc.
“Guarantee" means the supply of all things necessary so as to remedy any
defects in workmanship, materials, plant and equipment and guarantee
proper operation of the constructed facilities for the period of time as
specified in the Appendix to Tender after completion of the Works, all
in accordance with the conditions of the Contract.
"Contractor's Equipment" means all machinery, apparatus and other things
(other than Temporary Works) required for the execution, completion
and guarantee of the Works and the remedying of any defects, but does
not include Plant and Equipment, Materials, or other things intended to
form or forming part of the Permanent Works.
"Section" means a part of the Works which is defined in the Appendix to
Tender as a Section (if any).
"Site" means the places provided by the Employer where the Works are to be
executed and to which Plant and Materials are to be delivered and any
other places as may be designated in the Contract as forming part of
the Site.
"Country” means the country in which the Works are to be executed and to
which Plant and Materials are to be delivered. For the purposes of this
Contract, the Country is India.
Headings and Marginal Notes
The headings and marginal notes are not part of these Conditions, and shall
not be taken into consideration in their interpretation.
Interpretation
i. Words importing persons or parties shall include firms and
corporations and any organization having legal capacity.
ii. Words importing the singular also include the plural and vice versa
where the context requires.
iii. Words importing one gender also include other genders.
Page 71 of 212
Law and Language

The law of the Contract is the law of India. Where versions of the Contract are
prepared in different languages, the English language version shall prevail.
The language for reporting and day to day communications shall be English.
Contract Agreement
A Contract Agreement in the form annexed, with such modifications as may be
necessary to record the agreement reached, shall be executed within the time
period specified in the Appendix to Tender. The costs of stamp duties and
similar charges imposed by the law shall be borne by the Contractor.
Priority of Documents
The documents forming the Contract are to be taken as mutually explanatory
of one another. If there is an ambiguity or discrepancy in the documents, the
Employer shall issue any necessary clarification or instruction to the
Contractor, and the priority of the documents shall be as follows:
(a) The Contract Agreement;
(b) The Letter of award;
(c) The Bid (accepted Price Proposal);
(d) The Conditions of Contract, ;
(e) The Employer's Requirements (including Specifications and
Drawings); and
(f) The Contractor's Proposal (Technical Proposal, including completed
Schedules).
Documents on Site
The Contractor shall keep on the Site one complete set of the documents
forming the Contract, the Construction Documents, Variations, other
communications given or issued under Sub-Clause 1.8 and the documents
mentioned in Sub-Clause 5.4. The Employer, the Employer's Representative
and assistants (as referred to in Clause 3) shall have the right to use such
documents at all reasonable times.
Communications
a. Wherever provision is made for the giving or issue of any notice,
instruction, consent, approval, certificate or determination by any
person, unless otherwise specified such communication shall be in
writing and shall not be unreasonably withheld or delayed.
b. Wherever provision is made for a communication to be "written" or "in
writing", this means any hand-written, type-written or printed
communication, including the agreed systems of electronic
transmission stated in the Appendix to Tender.
c. All certificates, notices or written orders to be given to the Contractor
by the Employer or the Employer's Representative, and all notices to
be given to the Employer or to the Employer's Representative by the
Contractor, shall either be delivered by hand against written
acknowledgement of receipt, or be sent by airmail or one of the agreed
systems of electronic transmission. The addresses for the receipt of
such communications shall be as stated in the Appendix to Tender.
Page 72 of 212
d. Project review coordination meetings between the Employer,

Employer’s Representative and Contractor shall be conducted on a
monthly basis or as and when required by the Employer, at locations
decided by the Employer, to review the Contractor’s progress and
plans for completing the remaining Works, to deal with matters
affecting the progress of the Works, and to decide on responsibility for
actions required to be taken. The Employer / Employer’s
Representative shall prepare the Minutes of Meeting and provide
copies for the records of all attendees. Decisions taken and instructions
issued during the coordination meetings, as recorded in the Minutes,
shall have the same force and effect as if they were written
communications issued in accordance with the three preceding
paragraphs.
Provision of Construction Documents
The Construction Documents shall be in the custody and care of the
Contractor. Unless otherwise stated in the Employer's Requirements, the
Contractor shall provide one reproducible original, one soft (electronic) copy,
one full-size original copy and six printed copies of all designs and drawings
prepared by the Contractor for the use of the Employer's Representative and
assistants (as referred to in Clause 3).
Employer’s Use of Contractor’s Documents
Copyright in the Construction Documents and other design documents made
by or on behalf of the Contractor shall (as between the parties) remain the
property of the Contractor. The Employer may, at his cost, copy, use and
communicate any such documents (including making and using
modifications) for the purposes of completing, operating, maintaining,
altering, adjusting and repairing the Works. They shall not, without the
Contractor's consent, be used, copied or communicated to a third party by the
Employer or the Employer's Representative for other purposes.
Contractor’s Use of Employer’s Documents
Copyright in the Employer's Requirements and other documents issued by the
Employer or the Employer's Representative to the Contractor shall (as
between the parties) remain the property of the Employer. The Contractor
may, at his cost, copy, use and communicate any such documents for the
purposes of the Contract. They shall not, without the Employer's consent, be
used, copied or communicated to a third party by the Contractor, except as
necessary for the purposes of the Contract.
Confidential Details
The Contractor shall not be required to disclose, to the Employer or the
Employer's Representative, the confidential details listed in the Appendix to
Tender.
Compliance with Statutes, Regulations and Laws
The Contractor shall, in all matters arising in the performance of the Contract,
comply with, give all notices under, and pay all fees required by the provisions
of any national or state statute, ordinance or other law, or any regulation of
any legally constituted public authority having jurisdiction over the Works.
The Contractor shall obtain all permits, licenses or approvals required for
Page 73 of 212
implementing, testing and commissioning any part of the Works in reasonable

time taking account of the times for delivery of the Plant and Materials and for
completion of the Works, and the costs of any such permits, licenses or
approvals shall be included in the Contract Price for the relevant Activity. The
Employer and the Contractor shall comply with the laws of India and the State
of Maharashtra.
Joint and Several Liability (Not applicable)
Confidentiality
The Contractor shall treat the details of the contract as private and
confidential, except to the extent necessary to carry out its obligations under
it. The Contractor shall not publish any information, drawings or photographs
concerning the Works, or permit to be published, or otherwise disclose any
particulars of the Contract in any trade or technical paper or elsewhere
without the prior consent in writing of the Employer, and subject to any terms
and conditions that he may prescribe.
Inspections and Audit by the Financing Agency and/or Employer
The Contractor shall permit the Financing Agency and/or Employer to inspect
the Contractor’s accounts and records relating to the performance of the
Contract and to have them audited by the Financing Agency and/or Employer,
if so required by the Financing Agency and/or Employer.
THE EMPLOYER
General Obligations
The Employer shall provide the Site, and shall pay the Contractor in
accordance with Clause 13.
Access to and Possession of the Site
The Employer shall grant the Contractor right of access to, and possession of,
the Site within the time stated in the Appendix to Tender. Such right and
possession may not be exclusive to the Contractor.
If the Contractor suffers delay and/or incurs Cost from failure on the part of
the Employer to grant right of access to or possession of the Site, the
Contractor shall give notice to the Employer's Representative. After receipt of
such notice the Employer's Representative shall proceed in accordance with
Clause 3 to agree or determine:
(a) any extension of time to which the Contractor is entitled under Sub-
Clause 8.3,
Permits, Licenses or Approvals
The Employer will, at the request and cost of the Contractor, assist him in
applying for permits, licenses or approvals, which are required for any part of
the Works, for delivery (including clearance through customs) of Plant,
Materials and Contractor's Equipment, and for the completion of the Works.
Such requests may also include requests for the Employer's assistance in
applying for any necessary government consent to the export of Contractor's
Equipment when it is removed from the Site.
Employer’s Entitlement to Terminate
Page 74 of 212
The Employer shall be entitled to terminate the contract, at the Employer’s

convenience, at any time after giving 30 days’ prior notice to the Contractor,
with a copy to the Employer’s Representative, and returning the Security
Deposit. In the event of such termination, the Contractor shall be paid by the
Employer in accordance with Sub-Clause 19.6.
After such termination for the Employer’s convenience, execution of the
Works shall be recommended within a period of one year without the
Contractor’s consent.
THE EMPLOYER'S REPRESENTATIVE

For the purpose of this contract the Employers Representative will be S.D.O. of
concerned Sub-Division.
4. THE CONTRACTOR
General Obligations
a. The Works as completed by the Contractor shall be wholly in

accordance with the Contract and fit for the purposes for which they
are intended, as defined in the Contract. The Works shall include any
work which is necessary to satisfy the Employer's Requirements,
Contractor's Proposal and Schedules, or is implied by the Contract, or
arises from any obligation of the Contractor, and all works not
mentioned in the Contract but which may be inferred to be necessary
for stability or completion or the safe, reliable and efficient operation
of the Works.
b. The Contractor shall design, execute and complete the Works,
including providing Construction Documents, within the Time for
Completion, and shall remedy any defects within the Contract Period.
The Contractor shall provide all superintendence, labor, Plant,
Materials, Contractor's Equipment, Temporary Works and all other
things, whether of a temporary or permanent nature, required in and
for such design, execution, completion and remedying of defects.
c. All Works shall be carried out in strict conformity with the provisions
under the IE Rules 1956, Electricity Rules 2005 and drawings
approved by the MSEDCL, using Standard Method of Construction. The
Contractors shall comply with all electrical safety regulations and no
work shall be carried out on any live equipment on the Site. The
Contractor shall provide adequate safety devices, as per the applicable
codes, standards and practices, for handling and installing the Plant
and Equipment and testing the facilities, and shall employ an adequate
number of qualified, full-time electricians during both the Contract
Period along with conditions specified in clause 5.3 or 6.3 of Section – I
as applicable and the Guarantee Period as necessary to ensure
satisfactory installation of the Plant and Equipment and guarantee of
the facilities.
d. The Contractor is required to check the design criteria and calculations
(if any) included in the bidding document, to confirm their correctness
in its bid and to assume full responsibility for them. Before
Page 75 of 212
commencing design, the Contractor shall satisfy himself regarding the

Employer's Requirements (including design criteria and calculations, if
any) and the items of reference mentioned in Sub-Clause 4.8. The
Contractor shall give notice to the Employer's Representative of any
error, fault or other defect in the Employer's Requirements or such
items of reference. After receipt of such notice, the Employer's
Representative shall determine whether Clause 14 shall be applied,
and shall and notify the Contractor accordingly.
e. The Contractor shall take full responsibility for the adequacy, stability
and safety of all Site operations, of all methods of construction and of
all the Works, irrespective of any approval or consent by the
Employer's Representative.
Performance Guarantee in Lieu of Security Deposit
a. Within 7 calendar days of receipt of the Letter of Award from the
Employer, the successful bidder shall furnish to the Employer the
performance Security in the form of an unconditional and irrevocable
Bank Guarantee for an amount equal to 05% (Five percent) of the
contract price denominated solely in Indian Rupees payable and claimed
at Mumbai issued either by a Nationalized or Scheduled Bank located in
Maharashtra and acceptable to the Employer.
b. Without limitation to the provisions of the preceding paragraph, whenever
the Employer's Representative determines an addition to the Contract
Price as a result of a change in scope and/or legislation or as a result of a
variation amounting to more than five percent (05%) of the portion of the
Contract Price, the Contractor, at the written request of the Employer's
Representative, shall promptly increase the value of the security deposit
by an equal percentage.
c. The security deposit shall be valid until the Contractor has completed the
whole of the Works, remedied any defects, and completed his obligations
for commissioning of the constructed facilities and for satisfactorily
rectifying any defects in workmanship, materials and equipment in the
facilities during the Guarantee Period.
d. The defect liability period of the works including the material other than
the Major items is 24 (Twenty Four) months starting from the date of
completion of project by Employers representative whereas the Guarantee
period of individual major equipments listed in clause 12.11 against
design, manufacturing and workmanship shall be for the period of 36
(Thirty Six Months) from the date of completion of defect liability period.
e. The successful bidder has to submit the fresh performance guarantee for
these major equipments two months prior to completion of defect liability
period. In case the contractor fails to submit the information and fresh
Performance Guarantee for these equipments, the retention amount
available with the Employer will be withheld and it will be released only
after submission of the required Performance Guarantee for these
equipments, by the successful bidder.
f. The Guarantee shall be in the form of unconditional and irrevocable bank
guarantee payable and claimed at Akola issued either by a Nationalized or
Scheduled Bank equal to the 05% of equipments along with contract value.
Page 76 of 212
g. The performance guarantee shall be valid for the full value and for the full
period of contract including 60 days for a claim period after the end of
guarantee period and shall be extendable for the further period if so
required.
h. The Performance Bank Guarantee will be generally released to the
Contractor within 30 days after completion of all works, successful
commissioning of all section/facilities, end of Guarantee period (defect
liability period) or the issue of the Final Contract Completion Certificate
whichever is later.
i. The Performance Bank Guarantee of the five major equipments will be
generally released within 30 days after satisfactory completion of the
guarantee period for these equipments.
j. Prior to making a claim under the security deposit, the Employer shall, in
every case, notify the Contractor stating the nature of the default for which
the claim is to be made.
Forfeiture of performance Bank Guarantee
The performance Bank Guarantee submitted in lieu of security deposit
specified in the clause 4.2 will be liable to be forfeited if
a) The contractor fails to initiate the works after award of contract or
b) The progress of works were perpetually lagging behind the intended
progress of works as per agreed milestone or
c) The contract is terminated due to the reasons attributed to the
contractor or
d) The quality of material is not as per standard or if the works is not
carried out as per standard method of construction, or not observing
the rules and regulations as specified or
e) Any other reasons thereof
The performance bank Guarantee shall not be forfeited unless the opportunity
of being heard has been reasonably given to the party and no sign of
improvement has been observed.
Contractor’s Representative
Unless the Contractor's Representative is named in the Contract, the
Contractor shall, within 14 days of the Effective Date, submit to the
Employer's Representative for consent the name and particulars of the person
the Contractor proposes to appoint. The Contractor shall not revoke the
appointment of the Contractor's representative without the prior consent of
the Employer's Representative.
The Contractor's Representative shall give his whole time to directing the
preparation of the Construction Documents and the execution of the Works.
Except as otherwise stated in the Contract, the Contractor's Representative
shall receive (on behalf of the Contractor) all notices, instructions, consents,
approvals, certificates, determinations and other communications under the
Contract. Whenever the Contractor's Representative is to be absent from the
Site, a suitable replacement person shall be appointed, and the Employer's
Representative shall be notified accordingly.
Page 77 of 212
The Contractor's Representative may delegate any of his powers, functions

and authorities to any competent person, and may at any time revoke any
such delegation. Any such delegation or revocation shall be in writing and
shall not take effect until the Employer's Representative has received prior
notice signed by the Contractor's Representative, specifying the powers,
functions and authorities being delegated or revoked. The Contractor's
Representative and such persons shall be fluent in the language for day-to-day
communications defined in Sub-Clause 1.4.
If the Contractor's Representative is not fluent in the English language, the
Contractor shall make a competent interpreter available during all working
hours.
Co-ordination of the Works
The Contractor shall be responsible for the co-ordination and proper
execution of the Works, including co-ordination of other contractors to the
extent specified in the Employer's Requirements, as well as coordinating and
liaising with the relevant governmental offices, including the Electrical
Inspector Office, Forest Office, Municipal Offices, Grampanchayat, Railways
Offices, Public Works Department and any other Department, consumer or
group of consumers, etc, as may be needed for timely completion of the
Works.
The Contractor shall afford all reasonable opportunities for carrying out their
work to:
(a) any other contractors employed by the Employer and their workmen,
(b) the workmen of the Employer, and
(c) the workmen of any legally constituted public authorities who may be
employed in the execution on or near the Site of any work not
included in the Contract, which the Employer may require.
Subcontractors
The Contractor shall obtain, co-ordinate and submit to the Employer's
Representative for his information all details (including details of work to be
carried out off the Site) from Subcontractors. The Contractor shall be
responsible for the locations of their work or materials, in order to ensure
that there is no conflict with the work of other Subcontractors, the Contractor
or other contractors
Assignment and subletting of contract:
a) The contractor shall not assign the awarded contract or any part
thereof or any benefit or interest therein or there under without the
prior express (written) consent of the Employer.
b) The Contractor shall not subcontract more than 50% (fifty percent) of
the value of the whole of the Works, and any proposed subcontracts
shall be subject to the approval of Employer’s Representative.
c) Such consent, if given, shall not relieve the contractor from any liability
or obligation under the contract and he shall be responsible for the
acts, default and neglects of any sub contractor, his agent, servant or
workman as fully as if those were the acts, default and neglects of
contractor, his agent, servant or workman.
Page 78 of 212
d) The employer shall have the right to obtain from the contractor any
agreement in writing entered into by the contractor with any of his sub
contractor or any purchase orders placed for suppliers and services in
respect of the works.
Setting Out
The Contractor shall set out the Works in relation to original points, lines and
levels of reference specified in the Contract Documents or, if not specified,
given by the Employer's Representative in writing. The Contractor shall
rectify, at his cost, any error in the positions, levels, dimensions or alignment
of the Works.
Quality Assurance
a) The Contractor shall institute a Quality Assurance and Quality Control
(QA/QC) system in accordance with accepted industry standards and
practices, as well as the requirements described in the Contract
Documents, to demonstrate compliance with the requirements of the
Contract. Compliance with the quality assurance system shall not
relieve the Contractor of his duties, obligations or responsibilities.
b) The Contractor shall submit, within 14 days of signing of Agreement,
the proposed Quality Assurance and Quality Control (QA/QC) Program
for approval by the Employer’s Representative. Such QA/QC Program
shall be developed to describe the type, frequency and procedure of
tests to be done on the Site(s); type, frequency and procedure of tests
to be done at manufacturers’ locations outside the Site; all parameters
to be measured in these tests; permissible limits of such parameters;
details of laboratories to be established at the Site(s); details of testing
equipment and machines and their calibration schedules; details of the
contractor’s internal control systems for assuring quality control at
locations of manufacturers’ outside the Site; details of qualifications
and experience of the Quality Control professionals to be deployed by
the contractor for the entire project; and the systems of Quality Audit
to be instituted by the contractor, etc., essential for systematic and
professional management as well as adherence to the highest
standards of quality of all construction works.
c) The Employer’s Representative shall scrutinize, modify if required and
approve such proposed QA/QC Program, in consultation with the
Contractor, within 14 days of submission by the Contractor. If the
Employer’s Representative does not give its approval or objection
within the stated period, the QA/QC Program shall be deemed to be
accepted. Nevertheless, any approval by the Employer’s
Representative, or failure to object to the proposed QA/QC Program,
will not relieve the Contractor of any of its obligations or responsibility
under the contract.
d) The Contractor, prior to commencement of permanent works at the
Site, shall set up his own quality control/ testing laboratory, with prior
notification to the Employer’s Representative. The calibration of the
laboratory equipment and instruments shall at the initial stages be
certified by agencies approved by the Employer’s Representative.
Laboratory equipment shall be properly maintained and calibrated
Page 79 of 212
throughout the period of the Contract by the Contractor at his own

expense.
e) Details of all procedures and compliance documents shall be submitted
to the Employer's Representative for his information before each
design and execution stage is commenced. When any document is
issued to the Employer's Representative, it shall be accompanied by
the signed quality statements for such document, in accordance with
the details stated in the Contract. The Employer's Representative shall
be entitled to audit any aspect of the system and require corrective
action to be taken.
f) The Contractor shall give the Employer’s Representative at least 7 days
advance notice prior to conducting any tests for materials and work.
The Employer’s Representative will also inspect the laboratory if
deemed necessary and the Contractor shall provide adequate facilities
to the Employer’s Representatives for his independent verification of
the accuracy and adequacy of the facilities.
Site Data
a) The Employer shall have made available to the Contractor, prior to the
last date for submission of Bids, all available data on conditions at the
Site, and studies on environmental impact, which have been obtained
by or on behalf of the Employer from investigations for the Works. The
Contractor shall be responsible for interpreting all data.
b) The Contractor shall be deemed to have inspected and examined the
Site, its surroundings, the above data and other available information,
and to have satisfied himself (so far as is practicable, taking account of
cost and time) before submitting the Tender, as to:
i. the form and nature of the Site, including land use and sub-surface
conditions,
ii. the extent and nature of the work and Materials necessary for the
execution and completion of the Works, and the remedying of any
defects, and
iii. the means of access to the Site and the accommodation he may require.
c) The Employer does not warrant either the sufficiency or accuracy of
data provided in this document or elsewhere. The Contractor shall be
wholly responsible for interpreting all data, including any data listed
elsewhere in the Contract as open for inspection at the office of the
Employer, and for undertaking any necessary confirmatory or
additional surveys that he deems necessary before submitting the
Tender.
d) The contractor shall be deemed to have carefully examined all contract
documents to his entire satisfaction. If he shall have any doubt as to the
meaning of any portion of the contract documents, he shall , within one
month of the issue of letter of Award or before signing of the contact
agreement as the case may be, set forth the particulars thereof, and
submit them to the employer in writing for clarification thereof. The
employer shall provide such clarification as may be necessary, in
writing to the contractor. Any information otherwise obtained from
Page 80 of 212
the Employer shall not in any way relieve the contractor of his
responsibility to fulfill his obligation under the contract.
Matters Affecting the Execution of the Works
The Contractor shall be deemed to have satisfied himself as to the correctness
and sufficiency of the Contract Price. Unless otherwise stated in the Contract,
the Contract Price shall cover all his obligations under the Contract and all
things necessary for the proper design, execution and completion of the
Works and the remedying of any defects.
Unforeseeable Sub-Surface Conditions
If sub-surface conditions are encountered by the Contractor which in his
opinion was not foreseeable by an experienced contractor, the Contractor
shall give notice to the Employer's Representative so that the Employer's
Representative can inspect such conditions. After receipt of such notice and
after his inspection and investigation, the Employer's Representative shall, if
such conditions were not (by the Base Date) foreseeable by an experienced
contractor, proceed in accordance with Clause 3 to agree or determine:
Clause 8.3,
Access Route
The Contractor shall be deemed to have satisfied himself as to the suitability
and availability of the access routes he chooses to use. The Contractor shall
(as between the parties) be responsible for the maintenance of access routes.
The Contractor shall provide any signs or directions which he may consider
necessary for the guidance of his staff, labor and others. The Contractor shall
obtain any permission that may be required from the relevant authorities for
the use of such routes, signs and directions.
The Employer will not be responsible for any claims which may arise from the
use or otherwise of any access route. The Employer does not guarantee the
suitability or availability of any particular access route, and will not entertain
any claim for any non-suitability or non-availability for continuous use during
construction of any such route.
Rights of Way and Facilities
The Contractor shall bear all costs and charges for special or temporary
rights-of-way required by him for access to the Site and shall make his own
arrangements for construction of the field offices, workshops, stores,
assembling yards, testing laboratories, etc. The Contractor shall also provide,
at his own cost, any additional facilities outside the Site required by him for
the purposes of the Works.
Programme
a) The Contractor shall submit his proposed construction program to the
Employer's Representative for approval within the time stated in the
Appendix to Tender. The program shall include the following:
I. the order in which the Contractor proposes to carry out the Works
(including each stage of design, procurement, manufacture, delivery to
Site, construction, erection, testing and commissioning);
Page 81 of 212
II. all major events and activities in the production of Construction

Documents;
III. the scheduled date for completion of all Milestones, as approved by the
Employer’s Representative;
IV. the periods for the pre-construction reviews under Sub-Clause 5.2 and
for any other submissions, approvals and consents specified in the
Contract Documents; and
V. The sequence of all tests specified in the Contract.
b) The Contractor shall provide, in writing, a general description of the
arrangements and methods which the Contractor proposes to adopt
for the execution of the Works. No significant alteration to the
program, or to such arrangements and methods, shall be made without
informing the Employer's Representative. If the progress of the Works
does not conform to the program, the Employer's Representative may
instruct the Contractor to revise the program, showing the
modifications necessary to achieve completion within the Time for
Completion.
c) The above notwithstanding, the Contractor will be fully responsible to
ensure that the Works are carried out in a timely manner so as to
complete the whole of the Works within the agreed Time for
Completion and to complete the individual Sections in broad
conformity with the indicative Milestone Schedule as set out in the
Appendix to Tender. As a general rule, the Contractor shall develop his
detailed Construction Program in consultation with the Employer and
Employer’s Representative so as to clearly describe the Milestones that
are to be achieved during each month of the construction period, based
on the following principles:
i. the Works shall be scheduled on a mutually agreed basis so that
they proceed at a steady pace commensurate with the overall scale
and objectives of the Contract, with due consideration to the
priorities established by the Employer’s Representative so that early
benefits can be realized from completed Section;
ii. Works should be taken up in an integrated manner so that each
Section is completed in its entirety, ready for Commissioning, as the
work proceeds; and
iii. All Works shall be completed in their entirety within the Time for
Completion, including testing, rectification of defects, pre-
commissioning and hand-over to the Employer.
The final Construction Program shall clearly set out the completion
dates, approved by the Employer, for each Milestone that is to be
achieved during each month within the designated Time for
Completion and for the Works as-a-whole. Such Construction Program
shall be developed on a normally available commercial project
management software (such as Primavera, MS Project or equivalent)
showing detailed micro-level activities together with bar charts, CPM
diagrams, critical paths, daily schedules, etc., essential for systematic
and professional management of all construction works. The
Page 82 of 212
Employer’s Representative shall scrutinize, modify if required and

approve such proposed Construction Program, in consultation with the
Contractor, within 14 days of submission by the Contractor. If the
Employer does not give its approval or objection within the stated
period, the Construction Program shall be deemed to be accepted.
Nevertheless, any approval by the Employer, or failure to object to the
proposed Construction Program, will not relieve the Contractor of any
of its obligations or responsibility under the contract.
The Employer reserves the right to request a change in the priority
schedule for the activities as given by the Contractor based on mutual
agreement. In the event that the Contractor’s actual progress falls
behind the planned progress for reasons that are not outside the
control of the Contractor, then the Contractor will be required to
accelerate his progress to the extent required to ensure completion
within the Time for Completion, for which no additional payment will
be made.
Progress Reports
Monthly progress reports shall be prepared by the Contractor in an approved
format and submitted to the Employer's Representative in six copies. The first
report shall cover the period up to the end of the calendar month after that in
which the Commencement Date occurred; reports shall be submitted monthly
thereafter, each within 3 days of the last day of the period to which it relates.
Reporting shall continue until the Contractor has completed all work which is
known to be outstanding at the completion date stated in the Taking-Over
Certificate for the Works. Each report shall include:
a. photographs and detailed descriptions of progress, including each
stage of design, procurement, manufacture, delivery to Site,
construction, erection, testing and commissioning;
b. charts showing the status of Construction Documents, purchase orders,
manufacture and construction;
c. for the manufacture of each main item of Plant and Materials, the name
of manufacturer, manufacture location, percentage progress, and the
actual or expected dates of commencement of manufacture,
Contractor's inspections, tests and delivery;
d. records of personnel and Contractor's Equipment on Site;
e. copies of quality assurance documents, test results and certificates of
Materials;
f. safety statistics, including details of any hazardous incidents and
activities relating to environmental aspects and public relations;
g. comparisons of actual and planned progress, with details of any
aspects which may jeopardize the completion in accordance with the
Contract, and the measures being (or to be) adopted to overcome such
aspects; and
Page 83 of 212
h. Early warning of any specific likely events or circumstances which may

adversely affect the implementation schedule, with details of proposals
to mitigate the effects of such events.
Contractor’s Equipment
Unless otherwise stated in the Contract Documents, the Contractor shall
provide all Contractor's Equipment necessary to complete the Works,
including testing and commissioning, and to maintain, inspect and repair as
necessary the constructed facilities during the Guarantee Period.
All Contractor’s Equipment shall, when brought on to the site, be deemed to
be exclusively intended for the execution of the Works. The Contractor shall
not remove from the Site any such Contractor's Equipment without the prior
written consent of the Employer's Representative.
The Contractor shall submit, within 14 days of signing the Agreement, the
proposed Deployment Program of all necessary Equipment, Plant and
Machinery to be used for construction (such as cranes, excavators, concrete
batching plants, generators, welding sets, shuttering sets, compactors, etc.) for
approval by the Employer’s Representative. Such Deployment Program shall
be developed on normally available commercial project management
software showing detailed micro-level equipment, plant and machinery along
with bar charts, essential for systematic and professional management of all
construction works. The Employer’s Representative shall scrutinize, modify if
required and approve such proposed Deployment Program, in consultation
with the Contractor, within 14 days of submission by the Contractor. If the
Employer’s Representative does not give its approval or objection within the
stated period, the Deployment Program shall be deemed to be accepted.
Nevertheless, any approval by the Employer’s Representative, or failure to
object to the proposed Deployment Program, will not relieve the Contractor of
any of its obligations or responsibility under the contract.
Safety Precautions
The Contractor shall comply with all applicable safety regulations in his
design, access arrangements and operations on Site as per the provisions
under the IE Rules 1956, Electricity Rules 2005, Safety instruction notified by
the electrical Inspector, Electrical Inspection Departments Govt. of
Maharashtra and “best practices” established within the industry. Unless
otherwise stated in Part II, the Contractor shall, from the commencement of
work on Site until taking-over by the Employer, provide:
(a) fencing, lighting, guarding and watching of the Works; and
(b) temporary roadways, footways, guards and fences which may be
necessary for the accommodation and protection of owners and
occupiers of adjacent land, the public and others, and
(c) Adequate safety devices, as per the applicable codes, standards and
practices, for handling and installing the Plant and Equipment and
testing the facilities.
The Contractor shall submit, within 14 days of signing of Agreement, the
proposed Safety Plan for approval by the Employer’s Representative. Such
Safety Plan shall be developed to ensure Zero fatal accidents and Zero
hazardous incidents/occurrences in all construction works, and during the
Page 84 of 212
Guarantee Period. The Employer’s Representative shall scrutinize, modify if

required and approve such proposed Safety Plan, in consultation with the
Contractor, within 14 days of submission by the Contractor. If the Employer’s
Representative does not give its approval or objection within the stated
period, the Safety Plan shall be deemed to be accepted. Nevertheless, any
approval by the Employer’s Representative, or failure to object to the
proposed Safety Plan, will not relieve the Contractor of any of its obligations
or responsibility under the contract.
Protection of the Environment

The Contractor shall take all reasonable steps to protect the environment
(both on and off the Site) and to limit damage and nuisance to people and
property resulting from pollution, noise and other results of his operations.
The Contractor shall ensure that air emissions, surface discharges and effluent
from the Site during the Contract Period shall not exceed the values
prescribed by law.
Electricity, Water and Gas
The Contractor shall be entitled to use for the purposes of the Works such
supplies of electricity, water, gas and other services as may be available on the
Site upon payment of standard rates for such services. The quantities
consumed shall be determined by the Employer's Representative, who shall
include the amounts due as deductions in Interim and Final Payment
Certificates. The Contractor shall, at his risk and cost, provide any apparatus
necessary for such determination and for his use of these services.
Employer Supplied Machinery and Materials
No Machinery and material shall be supplied by the Employer.
Clearance of Site
During the execution of the Works, the Contractor shall keep the Site free
from all unnecessary obstruction, and shall store or dispose of any
Contractor's Equipment or surplus materials. The Contractor shall clear away
and remove from the Site any wreckage, rubbish or Temporary Works no
longer required.
Upon the issue of any Taking-Over Certificate, the Contractor shall clear away
and remove, from that part of the Site and Works to which such Taking-Over
Certificate refers, all Contractor's Equipment, surplus material, wreckage,
rubbish and Temporary Works. The Contractor shall leave such part of the
Site and the Works in a clean and safe condition to the satisfaction of the
Employer's Representative. Except that, the Contractor shall be entitled to
retain on Site, until the expiry of the Contract Period, such Contractor's
Equipment, Materials and Temporary Works as required by him for the
purpose of fulfilling his obligations under the Contract.
If the Contractor fails to remove, by 28 days after the issue of the Performance
Certificate, any remaining Contractor's Equipment, surplus material,
wreckage, rubbish and Temporary Works, the Employer may sell or otherwise
dispose of such items. The Employer shall be entitled to retain, from the
proceeds of such sale, a sum sufficient to meet the costs incurred in
connection with the sale or disposal, and in restoring the Site. Any balance of
Page 85 of 212
the proceeds shall be paid to the Contractor. If the proceeds of the sale are
insufficient to meet the Employer's costs, the outstanding balance shall be
recoverable from the Contractor by the Employer.
Security of the Site
Unless otherwise stated in Part II;
(a) the Contractor shall be responsible for keeping unauthorized persons
off the Site, and
(b) Authorized persons shall be limited to the employees of the Contractor,
employees of his subcontractors and persons authorized by the
Employer or the Employer's Representative.
The Contractor shall have total responsibility for the safety and security of all
Plant, Equipment and Materials delivered to the Site, including goods which
are stored, loose, semi-assembled and/ or erected, from the time of delivery
to the Site until the date of taking over by the Employer, as certified by the
Taking-Over Certificate issued by the Employer’s Representative. The
Contractor shall make suitable security arrangements to ensure the
protection of all Plant, Equipment and Materials from theft, fire, pilferage and
any other damages or loss. All Plant, Equipment and Materials provided by the
Contractor shall enter and leave the Site only with the written authorization
of the Employer’s Representative in the prescribed manner.
Contractor’s Operations on Site
The Contractor shall confine his operations to the Site, and to any additional
areas which may be provided by the Contractor and agreed by the Employer's
Representative as working areas. The Contractor shall take all necessary
precautions to keep his personnel and equipment within the Site and such
additional areas, and to keep and prohibit them from encroaching on adjacent
land.
Fossils
All fossils, coins, articles of value or antiquity, and structures and other
remains or things of geological or archaeological interest discovered on the
Site shall (as between the parties) be the property of the Employer. The
Contractor shall take reasonable precautions to prevent his staff, labor or
other persons from removing or damaging any such article or thing. The
Contractor shall, immediately upon discovery of such article or thing, advise
the Employer's Representative, who may issue instructions for dealing with it.
If the Contractor suffers delay and/or incurs Cost in following these
instructions of the Employer's Representative, and if such delay and/or Cost
was not (by the Base Date) foreseeable by an experienced contractor, the
Contractor shall give notice to the Employer's Representative, with a copy to
the Employer. After receipt of such notice, the Employer's Representative
shall proceed in accordance with Clause 3 to agree or determine:
Clause 8.3, and
(b) the amount of such Cost, which shall be added to the Contract Price,
and shall notify the Contractor accordingly.
Emergency Work
Page 86 of 212
If, by reason of emergency arising in connection with and during execution of

the Contract, any protective or remedial work is necessary as a matter of
urgency to prevent damage to the Facilities, the Contractor shall immediately
carry out such work. If the Contractor is unable or unwilling to do such work
immediately, the Employer may do or cause such work to be done as the
Employer may reasonably determine is necessary in order to prevent damage
to the Facilities. In such event, the Employer shall, as soon as practicable after
the occurrence of any such emergency, notify the Contractor in writing of such
emergency, the work done and the reasons therefore. If the work done or
caused to be done by the Employer is work that the Contractor was liable to
do at its own expense under the Contract, the reasonable costs incurred by the
Employer in connection therewith shall be paid by the Contractor to the
Employer. Otherwise, the cost of such remedial work shall be borne by the
Employer.
DESIGN
General Obligations
The Contractor shall carry out, and be responsible for, final design of the
Works, including any site surveys, subsoil investigations, materials testing,
and all other things necessary for proper planning and design. Design shall be
prepared by qualified designers who are engineers or other professionals
who are knowledgeable about the requirements of the IE Rules 1956 and
Electricity Rules 2005 and experienced in design of transmission and
distribution systems. For each part of the Works, the prior consent of the
Employer's Representative shall be obtained to the designer and design
Subcontractor, if they are not named as such in the Contract. Nothing
contained in the Contract shall create any contractual relationship or
professional obligations between any designer, or a design Subcontractor, and
the Employer.
The Contractor’s responsibility for design will normally be limited to those
activities which are necessary to comply with the requirements of Sub-Clause
5.2, Construction Documents. Final designs and construction documents will
be based on preliminary designs provided by the Employer, and will usually
include conducting the necessary surveys, site investigations, subsoil
investigations and detailed designs for the following works:
(i) Finalization of alignments for new and/ or relocated sub-
transmission lines;
(ii) Finalization of locations and layouts for DTCs;
(iii) Finalization of foundation designs and drawings for all
structures;
(iv) Finalization of construction drawings for road crossings,
railway crossings, river crossings, utility crossings, etc., as
applicable;
(v) Any other designs that may be reasonably required for
satisfactory completion of the Works;
(vi) Finalization of layout plans for new and/ or rehabilitated
substations;
Page 87 of 212
(vii) For re-conductoring works, assessment of the structural stability of

) existing
supporting structures against wind, seismic forces and additional
loads, and detailed design and construction drawings for any
necessary strengthening and rehabilitation works; and
(viii) Finalization of site grading, architectural, structural, electrical
and sanitary designs and drawings, etc., for new facilities, as
applicable.
The Contractor will not be required to re-design or submit drawings for
works that are already adequately covered by the Employer’s Standard
Drawings, nor will he be required to prepare new designs for Plant and
Equipment that is adequately covered by the Manufacturer’s Drawings. In
case the Employer’s Drawings contained in Volume II, Section 10 and 11, do
not cover all of the Works that are required under the Contract, then the
Contractor shall use the appropriate standard drawings issued by REC.
To the extent required, all designs shall be prepared using commercially
available design software. All construction drawings shall be prepared using
AutoCAD, at an appropriate scale which shall be agreed with the Employer’s
Representative. The number of copies of all designs and drawings to be
submitted shall be as stated in Sub-Clause 1.9.
The Contractor holds himself, his designers and design Subcontractors as
having the experience and capability necessary for the design. The Contractor
undertakes that the designers shall be available to attend discussions with the
Employer's Representative at all reasonable times during the Contract Period.
The Contractor will be fully responsible to ensure that its designs, drawings
and construction documents satisfy the requirements for constructing Works
that are complete and sufficient in all respects, and satisfy the objectives of
providing completed facilities that can be operated efficiently and
economically. No approval of, or failure to object to, the Contractor’s designs,
drawings or Construction Documents by the Employer’s Representative will
relieve the Contractor of its responsibility.
Construction Documents
The Contractor shall prepare Construction Documents in sufficient detail to
satisfy all regulatory approvals, to provide suppliers and construction
personnel sufficient instruction to execute the Works, and to describe the
operation of the completed Works. The Employer's Representative shall have
the right to review and inspect the preparation of Construction Documents,
wherever they are being prepared.
proposed “Submission and Anticipated Approval Program” of all necessary
Construction Documents for approval by the Employer’s Representative. Such
Program shall be developed in order to ensure availability of all construction
documents on site in a timely manner essential for systematic and
professional management of all construction works.
Each of the Construction Documents shall, when considered ready for use, be
submitted to the Employer's Representative for pre-construction review. In
this Sub-Clause, "review period" means the period required by the Employer's
Representative, which shall not exceed 21 days, calculated from the date on
Page 88 of 212
which the Employer's Representative receives a Construction Document and

the Contractor's notice that it is considered ready, both for a pre-construction
review in accordance with this Sub-Clause, and for use. If the Employer's
Representative, within such review period, notifies the Contractor that such
Construction Document fails (to the extent stated) to comply with the
Employer's Requirements, it shall be rectified, resubmitted and reviewed in
accordance with this Sub-Clause, at the Contractor's cost.
For each part of the Works, and except to the extent that the prior consent of
the Employer's Representative shall have been obtained:
(a) construction shall not commence prior to the expiry of the review periods
for the Construction Documents which are relevant to the design and
construction of such part;
(b) construction shall be in accordance with such Construction Documents;
and
(c) if the Contractor wishes to modify any design or document which has
previously been submitted for such pre-construction review, the
Contractor shall immediately notify the Employer's Representative, and
shall subsequently submit revised documents to the Employer's
Representative for pre-construction review.
If the Employer's Representative instructs that further Construction
Documents are necessary for carrying out the Works, the Contractor shall
upon receiving the Employer's Representative's instructions prepare such
Construction Documents.
Errors, omissions, ambiguities, inconsistencies, inadequacies and other
defects shall be rectified by the Contractor at his cost.
Contractor’s Undertaking
The Contractor undertakes that, if legally and physically possible, the design,
the Construction Documents, the execution and the completed Works will be
in accordance with the following, in order of priority:
(a) the law in India, and
(b) the documents forming the Contract, as altered or modified by
Variations.
Technical Standards and Regulations
The design, the Construction Documents, the execution and the completed
Works shall comply with India's national specifications, technical standards,
building, construction and environmental regulations, regulations applicable
to the product being produced from the Works, and the standards specified in
the Employer's Requirements/ Specifications, applicable to the Contractor's
Proposal and Schedules, or defined by law. References in the Contract to such
specifications and other matters shall be understood to be references to the
edition applicable on the Base Date, unless stated otherwise. If substantially
changed or new applicable national specifications, technical standards or
regulations come into force after the Base Date, the Contractor shall submit
proposals for compliance to the Employer's Representative. In the event that
the Employer's Representative determines that such proposals constitute a
variation, he shall then initiate a proposal if so desires.
Page 89 of 212
In respect of technical specifications and standards, any National or

International Standards which promise to confer equal or better quality than
the standards specified will also be acceptable, subject to approval by the
Employer’s representative. In case the Employer’s Standard Specifications
contained in Volume II, Section 9,10,11 do not cover all of the Plant and
Equipment that is required for the Works, then the Contractor shall use the
appropriate standard specifications issued by REC with approval from
Employer/Employer’s representative.
Samples
The Contractor shall submit the following samples and relevant information
to the Employer's Representative for pre-construction review in accordance
with the procedure for Construction Documents described in Sub-Clause 5.2:
(a) Manufacturer's standard samples of Materials,
(b) Samples (if any) specified in the Employer's Requirements, and
(c) Additional samples instructed by the Employer's Representative under
Clause 14.
Each sample shall be labeled as to origin and intended use in the Works.
As-Built Drawings
The Contractor shall prepare, and keep up-to-date, a complete set of ''as-built''
records of the execution of the Works, showing the exact “as-built" locations,
sizes and details of the work as executed, with cross references to relevant
specifications and data sheets. These records shall be kept on the Site and
shall be used exclusively for the purposes of this Sub-Clause. Two copies shall
be submitted to the Employer's Representative prior to the commencement of
the Tests on Completion.
In addition, the Contractor shall prepare and submit to the Employer's
Representative ''as-built drawings" of the Works, showing all Works as
executed. The drawings shall be prepared as the Works proceed, and shall be
submitted to the Employer's Representative for his inspection. The Contractor
shall obtain the consent of the Employer's Representative as to their size, the
referencing system, and other pertinent details.
Prior to the issue of any Taking-Over Certificate, the Contractor shall submit
to the Employer's Representative one microfiche copy, one soft (electronic)
copy, one full-size original copy and six printed copies of the relevant ''as-built
drawings", and any further Construction Documents specified in the Contract.
The Works shall not be considered to be completed for the purposes of taking-
over under Sub-Clause 10.1 until such documents have been submitted to the
Without limiting the generality of the foregoing, the as-built drawings and
other relevant documentation shall include:
(i) Site investigation data (surveys and subsoil investigation reports;
(ii) Manufacturers drawings for all Plant and Equipment supplied under the
Contract;
a. Line/ cable schedules
(iii) Relevant structural designs and drawings for buildings, towers, etc.
(deleted)
Page 90 of 212
(iv) Final alignment drawings for sub-transmission and distribution lines;

(v) Location plans for distribution transformers, indicating their rated
capacity and the manufacturer’s name;
(vi) All such other data related to the Works as finally constructed as the
Employer’s Representative shall reasonably require.
Operation and Maintenance Manuals
Prior to commencement of the Tests on Completion, the Contractor shall
prepare, and submit to the Employer's Representative, operation and
maintenance manuals in accordance with the Employer's Requirements and
in sufficient detail for the Employer to operate, maintain, dismantle,
reassemble, adjust and repair the Works. The Works shall not be considered
to be completed for the purposes of taking-over under Sub-Clause 10.1 until
such operation and maintenance manuals have been submitted to the
Error by Contractor
If errors are found in the Construction Documents, they and the Works shall
be corrected at the Contractor's cost.
Patent Rights
The Contractor shall indemnify the Employer against all claims of
infringement of any patent, registered design, copyright, trade mark or trade
name, or other intellectual property right, if:
(a) the claim or proceedings arise out of the design, construction,
manufacture or use of the Works;
(b) the infringement (or allegation of infringement) was not the result of
part (or all) of the Works being used for a purpose other than that
indicated by, or reasonably to be inferred from, the Contract;
(c) the infringement (or allegation of infringement) was not the result of
part (or all) of the Works being used in association or combination
with any thing not supplied by the Contractor, unless such association
or combination was disclosed to the Contractor prior to the Base Date
or is stated in the Contract; and
(d) The infringement (or allegation of infringement) was not the
unavoidable result of the Contractor's compliance with the Contract
Documents.
STAFF AND LABOR

Engagement of Staff and Labor
The Contractor shall make his own arrangements for the engagement of all
staff and labor, local or otherwise, and for their payment, housing, feeding and
transport.
Rates of Wages and Conditions of Labor
The Contractor shall pay rates of wages, and observe conditions of labor, not
less than those prescribed in the Minimum Wages Act and not less favorable
than those established for the trade or industry where the work is carried out.
If no such established rates or conditions are applicable, the Contractor shall
pay rates of wages and observe conditions not less favorable than the general
Page 91 of 212
level of wages and conditions observed by employers whose trade or industry

is similar to that of the Contractor.
Persons in the Service of Others
The Contractor shall not recruit, or attempt to recruit, his staff and labor from
amongst persons in the service of the Employer or the Employer's
Representative.
Labor Laws
The Contractor shall comply with all the relevant labor laws applying to his
employees, and shall duly pay and afford to them all their legal rights The
Contractor shall require all such employees to obey all applicable laws and
regulations concerning safety at work. Contractor shall deposit the labor cess
as per Building and Other Constructions workers, Welfare Cess Act 1996 to
State Government otherwise same shall be deducted from RA bill and shall be
deposited to Government Authority.
Facilities for Staff and Labor
Unless otherwise stated in Part II, the Contractor shall provide and maintain
all necessary accommodation and welfare facilities for his (and his
Subcontractor's) staff and labor. The Contractor shall also provide the
facilities specified in the Contract Documents, for the Employer's and
Employer's Representative's personnel. The Contractor shall not permit any
of his employees to maintain any temporary or permanent living quarters
within the structures forming part of the Works.
Health and Safety
Precautions shall be taken by the Contractor to ensure the health and safety of
his staff and labor. The Contractor shall provide, and shall ensure that any
sub-contractors provide, all required personal safety gear and materials
handling equipment, and ensure that all personnel engaged for the Works are
trained in and practice safe working procedures in accordance with industry
norms and the law. The Contractor shall, in collaboration with and to the
requirements of the local health authorities, ensure that medical staff, first aid
facilities, sick bay and ambulance service are available at the accommodation
and on the Site at all times, and that suitable arrangements are made for all
necessary welfare and hygiene requirements and for the prevention of
epidemics. The Contractor shall maintain records and make reports
concerning health, safety and welfare of persons, and damage to property, as
the Employer's Representative may reasonably require.
The Contractor shall appoint a member of his staff at the Site to be
responsible for maintaining the safety, and protection against accidents, of
personnel on the Site. This person shall be qualified for his work and shall
have the authority to issue instructions and take protective measures to
prevent accidents. The Contractor shall send, to the Employer's
Representative, details of any accident as soon as possible after its
occurrence.
Contractor’s Superintendence
The Contractor shall provide all necessary superintendence during the design
and execution of the Works, and as long thereafter as the Employer's
Representative may consider necessary for the proper fulfilling of the
Page 92 of 212
Contractor's obligations under the Contract. Such superintendence shall be

given by sufficient persons having adequate knowledge of the operations to
be carried out (including the methods and techniques required, the hazards
likely to be encountered and methods of preventing accidents) for the
satisfactory and safe execution of the Works.
proposed Deployment Program of all key personnel as well as workers for
superintendence of construction activities for approval by the Employer’s
Representative. Such Deployment Program shall be developed showing
details of qualifications and experience of key personnel and number of
skilled/semi-skilled/un-skilled workers to be deployed on a timeline
essential for proper superintendence and systematic and professional
management of all construction works. The Employer’s Representative shall
scrutinize, modify if required and approve such proposed Deployment
Program, in consultation with the Contractor, within 14 days of submission by
the Contractor. If the Employer’s Representative does not give its approval or
objection within the stated period, the Deployment Program shall be deemed
to be accepted. Nevertheless, any approval by the Employer’s Representative,
or failure to object to the proposed Deployment Program, will not relieve the
Contractor of any of its obligations or responsibility under the contract. A
reasonable proportion of the Contractor's Superintending staff shall have a
working knowledge of the English language, or the Contractor shall have
sufficient competent interpreters available on site during all working hours.
Contractor’s Personnel
a) The Contractor shall employ (or cause to be employed) only persons
who are careful and appropriately qualified, skilled and experienced in
their respective trades or occupations.
b) The personnel shall constitute the Engineers who are the degree
holders in Electrical Engineering having minimum five years
experience in the field.
c) Also for the supervision of the civil works at site, the person qualified
as a degree or diploma in Civil Engineering with relevant experience
shall be appointed whose name shall be enlisted in the proposed
personal.
d) The Employer's Representative may require the Contractor to remove
(or cause to be removed) any person employed on the Site or Works,
including the Contractor's Representative, who in the opinion of the
Employer's Representative:
(i) persists in any misconduct,
(ii) is incompetent or negligent in the performance of his duties,
(iii) fails to conform with any provisions of the Contract, or
(iv) persists in any conduct which is prejudicial to safety, health, or
the protection of the environment, If appropriate, the
Contractor shall then appoint (or cause to be appointed) a
suitable replacement person.
Disorderly Conduct
Page 93 of 212
The Contractor shall at all times take all reasonable precautions to prevent
any unlawful, riotous or disorderly conduct by or amongst his staff and labor,
and to preserve peace and protection of persons and property in the
neighborhood of the Works against such conduct.
Foreign Staff and Labor
The Contractor may import such staff and laborers as are required in order to
execute the Works. The Contractor must ensure that all such staff and labor
are provided with the required visas and work permits. The Contractor shall
be responsible for the return to the place where they were recruited or to
their domicile of all persons whom the Contractor recruited and employed for
the purpose of or in connection with the Contract. The Contractor shall be
responsible for such persons as are to be returned until they shall have left
the Site or, in the case of foreign nationals who have been recruited outside
India, shall have left it.
Measures Against Insect and Pest Nuisance

The Contractor shall at all times take the necessary precautions to protect all
staff and labor employed on the Site from insect and pest nuisance, and to
reduce the dangers to health and the general nuisance occasioned by the
same. The Contractor shall provide its staff and labor with suitable
prophylactics for the prevention of malaria and dengue fever, and take steps
to prevent the formation of stagnant pools of water. The Contractor shall
comply with all the regulations of the local health authorities and shall
arrange to spray thoroughly with approved insecticide all buildings erected
on the Site. Such treatment shall be carried out at least once a year or as
instructed by such authorities.
Epidemics
In the event of any outbreak of illness of an epidemic nature, the Contractor
shall comply with and carry out such regulations, orders and requirements as
may be made by the Government or the local medical or sanitary authorities,
for the purpose of dealing and overcoming the same.
Alcoholic Liquors or Drugs

The Contractor shall not, otherwise than in accordance with the statutes,
ordinances and government regulations or orders for the time being in force,
import, sell, give barter or otherwise dispose of any alcoholic liquor or drugs,
or permit or suffer any such importation, sale, gift, barter or disposal by his
Subcontractors, agents, staff or labor.
Arms and Ammunition
The Contractor shall not give, barter or otherwise dispose of to any person or
persons, any arms or ammunition of any kind or permit or suffer to the same
as aforesaid.
Festivals and Religious Customs
The Contractor shall in all dealings with his staff and labor have due regard to
all recognized festivals, days of rest and religious or other customs.
Page 94 of 212
PLANT, MATERIALS AND WORKMANSHIP

Manner of Execution
7.1.1 General: All Plant and Materials to be supplied shall be manufactured, and all
work to be done shall be executed, in the manner set out in the Contract.
Where the manner of manufacture and execution is not set out in the
Contract, the work shall be executed in a proper, workmanlike and careful
manner, with properly equipped facilities and non-hazardous Materials, and
in accordance with recognized good practice.
All Plant and Materials provided by the successful bidder shall conform in all
respects to the specifications of the tender documents, or better, and shall be
subject to the approval of the Employer’s Representative. The Contractor shall
guarantee that all Plant, Equipment and Materials will be new and free from
defects in materials and workmanship and suited for its normal operating
conditions. It is expected that the Bidder shall quote for supply of equipment
of best makes which conform to the highest national and international
standards. In its offer, the Bidder should only consider makes from reputed
manufacturers of equipment corresponding to the state-of-the-art technology
and to the latest international / Indian standards. All Plant and Equipment
supplied for sub-stations shall be designed so that the completed facilities will
be compatible with future SCADA operating systems, irrespective of whether
such requirement is specifically included in the Employer’s Specifications or
not.
7.1.2 Approved Vendors: Plant and Materials supplied from within India shall be
procured only from Vendors, fulfilling the criteria for approval of vendors as
provided in Section 8 of Vol. I Part B.
The successful Bidder shall reconfirm that whether the vendor /
manufacturer is the approved vendor at the time of placing material
procurement order from the employer’s representative.
Changes in the approved manufacturer / vendor by the successful bidder after
award of contract will be permitted subject to the condition that the proposed
manufacturer / vendor fulfils the criteria mentioned above.
7.1.3 Codes and Standards: Wherever references are made in the Contract
(including the Specifications and Drawings) to codes and standards in
accordance with which the Contract shall be executed, the edition of the
revised version of such codes and standards current at the date 28 days prior
to the date of bid submission shall apply unless otherwise specified. During
execution of the Contract, any changes in such codes and standards shall be
applied after approval by the Employer.
7.1.4: Manufacturer’s Test Certificates: The Contractor shall submit
manufacturer’s test certificates for all Plant and Equipment supplied under
the Contract to the Employer’s Representative prior to, or at the time of,
delivery of such Plant and Equipment to the Site. Approval of the
manufacturer’s test certificates by the Employer’s Representative will be a
pre-condition to acceptance of such Plant and Equipment.
Delivery to Site
The Contractor shall be responsible for procurement, insurance, transport,
receiving, unloading and safekeeping of all Plant, Equipment, Materials,
Page 95 of 212
Contractor's Equipment and all other things required for the completion of
the Works.
For those items of plant and Equipments that requires inspection at the
manufactures plant before delivery (pre-dispatch inspection), the contractor
shall be responsible to ensure that the goods are delivered to the site within
14 days of approval by the Engineer, as the case may be. In case the contractor
fails the deliver the goods to the site within this time, the said approval will
automatically lapse and the goods will require re-inspection and re-approval
before delivery is made. In such case, the contractor will bear all cost
associated with such re-inspection, and the employer will be entitled to
recover such costs from any amounts due or to become due to the contractor.
Inspection
7.3.1: General: The Employer, and Third Party Inspectors shall be entitled, during
manufacture, fabrication and preparation at any places where work is being
carried out, to inspect, examine and test the materials and workmanship, and
to check the progress of manufacture, of all Plant and Materials to be supplied
under the Contract. The Contractor shall give them full opportunity to inspect,
examine, measure and test any work at the factory, on Site, or wherever else
carried out.
The Contractor shall give due notice to the Employer whenever such work is
ready, before packaging, covering up or putting out of view. The Employer
and/or Third Party Inspector shall then either carry out the inspection,
examination, measurement or testing without unreasonable delay, or notify
the Contractor that it is considered unnecessary. If the Contractor fails to give
such notice, he shall, when required by the Employer, uncover such work and
thereafter reinstate and make good at his own cost.
proposed Procurement Program of all necessary Plant and Materials to be
incorporated in the Permanent Works, as well as the Contractor’s Equipment
necessary for construction, erection and installation, for approval by the
Employer. Such Procurement Program shall be developed on a normally
available commercial project management software showing detailed
planning for placing of orders, inspection by the representatives of the
Contractor, Employer or Third Party Agencies, as applicable, transportation
plans and delivery schedules for all Plant and Materials to be incorporated in
the Permanent Works essential for systematic and professional management
of all construction works. The Employer shall scrutinize, modify if required
and approve such proposed Procurement Program, in consultation with the
Contractor, within 14 days of submission by the Contractor. If the Employer
does not give its approval or objection within the stated period, the
Procurement Program shall be deemed to be accepted. Nevertheless, any
approval by the Employer, or failure to object to the proposed Procurement
Program, will not relieve the Contractor of any of its obligations or
responsibility under the contract.
7.3.2 Third Party Inspection: Without limiting the generality of the foregoing, the
Employer will engage, at his own cost, Third Party Inspectors or Third Party
Inspection Agencies to act as the Employer’s Representative for the purposes
Page 96 of 212
of quality assurance and quality control testing of the Plant, Equipment and
Materials to be supplied by the Contractor, and shall notify the Contractor
accordingly. The third party inspector or agency, as appropriate, will be
authorized to carry out inspections and acceptance tests on behalf of the
Employer at all important stages of the Works, including:
(i) Inspection at the Site and during execution of the project Works;
(ii) Inspection after erection and commissioning of the Plant, Equipment
and Materials.
Testing
If the Contract provides for tests, other than the Tests after Completion, the
Contractor shall provide all documents and other information necessary for
testing and such assistance, labor, materials, electricity, fuel, stores, apparatus
and instruments as are necessary to carry out such tests efficiently.
The Contractor shall agree, with the Employer's Representative, the time and
place for the testing of any Plant and other parts of the Works as specified in
the Contract. The Employer's Representative shall give the Contractor not less
than 24 hours' notice of his intention to attend the tests. The Contractor shall
provide sufficient suitably qualified and experienced staff to carry out the
tests specified in the Contract.
If the Employer's Representative does not attend at the time and place agreed,
or if the Contractor and the Employer's Representative agree that the
Employer's Representative shall not attend, the Contractor may proceed with
the tests, unless the Employer's Representative instructs the Contractor
otherwise. Such tests shall be deemed to have been made in the Employer's
Representative's presence.
The Contractor shall promptly forward to the Employer's Representative duly
certified reports of all test reports, including type test reports, third party
inspection reports, routine/ acceptance test reports, etc. If the Employer's
Representative has not attended the tests, he shall accept the readings as
accurate. When the specified tests have been passed, the Employer's
Representative shall endorse the Contractor's test certificate, or issue a
certificate to him, to that effect.
The above notwithstanding, neither the execution of a test and/ or inspection
of Plant and Equipment or any part of the Works and Facilities, or the
attendance by the Employer or Employer’s Representative for any tests, nor
the issue and acceptance of any test certificates and/ or inspection reports
shall not in any way relieve the Contractor of any of his responsibilities for
quality standards, performance guarantees, and other obligations under the
Contract.
Testing for Distribution Transformers:
i) 10% quantity of the Distribution Transformers will be tested at Contractor’s
site for Short Circuit Test. If this test fails, 100% quntity of Distribution
Transformers will be tested.
ii) 100% quantity of Distribution Transformers will be tested for losses test.
All these tests should be carried out by EE (Testing) of that Circle in presence
of Contractor’s representatives and O&M engineer,
Testing for Conductor:
Page 97 of 212
i) Sample from each conductor drum lot will be taken and tested for
resistance test and inspected for size of conductor by EE (Testing) of that
Circle in presence of Contractor’s representatives and O&M engineer
Rejection
If, as a result of inspection, examination or testing, the Employer's
Representative and/ or Third Party Inspector decides that any Plant,
Materials, design or workmanship is defective or otherwise not in accordance
with the Contract, the Employer's Representative or Third Party Inspector
may reject such Plant, Materials, design or workmanship and shall notify the
Contractor promptly, stating his reasons. The Contractor shall then promptly
make good the defect and ensure that the rejected item complies with the
Contract.
If the Employer's Representative or Third Party Inspector requires such Plant,
Materials, design or workmanship to be retested, the tests shall be repeated
under the same terms and conditions. If such rejection and retesting cause the
Employer to incur additional costs, such costs shall be recoverable from the
Contractor by the Employer, and may be deducted by the Employer from any
monies due, or to become due, to the Contractor.
The additional costs will be calculated based on the direct cost of any labor,
equipment, materials, superintendence and other services provided by the
Employer for carrying out such retesting, as certified by the Employer’s
Representative, plus an administration fee of 10% (ten percent) of the direct
costs to cover overheads and other indirect costs.
Ownership of Plant and Materials
Each item of Plant and Materials shall become the property of the Employer at
whichever is the earlier of the following times:
(a) when it is delivered to Site and accepted by the Employer’s
Representative;
(b) when by virtue of Sub-Clause 8.11, the Contractor becomes entitled to
payment of the value of the Plant and Materials.
(c) When the material leaves the manufacturer’s works, in case of divisible
contract.
The above notwithstanding, the Contractor shall remain liable for the safety
and security of all Plant, Equipment and Materials delivered to the Site from
the time of delivery until the date of taking over by the Employer, in
accordance with the conditions stated in Sub-Clause 4.23.
Failure to Remedy Defects or to Complete Part of Works
If the Contractor fails to remedy any defect in the Plant, Materials, design or
workmanship or if the Contractor fails to complete any Works or part of the
Works as deemed necessary by the Employer within a reasonable time after
being notified by the Employer’s Representative, the Employer or the
Employer's Representative may fix a date on or by which to remedy the defect
or damage or to execute part of the works to the satisfaction of the Employer’s
Representative, and give the Contractor reasonable notice of such date.
If the Contractor fails to remedy the defect or damage or to complete the
required Works by such date the Employer may (at his sole discretion):
Page 98 of 212
(a) carry out the work himself or by others, in a reasonable manner and at
the Contractor's risk and cost; the costs properly incurred by the
Employer in remedying the defect or damage or in executing part of
the works shall be recoverable from the Contractor by the Employer
and will be calculated based on the direct cost of any labor, equipment,
materials, superintendence and other services provided by the
Employer for carrying out such work, as certified by the Employer’s
Representative, plus an administration fee of 10% (ten percent) of the
direct costs to cover overheads and other indirect costs; or
(b) require the Employer's Representative to determine and certify a
reasonable reduction in the Contract Price; or
if the defect or damage is such that the Employer has been deprived of
substantially the whole of the benefit of the Works or parts of the Works,
terminate the Contract in respect of such parts of the Works as cannot be put
to the intended use; the Employer shall then be entitled to recover all sums
paid for such parts of the Works together with the cost of dismantling the
same, clearing the Site and returning Plant and Materials to the Contractor,
and the provisions of Clause 15 will apply.
COMMENCEMENT, DELAYS AND SUSPENSION

Commencement of Works - Commencement of Works is treated as DATE OF LOA
Time for Completion
Contractual period shall be 12 months from the date of LOA. The contractor
shall complete all works allotted to them in all respect & commission within
12 months form issue of LOA to the contractor.
8.2.1 Works: Time is of the Essence under the Contract and the Contractor will be
required to take all possible measures to ensure that the Works are executed
in conformity with the approved Construction Program developed in
accordance with the requirements of Sub-Clause 4.15, that the approved
Milestones are completed in accordance with the agreed schedule, and that
the whole of the Works are completed within the scheduled Time for
Completion. Any hindrances which are outside the control of the Contractor
and which may cause a delay in completing some components or parts of the
Works will not be construed as justification for delaying completion of, or not
executing, those components or parts which are not affected by such
hindrance. Time extensions, if any, will only be considered for those
components or parts of the Works or Sections which have been delayed for
reasons outside the control of the Contractor, as defined under Sub-Clause 8.3.
In case any hindrance occurs which is outside the control of the Contractor
that will cause a delay in completion of any of the key activities which are
defined as a Milestone, but will not cause a delay in the Time for Completion
of the whole of the Works, then the Employer will only consider a time
extension for the affected activity, and not for the whole of the Works.
The whole of the Works and each Section (if any) shall be completed and shall
have passed the Tests on Completion, trial run and commissioning within the
Time for Completion of the Works as specified in the Appendix to Tender. The
Taking-Over Certificate will be issued upon successful completion of the Tests
Page 99 of 212
on Completion and commissioning, including rectification of any defects

observed during this period, in accordance with the provisions of Sub-Clause
10.1.
8.2.2 Guarantee: The Contractor shall guarantee that the facilities are free from
defects in workmanship, materials and manufacturer’s defects for the period
as specified in the Appendix to tender after completion of the Works, or
Sections where applicable, as certified by the Taking-Over Certificate issued
by the Employer’s Representative.
Extension of Time for Completion
The Contractor may apply for an extension of the Time for Completion of the
Works, or any part/ Section of the Works, if he is or will be delayed either
before or after the Time for Completion by any of the following causes:
i. A Variation in the scope of the works if executed above 10% or
original scope of work including changes made subsequently.
ii. a force majeure event (as defined in Sub-Clause 19.1),
iii. a cause of delay giving an entitlement to extension of time under a Sub-
Clause of these Conditions, unless the Contractor has not complied
with such Sub-Clause,
iv. physical conditions or circumstances on the Site which are
exceptionally adverse and were not (by the Base Date) foreseeable by
an experienced contractor, or
v. Any delay, impediment or prevention by the Employer.
a) If the Contractor intends to apply for an extension of the Time for
Completion, the Contractor shall give notice to the Employer's
Representative of such intention as soon as possible and in any event
within 28 days of the start of the event giving rise to the delay, together
with any other notice required by the Contract and relevant to such
cause. The Contractor shall keep such contemporary records as may be
necessary to substantiate any application, either on the Site or at
another location acceptable to the Employer's Representative, and
such other records as may reasonably be requested by the Employer's
Representative. The Contractor shall permit the Employer's
Representative to inspect all such records, and shall provide the
Employer's Representative with copies as required.
b) Within 28 days of the first day of such delay (or such other period as
may be agreed by the Employer's Representative), the Contractor shall
submit full supporting details of his application. Except that, if the
Contractor cannot submit all relevant details within such period
because the cause of delay continued for a period exceeding 7 days, the
Contractor shall submit interim details at intervals of not more than 28
days (from the first day of such delay) and full and final supporting
details of his application within 21 days of the last day of delay.
c) The Employer's Representative shall proceed in accordance with
clause 3 to agree or determine either prospectively or retrospectively
such extension of the Time for Completion as may be due. The
Employer's Representative shall notify the Contractor accordingly.
When determining each extension of time, the Employer's
Page 100 of 212

Representative shall review his previous determinations and may

revise, but shall not decrease, the total extension of time.
Delays Caused by Authorities
If the following conditions apply, namely:
(a) the Contractor has diligently followed the procedures laid down by the
relevant legally constituted public authorities in India,
(b) such authorities delay, impede or prevent the Contractor, and
(c) the resulting delay to the Works was not (by the Base Date)
foreseeable by an experienced contractor,
then such delay will be considered as a cause of delay giving an entitlement to
extension of time under Sub-Clause 8.3.
Rate of Progress
a) If, at any time, the Contractor's actual progress falls behind the
program referred to in Sub-Clause 4.15, or it becomes apparent that it
will so fall behind, the Contractor shall submit to the Employer's
Representative a revised program taking into account the prevailing
circumstances. The Contractor shall, at the same time, notify the
Employer's Representative of the steps being taken to expedite
progress, so as to achieve completion within the Time for Completion.
Any approval of, or non-objection to, the revised construction program
by the Employer’s Representative shall not be considered as a cause
for extension of the Time for Completion under Sub-Clause 8.3.
b) In the event that the Contractor fails to achieve the agreed monthly
milestones for three consecutive months, then the Employer will be
entitled to terminate the contract in accordance with the provisions of
Sub-Clause 15.2.
c) If any steps taken by the Contractor in meeting his obligations under
this Sub-Clause cause the Employer to incur additional costs, such
costs shall be recoverable from the Contractor by the Employer, and
may be deducted by the Employer from any monies due, or to become
due, to the Contractor. The additional costs will be calculated based on
the direct cost of any labor, equipment, materials, superintendence and
other services provided by the Employer to assist the Contractor in
meeting his obligations, as certified by the Employer’s Representative,
plus an administration fee of 10% (ten percent) of the direct costs to
cover overheads and other indirect costs.
Liquidated Damages for Delay
a) If the Contractor fails to comply with Sub-Clause 8.2, the Contractor
shall pay to the Employer Liquidated damages for delay to be
calculated at a rate of 0.5% (Half percent) of the value of the works
(activity wise) delayed excluding Taxes (if any) for every week or part
of the week which shall elapsed between the stipulated time for
completion of the works and date stated in taking over of the
certificate of the works.
b) The Liquidated Damages for the delay applicable to individual activity
shall not be attributed to the contractor subject to the condition
Page 101 of 212

specified in the clause 19 “ Force Majeure” and the mutually agreed

genuine causes brought on the records thereof by the contractor.
c) Further L.D for Works not executed due to the reasons attributed to
the contractor, Maximum 10% on value of unexecuted work shall be
livid in addition to RISK AND COST.
Interim Penalty: (Not applicable)
Limit for Liquidated Damages for Delay:

The limit for liquidated Damages, for delay shall be 10% (ten percent) of the
delayed (i.e After Contractual period) and Non executed work excluding QV,
VAT, Service Tax and Provisional sum (if any).
Suspension of Work:
The Employer's Representative may at any time instruct the Contractor to
suspend progress of part or all of the Works. During suspension, the
Contractor shall protect, store and secure such part or the Works against any
deterioration, loss or damage.
Consequences of Suspension:
If the Contractor suffers delay and/or incurs Cost in following the Employer's
Representative's instructions under Sub-Clause 8.9, and in resumption of the
work, and if such delay and/or Cost was not (by the Base Date) foreseeable by
an experienced contractor, the Contractor shall give notice to the Employer's
Representative, with a copy to the Employer. After receipt of such notice the
Employer's Representative shall proceed in accordance with Clause 3 to agree
or determine:
Clause 8.3, and
(b) During suspension period, If contractor requires to incurs extra cost
over the contract value ,Contractor shall give detail to the employer
before incurring the expenditure and only after approval of the same,
the extra cost will be added in contract value.
Except that the Contractor shall not be entitled to such extension and
payment of Cost if the suspension is due to a cause attributable to the
Contractor, or is necessitated by a Contractor's risk as defined in Sub-Clause
17.5.
The Contractor shall not be entitled to extension of time for, or payment of the
costs incurred in, making good any deterioration, defect or loss caused by
faulty design, workmanship or materials, or by the Contractor's failure to take
the measures specified in Sub-Clause 8.7.
Payment for Plant and Materials in Event of Suspension
The Contractor shall be entitled to payment for Plant and/or Materials which
have not been delivered to Site, if the work on Plant or delivery of Plant
and/or Materials has been suspended for more than 28 days. This entitlement
shall be to payment of the value of such Plant and/or Materials as at the date
of suspension, if:
Page 102 of 212

(a) the Contractor has marked the Plant and/or Materials as the
Employer's property in accordance with the Employer's
Representative's instructions, and
(b) the suspension is not due to a cause attributable to the Contractor.
The Employer shall then, if requested by the Contractor, take over the
responsibility for protection, storage, security and insurance of such
suspended Plant and/or Materials; the risk of loss or damage to the
suspended works shall then pass to the Employer.
Prolonged Suspension
If suspension under Sub-Clause 8.9 has continued for more than 84 days, and
the suspension is not due to a cause attributable to the Contractor, the
Contractor may by notice to the Employer's Representative require
permission to proceed within 28 days. If permission is not granted within that
time, the Contractor may treat the suspension as an omission under Clause 14
of the affected part of the Works. If such suspension affects the whole of the
Works, the Contractor may terminate his employment,
Resumption of Work
After receipt of permission or of an instruction to proceed, the Contractor
shall, after notice to the Employer's Representative, and together with the
Employer's Representative, examine the Works and the Plant and Materials
affected by the suspension. The Contractor shall make good any deterioration
or defect in or loss of the Works or Plant or Materials, which has occurred
during the suspension.
If the Employer has taken over risk and responsibility for the suspended
Works under Sub-Clause 8.11, risk and responsibility shall revert to the
Contractor 14 days after receipt of the permission or instruction to proceed.
TESTS ON COMPLETION
Contractor’s Obligations
9.1.1 General: The Contractor shall carry out the Tests on Completion in
accordance with this Clause and Sub-Clause 7.4, after providing the
documents in accordance with Sub-Clauses 5.6 and 5.7 and supply of any
necessary labor, material, electricity, fuel, water, tools and plant (TandP) as
may be required. The Contractor shall give, to the Employer's Representative,
21 days' notice of the date after which the Contractor will be ready to carry
out the Tests on Completion. Unless otherwise agreed, such Tests shall be
carried out within 14 days after this date, on such day or days as the
Employer's Representative shall instruct.
In considering the results of the Tests on Completion, the Employer's
Representative shall make allowances for the effect of any use of the Works by
the Employer on the performance or other characteristics of the Works. As
soon as the Works, or a Section, have passed the Tests on Completion, the
Contractor shall provide the Employer's Representative and the Employer
with a certified report of the results of all such Tests.
9.1.2 Tests on Completion: As soon as the Facilities or any Section thereof has, in
the opinion of the Contractor, been completed operationally and structurally
and put in a tight and clean condition as specified in the Contract, excluding
Page 103 of 212

minor item not materially affecting the operation or safety of the Facilities, the
Contractor shall notify the Employer’s Representative in writing of the date
after which the Contractor will be ready to carry out the Tests on Completion.
As soon as reasonably practicable after issue of the notification, and in
accordance with the schedule agreed by the Employer’s Representative, the
Contractor shall commence Pre-commissioning of the facilities in the presence
of the Employer’s Representative and, if required by the Employer, Third
Party Inspectors, comprised of test charging and switch off of the allied
Facilities. As soon as possible after Pre-commissioning, the Contractor shall
complete all outstanding minor items so that the Facilities are fully in
accordance with the Contract, failing which the Employer will undertake such
completion and deduct any costs thereof from any monies owing to the
Contractor.
Upon rectification of any observed defects and successful completion of the
Pre-commissioning Tests, the Employer’s Representative will issue a Taking-
Over Certificate certifying successful completion of the Facilities or such
Section. Upon completion, the Employer shall take over responsibility for the
care and custody of the Facilities or any relevant part thereof, together with
the risk of loss or damage thereto.
Delayed Tests
If the Tests on Completion are being unduly delayed by the Contractor, the
Employer's Representative may by notice require the Contractor to carry out
such Tests within 21 days after the receipt of such notice. The Contractor shall
carry out such Tests on such day or days within that period as the Contractor
may fix and of which he shall give notice to the Employer's Representative.
If the Contractor fails to carry out the Tests on Completion within 21 days, the
Employer's Representative may himself proceed with such Tests. All such
Tests so carried out by the Employer's Representative shall be at the risk and
cost of the Contractor. These Tests on Completion shall then be deemed to
have been carried out in the presence of the Contractor and the results of such
Tests shall be accepted as accurate.
Retesting
If the Works, or a Section, fail to pass the Tests on Completion, Sub-Clause 7.5
shall
apply, and the Employer's Representative or the Contractor may require such
failed
Tests, and the Tests on Completion on any related work, to be repeated under
the same terms and conditions.
Failure to Pass Tests on Completion
If the Works, or a Section, fail to pass the Tests on Completion repeated under
Sub-Clause 9.3, the Employer's Representative shall be entitled to:
(a) order further repetition of Tests on Completion under Sub-Clause 9.3;
(b) reject the Works or Section (as the case may be), in which event the
Employer shall have the same remedies against the Contractor as are
provided under Clause 15; or
(c) issue a Taking-Over Certificate, if the Employer so requires: the
Contract Price shall then be reduced by such amount as may be agreed
Page 104 of 212

by the Employer and the Contractor (in full satisfaction of such failure
only), and the Contractor shall then proceed in accordance with his
other obligations under the Contract.
EMPLOYER’S TAKING OVER

Taking-Over Certificate
Except as stated in Sub-Clause 9.4, the Works shall be taken over by the
Employer when they have been completed in accordance with the Contract,
have passed the Tests on Completion, and a Taking-Over Certificate for the
Works has been issued by the Employer’s Representative or has deemed to
have been issued in accordance with this Sub-Clause. Where the Works are
divided into parts or Sections, the Contractor shall be entitled to apply for a
Taking-Over Certificate for each such part or Section.
The Contractor may apply by notice to the Employer's Representative for a
Taking-Over Certificate not earlier than 14 days before the Works or Section
(as the case may be) will, in the Contractor's opinion, be complete and ready
for taking over. The Employer's Representative shall, within 28 days after the
receipt of the Contractor's application:
(a) issue the Taking-Over Certificate to the Contractor, stating the date on
which the Works or Section, were completed in accordance with the
Contract (except for minor outstanding work that does not affect the
use of the Works or Section for their intended purpose) including
passing the Tests on Completion; or
(b) reject the application, giving his reasons and specifying the work
required to be done by the Contractor to enable the Taking-Over
Certificate to be issued: the Contractor shall then complete such work
before issuing a further notice under this Sub-Clause.
If the Employer's Representative fails either to issue the Taking-Over
Certificate or to reject the Contractor's application within the period of 28
days, and if the Works or Section (as the case may be) are substantially in
accordance with the Contract, the Taking-Over Certificate shall be deemed to
have been issued on the last day of that period.
Use by Employer
The Employer shall not use any part of the Works unless the Employer's
Representative has issued a Taking-Over Certificate for such part. If the
Employer does use any part of the Works before the Taking-Over Certificate is
issued:
(a) the part which is used shall be deemed to have been taken over at the
date on which it is used,
(b) the Employer's Representative shall, when requested by the
Contractor, issue a Taking-Over Certificate accordingly, and
(c) the Contractor shall cease to be liable for the care of such part from
such date, when responsibility shall pass to the Employer.
After the Employer's Representative has issued a Taking-Over Certificate for a
part of the Works, the Contactor shall be given the earliest opportunity to take
such steps as may be necessary to carry out any outstanding Tests on
Page 105 of 212

Completion, and the Contractor shall carry out such Tests on Completion as
soon as practicable, before the expiry of the Contact Period.
TESTS AFTER COMPLETION

Employer’s Obligations
11.1.1 General: Unless otherwise stated herein, the Contractor shall provide the
necessary labor, materials, electricity, fuel and water to enable the Employer
to carry out the Tests after Completion in accordance with the manuals
provided by the Contractor under Sub-Clause 5.7 and such guidance as the
Contractor may be required to give during the course of such Tests.
The Tests after Completion shall be carried out as soon as is reasonably
practicable after the Works, or Section, have been taken over by the Employer.
The Employer shall give to the Contractor 21 days' notice of the date after
which the Tests after Completion will be carried out. Unless otherwise agreed,
such Tests shall be carried out within 14 days after this date, on the day or
days determined by the Employer. If the Contractor does not attend at the
time and place agreed, the Employer may proceed with the Tests after
Completion, which shall be deemed to have been made in the Contractor's
presence, and the Contractor shall accept the readings as accurate.
The results of the Tests after Completion shall be compiled and evaluated by
the Employer and the Contractor. Any effect on the results of the Tests after
Completion which can reasonably be shown to be due to the prior use of the
Works by the Employer shall be taken into account in assessing such results.
11.1.2 Tests after Completion: As soon as all works in respect of Pre-
commissioning are completed and, in the opinion of the Contractor, the
Facilities or any Section thereof are ready for Commissioning, the Contractor
shall so notify the Employer in writing. The Employer shall, as soon as
reasonably possible within the time limits set forth above, proceed with
conducting the Guarantee Tests and energizing the allied Facilities. The
Guarantee Test (and repeats thereof) shall be conducted by the Contractor, at
his own cost, during Commissioning of the Facilities or the relevant Section
thereof to ascertain whether the Facilities or the relevant part can attain the
Functional Guarantees specified in the Contract. The Employer shall promptly
provide the Contractor with such information as the Contractor shall
reasonably require in relation to the conduct and results of the Guarantee
Tests, and the Guarantee Tests shall be witnessed by the Employer’s
Representative and, if required by the Employer, Third Party Inspectors. Upon
successful completion of the Guarantee Tests, rectification of any observed
Defects and completion of minor items as described in Sub-clause 9.1.2, the
Employer shall issue the Performance Certificate certifying Operational
Acceptance of the relevant Facilities in accordance with Sub-Clause 11.5.
Delayed Tests
If the Contractor incurs additional Cost as a result of any unreasonable delay
by the Employer in carrying out the Tests after Completion, such Cost plus
reasonable profit shall be determined by the Employer's Representative in
accordance with the provisions of Clause 3 and shall be added to the Contract
Price.
Page 106 of 212

If, for reasons not attributable to the Contractor, a Test after Completion on
the Works or any Section cannot be completed within 60 days after receipt of
notification from the Contractor under Sub-clause 11.1.2 that the Works are
ready for Commissioning (or any other period agreed upon by the Employer
and the Contractor), then the Works or such Section shall be deemed to have
passed such Test after Completion.
Retesting
If the Works, or a Section, fail to pass the Tests after Completion, the
Employer or the Contractor may require such failed Tests and the Tests after
Completion on any related work, to be repeated under the same terms and
conditions. If such failure and retesting result from a default of the Contractor
and cause the Employer to incur additional cost, such cost shall be
recoverable from the Contractor by the Employer, and may be deducted by
the Employer from any monies due, or to become due, to the Contractor.
Failure to Pass Tests after Completion
If the following conditions apply, namely:
(a) the Works, or a Section, fail to pass any or all of the Tests after Completion,
(b) the relevant sum payable as liquidated damages for such failure is stated
(or its method of calculation is defined) in the Appendix to Tender, and
(c) the Contractor pays such relevant sum to the Employer during the
Contract Period,
then the Works or such Section shall be deemed to have passed such Tests
after Completion.
If the Works, or a Section, fail to pass a Test after Completion and the
Contractor in consequence proposes to make any adjustment or modification
thereto, the Employer's Representative may instruct the Contractor that the
Employer does not wish such adjustment or modification to be made until a
time that is convenient to the Employer. In such event, the Contractor shall
remain liable to carry out the adjustment or modification, and to satisfy such
Test within a reasonable time of being notified to do so by the Employer's
Representative. If, however, the Employer's Representative fails to give any
such notice during the Contract Period, the Contractor shall be relieved of any
such obligation and the Works or Section (as the case may be) shall be
deemed to have passed such Test after Completion.
If the Contractor incurs additional Cost as a result of any unreasonable delay
by the Employer in permitting access to the Works or Plant by the Contractor,
either to investigate the causes of failure to pass a Test after Completion, or to
carry out any adjustments or modifications, then the Contractor shall be paid
the additional Cost, plus reasonable profit, caused by such delay.
Performance Certificate
Upon successful completion of the Contractor’s obligations under the
Contract, including successfully passing of the required Tests After
Completion in accordance with the provisions of Sub-Clause 11.1 and
correction of all defects in accordance with Sub-Clause 12.9, the Employer will
issue a Performance Certificate which certifies that the Works, or a Section
which is defined as such in the approved Construction Program, have been
Page 107 of 212

successfully completed, commissioned and found suitable for permanent

energizing.
DEFECTS LIABILITY
Completion of Outstanding Work and Remedying Defects
For the purposes of this Clause 12, reference to any Works required to be
undertaken by the Contractor during the Defects Liability Period shall be
deemed to be synonymous with the Works required to be undertaken during
the Guarantee Period as stated in the Appendix to Tender and as defined in
Sub-Clause 12.11. The Contractor shall guarantee that the Plant, Equipment
and Materials supplied under the Contract will be free from defects in
materials, workmanship and manufacturer’s defects. The Contractor shall
ensure satisfactory performance during the entire Guarantee Period, and shall
repair or replace any Plant or Equipment which is determined to be defective
for the reasons and in accordance with the terms set out in Sub-Clause 12.2.
For the purposes of this Sub-Clause, the Contractor’s liability shall be limited
to the repair or replacement of any defective part in the Plant, Equipment or
Materials provided under the Contract arising from faulty design, materials,
workmanship and/ or manufacturer’s defects. All costs for the repair/
replacement of defective parts such as dismantling, re-erection, supply,
transportation, etc., shall be to the account of the Contractor.
In order that the Construction Documents and the Works shall be in the
condition required by the Contract (fair wear and tear expected) at, or as soon
as practicable after, the expiry of the Contract Period, the Contractor shall :
(a) complete any work which is outstanding on the date stated in a Taking-
Over Certificate, as soon as practicable after such date, and
(b) Execute all work of amendment, reconstruction, and remedying defects
or damage, as may be instructed by the Employer or the Employer's
Representative during the Contract Period.
If any such defect appears or damage occurs, the Employer or the Employer's
Representative shall promptly notify the Contractor in writing. Every time a
notice of Defect is given, and Defects Correction Period for the notified Defect
begins, the Contractor will be required to correct the notified Defect within
the time prescribed under Sub-Para 1.1.3.10 (14 days). The Contractor shall
promptly correct any Defects that he notices himself.
Cost of Remedying Defects
All work referred to in Sub-Clause 12.1 (b) shall be executed by the Contractor
at his own cost, if the necessity for such work is due to:
(a) the design of the Works,
(b) Plant, Materials or workmanship not being in accordance with the
Contract, or
(c) Failure by the Contractor to comply with any of his other obligations.
If such necessity is due to any other cause, the Employer's Representative
shall notify the Contractor accordingly and seek agreement to an adjustment
to the Contract Price. In this event, Sub-Clause 14.3 shall apply to such work.
Extension of Contract Period (Not applicable)
Page 108 of 212

12.4 Failure to Remedy Defects

If the Contractor fails to remedy any defect or damage within a reasonable
time, the Employer or the Employer's Representative may fix a date on or by
which to remedy the defect or damage, and give the Contractor reasonable
notice of such date.
If the Contractor fails to remedy the defect or damage by such date and the
necessity for such work is due to a cause stated in Sub-Clause 12.2(a), (b), or
(c), the Employer may (at his sole discretion):
(a) carry out the work himself or by others, in a reasonable manner and at
the Contractor's risk and cost, the costs properly incurred by the
Employer in remedying the defect or damage shall be recoverable from
the Contractor by the Employer;
(b) require the Employer's Representative to determine and certify a
reasonable reduction in the Contract Price; or
(c) if the defect or damage is such that the Employer has been deprived of
substantially the whole of the benefit of the Works or parts of the
Works, terminate the Contract in respect of such parts of the Works as
cannot be put to the intended use: the Employer shall then be entitled
to recover all sums paid for such parts of the Works together with the
cost of dismantling the same, clearing the Site and returning Plant and
Materials to the Contractor, and Sub-Clause 15.1 shall not apply.
12.5 Removal of Defective Work
If the defect or damage is such that it cannot be remedied expeditiously on the
Site, the Contractor may, with the consent of the Employer's Representative
or the Employer, remove from the Site for the purposes of repair any part of
the Works which is defective or damaged.
In such event, the Contractor shall provide, at its own cost, any replacement
Plant, Equipment or Materials so that the whole of the facilities constructed
under the Contract can continue to be operated at its rated capacity without
interruption in service.
12.6 Further Tests
If the remedying of any defect or damage is such that it may affect the
performance of the Works, the Employer may require that tests on
Completion or Tests after Completion, or both, be repeated to the extent
necessary. The requirement shall be made by notice within 28 days after the
defect or damage is remedied. Such Tests shall be carried out in accordance
with Clause 9 or Clause 11 (as the case may be).
12.7 Right of Access
Until the Performance Certificate has been issued, the Contractor shall have
the right of access to all parts of the Works and to records of the working and
performance of Works, except as may be inconsistent with any reasonable
security restrictions by the organization responsible for operating the Works.
12.8 Contractor to Search
The Contractor shall, if required by the Employer's Representative, search for
the cause of any defect, under the direction of the Employer's Representative.
Page 109 of 212

Unless the defect is one for which the Contractor is liable, the Cost of such
search, shall be added to the Contract Price.
12.9 Final Contract Completion Certificate
On completion of the guarantee services of the Contractor, as certified by the
Employer’s Representative, the Contractor ensure that all Facilities
constructed under the Contract are in good operating condition (fair wear and
tear excepted), that any necessary repairs to the civil, mechanical or electrical
installations have been properly carried out, and that any and all defects or
damages arising from the design, workmanship, materials or manufacturer’s
defects have been remedied, as per Sub-Clause 12.11. Upon successful
completion of the Contractor’s obligations, the Employer shall issue a Final
Contract Completion Certificate accordingly.
The Contract shall not be considered to be completed until the Contract
Completion Certificate has been signed by the Employer's Representative and
delivered to the Contractor, stating the date on which the Contractor
completed his obligations to the Employer's Representative's satisfaction.
The Contract Completion Certificate shall be given by the Employer's
Representative by the date 28 days after the expiry of the Contract Period, or
as soon after such date as the Contractor has provided all the Construction
documents and completed and tested all the Works, including remedying any
defects.
Only the Contract Completion Certificate shall be deemed to constitute
approval of the Works.
12.10 Unfulfilled Obligations
After the Contract Completion Certificate has been issued, the Contractor and
the Employer shall remain liable for the fulfillment of any obligation which
remains unperformed at that time. For the purposes of determining the
nature and extent of any such obligation, the Contract shall be deemed to
remain in force.
12.11 Guarantee Services
Following completion of the Works and issue of the Taking-Over Certificate in
accordance with the provisions of Sub-Clause 10.1, the Contractor will be
responsible for providing the Guarantee Services as defined in Sub-Para
1.1.6.12 for the period of time as specified in the Appendix to Tender (the
Guarantee Period). During this period, the Contractor will be responsible to
guarantee the completed Works against any defects in design, materials,
workmanship and manufacturer’s defects of the Plant and facilities under
normal operating conditions, and to remedy any defects therein at his own
cost so as to ensure that the facilities are kept in good and proper operating
condition.
Also each of the following major equipments shall be guaranteed by the
Contractor against design, manufacturing and workmanship for an additional
period of time as specified in the Appendix to tender (the guarantee period)
from the date of commissioning of an individual equipment:
1. Power Transformer (Not applicable)

2. Distribution Transformer
Page 110 of 212

3. Swichgear and Controlgear (Not applicable)

4. Metering equipments i.e. C.T., P.T., Meter and Control cables (Not
applicable)
5. HT/LT Cables
During the Guarantee Period, the Employer, Employer’s Representative and
Contractor will conduct Quarterly joint inspections of the completed Works to
determine if: (i) any defects in the design, materials, workmanship or
manufacturer’s defects have occurred; (ii) the facilities are being operated
within their design and/or rated capacities; and (iii) the Employer is properly
maintaining the completed facilities in accordance with the Manufacturer’s
recommendations and prescribed maintenance procedures. In the event that
any defects in the design, materials, workmanship or manufacturer’s defects
are noted, then the Contractor shall be responsible to correct such defects in
accordance with the applicable provisions of Clause 12.
In the event that it is found that the installed Plant and Equipment are being
subjected to operating conditions that are outside their rated capacities (i.e.,
being subjected to sustained overloading or power surges that are outside
normal tolerances), or that the Employer is not maintaining the Plant,
Equipment and related facilities in accordance with the Manufacturers
recommendations and/ or prescribed maintenance procedures, then the
Employer will be responsible to take remedial actions to correct the
problems. If the Employer fails to take necessary corrective measures within
3 months of the joint inspection, and the same problems are observed during
the subsequent Quarterly inspection, then the Contractor will not be held
responsible for any subsequent failure of any item of the Plant and Equipment
which is attributable to abnormal operating conditions or inadequate
maintenance.
In the event that any critical component of the Plant or Equipment is found to
be defective for the reasons set out in the first paragraph of Sub-Clause 12.2,
and as a consequence of such defect the Employer is unable to operate the
system at its rated capacity or provide uninterrupted service to its customers,
then the Contractor will be required to supply and install a suitable
replacement for the affected item or items at his own cost within 12 hours of
notification of the defect, and to maintain such item until satisfactory repairs
have been completed on the defective item and the facilities have been
reinstated to their original condition.
Upon successful completion of the Contractor’s obligations during the Guarantee
Period and remedying of any defects, the Employer will issue a Contract
Completion Certificate in accordance with the provisions of Sub-Clause 12.9.The
Contract shall not be considered to be completed until the Contract Completion
Certificate has been signed by the Employer’s Representative and delivered to
the Contractor, stating the date upon which the Contractor has completed his
guarantee obligations to the Employer’s Representative’s satisfaction.
The Contract Completion Certificate shall be given by the Employer’s
Representative by the date 28 days after expiry of the Guarantee Period, or as
soon after such date as the Contractor has completed his obligations. Only the
Contract Completion Certificate shall be deemed to constitute final certification
Page 111 of 212

that the Contractor has satisfactorily fulfilled all of his obligations under the
Contract.
SUPPLY, erection & COMMISINING Work orders AND PAYMENT

The Contract Price :
Separate orders shall be placed for the
a. Materials purchase,
b. Erection Testing and Commissioning of activities
(a) Supply order for material purchase
i. Supply of Plant and equipment, whether manufactured or fabricated
outside or within India, including supply of all electro-mechanical,
electrical and instrumentation equipment according to the payment
units as set out in the Schedule of Prices and/or as proposed by the
Contractor and approved by the Employer’s Representative; and
ii. Concessional GST which is payable by the Employer on the above
described supply will be paid separately, also Form C shall be issued
against value of interstate material purchase
iii Deleted.
iv The Contractor shall pay all the duties and taxes in consequence of his
obligations under the Contract, and the Contract Price shall not be
adjusted for such costs, except as stated in Sub-Clauses 13.14 (Changes in
Legislation)
v Any quantities which may be set out in the Schedule of Prices / Activity
Schedule are only estimated quantities and are not to be taken as the
actual and correct quantities of the Works to be executed by the
Contractor in fulfilment of his obligations under the Contract. Whenever
the quantity of material is increased or decreased accordingly the value
of the activity shall be changed and balance material/unutilized
material shall be returned to the contractor at his risk and cost.
b. Work order for Erection Testing and Commissioning of activities:
i Transport to site, Installation, erection, commissioning and
guarantee of the Plant and equipment, including insurance for delivery
from the point of supply up to the Site, storage and safekeeping, design,
erection, installation, testing, commissioning, as-built drawings,
operating manuals, guarantee during the Guarantee (Defects Liability)
Period after completion and acceptance of the Works, and all other
things required under the Contract for the different components
according to the payment units as set out in the Schedule of Prices
and/or as proposed by the Contractor and approved by the Employer’s
Representative.
ii Service Tax which is payable by the Employer on the above
described services will be paid separately as is specified .
iii The value of Erection, Testing & Commissioning shall be vary as
per the utilisation of the material as mentioned in the supply order
except safety equipment.
Payment procedure
Page 112 of 212

a) After receipt of material, contractor shall raise the separate invoice for material
purchase within Maharashtra and separate invoice for interstate material
(Format of invoice enclosed in section 6,”Sample forms” of Volume-I part-B)
b) No payment shall be released against supply of material till erection and
commission of the materials.
Activity % Description
Payments
Supply, after delivery, storage, a) Progressive payments against cost of material
erection/ installation and 90% commensurate with the progress achieved for
successful completion and supply, after delivery, storage, erection/ installation
commisssioning of the and successful completion & commisssioning of the
complete works against complete works and feeding of online NSC through
material utilized for works ERP as per actual utilized quantity at site and
(RA bill wise) submission of the completion certificate for that
Works duly signed by the Contractor’s
representative, SDO & EE concerned or a person
authorized by the SE (O&M); Subject to condition
specified in clause 16.4 of Section-I.
Supply, after delivery, storage, 10% b) Balance payment upon successful commissioning
erection/ installation and of the entire works and completion of all the
successful completion and Contractor’s obligations under the Contract, as duly
commissioning of the complete certified by the Employer’s Representative and after
works against material issue of the last completion certificate and
utilized for works submission of a “No Claim Certificate” by the
Contractor specified in clause 13.6.
2) Delivery of material:
Contractor shall supply the materials in due time so that work shall be completed as
given schedule as given in the erection and commissioning order/agreement.
3) Inspection of material as mentioned in tender condition.
4) All other terms in the tender, related to supply of material shall be applicable
For the purpose of effective execution of the Contract, the Contractor shall open a
dedicated Contract Bank Account in a bank located in Maharashtra, and the
Employer will transfer or deposit all payments directly into the Contractor’s Contract
Bank Account. It is expected that the Contractor will use these payment solely for
expenditures under the Contract so that an adequate cash flow is maintained at all
times during execution. All payments due to the Contractor shall be paid only by
“Account Payee” cheque or by direct transfer of funds to the Contractor’s dedicated
Contract Bank Account.
The Employer shall make progressive payments for the work completed by the
Contractor in accordance with the provisions of Sub-Clause 13.3 as and when they
are due. The Contractor shall submit his invoices along with the documents listed in
the relevant clauses of these terms of payment to the Employer’s Representative for
review and approval, with an information copy to the Employer. The Employer’s
Representative shall submit the approved Contractor’s invoice to the Employer along
with an Interim Payment Certificate certifying the amount of invoice which is
approved for payment. The Employer will sanction the certified payment, and the
Employer and/ or Financing Agency will make payment to the Contractor,
Page 113 of 212

Application for Interim Payment Certificates

The Contractor shall submit a statement in three copies to the Employer's
Representative after the end of each month, or at more frequent intervals as
described in Sub-Clause 13.5, in the forms approved by the Employer's
Representative, showing the amounts to which the Contractor considers
himself to be entitled together with supporting documents which shall include
the detailed report on the progress during the month in accordance with Sub-
Clause 4.16 accompanied by copies of all test certificates and reports issued
by the Employer’s Representative and/ or Third Party Inspectors, material
dispatch certificates, claims, etc. The statement shall include the following
items, as applicable, which shall be expressed in the various currencies in
which the Contract Price is payable, in the sequence listed:
(a) The estimated contract value, at base rates and prices, of the
Construction Documents produced and the Works (including
variations) executed (for completed and commissioned) up to the end
of the month.
(b) any amounts to be added and deducted for changes in cost and
legislation in accordance with Sub-Clauses 13.14 and 13.15;
(c) any other additions or deductions which may have become due in
accordance with the Contract (including those under Clause 20), other
than under Sub-Clause 8.6; and
(d) the deduction of the amounts certified in all previous Interim Payment
Certificates.
Interim Valuation
13.3.1 Bill of Principle Quantities: Prior to commencing construction of the
Permanent Works, the Contractor shall submit a “Bill of Principal Quantities
of the Permanent Works” including provision for construction, installation/
erection, testing and commissioning (referred to in this Sub-Clause as "the
BPQPW") together with such supporting information and calculations as the
Employer's Representative may reasonably require. The BPQPW shall include
the anticipated final quantities of the principal items of Permanent Works,
which shall have been priced using all-in rates such that the total amount
equals the Contract Price for the Works. The BPQPW shall not contain priced
items for design (other than as may be specified in the Schedule of Prices) or
for Temporary Works; the value of each element of such work, and of any
other work elements not described in the BPQPW, shall each be included in
the rates for Permanent Works to be constructed after such element is carried
out. The BPQPW shall be subject to the approval of the Employer's
Representative, which may at any time be withdrawn, and shall be without
prejudice to the final amount due under the Contract. The BPQPW shall be
revised and reissued if it appears at any time before Taking-Over that it will
not fully represent the Permanent Works when complete.
During the Time for Completion, the contract value for the purpose of sub-
paragraph (a) of Sub-Clause 13.2 shall not exceed the amount calculated from
the current BPQPW, based on the quantities of Permanent Works which have
been constructed in accordance with the Contract. The Contractor's interim
statement shall be in the same form as that of the current BPQPW and shall be
accompanied by the Contractor’s signed statement that the current BPQPW
Page 114 of 212

attached thereto (including anticipated final quantities) and the as-

constructed quantities are all correct; each such statement shall also be
accompanied by a Certificate, signed by the Contractor's Representative,
certifying that the part of the Works constructed to date complies with the
Contract. However, the Contractor may propose such lesser amount as seems
reasonable, supported with appropriate calculations on a similar basis to the
procedure described in this Sub-Clause.
13.3.2 Payments for completed & commissioned work: Progressive payment will
be made to the Contractors for the completed and commissioned work for 90
% claims on the basis of Joint measurements carried out by representatives of
Contractor and Employer.
13.3.3 Procedures for Interim Valuations: The above procedures notwithstanding
, interim valuation for the purpose of determining payment to be made to the
contractor by the Employer will be made on a progressive basis, subject the
conditions summarized in the following table. In order to facilitate
progressive payments for lump sum items the successful bidder shall, if
requested by the employer representatives, submit a detailed breakup of the
quoted prices for approval prior to commencing the subject works.
The designation “P” means progressive payments based on completion
/commissioning of sections up to the limits indicated based on progress made
by the Contractor. The designation “LS” means that a lump sum payment will
be made upon successful completion of the activity described.
Note:- The detailed procedure to be followed for supervision, commissioning, Joint
Measurement, preparation of invoices and processing of invoices is given in enclosed
Annexure – II.
Plant and Materials for the permanent works
Interim Payments for the Major Plant and Equipment to be incorporated into
the Permanent Works will be made after: (i) completion of supply/ delivery/
erection/ installation and pre-commissioning of the Section and issue of the
Taking-Over Certificate by the Employer’s Representative; (ii) successful
completion of the Guarantee Tests and Commissioning of the Section, and
issue of the Performance Certificate for that part or Section by the Employer’s
Representative;
Issue of Interim Payment Certificates
No amount will be certified or paid until the Employer has received, and
approved, the security deposit in accordance with Sub-Clause 4.2. Thereafter,
the Employer's Representative shall, within 7 days of receiving a monthly
statement and supporting documents, deliver to the Employer with a copy to
the Contractor an Interim Payment Certificate showing the amount which the
Employer's Representative considers to be due; if no payment is considered to
be due, the Employer's Representative shall promptly notify the Contractor
accordingly. Except that the Employer's Representative shall not be bound to
certify any payment under this Sub-Clause if the net amount to be certified
(after deductions) would be less than the minimum amount of Interim
Payment Certificates (if any) stated in the Appendix to Tender.
In continuation to the first paragraph of this Sub-Clause 13.5, the Contractor
will be permitted to submit weekly claims for payment for work, subject to
Page 115 of 212

the claim having a value equivalent to at least the value of a Section. All
relevant deductions or adjustments, as set out in Sub-Clause 13.2, shall be
applied to such Interim Payments.
The Employer's Representative may in any payment certificate make any
correction or modification that should properly be made to any previous
certificate.
Procedure for payment and material movement and billing thereof
A. Unless otherwise stated,
(a) the Employer shall pay, or cause to be paid, the amount payable to the
Contractor against each of his invoices for interim payment, within 45
days from the date of submission of invoice to the Employer's
Representative along with necessary documents stipulated elsewhere;
and
(b) the Employer shall pay, or cause to be paid, the amount certified in the
Final Payment Certificate within 45 days from the date of issue of the
Final Payment Certificate by the Employer’s Representative.
Payments shall be made into the project bank account, located in
Maharashtra, nominated by the Contractor.
B.
(b) Material Procured from Outside of Maharashtra (Interstate
Materials)
1. The material shall be consigned by the manufacture in the name of the
contractor. On arrival of the consignment at site the dispatch documents
delivery challans, lorry receipt etc shall be endorsed by the contractors
in the name of MSEDCL.
2. After unloading the material a representative of MSEDCL or any other
personal as nominated by S.E (O&M) of the concerned zone, shall inspect
the material and hand it over back to contractor by issuing a Material
Receipt and Handing over (MRHO) Note against the indemnity bond.
3. The Contractor shall submit “Interstate Material Invoice” in enclosed
format-5 in Section 6 Sample forms with the copy of the corresponding
MRHO note to the Superintending Engineer of the concerned O & M
circle.
4. After end of each quarter the contractor shall submit a statement in
format 7 in Section 6 Sample forms submitted to the Superintending
Engineer of the concerned O & M circle
5. As a part of the Invoice for 100% payment against useful section
completed the contractor shall enclosed an interstate material utilization
statement in Format 6 in Section 6 Sample forms
(c) Intra-State Material (Material Procured within Maharashtra
State)
1. The material shall be consigned by the manufacture in the name of
MSEDCL.
2. After unloading the material a representative of MSEDCL or any other
personal as nominated by S.E (O&M) of the Circle, shall inspect the
Page 116 of 212

material and hand it over back to contractor by issuing a Material

Receipt And Handing Over (MRHO) Note against the indemnity bond.
3. The contractor shall submit MVAT invoices in enclosed format-8 in
Section 6 Sample forms with the copy of corresponding MRHO Note to
the Superintending Engineer of the concerned O & M circle
4. As part of Invoice for 100% payment against useful sections completed
the contractor shall enclosed a ”Local material utilization statement”
in format 9 in Section 6 Sample forms
5. Reimbursement of GST to the contractor shall be based on statement
mentioned above.
6. List of Formats for contractors Invoice for Payment:
Below listed formats shall form the contractors invoice.
1. Interim Payment certificate: Format 1,2,3
2. Service Invoice : Format-4
3. Interstate Material Utilization statement : Format-6
4. Intrastate (Local) Material Utilization statement : Format-9
a : Interim Payments
O1. Intimation to be given by Contractor to SE _______ with copies to concerned SDO &
EE about readiness of useful section after completion of works in all respects and
after recording Joint Measurement by representative of Employer and the
contractor.
A. The representative of SE ________ to carryout inspection of the useful section
within 3 days and give quality check list to the Contractor.
B. Contractor to carryout rectifications, wherever required, and submit
compliance report to SE________.
EE of Division shall check the invoices and if any discrepancies are observed the
same shall be get rectified from the Contractor after receipt of invoices. The
receipt of final invoices to be entered in intranet (MSEDCL). The invoices to be
submitted by the Contractor shall be accompanied with
a. Quality Check Certificate
05.
b. Joint measurement sheet signed by Contractor’s representative, EE of
Division and countersigned by SDO.
c. Copies of checklist prepared and signed by EE (O&M).
06. Certification and submission by EE (O&M) of 3 copies of invoices duly stamped for
90% payment along with payment certificate, above said documents and physical
progress certificate to SE (O&M).
07. SDO/EE (O&M) shall submit the invoices along with physical progress certificate
to SE (O&M) after verification and recording for payment processing purpose.
Page 117 of 212

08. Circle Office shall exercise quick check whether all the documents listed above are
attached, calculate and deposit TDS in Income Tax Office and arrange to send the
invoices to REC / PFC showing TDS deduction. At the same time an advice shall be
sent to Loan Section.
11. Circle office shall send TDS certificate to the Contractor of receipt of advice.
1. The contractor shall submit invoice claiming payment against the contractual
price of commissioned useful section along with Quantity Variation, Interim
Penalty/ Liquidated Damages, in four copies to the S.D.O. (O&M). The invoice
shall be accompanied with following documents:
a. Copy of Handing over and taking over certificate issued by the concerned
SDO in charge
b. Copy of charging permission issued by the Electrical Inspector
c. Detailed Joint measurement sheet signed by contractor’s representative,
JE/AE (Section) and SDO and countersigned by EE (O&M).
d. Copies of check lists issued SDO & EE (if issued) complied by the
contractor. The compliance of the check lists by the contractor shall be
signed by EE (O&M)
e. As built drawings of the useful section
f. Copies of the factory test reports and site test reports of major
equipments
g. Copies of (O and M) manuals
2. Check and scrutinize the invoice and forward the invoice with their payment
certificates in one original and two copies by the EE (O&M) of the Division.
3. The EE (O&M) shall note the completed and commissioned works viz a viz
LOA quantities, exercise sample checks of the works and forward all the
copies of invoice with his certificate to the concerned (O and M) circle office.
4. The concerned EE (O&M) shall arrange auditing of the invoice, capitalization
of the works and after capitalization shall retain the original copy and forward
two copies of the audited invoice, duly signed by him to the Superintending
Engineer (O&M), _____________ Circle.
5. The EE office shall check the invoices and put up office note to the SE (O&M).
6. The concerned Circle Office shall release payment to the Contractor.
7. Deleted.
Time Period Billing.
Page 118 of 212

8. Section Incharge and Contractor to arrange test charging of useful section after receipt
of compliance report from Contractor about rectification of defects, if any.
9. Carrying out and recording of joint measurement by representatives of EE (O&M) with
Contractor’s representative of test charging.
10. JE/AE shall countersign the Joint Measurement Certificate (JMC) of recording by the
Contractor.
11. Commissioning of useful section by SDO/EE and Contractor of countersigning of joint

measurement sheet/s by SDO.
12. SDO shall issue Handing Over / Taking Over certificate to Contractor on the day of
commissioning of asset.
ERP Implementation
MSEDCL is intended for implementation of ERP (Enterprises Resource
Planning), the Contractor should adhere to the procedure to be followed for
works, progress, billing, JMC / HOTO etc. in accordance with the ERP
Software. The Contractor / representatives should acquaint with the
procedure thereof.
Payment of Retention Money for Works
Balance payment of retention shall be disbursed upon successful
commissioning of the entire works and completion of all the Contractor’s
obligations under the Contract after received of closure proposal, as duly
certified by the Employer’s Representative and after issue of the last
completion certificate and submission of a “No Claim Certificate” by the
Contractor.
Statement at Completion
Not later than 84 days after the issue of the last Taking-Over Certificate for the
Works, the Contractor shall submit, to the Employer's Representative, six
copies of a statement at completion with supporting documents showing in
detail, in the form approved by the Employer's Representative under Sub-
Clause 13.2:
(a) the final value of all work done in accordance with the Contract up to
the date stated in such Taking-Over Certificate,
(b) any further sums which the Contractor considers to be due, and
(c) an estimate of amounts which the Contractor considers will become
due to him under the Contract.
The estimated amounts for each activity shall be shown separately in such
statement at completion. The Employer's Representative shall certify
payment under Sub-Clause 13.5.
Application for Final Payment Certificate
Not later than 56 days after the issue of the last Performance Certificate, the
Contractor shall submit to the Employer's Representative six copies of a draft
final statement for the Works with supporting documents showing in detail, in
a form approved by the Employer's Representative:
Page 119 of 212

(a) the value of all work done in accordance with the Contract, and
(b) any further sums which the Contractor considers to be due to him
under the Contract or otherwise.
If the Employer's Representative disagrees with or cannot verify any part of
the draft final statement, the Contractor shall submit such further information
as the Employer's Representative may reasonably require and shall make
such changes in the draft as may be agreed between them. The Contractor
shall then prepare and submit to the Employer's Representative the Final
Statement as agreed.
If, following discussions between the Employer's Representative and the
Contractor and any changes to the draft final statement which may be agreed
between them, it becomes evident that a dispute exists, the Employer's
representative shall deliver to the Employer (with a copy to the Contractor)
an Interim Payment Certificate for those parts of the draft final statement
which are not in dispute. The dispute may then be resolved under Clause 20,
in which case the Contractor shall then prepare and submit to the Employer
(with a copy to the Employer's Representative) a Final Statement in
accordance with the outcome of the dispute.
Discharge
When submitting the Final Statement, the Contractor shall submit a written
discharge which confirms that the total of the Final Statement represents full
and final settlement of all monies due to the Contractor under the Contract.
Such discharge may state that it shall become effective only after payment due
under the Final Payment Certificate has been made and the security deposit
referred to in Sub-Clause 4.2 has been returned to the Contractor.
Issue of Final Payment Certificate
The Employer's Representative shall issue to the Employer, with a copy to the
Contractor, the Final Payment Certificate within 28 days after receiving the
Final Statement and written discharge in accordance with Sub-Clauses13.10
and 13.11, stating:
(a) the amount which is finally due,
(b) the schedule for making final payments with respect to (i) completion
of all Works under the Contract, and (ii) successful completion of
warranty services during the Guarantee Period, and
(c) after giving credit to the Employer for all amounts previously paid by
the Employer and for all sums to which the Employer is entitled, other
than under Sub-Clause 8.6, the balance, if any, due from the Employer
to the Contractor or from the Contractor to the Employer as the case
may be.
If the Contractor has not applied for a Final Payment Certificate in accordance
with Sub-Clauses 13.10 and 13.11, the Employer's Representative shall
request the Contractor to do so. If the Contractor fails to make such an
application within a period of 28 days, the Employer's Representative shall
issue the Final Payment Certificate for such amount as he considers being due.
The above notwithstanding, the Employer will not issue the Final Payment
Certificate for the Works until the Contractor has submitted the As-built
Page 120 of 212

Drawings and the Operation and Maintenance Manual(s) in compliance with

Sub-Clauses 5.6 and 5.7.
Cessation of Employer's Liability

The Employer shall not be liable to the Contractor for any matter or thing
arising out of (or in connection with) the Contract or execution of the Works,
unless the Contractor shall have included a claim for it in his Final Statement
and (expect for matters or things arising after the issue of the Taking-Over
Certificate for the Works) in the statement at completion described in Sub-
Clause 13.9.
Changes in Legislation (Deleted)
Adjustments for Changes in Cost (Price Variation): Not applicable (Deleted)
Foreign Taxation
In the event that the Contractor supplies any goods from outside India, the
prices bid by the Contractor shall include all taxes, duties and other charges
imposed outside India on the production, manufacture, sale and transport of
the Contractor's Equipment, Plant, materials and supplies to be used on or
furnished under the Contract and on the services performed under the
Contract.
Local Taxation
The prices bid by the Contractor shall include all customs duties, import
duties, excise duties, business taxes, income tax, contract sales tax, and any
other taxes, duties or levies (except for Value Added Tax , Service Tax and
Octroi / LBT / LPT. (if any) chargeable to the Employer which is to be shown
separately and will be paid at specified rates) that may be levied in
accordance to the laws and regulations in being as of the date 28 days prior to
the closing date for submission of bids in India on the Contractor's Equipment,
Plant, materials and supplies (permanent, temporary and consumable)
acquired for the purpose of the Contract and on the services performed under
the Contract. Nothing in the Contract shall relieve the Contractor from its
responsibility to pay any tax that may be levied in India on profits made by it
in respect of the Contract
Page 121 of 212

The Employer will issue the “C” Form for materials, Plant and Equipment
supplied under the Contract and sold to MSEDCL on an Interstate Basis. To
avail of this facility, the successful Bidder will be required to submit a sales
invoice to the Employer charging no tax stating clearly in the invoice “Sales
under section 6(2) (b) of the Central Sales Tax Act 1956-against “C” form. The
successful bidder will give Form ‘C’ to the supplier, who would issue Form E -
1 to the successful bidder. Irrespective of whether the Employer can issue “C”
Forms and whether the Sales Tax Department accepts it or not the Employer
shall not be liable to reimburse any amount to the Contractor towards CST.
The Bidders should note while bidding that, the Employer will discharge its
Service Tax liability by availing the most beneficial cost advantage under the
appropriate General Exemption and Notifications of Service Tax.
The bidder should also note that the Employer will discharge its tax liability
under the most beneficial scheme for availing the maximum cost advantage.
Bidder should therefore take any VAT and/or Service Tax refund / rebate to
which they may be legally entitled into consideration while offering their
quoted rates / prices.
Income Taxes on Staff

The Contractor’s staff and labor will be liable to pay personal income taxes in
India in respect of such of their salaries and wages as are chargeable under
the laws and regulations for the time being in force, and the Contractor shall
perform such duties in regard to such deductions thereof as may be imposed
on him by such laws and regulations.
VARIATIONS
Right to Vary
a) Deleted.
b) In case it is determined that any extra item, which is not appearing in
any of the cost data sheets forming part of the bidding document, is
necessary and required for the satisfactory operation of the completed
work as determined by the Employer’s Representative, then in such
case the Contractor shall submit a proposal to the Employer’s
Representative for approval of suitable rate for such item. Such a
proposal shall be accompanied by all supporting documents. Provision
for such extra item shall not be made by the Contractor unless it is
approved by the Employer’s Representative.
c) Quantities as provided in the Contract are the best estimates for the
purpose of submitting the lump-sum percentage bid. The Contractor
shall be required to execute the works at the quoted rates set out in
the Schedules of Prices.
d) The Sub Activities are mentioned in the cost data sheets for individual
activity will be paid on actually executed quantities.
e) In case additional civil work is required, the cost of Tender Rate is
considered. On the contrary if tender rate is not available DSR rate of
Page 122 of 212

Tender Floating Year shall be consider for the estimate along with
quoted offer.
Value Engineering
The Contractor may, at any time, submit to the Employer's Representative a
written proposal which in the Contractor's opinion will reduce the cost of
constructing, maintaining or operating the Works, or improve the efficiency or
value to the Employer of the completed Works, or otherwise be of benefit to
the Employer. Any such proposal shall be prepared at the cost of the
Contractor and shall include the items listed in Sub-Clause 14.3.
Deleted
Provisional Sums
Provisional Sums (if any) provided under the Contract shall only be used, in
whole or in part, in accordance with the instructions of the Employer’s
Representative for lawful expenditures incurred on behalf of the Employer for
statutory fees/ charges/ levies imposed by Governmental or Semi-
Governmental Agencies for the following works or services which are
required for successful completion of the Works:
(i) Charges levied by the Department of Environment and Forests related
to obtaining necessary approvals for any required tree cutting;
(ii) Charges levied by Railway authorities related to approval of
construction drawings and inspection fees for railway crossings;
(iii) Charges levied by utility authorities related to approval of construction
drawings and inspection fees for utility crossings;
(iv) Road cutting and/ or road crossing charges levied by the responsible
agency;
(v) Electrical inspection fees and charges.
(vi) The actual expense of Octroi / LBT / LPT charges, all above charges
shall be reimbursed on submission of valid receipt
Any other statutory charges or incidental expenses which may be incurred,
including any crop/ tree compensation as stated in Clause 25, are not eligible
for reimbursement out of the Provisional Sum allowance, and the Contractor
will be responsible to include any such costs in his quoted rates/ prices.
The total sum paid to the Contractor shal include only such amounts for the
work, supplies or services to which such Provisional Sums relate as the
Employer's Representative shall have instructed. The Contractor will be
reimbursed the actual price paid (or due to be paid) for each Provisional Sum
expenditure ordered by the Employer's Representative upon submission of
the original quotations, invoices, vouchers and accounts or receipts in
substantiation.
Amendments to the Contract Conditions/Specifications
If the Employer’s Representative determines that if, in exceptional
circumstances, it would be in best interests of the Project to modify or amend
some of the Contract Conditions/ Specifications, then such modifications or
amendments may be made if mutually agreed by the Employer and the
Contractor.
Page 123 of 212

DEFAULT OF CONTRACTOR
Notice to Correct
If the Contractor fails to carry out any of his obligations, or if the Contractor is
not executing the Works in accordance with the Contract, the Employer's
Representative may give notice to the Contractor requiring him to make good
such failure and remedy the same within a specified reasonable time.
Termination
If the Contractor:
(a) fails to comply with a notice under Sub-Clause 15.1, or
(b) abandons or repudiates the Contract, or
(c) without reasonable excuse fails:
(i) to commence the Works in accordance with Sub-Clause 8.1,
(ii) to proceed with the Works in accordance with Clause 8, or
(iii) to demonstrate that sufficient design capability is employed in the
design of the Works to achieve completion within the Time for
Completion, or
(d) becomes bankrupt or insolvent, goes into liquidation, has a receiving or
administration order made against him, compounds with his creditors,
or carries on business under a receiver, trustee or manager for the
benefit of his creditors, or if any act is done or event occurs which (under
any applicable law) has a similar effect to any of these acts or events, or
(e) fails to comply with a notice issued under Sub-Clause 7.5 within 28 days
after having received it, or
(f) assigns the Contract or subcontracts the Works without the required
consent, or
(g) in the judgment of the Employer has engaged in corrupt and fraudulent
practices in competing for or in executing the Contract, or
(h) fails to achieve the agreed monthly milestones for a period of 3
consecutive months,
then the Employer may, after having given 14 days' notice to the Contractor,
terminate the Contractor's employment under the Contract and expel him
from the Site. The Contractor shall then deliver all Construction Documents,
and other design documents made by or for him, to the Employer's
Representative. The Contractor shall also remove from the Site, without delay
and at his own cost, all materials, plant and equipment which have not been
incorporated into the Permanent Works and commissioned and accepted by
the Employer. The Contractor shall not be released from any of his obligations
or liabilities under the Contract. The rights and authorities conferred on the
Employer and the Employer's Representative by the Contract shall not be
affected.
The Employer may upon such termination complete the Works himself
and/or by any other contractor at the risk and cost of terminated contractor.
The Employer or such other contractor may use for such completion so much
of the Construction documents, other design documents made by or on behalf
of the Contractor, Contractor's Equipment, Temporary Works, Plant and
Page 124 of 212

Materials as he or they may think proper. Upon completion of the Works, or at

such earlier date as the Employer's Representative thinks appropriate, the
Employer's Representative shall give notice that the Contractor's Equipment
and Temporary Works will be released to the Contractor at or near the Site.
The Contractor shall remove or arrange removal of the same from such place
without delay and at his cost.
Valuation at Date of Termination
The Employer's Representative shall, as soon as possible after termination
under Sub-Clause 15.2, determine and advise the Contractor of the value of
the Construction Documents, Plant, Materials, Contractor's Equipment and
Works and all sums then due to the Contractor as at the date of termination.
Payment will only be made for completed and commissioned works in
accordance with the terms of payment set out and no additional payment will
be made for partially completed works and/ or unused materials, plant and
equipment.
Payment after Termination
After termination under Sub-Clause 15.2, the Employer shall not be liable to
make any further payments to the Contractor until the cost of design,
execution, completion and remedying of any defects, damages for delay in
completion (if any), and all other costs incurred by the Employer, have been
established.
The Employer shall be entitled to recover from the Contractor the extra costs,
if any, of completing the Works after allowing for any sum due to the
Contractor under Sub-Clause 15.3. If there are no such extra costs, the
Employer shall pay any balance to the Contractor.
Corrupt or Fraudulent Practices
If in the judgment of the Employer the Contractor has engaged in corrupt or
fraudulent practices, in competing for or in executing the Contract, then the
Employer may, after having given 14 days notice to the Contractor, terminate
the Contractor’s employment under the Contract and expel the Contractor
from the Site, and the provisions of Clause 15 shall apply as if such expulsion
had been made under Sub-Clause 15.2.
16 DEFAULT OF EMPLOYER
Page 125 of 212

16.1 Cessation of Work and Removal of Contractor's Equipment

After termination under sub clause 2. 4, the contractor shall
Cease all further work except for such works as may be necessary and
instructed by the employer’s representative for the purpose of making safe or
protecting those parts of the works already executed, and any work required
to keep the site safe and clean.
(a) Handover all construction documents, plant and material for which the
contractor has received payment,
(b) Handover those other parts of works executed by the contractor up to
the date of termination, and
(c) Remove all contractors’ equipments which are on site and repatriate all
his staff and labor from the site.
17 RISK AND RESPONSIBILITIES
17.1 Indemnity
The Contractor shall indemnify and hold harmless the Employer, the
Employer's Representative, their contractors, agents and employees from and
against all claims, damages, losses and expenses arising out of or resulting
from the Works, including professional services provided by the Contractor.
These indemnification obligations shall be limited to claims, damages, losses
and expenses which are attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of physical property (other than the
Works), including consequential loss of use. Such obligations shall also be
limited to the extent that such claims, damages, losses or expenses are caused
in whole or in part by a breach of a duty of care, imposed by law on the
Contractor or anyone directly or indirectly employed by the Contractor.
17.2 Contractor's Care of the Works
The Contractor shall take full responsibility for the care of the Works from the
Commencement Date until the date of issue of the Taking-Over Certificate,
when responsibility shall pass to the Employer. If the Employer's
Representative issues a Taking-Over Certificate for any Feeder/ Section, the
Contractor shall cease to be responsible for the care of that Feeder/ Section
from the date of issue of such Taking-Over Certificate, when responsibility
shall pass to the Employer.
The Contractor shall take responsibility for the care of any outstanding work
which is required to be completed prior to the expiry of the Contract Period,
until the Employer's Representative confirms in writing that such outstanding
work has been completed.
If any loss or damage happens to the Works, arising from any cause other than
the Employer's risks listed in Sub-Clause 17.3 during the period for which the
Contractor is responsible, the Contractor shall rectify such loss or damage, at
his cost, so that the Works conform to the Contract. The Contractor shall also
be liable for any loss or damage to the Works caused by any operations
carried out by the Contractor after the date of issue of the Taking-Over
Certificate.
17.3 Employer's Risks
Page 126 of 212

The Employer's risks are:

war, hostilities (whether war be declared or not), invasion, act of foreign
enemies,
rebellion, revolution, insurrection, or military or usurped power, or civil
war,
ionizing radiations, or contamination by radio-activity from any nuclear
fuel, or from any nuclear waste from the combustion of nuclear fuel,
radio-active toxic explosive, or other hazardous properties of any
explosive nuclear assembly or nuclear component of such assembly,
pressure waves caused by aircraft or other aerial devices traveling at sonic
or supersonic speeds,
riot, commotion or disorder, unless solely restricted to employees of the
Contractor or of his Subcontractors and arising from the conduct of the
Works,
loss or damage due to the use or occupation by the Employer of any
Feeder/ Section or part of the Permanent Works, except as may be
provided for in the Contract, and
any operation of the forces of nature against which an experienced
contractor:
(i) could not have reasonably foreseen, or
(ii) could reasonably have foreseen, but against which he could not
reasonably have taken appropriate measures to prevent loss or
damage to physical property occurring.
17.4 Consequences of Employer's Risks
The Contractor shall give notice, to the Employer's Representative, of an
Employer's risk upon it being foreseen by, or becoming known to, the
Contractor. If an Employer's risk results in loss or damage, the Contractor
shall rectify such loss or damage to the extent required by the Employer's
Representative. If the Contractor suffers delay and/or incurs cost as a result of
an Employer's risk, the Contractor shall give further notice to the Employer's
Representative. After receipt of such further notice the Employer's
Representative shall proceed in accordance with Clause 3 to agree or
determine:
Clause 8.3, and
(b) the amount of such Cost, which shall be added to the Contract Price,
and shall notify the Contractor accordingly.
17.5 Contractor's Risks
The Contractor’s risks are all risks other than the Employer’s risks listed in
Sub-Clause 17.3.
17.6 Limitation of Liability
The Contractor shall in no event be liable to the Employer, by way of
indemnity or by reason of any breach of the Contact or in tort or otherwise,
for loss of use of any part (or all) of the Works or for loss of production, loss of
profit or loss of any contract or for any indirect special or consequential loss
or damage which may be suffered by the Employer in connection with the
Page 127 of 212

Contract. The total liability of the Contractor to the Employer under the
Contract shall not exceed the Contract Price. Except that this Sub-Clause shall
not limit the liability of the Contractor:
(a) under Sub-Clauses 4.20, 4.21, 5.9, 8.6 and 11.4,
(b) under any other provisions of the Contract which expressly impose a
greater liability,
(c) in cases of fraud, willful misconduct or illegal or unlawful acts, or
(d) in cases of acts or omissions of the Contractor which are contrary to
the most elementary rules of diligence which a conscientious
contractor would have followed in similar circumstances.
17.7 Occupation and Care of Employer’s Facilities

The Contractor occupying any of the Employer’s facilities temporarily for the
purpose of the Contract shall take full responsibility, from the dates of use or
occupation to the dates of handover or cessation of occupation.
If any loss or damage happens to any of the occupied facilities while the
Contractor is responsible for their care, arising from any cause whatsoever
other than the Employer’s Risks listed in Sub-Clause 17.3, the Contractor shall,
at its own cost, rectify such loss or damage to the satisfaction of the
Employer’s Representative. All temporarily occupied facilities shall be handed
over upon completion of the Works, or on such other date as is mutually
agreed, in the same or better condition than when they were given into the
Contractor’s care, normal wear and tear excepted.
18 INSURANCE
18.1 Insurance for Design
The Contractor shall affect professional indemnity insurance, which shall
insure the Contractor's liability by reason of professional negligence in the
design of Works.
The Contractor shall insure all his personnel, Tools and Plants, etc. and shall
also take a third party liability cover to indemnify the Owner of all liabilities
which may come up due to any act or omission on the part of contractor
and cause harm/damage to other contractor/representatives of
Owner or all or anybody rendering service to the Owner or is connected
with Owner's work in any manner whatsoever. The Contractor shall
necessarily indemnify the owner in all these respects and the indemnification
and insurance policy shall be to the approval of Engineer.
If the total liability exceeds Rs.10/- lakhs prior to completion of the work then the
Contractor shall arrange to renew the policy for the same amount to cover the
balance completion period. However, irrespective of the value of the policy, the
Contractor shall indemnify the Owner for all liabilities.
The Contractor shall use his best endeavors to maintain such professional
indemnity insurance in full force and effect throughout the periods of his
liability, under the Contract and under the law of Country. The Contractor
Page 128 of 212

undertakes to give the Employer reasonable notice in the event of such

difficulty (if any) in extending, renewing or reinstating such insurance.
18.2 Insurance for Works and Contractor's Equipment
The Contractor shall insure the Construction Documents, Plant, Materials and
Works in the joint names of the Employer, the Contractor and Subcontractors,
against all loss or damage. This insurance shall cover loss or damage from any
cause other than the Employer's risks listed in Sub-Clause 17.3 sub-
paragraphs (a), (b), (c) and (d) in so far as such insurance is readily
obtainable. Such insurance shall be for a limit of not less than the full
replacement cost (including profit) and shall also cover the costs of
demolition and removal of debris. Such insurance shall cover the Employer
and the Contractor from the first working day after the Commencement Date
until the date of issue of the Taking-Over Certificate for the Works. The
Contractor shall extend such insurance to provide cover until the date of issue
of the Performance Certificate for loss or damage for which the Contractor is
liable arising from a cause occurring prior to the issue of the Taking-Over
Certificate, and for the loss or damage occasioned by the Contractor or
Subcontractors in the course of any other operations (including those under
Clauses 11 and 12).
The Contractor shall insure the Contractor's Equipment in the joint names of
the Employer, the Contractor and Subcontractors, against all loss or damage.
This insurance shall cover loss or damage from any cause other than the
Employer's risks listed in Sub-Clause 17.3 sub-paragraphs (a), (b), (c) and (d)
in so far as such insurance is readily obtainable. Such insurance shall be for a
limit of not less than the full replacement value (including delivery to Site).
Such insurance shall be in such a manner that each item of equipment is
insured while it is being transported to the Site and throughout the period it is
on or near the Site.
18.3 Insurance against Injury to Persons and Damage to Property
The Contractor shall insure against liability to third parties, in the joint names
of the Employer, the Contractor and Subcontractors, for any loss, damage,
death or bodily injury which may occur to any physical property (except
things insured under Sub-Clause 18.2) or to any person (except persons
insured under Sub-Clause 18.4), which may arise out of the performance of
the Contract and occurring before the issue of the Performance Certificate.
Such insurance shall be for a limit of not less than the amount specified.
18.4 Insurance for Workers
The Contractor shall effect and maintain insurance against losses and claims
arising from the death or injury to any person employed by the Contractor or
any Subcontractor, in such a manner that the Employer and the Employer's
Representative are indemnified under the policy of insurance. For a
Subcontractor’s employees, such insurance may be affected by the
Subcontractor, but the Contractor shall be responsible for compliance with
this Clause.
18.5 General Requirements for Insurances
Page 129 of 212

Each insurance policy shall be consistent with the general terms agreed in
writing prior to the Effective Date, and such agreement shall take precedence
over the provisions of this Clause.
The Contractor shall, within the respective periods stated in the Appendix to
Tender (calculated from the Commencement Date), submit to the Employer:
(a) evidence that the insurances described in this Clause have been effected,
and
(b) copies of the policies for the insurances described in Sub-Clauses 18.2 and
18.3.
When each premium has been paid, the Contractor shall submit copy receipts
to the Employer. The Contractor shall also, when providing such evidence,
policies and receipts to the Employer, notify the Employer's Representative of
so doing.
The Contractor shall effect all insurances for which he is responsible with
insurers and in terms approved by the Employer. Each policy insuring against
loss or damage shall provide for payments to be made in the currencies
required to rectify such loss or damage. Payments received from the insurers
shall be used for the rectification of such loss or damage.
The Contractor (and, if appropriate, the Employer) shall comply with the
conditions stipulated in each of the insurance policies. The Contractor shall
make no material alteration to the term of any insurance without the prior
approval of the Employer. If an insurer makes (or purports to make) any such
alteration, the Contractor shall notify the Employer immediately.
If the Contractor fails to effect and keep in force any of the insurances
required under the Contract, or fails to provide satisfactory evidence, policies
and receipts in accordance with this Sub-Clause, the Employer may, without
prejudice to any other right or remedy, effect insurance for the coverage
relevant to such default, and pay the premiums due. Such payments shall be
recoverable from the Contractor by the Employer, and may be deducted by
the Employer from any monies due, or to become due, to the Contractor.
Nothing in this Clause limits the obligations, liabilities or responsibilities of
the Contractor or the Employer, under the other terms of the Contract or
otherwise. Any amounts not insured or not recovered from the insurers shall
be borne by the Contractor and/or the Employer accordingly.
1. In order to comply the clause 18 and the directives of the Government of
Maharashtra resolution
a. AIF/2183/CR-174/83ADM-5 Date 16/01/1984
b. Vimasa-1098/Pr.Kra28/98/Shashan Hami Dt. 19/08/1998
c. Vimassa-1011/Prakra 15/Vima Prashasan Date 29/04/2011 and
d. L.No: AIF/2311/Co-Ins/MST Co/Ltd/F da.04.02.2012
and the directives issued by the Executive Director (H.R) MSEDC vide
letter No: IR/Insurance/9623 Date 13.04.2012, the Contractor All Risk
Policy (CAR) or Transit cum Erection (TCE) or Erection All Risk Insurance
Policy (EAR) in respect of contract works awarded by MSEDCL as principle
to the contract and workman’s compensation insurance in respect of the
workmen engaged and deployed by the contractor’s to complete the
contract work is required to be obtained from M/s National Insurance Co.
Page 130 of 212

Ltd on co-insurance cum servicing basis under indirect method in the ratio
of 40:60 (i.e. Govt. Insurance fund @ 40% and national Insurance co.@
60%) and their offices as specified in the circulars or following divisional /
Branch office only.
i. National Insurance Co. Ltd. Red Cross House, 11 M.G. Road, Pune 411
001 Ph 020 26134267/ /9890011793
ii. National Insurance Co. Ltd. 104, Bharat House 3rd Floor , Mumbai
Samachar Marg, Fort Mumbai 400023 Phone 022-22610110
/22673692/ 9820308755
2. As per the Directive of Govt. Of Maharashtra letter No: NMP1009/Sankra
39/NV 26 date: 16th March 2009, in case the directives are not followed
by the contractor , the concerned authority of MSEDCL shall recover (1%)
one percent amount of the contract value and deposit the same with
Director of Insurance Govt. Maharashtra through Cheque/demand draft
with complete particulars of contract works along with copy of work
order.
19 FORCE MAJEURE
19.1 Definition of Force Majeure
In this Clause, "Force Majeure" means an event beyond the control of the
Employer and the Contractor, which makes it impossible or illegal for a party
to perform, including but not limited to:
(a) act of God;
(b) war, hostilities (whether war be declared or not), invasion, act of
foreign enemies, mobilization, requisition, or embargo;
(c) rebellion, revolution, insurrection, or military or usurped power, or
civil war;
(d) contamination by radio-activity from any nuclear fuel, or from any
nuclear waste from the combustion of nuclear fuel, radio-active toxic
explosive, or other hazardous properties of any explosive nuclear
assembly or nuclear component of such assembly;
(e) riot, commotion or disorder, unless solely restricted to employees of
the Contractor or of his Subcontractors.
19.2 Effect of Force Majeure Event

Neither the Employer nor the Contractor shall be considered in default or in
contractual breach to the extent that performance of obligations is prevented
by a force majeure event which arises after the Effective Date.
19.3 Contractor's Responsibility
Upon occurrence of an event considered by the Contractor to constitute force
majeure and which may affect performance of his obligations, he shall
promptly notify the Employer's Representative, and shall endeavor to
continue to perform his obligations as far as reasonably practicable. The
Contractor shall also notify the Employer's Representative of any proposals,
including any reasonable alternative means for performance, but shall not
effect such proposals without the consent of the Employer' Representative.
19.4 Employer's Responsibility
Page 131 of 212

Upon occurrence of an event considered by the Employer to constitute force

majeure and which may affect performance of his obligations, he shall
promptly notify the Contractor and the Employer's Representative, and shall
endeavor to continue to perform his obligations as far as reasonably
practicable. The Employer shall also notify the Employer's Representative and
the Contractor of any proposals, with the objectives of completing the Works
and mitigating any increased costs to the Employer and the Contractor.
19.5 Payment to Contractor
If, in consequence of force majeure, the Works shall suffer loss or damage, the
Contractor shall be entitled to have included, in an Interim Payment
Certificate, the Cost of work executed in accordance with the Contract, prior to
the event of force majeure. If the Contractor incurs additional Cost in
complying with Sub-Clause 19.3, such Cost shall be determined by the
Employer's Representative in accordance with the provisions of Clause 3 and
shall be added to the Contract Price.
19.6 Optional Termination, Payment and Release

Irrespective of any extension to time, if a force majeure event occurs and its
effect continues for a period of 182 days, either the Employer or the
Contractor may give to the other a notice of termination, which shall take
effect 28 days after the giving of the notice. If, at the end of the 28 day period,
the effect of the force majeure continues, the Contract shall terminate. If the
Contract is terminated under this Sub-Clause, Sub-Clause 2.4 , the Employer's
Representative shall determine the value of the work done and:
(a) the amounts payable for any work carried out for which a price is
stated in the Contract;
(b) any other Cost or liability which in the circumstances was reasonably
incurred by the Contractor in the expectation of completing the Works;
(c) the reasonable Cost of removal of Temporary Works and Contractor's
Equipment from the Site and the return of such items to the
Contractor's works in his country (or to any other destination at no
greater cost); and
(d) the reasonable Cost of repatriation of the Contractor's staff and labor
employed wholly in connection with the Works at the date of such
termination; and issue an Interim Payment Certificate in accordance
with Clause 13.
19.7 Releases from Performance under the Law
If under the law of the Contract the Employer and the Contractor are released
from further performance, the sum payable by the Employer to the Contractor
shall be the same as would have been payable under Sub-Clause 19.6 if the
Contract had been terminated under that Sub-Clause.
20 CLAIMS, DISPUTES AND ITS SETTLEMENT

20.1 Procedure for Claims
The contractor shall not be entitled to raise claim for any additional payment
under any clause of these conditions or otherwise, unless he intimates the
Page 132 of 212

event in writing within 28 days, to the Employer’s Representative, of the start

of the event giving rise to such claim.
In the event of dispute arising between the Contractor and the Employer out
of or in connection with this contract or interpretation thereof, the parties
shall use their best efforts to settle amicably all such disputes.
The Contractor shall state the facts supporting his claim, the points at issue
and the relief or remedy sought, to the Employer’s Representative through a
notice within 28 days or such other time as may be agreed by the Employer’s
Representative. The Contractor shall send to the Employers Representative an
account, giving detailed particulars of the amount and basis of the claim.
Where the event giving rise to the claim has a continuing effect, such account
shall be considered as interim. The contractor shall then, at such intervals, as
the Employer’s Representative may reasonably require, send further interim
accounts giving the accumulated amount of the claim and any further
particulars. Where interim accounts are sent to the Employer’s
Representative, the Contractor shall send a final account within 28 days of the
end of the effects resulting from the event.
20.2 Payment of Claims
The Contractor shall be entitled to have included in any Interim Payment
Certificate such amount for any claim as the Employer’s Representative
considers due. If the particulars supplied are insufficient to substantiate the
whole of the claim, the Contractor shall be entitled to payment for such part of
the claim as has been substantiated.
20.3 Dispute Resolution Committee
The dispute resolution committee shall be constituted with one member each
representing the bidder, the MSEDCL. In case the Dispute resolution
committee fails to resolve the dispute, the matter shall be resolved by
arbitration as stipulated under the arbitration act 1996.
20.4 Arbitration
20.4.1 The matters to be determined by the Chief Engineer (C.E.):-
All disputes and differences of any kind whatsoever arising out of or in
connection with the contract, whether during the progress of the work or
after its completion and whether before or after the determination of the
contract, shall be referred by the contractor to the C.E. and the C.E. shall
(within l20 days) after receipt of the contractor’s representation make and
notify decisions of all matters referred to by the contractor in writing.
(i) Demand for Arbitration: In the event of any dispute or difference
between the parties hereto as to the construction or operation of this
contract, or the respective rights and liabilities of the parties on any
matter in question, the dispute or difference on any account or as to
the withholding by MSEDCL of any certificate to which the contractor
may claim to be entitled to, or if the C.E. fails to make a decision (within
l20 days) then and in any such case the contractor (after 120 days) but
within (180 days) of his presenting his final claim on disputed matters,
shall demand in writing that the dispute or difference to be referred to
arbitration.
Page 133 of 212

(ii) The demand for arbitration shall specify the matters which are in
question, or subject of the dispute or difference as also the amount of
claim item-wise. Only such dispute(s) or difference(s) in respect of
which the demand has been made, together with counter claims or set
off shall be referred to arbitration and other matters shall not be
included in the reference.
(a) The arbitration proceedings shall be assumed to have
commenced from the day, a written and valid demand for
arbitration is received by the MSEDCL.
(b) The claimant shall submit his claim stating the facts supporting
the claims along with all relevant documents and the relief or
remedy sought against each claim within a period of 30 days
from the date of appointment of the Arbitral Tribunal.
(c) The MSEDCL shall submit its defence statement and counter
claim(s), if any, within a period of 60 days of receipt of copy of
claims from the Tribunal thereafter unless otherwise extension
has been granted by the Tribunal.
(iii) No new claim shall be added during the proceedings by either party.
However a party may amend or supplement the original claim or
defence thereof during the course of arbitration proceedings subject to
acceptance by Tribunal having due regard to the delay in making it.
(iv) If the contractor(s) does/do not prefer his/their specific and final
claims in writing, within a period of 90 days of receiving the intimation
from the MSEDCL, that the final bill is ready for payment, he/they will
be deemed to have waived his/their claim(s) and the MSEDCL shall be
discharged and released of all liabilities under the contract in respect
of these claims.
20.4.2 Obligation during pendency of Arbitration:
Work under the contract shall, unless otherwise directed by the Engineer,
continue during the arbitration proceedings, and no payment due or payable
by the MSEDCL shall be withheld on account of such proceedings, provided,
however, it shall be open for Arbitral Tribunal to consider and decide whether
or not such work should be continued during arbitration proceedings.
(i) In cases where the total value of all claims in question added together
does not exceed Rs.1,00,00,000/- (Rupees One Crore) the Arbitral
Tribunal shall consist of a Sole Arbitrator who shall be either the C.E. of
the MSEDCL or serving or retired officer of the MSEDCL/Government
not below the grade of C.E. or equivalent nominated by the MD of the
MSEDCL in that behalf. The Sole Arbitrator shall be appointed within
60 days from the day when a written and valid demand for arbitration
is received by the MSEDCL.
(ii) In cases the value of the claim exceeds Rs.1,00,00,000/- (Rupees One
Crore) as above, the Arbitral Tribunal shall consist of panel of 3 serving
or retired officers of MSEDCL/Govt. not below the grade of C.E./C.A.O.
as the Arbitrators. For this purpose, the MSEDCL will send a panel of
more than 3 names of arbitrators of one or more department of the
Page 134 of 212

MSEDCL/Govt. to the contractor who will be asked to suggest to the

MD at least 2 names for appointment as contractor’s nominee. The MD
shall appoint atleast one of them as the contractor’s nominee and will
also appoint the balance number of arbitrators either from the panel or
from outside the panel, duly indicating the presiding arbitrator from
amongst the three (3) arbitrators so appointed. While nominating
arbitrators, it will be necessary to ensure that one of them is or has
worked in Accounts department.
(iii) If one or more arbitrators appointed as above refuses to act as
arbitrator, withdraws from his office as arbitrator or vacates his/their
office/offices or is/are unable or unwilling to perform his functions as
arbitrator for any reason whatsoever or dies or in the opinion of the
MD fails to act without undue delay, the MD shall appoint new
arbitrators to act in his/their place in the same manner in which the
earlier arbitrator/s had been appointed. Such reconstituted Tribunal,
may, as its discretion proceed with the reference from the stage at
which it was left by the previous arbitrator(s).
(iv) The Tribunal shall have powers to call for such evidence by way of
affidavits or otherwise as the Arbitral Tribunal shall think proper, and
it shall be the duty of the parties hereto to do or cause to be done all
such things as may be necessary to enable the Arbitral Tribunal to
make the award without any delay.
(v) While appointing arbitrator(s) as above, due care shall be taken that
he/they is/are not the one/those who had an opportunity to deal with
the matters to which the contract relates or who in the course of
his/their duties as MSEDCL’s servant(s) expressed views on all or any
of the matters under dispute or differences. The proceedings or the
Arbitral Tribunal or the award made by such Tribunal will, however,
not be invalid merely for the reason that one or more arbitrator had, in
the course of his service, opportunity to deal with the matters to which
the contract relates or who in the course of his/their duties expressed
views on all or any of the matters under dispute.
(vi) Arbitral award shall state item-wise, the sum and reasons upon which
it is based.
(vii) A party may apply for corrections of any computational errors, any
typographical or clerical errors or any other error of similar nature
occurring in the award and interpretation of specific point of award to
tribunal within 30 days of receipt of the award.
(viii) A party may apply to Tribunal within 30 days of receipt of award to
make an additional award as to claims presented in the arbitral
proceedings, but omitted from the arbitral award.
(ix) In case of the Tribunal, comprising of three members any ruling or
award shall be made by a majority of Members of Tribunal. In the
absence of such a majority, the views of the Presiding Arbitrator shall
prevail.
Page 135 of 212

(x) Where the arbitral award is for payment of money, no interest shall be
payable on whole or any part of the money for any period till the date
on which the award is made.
(xi) The cost of the arbitration shall be borne equally by the respective
parties. The cost shall inter-alia include fees of the arbitrators as per
the rates fixed by the MSEDCL from time to time. Provided that the fees
payable per arbitrator for claims up to Rs. One Crore shall not exceed
Rs. 2000/- per sitting subject to a maximum of Rs. 25,000/- and the
fees payable per arbitrator for claims over Rs. One Crore, shall not
exceed Rs.2000/- per sitting subject to a maximum of Rs. 50,000/-.
Provided further that the arbitrators who are in service of
Govt./MSEDCL shall draw fees at half of the rates mentioned above.
(xii) MSEDCL shall maintain a list of arbitrators. The MD shall have full
powers to delete or add the name of the arbitrators in the list or to
make amendments to the said list as per his discretion.
(xiii) The arbitral proceedings should be completed and the award be
finalized within one year from the date of appointment of arbitrators.
(xiv) Subject to the provisions as aforesaid, Arbitration and Conciliation Act,
1996 and the rules there under, and any statutory notification thereof
shall apply to the arbitration proceedings under this clause.
20.5 Disputes
Any disputes or differences arising under, out of or in connection with this
tender or contract if not concluded shall be subject to exclusive jurisdiction of
courts in Mumbai city of Maharashtra. The Indian Law shall govern the
contract. .
21 PAYMENT OF COMMISSION, GRATUITIES, REBATES, GIFTS

The Contractor undertakes that no fees, gratuities, rebates, gifts, commissions
or other payments have been given or received in connection with the
procurement process or in the contract execution.
22 Facilities to be provided for the employer and his representatives

The Contractor shall provide and upkeep the following facilities for the
Employer’s Representative during the Time for Completion of the Works. The
costs of providing these facilities is considered incidental to execution of the
project and no separate payment will be made.
(a) Office space, at or near the Contractor’s main project office, with a floor
area not less than 15 square meters, with provision for toilets and pantry.
The office shall be equipped with office furniture (at least 3 tables, 6
chairs, necessary filing and drawing cabinets, etc.), and provided with
electricity, one telephone, one air cooler, one desk-top computer and one
A4 size ink jet printer.
(b) All necessary assistance (labor, equipment, materials, testing equipment,
temporary power supplies, etc.) as may be required for inspection and
measurement of the Works, as well as for conducting quality control,
guarantee and acceptance tests.
Page 136 of 212

23 Pre-dispatch Inspection Outside the Employer’s Country

In the event the Contractor proposes to procure Plant, Equipment or Material
from outside of India which requires pre-dispatch inspection by the
Employer’s Representatives, the Contractor will be required to arrange and
provide for the cost of travel to the Manufacturer’s place, accommodation,
local transport and food for three representatives of the Employer. Such costs
will be incorporated in the tendered cost of such items and no separate
payment will be made for the same.
24 name plates
All distribution transformers shall have nameplates affixed at a suitable
position with full particulars marked thereon, in accordance with the relevant
standards. A rating plate of non-corrodible material shall be attached to the
transformer and other equipment wherever necessary. The plate shall be
permanently engraved with the designed full load ratings, model number,
serial number, date of manufacture and other salient features. In addition, the
name of the project and place of installation shall also be engraved onto the
bodies of the transformers and related equipment.
25 crop/ tree compensation

Any loss arising out of or in consequence of the execution or completion of the
Works and remedying of any defects therein, and the costs of any claims,
proceedings, damages, charges and expenses whatsoever in respect thereof or
in relation thereto are to the Contractor’s account.
26 SALVAGED MATERIALS
All materials salvaged by the Contractor during his work on rehabilitation,
replacement, reconstruction and/or upgrading of existing facilities and/or re-
conductoring of existing power lines shall remain the absolute property of the
Employer. The contractor shall be the trustee of the
materials/plant/equipment so recovered in accordance with the provisions of
Sub-Clause 4.23, and these shall not on any account be removed from the site
of work and shall, at all times, be open to inspection by the Employer’s
Representative.
All salvaged materials/ plant/ equipment shall be delivered to the nearest
Departmental Store as and when directed by the Employer’s Representative,
and the cost of such services shall be included in the quoted prices. If the
Contractor fails to deliver the materials/ plant/ equipment as required, or if
any items are lost through theft or negligence, he shall be liable to pay the
prevailing market price for such items. The decision of the Engineer-in-charge
as to the price of the salvaged materials/ plant/ equipment, keeping in view
its condition, suitability for re-use, etc., shall be final and conclusive.
Page 137 of 212

SECTION 3
A. FORM OF TECHNICAL PROPOSAL AND

APPENDIX TO TECHNICAL PROPOSAL
B. FORM OF PRICE PROPOSAL AND

APPENDIX TO PRICE PROPOSAL
Page 138 of 212

SECTION 3
A. FORM OF TECHNICAL PROPOSAL AND
Preamble
This Volume 1 Part A , Invitation and Instructions to Bidders, is comprised of 4 parts:
 Section 1, Instructions to Bidders,
 Section 2, General Conditions of Contract
 Section 3, Forms of Technical proposal and Price Proposal,
 Section 4, Schedules of Prices and Schedule of Payments.
All portions of this Volume should be carefully read and thoroughly understood
in the context of all the various conditions of Contract before the forms contained in
Section3, Schedules, are completed by the Bidder. Section 2, General Conditions of
Contract, and Volume II, Technical Specifications and Drawings, describe the
technical requirements for the Works, while the activities listed in the Schedule of
Prices Price Bid, set out the scope of the Works that are to be completed under this
Contract.
In Section 3, Schedules, of this Technical Proposal, the Employer has requested
information on the Bidder’s experience, current financial position and technical
aspects related to execution of the Works. The Bidder shall complete these Schedules
in their entirety so as to enable the Employer to evaluate whether the Bidder is
qualified, and whether the technical aspects of the Bid are substantially responsive to
the requirements set forth in the bidding documents.
Such information shall cover all work described in, or to be implied from, the
Works described in this bidding document, and shall take into account all conditions
of Contract as set out in the Appendix to Technical Proposal under this Section 3. The
Bidder will be responsible to provide any supplementary data and documents
wherever these may be required.
The rates and prices quoted by the Bidder shall cover all work described in, or to
be implied from, the description, conditions and specifications provided in the
bidding documents.
In the event that any part of the Schedule has not been filled out, the cost of
doing the work described in that part will be deemed to have been included in other
parts and that the total bid price covers all the Contractor’s obligations mentioned in
or to be reasonably inferred from the bidding documents in respect of the supply,
delivery, construction, installation, testing, commissioning and completion of the
facilities, including guarantee (defects liability) for the specified period and all other
things required as per the Contract.
Page 139 of 212

The Bidder’s attention is directed to the fact that the Form of Technical
Proposal and Appendix to Technical Proposal contained in this Section 3 are
designed to be complementary to the Form of Price Proposal and Appendix to
Price PROPOSAL as well as with the Schedules contained in Section 4.
All of these referenced Forms, Appendices and Schedules will form a part of the
Contract with the successful Bidder.
In the event that the Bidder discovers any discrepancies or contradictions in
these Sections, the Bidder is requested to bring such discrepancies to the
notice of the Employer before the Bids are submitted so that any necessary
clarifications or addenda can be issued.
Page 140 of 212

The Bidder’s attention is directed to the fact that it is responsible to submit, as a part of its
MSEDC L, AKOLA Proposal,
Technical ZONE all information and supporting documentation that is required to be SECTION 5
BID
submitted in accordance with the instructions given in Section 1,DInstructions
NO: CE/AKLZ/AKL/T/T-19(R)/2018-19 ECLARATION BYto
CONTRACTOR
Bidders. For
the Bidder’s convenience, the following checklist provides a summary of the information that is
required to be provided as a part of the Technical Proposal. However, this checklist does not
necessarily include all items that are required to be submitted, and the Bidder will be fully
responsible to ensure that its proposal complies in all respects with the requirements of these
bidding documents.
Checklist of Documents Comprising the Bid (Technical Proposal)
Reference Sub- Required Submittals
Clause No. (Original and One Copy)
(Section 1)
 3.2 Evidence of Eligibility, as per Clause 5,6
 5.1&6.1 (a) to (d) Satisfactory Evidence of Experience to Meet the Minimum Qualifying
Criteria
 5.1&6.1 (e) Copy of Valid Electrical Contractor’s License
 5.1&6.1 (f) Proof of Registration with GST, or Undertaking to Register
 5.2&6.2 (a) Copies of Incorporation/ Registration Documents
 5.2&6.2(b) Power of Attorney
 5.5 & 6.5 Mandate lettres, complétion certificats, WIP certificats, etc.
 5.2&6.2 (c) Audited Financial Statements & Balance Sheets for Last 3 Financial Years
 5.2&6.2 (d) Up to Date Information on Current Contract Commitments/ Works in

Progress and Financial Resources
 5.2&6.2 (e) Proposals Regarding Work Methods, Scheduling and Resource
mobilization
 5.2&6.2 (f) Registration Certificates for GST
 5.2&6.2 (g) Registration Certificates under PF and Labor Laws
 5.3&6.3 Proof of access to, or availability of, adequate Financial Resources
 5.4&6.4 Demonstration of capability to execute the Works; i.e., personnel, plant,

equipment, machinery, work methods, scheduling, resource
mobilization and understanding of the requirements
 6.5 Copy of JV Agreement indicating the responsibilities of each Partner
(Deleted)
 12.2 Copies of all Addendums
 14.4 & 22.1 Technical Proposal with confirmation of acceptance of Vol-I and II
 14.4 (i) & 19.1 Bid Security
 14.4 (ii) Signed Bid Form for Technical Proposal
 14.4 (iii) Signed Appendix to Technical Proposal
 14.4 (iv) Declaration of Acceptance of Volumes I and II
 14.4 (v) Power of Attorney
 14.4 (vi) Fully Completed Schedules (Section 4) (with all required

attachments)
 14.4 (vii) Any other information/data required to be submitted
Form of TECHNICAL PROPOSAL

(On Bidder’s Letterhead)
Name of Contract: Full Turnkey Contract for System Improvement on High Loss
Feeder
Page 141 of 212

for Works (11 KV Cotton Market & 11 KV Tajnapeth Feeder) under

Akola Urban-I Sub-division .
Contract No: CE/AKLZ/AKL/T/T-19(R)/2018-19
To: Maharashtra State Electricity Distribution Company Ltd.

Represented by the:
The Cheif Engineer,
1st Floor, Vidyut Bhavan,
Ratanlal Plot,
Akola- Pin-444001
Sir:
We have examined the Conditions of Contract, Specifications and Drawings,
Schedules, Addenda Nos. ____ and the matters set out in the Appendix hereto. We
have understood and checked these documents and have not found any errors in
them. We accordingly offer for System Improvement work; i) Replacement of LT O/H
Line by LT Aerial Bunched cable ii) Providing of Mid Pole in existing Long span LT Lines,
while conversion as above, on High Loss feeders (11 KV Cotton Market & 11 KV
Tajnapeth Feeder) under Akola Urban-I Sub-division Areas of Akola Urban Division, of
Akola Circle and other allied works on Full turnkey basis, as defined in the bid
document, as well as remedy any defects and guarantee the entire completed
facilities against any defects in materials, workmanship and equipment for period
specified in Bid Documents, after completion, fit for its purpose in conformity with
these documents and the enclosed Proposal.
We hereby declare that we accept all the terms, conditions, specifications and
all other matters set forth in: (i) Volume I Part A : Invitation & Instructions to
Bidders, General Conditions of Contract; Form of Price Proposal and Schedules (iii)
Volume I Part B: Declaration By Contractor, sample Forms and Criteria for Approval
of Vendors; and (iii) Volume II:- Technical Specifications, Standard Drawings, and
agree that these will form a part of the Contract if we are selected for award of
Contract.
We have submitted price bids for Tender Nos. _ _ . We have submitted
complete details of our technical and financial capabilities for establishing our
eligibility to undertake works on all these tenders. However we hereby confirm that
we accept that the Employer’s decision on our eligibility to undertake the works in
accordance with the requirements set out in the Invitation for Bids will be final and
binding on us, and that we will not raise any objection should the Employer decide to
reject our Bid for one or more Tenders on the grounds that we do not satisfactorily
meet the minimum qualifying criteria.
This Bid and your written acceptance shall be the basis for Contract
Agreement. We understand that you are not bound to accept the lowest or any bid
you receive or assign any reason thereof for the rejection.
We agree to keep this bid open for acceptance for a period of 120 days from
the date of opening thereof and also agree not to make any modification in the terms
and conditions on our own accord. We further agree to sign an Agreement to abide
by the Conditions of Contract and carry out all works according to specific clauses.
We accept that Dispute Resolution procedures in accordance with Clause 20
of Section 2, General Conditions of Contract, will be used for settling any disputes
Page 142 of 212

that cannot be mutually agreed with the Employer, and confirm that we specifically
agree that Arbitration proceedings will be applicable for resolving any disputes.
Yours faithfully
Signature ______________________
in the capacity of _________________ duly authorized to sign bids for and on behalf of
____________________________________________________________
Address: __________________________________
Page 143 of 212

The Bidder’s attention is directed to the fact that it is responsible to submit, as a part
of its Price Proposal, all information and supporting documentation that is required
to be submitted in accordance with the instructions given in Section 1, Instructions
to Bidders.
For the Bidder’s convenience, the following checklist provides a summary of the
information that is required to be provided as a part of the Price Proposal. However,
this checklist does not necessarily include all items that are required to be submitted,
and the Bidder will be fully responsible to ensure that its proposal complies in all
respects with the requirements of these bidding documents.
Checklist of Documents Comprising the Bid (Price Proposal)
Reference
Sub-Clause
Required Submittals
No.
(Original and One Copy)
(Section 1)
 14.5(iii) & Declaration of acceptance of all the contents set forth in

22.1 SECTION 4 PART A.
 14.5 (i) Signed Bid Form for Price Proposal
 14.5 (ii) Signed Appendix to Price Proposal
 14.5 (iv) Completed Schedules of Prices: Schedules 1, 2, 3 & 4.
 14.5 (v) Any other information/data required to be submitted
 22.2 Any alterations or corrections made in the Schedules are to
be initialed by the person or persons signing the Bid
Note: With the exception of the items for which the Employer's requirements have been inserted, the
following information must be completed before the Bid is submitted
Page 144 of 212

Sub-Clause
Description (Section 2) Contract Data

Represented by the:
The Chief Engineer
Employer's Name and Address 1.1.2.1
Akola Zone,
1st Floor, Vidyut Bhawan, Ratanlal Plot, Akola
Pin-444001, India
Contractor's Name and Address 1.1.2.3 (To be completed by the Bidder before the Bid is
submitted)
Name and Address of the Employer's 1.1.2.4

The SDO of concerned Sub-Division
Representative
Time is of the essence under this Contract. The Works

shall be completed within Twelve (12) months including
Monsoon period from Date of award of Contractor ,and
Time for Completion of the Works 1.1.3.4
the Contractor shall be required to achieve pro-rata
progress on all components of the works throughout the
Contract Period in accordance with the Indicative
Milestone Chart.
The defect liability period of the works including the
material other than the Major items is 24 (Twenty Four)
months starting from the date of completion of project by
1.1.3.5, Employers representative whereas the Guarantee period
Guarantee (Defects Liability) Period 1.1.6.12, of individual major equipments listed in clause 12.11
4.2.d against design, manufacturing and workmanship shall be
for the period of 36 (Thirty Six Months) from the date of
completion of defect liability period.
Up to the end of a period of 24 (twenty four) months

after completion of the Works (date of issue of the
1.1.3.6
Contract Period Taking-Over Certificate for completion of the last Section)
& 12.9
Upon successful completion of the Contractor’s obligations,
the Employer shall issue a Final Contract Completion
Certificate accordingly.
Page 145 of 212

1.1.3.8 Deleted
Milestone (Deleted)
For the purposes of this Contract, Section means any part

or parts of the Works that will – when completed and
commissioned - work together as an integrated unit,
capable of providing service to MSEDCL’s customers.
Sections will be defined based on the principle that
completion of each Section will enable MSEDCL to provide
new or improved services to the customers that are
serviced by that Section. For example, one “Section” may
include a substation complete with incoming and
outgoing lines, to provide improved service to the
customers. The Sections under this Contract are to be
finally identified and agreed between the Employer and
Contractor during preparation of the Construction
Programme, and approved by the Employer’s
Section of the Works 1.1.6.14 Representative.
The whole of the Works shall be completed within the
Time for Completion of the Works as provided in the
Contract. Earlier completion of individual Sections will be
required to be done in accordance with the approved
Construction Programme, which is to be based on the
Indicative Milestone Chart provided in Annexure 1.
The Engineer will issue Taking-Over Certificates for each
Section upon successful completion of the related Works
and Pre-commissioning of the facilities, and issue
Performance Certificates upon Commissioning. The
Contractor’s responsibility for guarantees of the entire
Sections during the guarantee (defects liability) period
will commence from the date of issue of the final Contract
completion Certificate by the Employer’s Representative.
Within 14 (Fourteen) days from the date of Letter of
Award, the successful bidder shall sign the Form of
Contract Agreement on Stamp Paper (non-judicial) borne
Sec 1 by the contractor as per the rate specified in Bombay
Signing of the Contract Agreement
Clause 40 Stamp Act 1958 issued in Maharashtra and return it to the
Employer. Separate agreement shall be executed for the
contract.1) Material Purchase 2) Execution, Testing &
Commissioning of Activities.
Website announcements from Employer’s side, and
Facsimile transmissions from bidder’s side will be an
acceptable form of written electronic transmission,
provided that (i) clear receipt of such fax is confirmed
Electronic Transmission Systems 1.8
through a telephone call to the intended recipient, and (ii)
the original signed letter is received by the recipient
within 7 days of issue.
Time for Access to the Site 2.2 Commencement Date, grant right of access to and give
possession of the whole Site or such parts of the Site as are
sufficient to enable the Contractor to commence and
proceed with the execution of the Works in accordance
with the approved Construction Programme.
The Employer shall, from time to time as the work
proceeds, give the Contractor possession of such further
portions of the Site as may be required to enable the
Contractor to proceed with the execution of the Works
with due diligence in accordance with the agreed program
or proposals, as the case may be.
In the event that any part of the Site is not handed over to
the Contractor in accordance with the agreed program or
schedule the Contractor and Employer shall mutually agree
on modifications to the approved Work Plan so that the
Contractor does not incur delay or additional Cost, and can
Page 146 of 212

continue with work on other parts of the Site which are

available to him.
The Contractor shall submit to the Employer the Security
Time for Submission of Security Deposit. 4.2, 12.11 deposit within 14 (Fourteen) days after receipt of the
Letter of Award. As specified in clause no 4.2 & 12.11.
The Security deposit shall be in the amount equivalent to
10% (ten percent) of the Contract Price. Amount and
validity of separate security deposit required in connection
with the major equipments listed shall be calculated, two
Amount of Security Deposit. 4.2 (g)
months prior to completion of contract work.
4.2 (j)
All Bank Guarantees shall incorporate provisions for a
claim period which is 120 Days beyond the validity of
the guarantee, and shall be extendable for further
periods if required.
The Performance Bank Guarantee will be generally
released to the Contractor within 30 days after completion
of all works, successful commissioning of all
Return of Security Deposit. 4.2 (h)
section/facilities, end of Guarantee period (defect liability
period) or the issue of the Final Contract Completion
Certificate whichever is later.
The Contractor shall submit the Construction Program to
the Employer’s Representative within 7 (seven) days of
signing the Agreement. the order in which the Contractor
proposes to carry out the Works (including each stage of
design, procurement, manufacture, delivery to Site,
construction, erection, testing and commissioning);
all major events and activities in the production of
Time for Submission of Construction Construction Documents;
4.15
Program
the scheduled date for completion of all Milestones, as
approved by the Employer’s Representative;
the periods for the pre-construction reviews under Sub-
Clause 5.2 and for any other submissions, approvals and
consents specified in the Contract Documents; and
The sequence of all tests specified in the Contract.
VI. If the Contractor fails to comply with Sub-Clause 8.2, the Contractor shall
8.6 pay to the Employer Liquidated damages for delay to be
(First Para) calculated at a rate of 0.5% (Half percent) of the value of
Liquidated Damages for Delay the works (activity wise) delayed excluding Taxes (if any)
for every week or part of the week which shall elapsed
between the stipulated time for completion of the works
and date stated in taking over of the certificate of the
works.
d) The Liquidated Damages for the delay applicable

to individual activity shall not be attributed to the
8.6 contractor subject to the condition specified in the clause
(Second Para 19 “ Force Majeure” and the mutually agreed genuine
Limit of Liquidated Damages for Delay causes brought on the records thereof by the contractor.
& Third
Para) e) Further L.D for Works not executed due to the
reasons attributed to the contractor, Maximum 10% on
value of unexecuted work shall be levied in addition to
RISK AND COST.
Page 147 of 212

f) 8.7 h) Deleted
Interim Penalty for Delay (Deleted)
g) (b)
If the Works, or a Section, fail to pass a Test after

Completion and the Contractor in consequence proposes
to make any adjustment or modification thereto, the
Employer's Representative may instruct the Contractor
that the Employer does not wish such adjustment or
modification to be made until a time that is convenient to
the Employer. In such event, the Contractor shall remain
liable to carry out the adjustment or modification, and to
satisfy such Test within a reasonable time of being
notified to do so by the Employer's Representative. If,
Liquidated Damages for Failure to Pass the however, the Employer's Representative fails to give any
Tests After Completion. such notice during the Contract Period, the Contractor
11.4 shall be relieved of any such obligation and the Works or
Section (as the case may be) shall be deemed to have
passed such Test after Completion.
If the Contractor incurs additional Cost as a result of any
unreasonable delay by the Employer in permitting access
to the Works or Plant by the Contractor, either to
investigate the causes of failure to pass a Test after
Completion, or to carry out any adjustments or
modifications, then the Contractor shall be paid the
additional Cost, plus reasonable profit, caused by such
delay.
The Contractor shall affect professional indemnity

insurance, which shall insure the Contractor's liability by
reason of professional negligence in the design of Works.
The Contractor shall insure all his personnel, Tools and
Plants, etc. and shall also take a third party liability cover
to indemnify the Owner of all liabilities which may come
up due to any act or omission on the part of
contractor and cause harm/damage to other
contractor/representatives of Owner or all or anybody
rendering service to the Owner or is connected with
Owner's work in any manner whatsoever. The Contractor
shall necessarily indemnify the owner in all these respects
and the indemnification and insurance policy shall be to
Amount of Insurance for Design 18.1 the approval of Engineer.
If the total liability exceeds Rs.10/- lakhs prior to
completion of the work then the Contractor shall arrange
to renew the policy for the same amount to cover the
balance completion period. However, irrespective of the
value of the policy, the Contractor shall indemnify the
Owner for all liabilities.
The Contractor shall use his best endeavors to maintain
such professional indemnity insurance in full force and
effect throughout the periods of his liability, under the
Contract and under the law of Country. The Contractor
undertakes to give the Employer reasonable notice in the
event of such difficulty (if any) in extending, renewing or
reinstating such insurance.
Page 148 of 212

The Contractor shall insure against liability to third

parties, in the joint names of the Employer, the Contractor
and Subcontractors, for any loss, damage, death or bodily
injury which may occur to any physical property (except
Insurance against Injury to Persons and things insured under Sub-Clause 18.2) or to any person
18.3
Damage to Property (except persons insured under Sub-Clause 18.4), which
may arise out of the performance of the Contract and
occurring before the issue of the Performance Certificate.
Such insurance shall be for a limit of not less than the
amount specified.
The Contractor shall provide the Employer with evidence

Period for Submission of Evidence of
18.5 that the insurances required under Clause 18 Section-2
Insurance
(Sub-Clauses 18.2, 18.3) have been effected not later than
the date of signing the Contract Agreement.
The Contractor shall provide the Employer with copies of
Period for Submission of Copies of the
the policies for the insurances described in Sub-Clauses
Policies 18.5
18.2 and 18.3 within 7 (seven) days after the Date of
signing the Contract Agreement.
The dispute resolution committee shall be constituted
with one member each representing the bidder, the
Dispute Resolution Committee. 20.3 MSEDCL. In case the Dispute resolution committee fails to
resolve the dispute, the matter shall be resolved by
arbitration as stipulated under the arbitration act 1996.
In case the Dispute resolution committee fails to resolve
Arbitration 20.4 the dispute, the matter shall be resolved by arbitration as
stipulated under the Arbitration Act 1996.
Bidder’s Signature:
________________________________
(Seal)
Page 149 of 212

FORM OF PRICE PROPOSAL

(On Bidder’s Letterhead)
Name of Contract: Full Turnkey Contract for System Improvement on High Loss
Feeders ( 11 KV Cotton Market & 11 KV Tajnapeth Feeder) under
Akola Urban-I Sub-division.
Contract No: CE/AKLZ/AKL/T/T-19(R)/2018-19
To: Maharashtra State Electricity Distribution Company Ltd.

Represented by the:
The Chief Engineer,
Ratanlal Plot,
Akola- Pin-444001
Sir,
We have examined the Conditions of Contract, Specifications and Drawings,
Schedules, Addenda Nos. ______ and the matters set out in the Appendix hereto. We
have understood and checked these documents and have not found any errors in
them. We accordingly offer to execute and complete and guarantee the said Works
and remedy any defects, fit for its purpose in conformity with these documents and
the enclosed proposal, for the sum of Rs. ________________ (Rupees ______________________
only), excluding the costs of GST (if any), or other such sums as may be determined
in accordance with the terms and conditions of the Contract. The above amounts are
in accordance with the Price Schedules herewith enclosed which form a part of this
bid.
We agree to abide by this Bid until __________________, 2019 [insert the date 120 days
after the date of opening of the Technical Proposal], and it shall remain binding upon
us and may be accepted at any time before that date. We acknowledge that the
Appendix to Price Proposal and Appendix to Technical Proposal form part of our Bid.
[ The following is only for Bidders who are submitting price bids against more
than one Tender and who wish to offer a discount in the event that they are
awarded more than one contract ]
We hereby advise that we are concurrently submitting Price Bids for: (1) Tender No.
___ for Works in ________ Sub-Dn.; (2) Tender No. ___ for Works in ________ Sub-Dn.
(etc.). In the event that we are determined to be eligible for award of this contract
and one or more of the other contracts we are pleased to offer the following
discounts for concurrent award of this contract plus one or more of the other
contracts:
1. Award of this Contract plus one other Contract: ____ % reduction in our
quoted price for this Contract.
2. Award of this Contract plus two other Contracts: ____ % reduction in our
quoted price for this Contract.
Page 150 of 212

If our Bid is accepted, we will provide the specified Security Deposit, commence the
Works as soon as reasonably possible after receiving the Notice to Commence, and
complete the Works in accordance with the above-named document within the time
stated in the Appendix to Technical Proposal.
Unless and until a formal Agreement is prepared and executed, this Bid, together
with your written acceptance thereof, shall constitute a binding contract between us.
We understand that you are not bound to accept the lowest or any bid you may
receive.
We are, Gentleman
Yours faithfully
Signature __________________________
in the capacity ______________________duly authorized to sign bids for and on behalf of

______________________________________________________ .
Address:
___________________________________________________________
____________________________________________________________
Page 151 of 212


[Note: With the exception of the items for which the Employer's requirements
have been inserted, the following information must be completed by the bidder
before the Bid is submitted]
Sub-
Clause
Description Contract Data
(Section
2)
Maharashtra State Electricity
Distribution Co. Ltd.
Represented by the:
1.1.2.1 The Chief Engineer
Employer's Name and Address
& 1.8 Maharashtra State Electricity Distribution
Co. Ltd. Akola Zone,
1st Floor, Vidyut Bhawan, Ratanlal Plot,
Akola
Pin-444001, India
Contractor's Name and Address 1.1.2.3 (To be completed by the Bidder before
& 1.8 the Bid is submitted)
Name and Address of the

1.1.2.4 The SDO of Concerned Sub-Division
Employer's Representative
& 1.8
Foreign Currency 1.1.5.3 Not applicable for this contract

System improvement works for to reduce
losses on High Loss Feeders has been
approved by Competent Authority vide
1.1.2.8
Financing Agency resolution 1324 Dtd. 11.06.2018 and the
& 13.1
said work has to be executed under system
improvement works in statutory towns
under IPDS Scheme.
Percentage of Retention 05% from each interim payment
Limit of Retention Money 05% of the contract price
Payment will generally be made within 45
Payment disbursement 13.6 days of submission of the bills by the
contractor. (As per availability)
Signature of Bidder:
_________________________________
Page 152 of 212

SECTION 4
SCHEDULE OF PRICES AND PAYMENTS
Index to Schedules
Schedule No. Particulars

Preamble
Schedule 1: Grand Summary
Schedule 2: Supply and Installation of Plant and Equipment
Schedule 3: Schedule of Payments (if applicable)
Note: The Bidder shall sign all the Schedules of Prices and submit as a part of the
Price Proposal. All works, goods and services supplied from within India should
be denominated in Indian Rupees only.
Page 153 of 212

Preamble to the Schedule of Prices

1. Scope
a. The Contract is a single point responsibility divisible contract, to be implemented
on a “Full Turnkey” basis, System Improvement work; i) Replacement of LT O/H Line by
LT Aerial Bunched cable ii) Providing of Mid Pole in existing Long span LT Lines, while
conversion as above, on High Loss feeders (11 KV Cotton Market & 11 KV Tajnapeth
Feeder) under Akola Urban-I Sub-division Areas of Akola Urban Division, of Akola Circle.
All works essential to arrive at the goal are part of the contract. The specifications
and the price schedules endeavor to cover all the essential features of the Contract.
However, if any items are missing and have not been included in the schedules and
are essential for satisfactory completion of the Works and guarantee during the
guarantee (defects liability) period, such work will be deemed to have been included
as a part of the Contract Price under the prices quoted for other items.
b. The Bidder is required to acquaint himself about the site conditions, access to the
Site, and availability of sites for his constructional plant and equipment. The
successful bidder will be required to provide suitable access to the work sites and
arrange for working space, materials storage sites, etc., within the quoted prices.
2. Schedules
a. The Schedule of Prices is divided into three Schedules (Schedules 1 to 3) for
convenience, of which Schedule 1 summarizes the totals of the Schedules 2 and 3.
The estimated cost of Goods and Service Taxes (GST) chargeable to the Employer, if
any, shall be shown separately in the Bidder’s quotation in each Schedule; these will
not be taken into consideration during bid evaluation but will form a part of the
Contract Price with the successful bidder and will be paid “as specified in Section-1”
during implementation.
b. The Price Schedules shall be completed in the following manner, or as may otherwise
be provided in the bid document.
(a) Schedule1, Grand Summary (showing Goods and Service Tax as
separate line items). (The Bidder shall quote his price on a percentage
basis against the total cost of the Employer’s Estimate. Bidder should
not quote separate rates for Cost of Material and Services. The rate
should be quoted on the total estimated cost only. The rate must be
exclusive of Goods and Service Tax except for civil works for which the
cost shall be inclusive of all the taxes. Any deviation in this will make
the offer submitted by the bidder liable for rejection.)
(b) Schedule 2, Supply and Installation of Plant and Equipment
manufactured or fabricated either within or outside the Employer's
country. The cost of doing this work is sub-divided into two
components (The sub-totals shall be added together to obtain a
total price for each Activity.):
i. Part 1: Cost of Material. Under the Supply component, the
price shall be quoted on an ex-factory, ex-works, ex-warehouse
or off-the-shelf basis, as applicable, including all duties and
taxes paid or payable by the Contractor except GST.
ii. Part 2: Cost of Transportation, Installation, Erection,
Commissioning & Guarantee. Under this component, the
Page 154 of 212

quoted price shall include all costs for insurance, design,

transportation and handling cost for delivery from the point of
supply upto the site of the works, storage and safekeeping,
erection, installation, testing, commissioning, provision of as-
built drawings and operating manuals, guarantee during the
guarantee (defects liability) period, and all other things
required under the Contract for successful completion of the
facilities, including all taxes & duties except service tax.
The column headed as “Total for Supply and Installation” provides the
sum of Part 1 and Part 2. (Excluding GST).
(c) Schedule 3, Schedule of Payments, presents the Bidder’s estimate of
the payment requirements after the Commencement Date and is to be
prepared in consonance with the Work Plan submitted by the Bidder in
the Technical Proposal. While giving the requirement, the bidder
should consider the quoted price + estimated amount of Goods and
Service Tax
The quantities provided in the Schedule of Prices represent the Employer’s
best assessment of the scope of the work required to be taken up, and will be
used for bid evaluation purposes. Nevertheless, activity wise total quantities
that are indicated in the Schedules may be subject to change during execution
of the Contract, and payment will be made for the work actually executed at
the Contract rates.
The amount to be paid to the Contractor shall be calculated by applying the
percentage quoted by the Contractor to the unit cost shown in the tender cost
data for that item.
The Works which fall into the category of “Item Rate” shall be paid on the
basis of the unit rates quoted by the successful bidder and the quantities
actually executed against such items.
c. All applications for Variations shall be submitted by the Contractor for
approval by the Employer’s Representative. If the proposal is approved by the
Employer, he shall proceed in accordance with sub-clause no. 3 to agree or
determine adjustments to the Contract Price and Time for Completion.
Approval to such proposal shall be subject to the condition that the
Contractor can satisfactorily demonstrate that the cost of doing the work, or
the time required to complete all Works under the Contract, has changed as a
result of the variation in quantities.
Nomenclature of Items in Schedules:
i The prices of various Activities/ items of work are to be quoted as a
common Percentage Variation against the Employer’s Estimate, in the
manner as described in the Schedules.
ii Activities for which quantities are shown on an item rate basis shall be
paid based on measurement in the units as prescribed for the work
actually carried out.
iii Activities which are described on a lump sum basis are to be carried
out in full as per the details provided in the nomenclature, as specified in
the Schedules and elsewhere in the document, and as per normal and good
Page 155 of 212

engineering practice to ensure its completeness and functionality. This

will also include all necessary finishing and site clearance.
iv. The Bidder is advised to examine all instructions, forms, terms,
specifications and other information in the bidding documents and
consider and evaluate fully the price implications therein contained before
filling the lump sum prices.
v. The Schedules do not necessarily give a full description of the Plant
and Equipment to be supplied and the services to be performed under
each item. Bidders shall be deemed to have read the Specifications
and other sections of the bidding documents and reviewed the drawings to
ascertain the full scope of the requirements included in each item
prior to filling in the rates and prices.
vi. With reference to the preceding Sub-clause (iii), the Bidders’
attention is directed to the fact that the Employer’s estimate of the scope
of work required for completion of any Activity described in the
Schedule of Prices is based on the standard, or optimal work usually
required to complete such item. The Bidder is required to assess the site
conditions and make his own assessment of the work required to
complete the particular Activity and to make allowances for any additional
work that may be reasonably required to complete that item in his quoted
rate, considering the nature of the work, site conditions and the basis upon
which such work is to be paid (i.e., per km; per completed unit, etc.). No
additional payment will be made in case the actual quantities of the
different components required to complete any pay item/ Activity
exceeds the quantities indicated in the Employer’s estimate, and no claim
for extra cost will be entertained on the basis that the Bidder did not
properly assess the requirements.
vii. Any items that are not specifically mentioned in the schedule or
specifications, but which are required to be carried out for satisfactory
completion of the item as per good engineering practice, shall be
deemed to form a part of the scope of the relevant item. The tendered
rates and prices shall be deemed to include for the full scope as
aforesaid, including overheads and profit. The Employer may decide
during execution of the Contract to delete any activity totally from the
scope of the Contractor.
viii. Sundry and miscellaneous works are required to be done to complete
the work under any particular schedule or part thereof. The Bidder is
required to include the costs of all such work in his tendered prices for the
relevant activities, and the Employer will not be liable for any additional
costs that may be incurred for satisfactory completion of the work.
ix. Goods and Service Taxes chargeable to the Employer (where
applicable) are to be indicated separately, and will be paid at actuals by
the Employer. Based on current law it is expected that the different types
of works under the Contract will be subject to Goods and Service Tax at
the following rates.
Page 156 of 212

The evaluation of Price bid is to be done considering the cost of Materials ,

Cost of services quoted by the bidder, Further the bidder has to give the
details of GST tax so as to calculate total cost of company, therefore for
evaluation of price bid the bidders should submit the details of taxes to be
charged to the company in the prescribed format below:
Format for Segregation of Taxes
Sr. Particulars value GST CST Total Quoted

No Percentage Percentage Price
(value in 2% (Already
Rs) Included in
estt)
1 2 3 4 5 6= (3+4+5)
A Part 1 Cost of Materials
Intra State (Within

Maharashtra state
Inter State (Out of

Maharashtra State)
Sr. Particulars Value GST on service portion Total Quoted Price

No. Labour Portion @ ---% (Rs.)
& Value (Rs.)
1 2 3 4 5
Part-2 Cost of
Transportation, Erection,
B Installation,
Commissioning and
Guararntee
Sr. Particulars Total Quoted Price (Rs.) Inclusive of all taxes

No
1 2 3
Total Quoted Price = A+B

x. The Bidder shall be deemed to have included in his tendered prices
provisions for all things necessary for completing the item in accordance
with the specifications and terms of the biddings documents, including but
not limited to final design and working drawings, site clearance,
maintenance during construction, licenses, fees and permits, provision for
and removal of all temporary works of whatsoever nature required for
construction including temporary accesses, barricading, traffic diversions,
Page 157 of 212

diverting water and pumping, testing, pre-commissioning, commissioning,

site restoration and cleanup upon completion, and guarantee of the
facilities after completion during the Guarantee Period.
xi. The prices shall also be deemed to include any works and setting
out that may be required to be carried out for laying out of all the works
involved, liaison with the State Electricity Board and other Government/
Regulatory bodies for obtaining clearances/ approval, and co-ordination
among various Government/ Regulatory bodies.
3. Measurements
a. Measurements for the various items/ Activities of work will be carried out as per
the stipulations in the Specifications, BIS and standard engineering practices, as
applicable.
b. Measurement for Lump Sum Activities such as new substations, switching
stations, DTCs of varying capacities, etc., will be based on the completed
installations as-a-whole, and payments will be made accordingly for the fully
completed Facilities forming the useful sections covered in the milestone chart
agreed after award of contract except for major items.
c. Measurement for Unit Rate Activities such as HT and LT lines, etc., will be based
on the unit specified is the Schedule of Prices (i.e., each, per km, etc.) for complete
installations.
d. Measurement for Unit Rate items/ Activities which do not have clearly defined
quantities, such as general civil works, will be based on the unit specified in the
Schedule of Prices, and payment will be made for work actually carried out for
completing the useful sections as per agreed milestone chart.
e. All the steel structures including Rolled Steel Joists (RSJ) etc. which are not
galvanized, shall be painted with two coats of red oxide and two coats of
aluminium paint. The bottom portion of the RSJ poles shall be painted with black
bituminous paint. This requirement needs to be complied though not
mentioned specifically in the technical specification.
f. The cost of fabrication of all steel structure shall be considered as included in the
estimated cost of services, as shown in the cost data sheets.
g. In case of Augmentation of distribution transformers, the estimated cost of
services for new transformers, as shown in the cost data sheet shall be
considered as inclusive of the cost of dismantling of the old transformers.
h. In case of entire R & M work, the estimated cost of services shall be considered as
inclusive of cost of dismantling of old equipment/material, its transport to the
Employer’s stores and handing over of the same to the Stores Incharge.
i. All excavations required for under ground cables, poles, earth pits etc; in any
condition of roads, foot paths, sub stations, shall be considered as included in the
cost of services against that item.
j. Wedge connectors conforming to the specifications given in the Volume II of the
bidding documents shall be used in the construction of LT / HT lines and
substations upto the conductor size of 0.1 square inch ACSR ( DOG ) in place of
binding & crimping.
k. RMUs should be used as a Motorized and compatible to SCADA system.
Page 158 of 212

l. Hot deep galvanized (HDG); half threaded nut-bolts of required suitable size
should be used for erection works.
m. If the SMC distribution boxes and spring Load box as utilized during the execution
the rate specified in the tender documents shall be given.
n. Wedge connectors shall be used during construction for jumpers at cut points, T-
connections as well as vertical drops in Distribution Transformer Centers ( DTC’s
)
For conductors of size 0.2 sq. inch, crimping of all joints by compression method
shall be used in construction of lines as well as substations.
o. (Deleted.) L.T, C.T, and AMR DTC Meter Box should be without Modem however,
DTC Meter Boxes should have provision of MODEMs installation to access the
proper signaling. While bidding quote accordingly, but no change in cost shall be
paid during actual billing. Technical specifications are already uploaded along
with Tender Document in Volume II.
p. (Deleted.) The DTC meter should have LT AC three phase 4 wire CT/PT operated
fully static AMR compatible Tri-vector meter with RS-232 Port.
q. Betonite Powder may be used instead of Charcoal, salt etc. for earthing with
sufficient quantity so as to maintain proper earth resistance as per IE rule as
specified in activities. If not considered in activities, then it assumes to be
included in sundry charges but no extra payment made for it.
Bidder can use Aluminum Bus Bar or any other material instead of Copper Bus
Bar in Distribution Box, However it should have same current carrying capacity
as that of copper. The Bidder may procure from the vender who is approved for
supplying the DB with Aluminum Bus Bar in any other distribution utilities are
allowed with valid type test.
Page 159 of 212

Section 5
Declaration by Contractor
Page 160 of 212

SECTION 5
DECLARATION BY CONTRACTOR
Index
Schedule No Particulars
Preamble and Instructions to Bidders
Part 1: Experience and Financial Qualifications
I Application for Qualification
II Summary of Bidder’s Qualifications
III Bidder Information Sheet
IV JV Information Sheet (Deleted)
IV (a) Joint Venture Agreement (Sample Format) (Deleted)
V (A) Experience as Prime Contractor
V (B) General Construction Experience (With format for Employers’
Certificate)
VI Specific Construction Experience (With format for Employers’
Certificate)
VII Bidder’s Certification
VIII Annual Turnover
IX Financial Situation
X Financial Resources
XI Current Contract Commitments / Works in Progress
XII Pending Litigation
Part 2: Technical Qualifications
XIII Declaration on Eligibility of Plant and Equipment

XIV Personnel
XV Site Organization
XVI Contractor’s Plant and Construction Equipment
XVII Method Statement
XVIII Construction Schedule
XIX Quality Assurance and Quality Control Plan
XX Safety Plan
XXI Environmental Quality Management Plan
Page 161 of 212

PREAMBLE AND INSTRUCTIONS TO BIDDERS
(1) Bidders are required to provide full and complete information in the requested
format in the following Schedules, signed and sealed on all pages. Incomplete
submissions may be subject to rejection as per the Instructions to Bidders (ITB)
Sub-Clause 28.1.
(2) All Schedules are required to be completed, but Bidders should not restrict
themselves to using the space that is provided. Photocopies of the following
Schedules will be acceptable, and Bidders will be responsible to provide
additional sheets/pages and supplementary information wherever required. In
the event that any particular Schedule or item in the Schedule is not applicable,
the same should be clearly indicated.
(3) The Bidder shall submit an “Application for Qualification” letter, on his
letterhead, in the format provided in Schedule I. In order to assist the Employer
in its evaluation, Bidders shall also complete and submit the “Summary of
Qualification Information” in the format provided in Schedule II.
(4) Bidders shall submit adequate proof in support of their experience claims in the
form of Work Orders, Completion Certificates, etc., failing which their experience
claims will not be considered for evaluation. All documents related to the
Bidder’s financial status (audited financial statements, annual turnover, net
worth, working capital, access to financial resources, etc.) shall be certified by an
independent Chartered Accountant. Documents submitted without the
required Certification will not be considered for evaluation.
(5) All pages of the Bidder’s submission shall be numbered for ease of reference, and
the Bidder shall provide an Index to his submission. All Annexure with pre-
printed information (i.e., documents defining the firms’ constitution; audited
financial statements/ balance sheets; manufacturers’ data; etc.) shall be clearly
numbered as Annexure 1, Annexure 2, etc., and listed in the Index.
(6) The information provided by the Bidder will be used for evaluation of the
Technical Proposals to assess the qualifications of the Bidder pursuant to the
requirements of Section 1, Instructions to Bidders (ITB) Clauses 3 and 5, the
overall responsiveness of the Bid to the terms and conditions of bidding, and the
suitability and conformity of the offer to the requirements of the Bidding
Documents.
(7) Whatever technical specifications are proposed or considered by the Bidder, all
equipment provided by the successful bidder shall conform in all respects to the
specifications of the tender documents, or better, and shall be subject to the
approval of the Employer’s Representative.
(8) The Bidder should only consider makes from reputed manufacturers of
equipment corresponding to the state-of-the-art technology and to the latest
international / Indian standards. Plant and Materials supplied from within India
shall be procured from the Vendors, as satisfying the criteria set forth in Sec 8 of
Vol I. Plant and Materials supplied from outside India shall be procured only
from reputed manufacturers, approved by MSEDCL, who have an established
presence in India, including representative offices and service centers in
Maharashtra, and whose manufacturing standards and finished goods conform
in all respects to the specifications of the tender documents, or better.
(9) Changes in the approved manufacturer/ vendor by the successful Bidder after
award of Contract will be permitted subject to the fulfillment of the criteria as
stipulated in Sec 8.
(10)The Bidder shall be wholly responsible to ensure that his offer is compete in all
respects, and that all Plant, Equipment and Works which are required to be
provided, and which are deemed to be necessary by the Employer, are
incorporated into his offer.
Page 162 of 212

(11)Information provided by the Bidder in these Schedules will be used to assist in

evaluation of the Bid. However, acceptance of the Bidder’s proposal for the
purposes of bid evaluation should not be construed as approval by the Employer.
All details will subsequently be subject to approval of the Employer’s
Representative during execution of the Works based upon the detailed designs/
drawings/ data-sheets/ specifications/ manufacturer’s credentials, details of
Sub-contractors, agreements with Sub-contractors, necessary resources in terms
of personnel, plant and equipment, construction methodology, work plan, safety
plan, procurement plan, QA/QC plan, financing plan, etc., that are required to be
submitted by the successful bidder in conformity with the terms and conditions
of the Contract for independent assessment and approval by the Employer’s
Representative before execution.
Page 163 of 212

Schedule I
Application for Qualification
(To be Submitted on Bidder’s Letterhead)
Date:-________________ 2018
Name of Contract: System Improvement on High Loss Feeders (11 KV Cotton Market & 11
KV Tajnapeth Feeder) under Akola Urban-I Sub-division.
Tender No: CE/AKLZ/AKL/T/T-19(R)/2018-19
To:
The Chief Engineer,
Ratanlal Plot, Akola-444001
We, the undersigned, herewith submit our application for qualification for the referenced
contract for the System Improvement on High Loss Feeder (11 KV Cotton Market & 11 KV
Tajnapeth Feeder) under Akola Urban-I Division of Akola Circle under IPDS Scheme on
“Full Turnkey” basis.
We hereby declare the following:
(a) We have examined and have no reservations to the Bidding Document and the
Qualification Criteria set forth under Clauses 3, 5 and 6 of the Instructions to Bidders
(ITB), including Addenda No(s) ____ issued in accordance with ITB Clause 12.
(b) We confirm that our bid is fully complying with the bidding document without any
deviation. We are fully aware that conditional bid will not be accepted by the Employer.
(c) We have submitted price bids for Tender Nos_____. Our Technical Proposal includes all
the details of qualifying criteria.
(d) We, including any subcontractors or suppliers for any part of the contract resulting from
this qualification, do not have any conflict of interest in accordance with ITB Clause 7.
(e) We, including any subcontractors or suppliers for any part of the contract resulting from
this application, have not been declared ineligible by the MSEDCL, World Bank, Asian
Development Bank or any State utilities within India in accordance with ITB Sub-Clause 3.3
and 42.1(c).
(f) We are submitting only one Bid, against any individual Tender and we do not have any
Conflict of Interest as defined in ITB Clause 7.
(g) We have filled in and submitted Schedules I to XVIII and under take to submit Schedules
XIX, XX and XXI before signing of Contract Agreement. We certify that the information
provided in the accompanying Schedules and the Annexure thereto is complete and
accurate, and that we understand that any misrepresentation of facts will be grounds for
rejection of our Bid.
(h) We understand and accept that, in accordance with ITB Clause 38, you are not bound to
accept any bid that you may receive, and that you may reject any or all bids at any time prior
to award of Contract without thereby incurring any liability to the affected bidder or any
obligation to inform the bidder of the grounds for the Employer’s action.
In connection with our Bid, we hereby grant MSEDCL the authority to seek references from
our Bankers to the extent required to confirm the information that we have provided in
Schedule X, Financial Resources.
Name .......................................................................................................................................................................................
In the capacity of ................................................................................................................................................................
Signed .....................................................................................................................................................................................
Duly authorized to sign the Application for and on behalf of .........................................................................
Date .........................................................................................................................................................................................
Page 164 of 212

Schedule II
Summary of Qualification Information
Table 1
Basic Data for Financial Evaluation
(Bidder Shall Use the Following Values in Table 2 to Determine Its Compliance with Qualification Criteria)
Estimated Cost of the
Tender Minimum Qualification Criteria
Circle Division Sub-Division Works
No. (in Rs. lacs)
(Rs. lacs)
Average annual Net Worth
Turnover during last
(10% of
3 yrs
(30% of Estd. Cost) Estimated cost)
1 2 3 4 5 6 7
T-
T-
T-
T-
T-
Page 165 of 212

BID NO: CE/AKLZ./AKL/T/T-19(R)/2018-19 SAMPLE FORMS
Table 2
Compliance with Qualification Criteria
Evaluati
Submit on by
ted/ Employ
ITB Schd Minimum
Sl. Propos er
Sub- Qualification Requirement . Requireme
No. ed [Pass
Clause No. nt
By (P)
Bidder or Fail
(F)]
General and Legal:
Application for Qualification (On Bidder’s
1 5.2(e) Letterhead), with authorization to seek I Submission
references from the Bidder’s Bankers
To Be
Summary of Qualification Information (this
2 -- II Completed
Form)
by Bidder
Constitution and Experience as Prime
5.1(a)
3 Contractor III 3 years
6.1 (a)
Not
Number of members in a JV, including the
4 6.4(a) III - appliaca
lead partner (Not applicable)
ble
5.2(b) III
5 Power of Attorney Submission
6.4(b) IV
Not
Copy of Constitution (Bidder and all Doc.
6 6.2(a) IV appliaca
partners in a JV) (Not applicable) Evidence
ble
In case of a JV, copy of Joint Venture Not
7 6.4(i) Agreement with Annexure A. (Not IV(a) Submission appliaca
applicable) ble
6.1(e)
6.1(f) Bidder shall possess a valid Electrical
Contractor’s License issued under the Act,
6.2(f) Doc.
8 registration certificates for Goods and VII
6.2(g) Evidence
Service Tax, and registration certificates
6.4(c) under the applicable PF and labor laws.
Work Experience:
Bidder to have executed work in any sector
during the last 3 financial years of:
a) One work order/contract of at least 20% of
the estimated cost of the tender quoted for, a) 1 for 20%,
5.1&6.1(
or or
9 c) V
b) Two work orders/contracts totaling at b) 2 for 25%,
6.4(e)
least 25% of the estimated cost of the or
tender quoted for or c) 3 for 30%
c) Three work orders/contracts totaling at
least 30% of the estimated cost of the total
Page 166 of 212

tender quoted for

Bidder to have executed turnkey contracts
during the last 5 FY out of (i.e., FY 2013-
14, 2014-15, 2015-16, 2016-17 and
5.1&6.1 2017-18) of.
10 (d) The Bidder should have specific VI
6.4(d) experience of 15% of the total physical
parameters involved/covered under
the tender and such experience should
have been within preceding 3 years.
Financial Capability:
Turnover: Bidder shall have an average From
5.1&6.1
annual turnover during the last three
11 (b) VIII Column 4
financial years which is at least equivalent
6.4(d) of Table 1
to 30% of the Estimated Cost of the Works.
Net Worth: Bidder shall have a Net Worth
(Net value of assets – net value of
liabilities) as belwo i) For tender value
5.1&6.1 From
upto Rs. 200 lakhs- Positive Net Worth.
12 (h) IX Column 5
6.4(e)
ii) For tender value above Rs. 200
of Table 1
lakhs- 10% (ten percent) of the
Estimated Cost of the total tenders
quoted for
5.1&6.1 For JVs, the Lead Partner shall have a Net Not
50% of
13 (h) Worth which is at least 50% of the total IX appliaca
Above Value
6.4(e) requirement (Deleted) ble
5.2&6.2( Audited financial statements/ balance IX
16 Submission
c) sheets for last three financial years X
Bidder shall provide sufficient
5.1&6.1 Doc.
17 documentary evidence of access to X
5.3&6.3 Evidence
unencumbered financial resources
5.2&6.2( Up-to-date information on current contract Doc.
18 XI
d) commitments/ work in progress Evidence
19 -- Information on Pending Litigation XII Statement
Compliance with Employer’s Requirements
Statement of Compliance with the Bidding
20 5.2 & 6.2 XIII Statement
Documents
Declaration on Eligibility of Plant and
22 XV Statement
Equipment
23 5.2 & 6.2 Personnel XVI Statement
24 Site Organization XVII Statement
Contractor’s Plant and Construction
25 XVIII Statement
Equipment
26 Method Statement XIX Statement
27 Construction Schedule XX Schedule
Procurement Schedule for Plant &
28 XXI Schedule
Equipment
Page 167 of 212

Schedule III
Bidder Information Sheet
To be completed by the Bidder
Bidder Information
Bidder’s legal name
Legal name of each

partner
Bidder’s actual or
Intended year of
constitution
Bidder’s legal
address
Bidder’s authorized
representative
(name, address,
telephone numbers,
fax numbers, e-mail
address)
Attached are copies of the following original documents.
 1. Articles of incorporation or constitution of the legal entity (Bidder) named above, in
accordance with ITB Sub-Clause 5.1&6.1.
 2. Authorization to represent the firm named in above, in accordance with ITB Sub-Clause
5.2(b) & 6.4(b).and 6.2(b)
Page 168 of 212

Schedule V (A)
Experience as Prime Contractor
(For Compliance to ITB Sub-Clause 5.1(a) & 6.1 (a))
Bidder’s Legal Name: __________________________________________
Bidder must fill in this form
Work Order No. Value of

Name and Year of Date of Brief
OR Works
Address of work Work Description Executed
Contract No.
Employer Execution Completion of Work
with Date (Rs. Lakhs)
Page 169 of 212

Schedule V (B)
General Experience
(For Compliance to ITB Sub-Clause 5.1(c) & 6.1 (c ) ]
Bidder’s Legal Name: _________________________________________________________

General Construction Experience
Starting Ending Contract Identification and Name
Value of Works
Month Month Years Name and Address of Employer
Executed
Year Year and Works Executed by the Bidder
 Bidder shall provide details of his experience in the past 3 years in sufficient detail so as to
demonstrate compliance with the requirements of ITB Sub-Clause 5.1&6.1(c), i.e., a single work
order/contract of at least 20% of the estimated cost of the largest tender quoted for or two work
orders/contracts totaling at least 25% of the estimated cost, or three work orders/contracts totaling
at least 30% of the estimated cost.
 Bidder shall attach copies of Work Orders and Certificates of Satisfactory Completion or Substantial
Completion for the contracts for which the Bidder is claiming relevant experience.
Page 170 of 212

Format for Experience Certificate for General Experience
Employer’s Letter Head

Ref No.:- [Employer’s Reference No.] Date:-
Contract Name :-
Name of the Contractor : - M/s. [Name of the bidder]
Whether Individual :- Yes / No [Which ever is applicable]
Role in Contract : - [Contractor / Management Contractor /
Subcontractor]
Work Order No. :-
Work Order Date :-
Contract Agreement No. :-
Contract Agreement Date :-
Contract Value : - Rs. [in figures] Lakhs
Value of work executed : - Rs. [in figures] Lakhs
Brief Details of Work Done :-
Starting Date of Contract :- [ Date], [Month] , [Year]
Ending Date of Contract :- [ Date], [Month] , [Year]
Actual Date of Contract Completion :- [ Date], [Month] , [Year]
Details of the Work executed (Year-wise)

(Amount in Rs.
Lakhs)
LT Line
Financial Year LT Line (OH) Etc. Etc.
(AB Cable)
Value of work
executed
We hereby confirm that M/s. [Name of the bidder] have executed the works as per the
values given in the above table of, Details of the work executed (Year-wise).
For [Name of the Employer]
[Name of Authorized Person]

[Designation of Authorized Person]
Seal of the Employer
Page 171 of 212

Schedule VI
Specific Construction Experience
(To Demonstrate Compliance to ITB Sub-Clause 5.1& 6.1 (d) )

Contract of Similar Size and Nature
Contract Identification:
Award Date Completion Date
 Management
Role in Contract  Contractor  Subcontractor
Contractor
Commissioning of :
Contract Details
15% of the total physical parameters involved/covered uner
the tender and such experience should have been within
preceding 3 years.
If partner in a JV or
Percent of
subcontractor, specify
Total Not Applicable
participation of total
contract amount
Employer’s Name
Address
Telephone/Fax Number
E-mail
Description of the similarity in accordance with ITB Sub-Clause 5.1(d), 5.3(a, iv) , 6.1(d) & 6.3
(a, iv)
General Requirement :- A) Description of Scope and Nature of the Work
Turn key 15% of the total
physical parameters B) Value of Contract (In Rs. Crores)
involved/covered uner
the tender and such C) Cost of Materials Incorporated into the Permanent Works ( If
experience should have supplied by others and not included under (B) above)
been within preceding 3
years.
 Bidder shall attach copies of Work Orders and Certificates of Satisfactory Completion of the
contract for which the Bidder is claiming relevant experience.
Page 172 of 212

Format for Experience Certificate for Specific Experience

Employer’s Letter Head
Ref No.:- [Employer’s Reference No.] Date:-
Contract Name :-
Name of the Contractor : - M/s. [Name of the bidder]
Whether Individual : -Yes / No [Which ever is applicable]
Role in Contract : - [Contractor / Management Contractor /

Subcontractor]
Work Order No. :-
Work Order Date :-
Contract Agreement No. :-
Contract Agreement Date :-
Contract Value : - Rs. [in figures] Lakhs
Value of work executed : - Rs. [in figures] Lakhs
Brief Details of Work Done :-
Starting Date of Contract :- [ Date], [Month] , [Year]
Ending Date of Contract :- [ Date], [Month] , [Year]
Actual Date of Contract Completion :- [ Date], [Month] , [Year]
Details of the Work executed
Particulars
Numbers / Length
Date of Completion
Date of Commissioning
No. of years in
operation
We hereby confirm that M/s. [Name of the bidder] have supplied & erected the
installations as per the particulars given in the above table of, (Details of the work
executed)
For [Name of the Employer]
[Name of Authorized Person]

[Designation of Authorized Person]
Seal of the Employer
Page 173 of 212

Schedule VII
Bidder’s Certification
(To Demonstrate Compliance to ITB Sub-Clauses 5.1 and 6.1(e), (f), (g) and (h); and 6.5 (c)
& (d) )
To:
The Chief Engineer,
Ratanlal Plot, Akola-444001
In compliance with the qualification requirements set forth under ITB Sub-Clauses 5.1(e), (f), (g),
(h) and (where applicable) we, the undersigned, hereby certify that:
1) We possess a valid Electrical Contractor’s license issued in the State of Maharashtra on
____________________ [day/month/year], vide license number ________________________, a copy of which is
herewith attached; and
2) We are registered for Goods and Service Tax under the applicable laws, and copies of the
registration certificates are herewith attached; and
3) We are registered with the appropriate authorities under the PF and labor laws, and
copies of our registration certificates are herewith attached; and
Name ........................................................................................................................................................................................
In the capacity of .................................................................................................................................................................
Signed ......................................................................................................................................................................................
.....................................................................................................................................................................................................
.....................................................................................................................................................................................................
Duly authorized to sign the Application for and on behalf of ..........................................................................
Date ..........................................................................................................................................................................................
.....................................................................................................................................................................................................
Page 174 of 212

Schedule VIII
Annual Turnover
(To Demonstrate Compliance to ITB Sub-Clauses 5.1&6.1(b) and 6.5(e))
The Bidder must fill in this form
Annual Turnover Data for the Last 3 Years

Single Bidder
Year
(Rs. Crores)
FY 2017-18
FY 2016-17
FY 2015-16
FY 2014-15
Three Year Turnover
Average annual turnover
 The information supplied should be the Annual Turnover of the Bidder in terms of the
amounts billed to clients for each year for work in progress or completed.
 The Bidder shall submit audited financial statements/ balance sheets in support of its claims
Page 175 of 212

Schedule IX
Financial Situation
(To Demonstrate Compliance to ITB Sub-Clauses 5.1&6.1(h),(i), 6.5(g) and (h))
Each Bidder must fill in this form

Financial Data for Previous 3 Years
Year 1: Year 2: Year 3:
FY 2015-16 FY 2016-17 FY 2017-18
(Rs. Crores) (Rs. Crores) (Rs. Crores)
1. Total Assets
2. Current Assets
3. Total Liabilities
4. Current Liabilities
5. Profits Before
Taxes
6. Profits After Taxes
7. Unutilized Lines of Information Not Information Not

Credit ** Required Required
8. Net Worth #
9. Available Working
Capital ** Information Not Information Not
Required Required
[= 2 – 4] + [7] **
Page 176 of 212

 Attached are copies of the audited financial statements/ balance sheets, including all related notes,
and income statements for the last three years, as indicated above, complying with the following
conditions.
 All such documents reflect the financial situation of the Bidder and not sister or parent
companies.
 Historic financial statements must be audited by a certified Chartered Accountant.
 Historic financial statements must be complete, including all notes to the financial statements.
 Historic financial statements must correspond to accounting periods already completed and
audited (no statements for partial periods shall be requested or accepted).
 Auditor shall provide full details which illustrate how the Current Liabilities have been
calculated, using the International Accounting Standards as a basis for such calculations.
 ** In order for the Employer to take the Bidder’s available lines of credit into consideration for
assessing the Available Working Capital, the Bidder is required to complete Schedule X and provide
satisfactorily documentation in support of its claim. If applicable, the Bidder may provide a letter of
guarantee from a recognized Bank which states that it is willing to provide a dedicated revolving line
of credit to the Bidder for exclusive use for the Project if the Bidder is successful in its bid and selected
for award of contract, on the understanding that the Employer is not obligated to take this into
consideration during evaluation.
 # Net worth to be calculated as 5.1 / 6.1 (h).
 This Schedule IX and all supporting documents shall be certified by an independent Auditor/
Chartered Accountant.
Page 177 of 212

Schedule X
Financial Resources
(To Demonstrate Compliance to ITB Sub-Clauses 5.1 & 6.1(i) and 5.3 & 6.3)
Bidders shall specify proposed sources of financing such as liquid assets, unencumbered real
assets, lines of credit, and other financial means, net of current commitments, available to meet
the total construction cash flow demands of the subject contract as indicated in Sub-Clause 5.1(i),
5.3 of Section 1, Instructions to Bidders.
Bidder shall provide documentary evidence of the availability of such financing as may be
necessary to support its claims.

Approved Line Amount Balance
of Credit Utilized and/ Available for
No. Source of Financing
or Committed the Project
(Rs. Crores)
(Rs. Crores (Rs. Crores)
Total, All Sources
 This Schedule X and all supporting documents shall be certified by an independent Auditor/
Page 178 of 212

Schedule XI
Current Contract Commitments / Works in Progress

(To Demonstrate Compliance to ITB Sub-Clause 5.2&6.2(d))
Bidders should provide information on their current commitments on all contracts that have
been awarded, or for which a letter of intent or acceptance has been received, or for contracts
approaching completion but for which an unqualified, full completion certificate has yet to be
issued.

Average Monthly
Value of
Employer’s Estimated Invoicing Over
Outstanding
No. Name of Contract Contact Address, Completio Last Six Months
Work
Tel, Fax n Date [Rs.
[Rs. Crores]
Crores/month)]
Total, All Contractual Commitments
 This Schedule XI and all supporting documents shall be certified by an independent Auditor/
Page 179 of 212

Schedule XII
Pending Litigation

Value of
Pending
Claim as a
Year Matter in Dispute
Percentag
e of Net
Worth
Page 180 of 212

Schedule XIII
Declaration on Eligibility of Plant & Equipment
We hereby declare that the goods to be supplied under this Contract, including but not limited to
the Plant and Equipment listed in the following table, are proposed to be supplied and
manufactured by the manufacturer/ company listed in the following table and that all items to be
supplied shall conform to the Technical Specifications of this Bid. We hereby certify that all
manufacturers/ companies that are proposed in the following list are included in conformity to
the section IX.
We also declare that all Plant and Equipment supplied under the Contract will be new and free
from defects in materials and workmanship and suited for its normal operating conditions. We
understand and accept that changes in the approved manufacturer/ vendor by the successful
Bidder after award of Contract will not be considered unless the successful bidder can
satisfactorily demonstrate, to the full satisfaction of the Employer’s Representative, that the
proposed Plant and Materials are equivalent to or better than the approved plant and Materials.
We certify that we will not claim for any additional payments during the course of the approval
process or thereafter on this account.
Sl.
Major Equipment / Item Proposed Manufacturer/ Supplier
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Page 181 of 212

Schedule XIV
Personnel
Bidders shall provide the names of suitably qualified key personnel who are proposed by the
Contractor for this Contract, in the following Form PER-1.
Data on the experience of each candidate should be supplied using the Resume format (Form
PER-2) provided on the following page.
The proposed Mobilization/ Deployment Schedule for all such key personnel shall be provided in
the format provided in Form PER-3, indicating the proposed date of mobilization/ deployment
and the total duration of their respective services.
Form PER-1
1. Title of position
Name
Name
Name
Name
Name
Name
7 Title of position
Name
8 Title of position
Name
Page 182 of 212

Resume of Proposed Personnel
Form PER-2
Position:
Responsibiliti
es:
Personnel Name Date of birth Nationality
information
Professional qualifications
Present Name of employer

employment
Address of employer
Telephone Contact (manager / personnel officer)
Fax E-mail
Job title Years with present employer
Summarize professional experience in reverse chronological order. Indicate particular technical

and managerial experience relevant to the project.
Company / Project / Position / Relevant Technical and Management
From To
Experience
Page 183 of 212

Mobilization/Deployment of Proposed Personnel
Bidder shall provide the proposed mobilization schedule for each of the key personnel in a bar-
chart form, clearly showing the proposed date of mobilization, duration of services, and date of
demobilization.
Form PER-3
Deployment Schedule
(in Months from the Commencement
Sl. Date)
Position/Designation
No.
-- -- -- 2
1 2 3 4 5 6
- - - 4
(Note: Bidders should provide the above schedule on a separate sheet showing all months from
Month 1 to Month 24) inclusive for the Works Period.)
Schedule XV
Page 184 of 212

Site Organization
Bidder shall describe the roles and responsibilities of each of the personnel proposed under the
preceding Schedule XVI, and shall describe the roles, relationships and division of responsibilities
between the site management and the representative head/ branch office that will be responsible
for the Project. In particular, the Bidder shall provide details of the technical and financial
responsibility and authority of the Project Manager who will be responsible for the day-to-day
operations at the Site.
The Bidder shall provide a preliminary organization chart which indicates the relationship
between the site management and the representative head/ branch office, the direct on-site
works operations, the sub-contractors and suppliers, and the Employer’s Representative and
supervising Engineers.
Page 185 of 212

Schedule XVI
Contractor’s Plant and Construction Equipment

The Bidder shall provide adequate information to demonstrate clearly that it has the capability to
meet the requirements for the key plant and construction equipment that will be required to
undertake the Works within the Time for Completion. A separate Form (Form EQP-1) shall be
prepared for each item of plant and/ or equipment proposed by the Bidder.
The overall requirements and mobilization/deployment schedule for each major item of plant
and equipment (such as Plant & Equipment to be used for the substations, DTCs, power lines,
civil works, etc.) shall be summarized in the format (Form EQP-2) provided on the following
page.
Form EQP-1
Item of Plant/Equipment
Equipment Name of manufacturer Model and power rating

Information
Capacity Year of manufacture
Current Status Current location
Details of current commitments
Source Indicate source of the equipment

 Owned  Rented  Leased  Specially manufactured
The following information is not required to be provided for the above plant/equipment
owned by the Bidder.
Owner Name of owner
Address of owner
Telephone Contact name and title

Fax Telex
Agreements Details of rental / lease / manufacture agreements specific to the project
Page 186 of 212

Deployment Schedule of Major Items of Constructional Plant and Equipment
Bidder shall provide the proposed mobilization/deployment schedule for each major item of
constructional plant and equipment described in Form EQP-1 in a bar-chart form, clearly showing
the proposed date of mobilization to the Site, duration of deployment, and date of removal from
the Site.
Form EQP-2
Deployment Schedule
No. (in Months from the Commencement
Sl. Name of Plant/Equipment of Date)
No. (Type, Make, Model) Item
s -- -- -- 2
1 2 3 4 5 6
- - - 4
(Note: Bidders should provide the above schedule on a separate sheet showing all months from
Month 1 to Month 6 inclusive for the Works Period.)
Schedule XVII
Page 187 of 212

Method Statement
The Bidder shall provide a comprehensive statement of the methods that it proposes to adopt for
completing the Works under this Project, including descriptions of its proposed work methods,
scheduling, mobilization of labor force and resources, quality assurance and quality control
programs, etc., in order to demonstrate its overall understanding of requirements for successful
completion of the Contract within the stipulated time period, and to demonstrate the Bidder’s
capability with respect to its construction methodology, proper planning of activities,
procurement and deployment of necessary resources.
The Bidder should provide full details on his proposed procurement methods for major items of
plant, equipment and materials proposed to be incorporated into the Permanent Works,
including design of the plant and equipment, sources of materials, placing of orders, times
required for manufacture, tests to be conducted at the supplier’s/manufacturer’s plant, pre-
delivery inspections and testing, delivery, storage, installation, etc.
The Bidder’s attention is drawn to the requirements set out in the Conditions of Contract, and the
Bidder is requested to describe how it proposes to achieve the broad Milestone Targets that have
been established to ensure that pro-rata progress is maintained on all sub-components of the
Works throughout the execution period.
Page 188 of 212

Schedule XVIII
Construction Schedule
The Bidder shall submit his proposed construction program in sufficient detail so as to
demonstrate: the order in which he proposes to carry out the Works (including each stage
of design, procurement, manufacture, pre-delivery inspection and testing, delivery to Site,
construction, erection, testing and commissioning); all major events and activities in the
production of Construction Documents; the periods for the design reviews and approvals
and for any other submissions, approvals and consents specified in the Employer's
Requirements; the sequence of all tests specified in the Contract; etc.
The Bidder should pay particular attention to demonstrating how his proposed program
for supply of major items of plant and equipment to be incorporated into the Permanent
Works (Schedule XXI) is to be managed to satisfy the requirements of the Contract,
including the time required for design, placing of confirmed orders, manufacturing, pre-
delivery inspections and tests, delivery to the Site, storage, installation, etc.
Such construction program shall be developed on a commercially available project management
software (such as Primavera, MS Project or equivalent) showing level-3 activities, together with
bar charts and CPM diagrams which clearly illustrate the critical path, and the resources required
to be provided by the Contractor to achieve the desired results.
The Bidder’s attention is drawn to the requirements set out in the Conditions of Contract, and the
Bidder is required to clearly demonstrate how he proposes to meet the broad Milestone Targets
that have been established to ensure that pro-rata progress is maintained on all sub-components
of the Works throughout the execution period.
Page 189 of 212

Schedule XIX
Quality Assurance and Quality Control Plan

The Bidder shall provide his proposed Quality Assurance and Quality Control (QAQC) Plan which
describes the type, frequency and procedure of tests to be done on sites; type, frequency and
procedure of tests to be done at manufacturers’ locations outside the sites; all parameters to be
measured in these tests; permissible limits of such parameters; details of laboratories to be
established at sites; details of testing equipments & machines and their calibration schedules;
details of the Bidder’s internal systems for assuring quality control at the manufacturers’ outside
the sites; details of qualifications and experience of the Quality Control professionals to be
deployed for the entire project; and the systems of Quality Audit to be instituted for systematic
and professional management as well as adherence with the highest standards of quality of all
construction works.
The Bidder shall provide separate descriptions of its proposed QA/QC plan during the design and
construction phase.
The Bidder shall also provide copies of the company’s standard rules and regulations regarding
quality assurance and quality control procedures for works in general and works of a similar
nature.
Page 190 of 212

Schedule XX
Safety Plan
The Bidder shall describe his proposed Safety Plan which shall be developed to ensure zero fatal
accidents and zero hazardous incidents/occurrences in all construction works, including
descriptions of the company’s standard policies and procedures regarding its site organization
and procedures, methods and frequency of conducting safety audits at the Site(s), record keeping
and reporting, providing safety training for its personnel, issue and mandatory use of safety
equipment, details of the qualifications and experience of the Bidder’s safety officers to be
deployed at the Site(s), etc.
The Bidder shall provide separate descriptions of its proposed safety plan during the design and
construction phase.
The Bidder shall also provide copies of the company’s standard rules and regulations regarding
safety procedures.
Page 191 of 212

Schedule XXI
Environmental Quality Management Plan
The Bidder shall provide details of its proposed environmental management plan in sufficient
detail so as to demonstrate the procedures that will be used to ensure that the environmental
concerns and requirements as set forth in the Conditions of Contract are satisfactorily met.
The Bidder shall provide separate descriptions of its proposals for minimizing any adverse
environmental impacts/effects during the design and construction phase.
Page 192 of 212

Volume I Part B
Section 6
Sample Forms
Page 193 of 212

MSEDCL, _AKOLA ZONE INVITATION FOR BIDS
BID NO: CE/AKLZ/AKL/T/T-19(R)/2018-19
Section 6
sample forms
Notes on Sample Forms

All Bidders shall complete and provide the Bid Security in accordance with the
requirements of the bidding documents.
Bidders should not complete the Forms of Agreement at this time. Only the
successful Bidder will be required to complete the Forms. The Forms of
Agreement, when finalized at time of contract award, will incorporate any
corrections or modifications to the accepted bid resulting from arithmetic
corrections, acceptable deviations (time for completion, technical deviations,
commercial deviations, etc.) or quantity variations in accordance with the
requirements of the bidding documents.
The Form of Security Deposit should not be completed by the bidders at the
time of bid preparation. Only the successful Bidder will be required to provide
these securities in accordance with the forms indicated herein or in another
form acceptable to the Employer.
Maharashtra State Electricity Distribution Company Ltd.
Page 194 of 212

Index to Forms
Description Page
Form of Bid Security 3
Form of Letter of Award and Form of Contract Agreement 5
Form of Security deposit 6
Form of Tax Invoices 8
Page 195 of 212

FORM OF BID SECURITY

(BANK GUARANTEE)
WHEREAS, ________________________ [Name of Bidder] (hereinafter called “the Bidder”) has

submitted his bid dated ______________________, 2019, for System Improvement by ; i)
Replacement of LT O/H Line by LT Aerial Bunched cable ii) Providing of Mid Pole in
existing Long span LT Lines on High Loss Feeder (11 KV Cotton Market & 11 KV Tajnapeth
Feeder) under Akola Urban-I Sub-division Areas of Akola Urban Division, of Akola Circle under
IPDS Scheme on a single point responsibility “Full Turnkey” basis under bid package
number Bid No: CE/AKLZ/AKL/T/T-19(R)/2018-19(hereinafter called “the Bid”).
KNOW ALL PEOPLE by these presents that We ____________________________ [Name of Bank] of
[Name of Country] _____________ having our registered office at ___________________________
(hereinafter called “the Bank”) are bound unto the Maharashtra State Electricity
Distribution Company Limited, Represented by the Chief Engineer (O&M) Zone,
Maharashtra State Electricity Distribution Co. Ltd., 1st Floor, Vidyut Bhawan, Ratanlal Plot,
Akola-444001 India (hereinafter called the Employer) in the sum of Rs. _________ (Rupees
__________ only) for which payment well and truly to be made to the said Employer. The
Bank binds himself, its successors and assigns by these presents. This guarantee will be
payable at our branch office at ____________________ [Address of branch office at ___________i,
Maharashtra],
SEALED with the Common Seal of the said Bank this _____ day of ___________, 2019.
THE CONDITIONS of this obligation are:
(1) if the Bidder withdraws his Bid during the period of Bid validity specified in the
Form of Bid; or
(2) if the Bidder refuses to accept the correction of errors in his Bid; or
(3) if the Bidder is determined at any time prior to award of contract to have
engaged in corrupt or fraudulent practices in competing for the contract; or
(4) if the Bidder, having been notified of the acceptance of his Bid by the Employer
during the period of Bid validity:
(a) Fails or refuses to execute the Form of Contract Agreement in
accordance with the Instructions to Bidders, if required; or
(b) Fails or refuses to furnish the Security deposit, in accordance with the Instructions
to Bidders;
we undertake to pay to the Employer up to the above amount upon receipt of its first
written demand, without the Employer having to substantiate his demand, provided that in
its demand the Employer will note that the amount claimed by him is due to him owing to
the occurrence of one or all of the above conditions, specifying the occurred condition or
conditions.
This Guarantee will remain in force up to and including the date 120 days after the
deadline for submission of bids as such deadline is stated in the Instructions to Bidders or
Page 196 of 212

as it may be extended by the Employer, notice of which extension(s) to the Bank is hereby
waived. Any demand in respect of this Guarantee should reach the Bank not later than the
above date.
DATE ___________________ Signature of Bank’s authorized officer

______________________
SEAL ____________________________________________
Signature of Bank’s second authorized officer

Seal
Page 197 of 212

SAMPLE FORM
Letter of award and Form of contract agreemeNt
The contract is divisible contract; three separate orders for the letter of awards and Form
of Contract Agreement for following contracts shall be issued subsequently.
a. Materials purchase,
b. Erection Testing and Commissioning of activities
Page 198 of 212

FORM OF SECURITY DEPOSIT

(BANK GUARANTEE)
To: Maharashtra State Electricity Distribution Company Limited

Represented by
The Chief Engineer (Akola Zone)
1st Floor, Vidyut Bhavan, Ratanlal Plot,
Akola-444001
WHEREAS[name and address of Contractor] (hereinafter called "the Contractor") has

undertaken, in pursuance of Contract No. CE/AKLZ/AKL/T/T-19(R)/2018-19FORSystem
Improvement by ;i) Replacement of LT O/H Line by LT Aerial Bunched cable ii) Providing
of Mid Pole in existing Long span LT Lines on High Loss Feeder(11 KV Cotton Market & 11
KV Tajnapeth Feeder) under Akola Urban-I Sub-division Areas of Akola Urban Division, of
Akola Circle, including a two year guarantee (defects liability) period, (hereinafter referred
to as “Works”) in Akola District of Maharashtra State under single point responsibility,
divisible, “Full Turnkey Contracts”(hereinafter called "the Contract");
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall
furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as
security for compliance with his obligation 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 ______________ [amount of Guarantee]1 _____-
__________________ [in words], and we undertake to pay you, through our branch office at
____________ [Address of branch office at __________, Maharashtra], upon your first written
demand and without cavil or argument, any sum or sums within the limits of
_________________________ [amount of Guarantee] as aforesaid without your needing to prove or
to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Contract or of the Works to be performed there under or of any of the Contract documents
which may be made between you and the Contractor shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
1
An amount to be inserted by the Guarantor, representing 10% of the Contract Price and denominated in Indian
Rupees as specified in the Contract..
Page 199 of 212

This guarantee shall be valid until the date of completion of the defects liability period, with
a claim period of further one month.
Yours truly, ________________________________

Signature and seal of the ________________________________
Guarantor: ________________________________
Name of Bank/Financial ________________________________
Institution: ________________________________
Address:
Date:
Page 200 of 212

FORMS OF TAX INVOICES
The successful bidders shall submit the separate invoices in the format specified for
a) Materials purchase
b) Erection Testing and Commissioning of activities
Page 201 of 212

SECTION 7
(NOT APPLICABLE)
PRICE VARIATION FORMULAE
(FOR MAJOR MATERIALS)
LIST OF ITEMS ELIGIBLE FOR PRICE VARIATION
Sr. No. Description of Item
1. AB Cables ( LT) Power
2. RSJ Poles/PSC Poles
3. Other activities involved under this tender
Page 202 of 212

SECTION 8
CRITERIA FOR APPROVAL OF VENDORS
Criteria for acceptance of Vendors proposed by the Bidders for major equipments.
1.0 The vendor should be a manufacturer of the item and, should have adequate
manufacturing capacity to cover the quantity required by the bidder and orders in
his hand.
2.0 Annual Turn over of the vendors during any one of the last three years shall satisfy
the minimum criteria fixed as per condition 5.1(b), ITB Section-I for supply of
different types of material.
3.0 The material supplied by the vendor should be as per the specification provided by
the MSEDCL.
4.0 The vendor should not have been black listed by MSEDCL and should not have been
involved in any civil or criminal proceedings.
5.0 The bidder shall submit a copy of the latest audited annual report obtained from the
Vendor.
6.0 The other items for which specific turn over requirement has not been stipulated
above, shall be procured from venders to be approved by the Employer’s
Representative after examination of documents to be submitted by the Contractor to
establish the vendors’ financial and manufacturing capabilities in addition to the
criteria stipulated at para nos.1, 3 & 4 above.
Page 203 of 212

MSEDCL IP Schd 1
Price Schedule Format-I

E-Tender for System Improvement work on High Loss Feeders under Akola Urban-I subdivision under Akola
Division/Circle on Full Turnkey Basis.
Project : Zone:- Akola
Tender No. CE/AKLZ/AKL/Tech/T-19(R)/2018-19 Circle: Akola
Division: Akola Urban
Schedule 1: Summary
MSEDCL's
Schedule Description of Activity Estimated
Number Cost
(Rs. Lakhs)
1 Civil Works and Other Services 0.00
2 Supply and Installation of Plant and Equipment:

a. Part 1: Cost of Material 173.58
b. Part 2: Cost of Tansportation, Installation, Erection, Commissioning & Guarantee 62.41

Dismantling Charges(Removal Of Conductor,Coiling of Same & Transportation
upto MSEDCL Store)
Grand Total (Excluding Taxes) 235.99
The Taxes chargable to Employer will be paid as per the rates given below
GST as actual on Supply of equipment produced in Maharashtra For supply of
1
equipment produced outside Maharashtra
2 RI Charges
3 Interest During Consruction on @3.5% on 157.08% on Material Cost
4 H.O. Supervision Charges 1.3% on Material Cost & erection Charges
Grand DPR Cost
I/ we hereby offer to complete the above described Works contained in the Schedules 2 and 3 together, for the Price of:
________ % ( _____________________ percent) above / below the total tendercost of the Employer's Estimate for a total amount of: Rs.
__________________ Lakhs
(Rupees ______________________________________________________________________________ only), excluding the cost of Taxes
Signature of Bidder:
Name & Designation:
Company:
Page 1 of 7
Page 204 of 212
MSEDCL IP Sch2 Civil Work
Price Schedule Format - II

E-Tender for System Improvement work on High Loss Feeders under Akola Urban-I subdivision under Akola Division/Circle on Full Turnkey Basis.
Tender No. CE/AKLZ/AKL/Tech/T-19(R)/2018-19
Schedule 2: Civil Works and Other Services- NILL
Page 2 of 7
Page 205 of 212
Price Schedule Format-III
Tender No. CE/AKLZ/AKL/Tech/T-19(R)/2018-19 Zone:- Akola

Circle: Akola
Feeder Name :- 11 KV Cotton Market Feeder
Cost as per Tender
Part 1:Cost of Part 2:Cost of Cost of
Activity Material + Total cost of Total cost of
Description of Activity Unit Quantity Material Service Total cost of Material +
Number Services Material in Rs. Services in Rs.
Services in Rs. Lakhs
Unit Rate (Rs. Unit Rate (Rs. Unit Rate Lakhs Lakhs
Lakhs) Lakhs) (Rs. Lakhs)
(1) (2) (3) (4) (5) (6) (7) (8)/(4*5) (9)/(4*6) (10)/(8+9)
LT Aerial Bunch Cable (3Cx120 Sq mm + 70 Sq mm Bare +
New 1 Kms 23.00 3.62 1.20 4.82 83.20 27.56 110.75
16 Sq mm - Messenger) for Hook Prone Area
5908 Providing Mid Pole to reduce Long Span Nos 65.00 0.09 0.03 0.11 5.57 1.84 7.41
New2 Removal of conductor Nos 23.00 0.00 0.11 0.11 0.00 2.51 2.51
Cost of Material 88.77 31.92 120.68
Page 206 of 212

MSEDCL IP Tajnapeth
Price Schedule Format-III
Tender No. CE/AKLZ/AKL/Tech/T-19(R)/2018-19 Zone:- Akola

Circle: Akola
Feeder Name :- 11 KV Tajnapeth Feeder
Cost as per Tender
Part 1:Cost of Part 2:Cost of Cost of
Activity Material + Total cost of Total cost of
Description of Activity Unit Quantity Material Service Total cost of Material +
Number Services Material in Rs. Services in Rs.
Services in Rs. Lakhs
Unit Rate (Rs. Unit Rate (Rs. Unit Rate Lakhs Lakhs
Lakhs) Lakhs) (Rs. Lakhs)
(1) (2) (3) (4) (5) (6) (7) (8)/(4*5) (9)/(4*6) (10)/(8+9)
LT Aerial Bunch Cable (3Cx120 Sq mm + 70 Sq mm Bare +
New 1 Kms 22.00 3.62 1.20 4.82 79.58 26.36 105.94
16 Sq mm - Messenger) for Hook Prone Area
5908 Providing Mid Pole to reduce Long Span Nos 61.00 0.09 0.03 0.11 5.23 1.73 6.96
New2 Removal of conductor Nos 22.00 0.00 0.11 0.11 0.00 2.41 2.41
Cost of Material 84.81 30.49 115.3
Page 4 of 7
Page 207 of 212
Cost for of AB Cable for 1 km
SR.NO. DESCRIPTION OF MATERIALS. UNIT QTY RT/UNIT(RS)
AMT.(RS)
SR.NO. DESCRIPTION OF MATERIALS. UNIT QTY RT/UNIT(RS)
AMT.(RS)
1 L.T.Aerial bunched cable(3x120) Rmt 1000 227.82 227820.00
2 G.I.Wire 8 SWG/ 6 SWG Kg 130 56.27 7315.10
3 M.S.Flat 50 x 6 mm kg 36.5 47.55 1735.58
4 AB Suspension clamp assembly for AB cable pairs 10 396.00 3960.00
5 AB Dead End Clamp Assembly for AB cable pairs 10 550.00 5500.00
6 Piercing Connector for network No 60 187.00 11220.00
7 Piercing Connector for Service Box No 100 187.00 18700.00
8 Neutral Bare Conductor Connector No 20 66.00 1320.00
9 Service Connection Box 9 way No 25 2662.00 66550.00
10 L.T. XLPE cable 3 1/2 C 35 sq.mm. Rmt 20 110.78 2215.60
11 Sundries LS 20 770.00 15400.00
Cost Of material 361736.28
Total Cost 361736.28

64.07% 231764.4314
Total DPR COST 593500.71
Page 208 of 212

Item Code No. 5908
Replacement of LT poles with required accessories (125 X 70 mm X 9 M) with stay
Sr.No Particulars Unit Qty. Rate Amount
1 RSJ 125x70, 9 m long No 1 5165.00 5165.00
2 MS angle 50x50x6 mm Kg 5 50.78 253.90
3 MS Flat 50 X 8 mm Kg 1.5 47.55 71.33
4 LT Shackle Insulator No 4 9.99 39.96
5 L.T. Shackle Hardware Pair 4 34.62 138.49
6 Earthing Sets L.T. Set 1 162.57 162.57
7 L.T. Stay sets Set 1 462.84 462.84
8 G.I.Stay Wire 7/3.15mm(10SWG) Kg. 7.000 56.32 394.24
Painting/Hardware & support with
9 No 1 219.57 219.57
numbering of pole
10 G.I.Wire 8 SWG/ 6 SWG Kg. 2.000 56.27 112.54
11 Sundries LS 1 770.00 770.00
12 Concreting ration 1:4:8 Cmt. 0.30 2596.08 778.82
Cost of material 8569.26
1 Transportation on material 4.00% 343

2 T&P on material cost 1.00% 86
3 Contigencies on material 0.50% 43
5 Erection cost on material 15.00% 1285
Contractor supervision charges on
6 5.00% 428
material
7 Insurance , Labour & Finance Cost 2.50% 214
Service Cost 2399
Sub-Total 10969
8 Turnkey Charges 4.00% 439
Total 11407
Tender/
Perticulars DPR Amount Estimate
Amount
64.07% 33.12%
Cost with overheads on Material 14060 11407
Total Cost of the Estimate 14060 11407
Page 209 of 212

NEW 2
Sr. No. Particulars Unit Qty Rate (Rs.) Amount (Rs.)
1 Dismantling of AAC ANT & Gnat Conductor 3 Span 1 88 88
ph 5 wire
2 Dismantling of 'D' clamp No 5 26.4 132
3 Dismantling of Shackle insulator No 4 21.12 84.48
4 Dismantling of neutral bobin No 1 5.28 5.28
5 Dismantling of guarding angle No 1 39.6 39.6
6 Dismantling of GI wire Span 1 88 88
Cost of material 437.36
Considering 25 spans into 1 km (40mtr span average) 10934
Page 210 of 212

LIST OF SERVICES
SR. ACTIVITY MATERIAL
SERVICE NAME UOM SAC CODE REQ. QTY VERSION
NO. NUMBER TYPE
Removing old RSJ PM.HTLC22.1

1 EA 995461 126 null
125X75/PSC 8M 09
Laying of A.B. Cable PM.HTLC11.2
2 Metre 995461 45000 - null
of all size 46
Page 211 of 212

Required Documents (To be uploaded online)
SNO NAME SECTION ITEM DESCRIPTION
Laying of A.B.
1 Price Bid Price Section Price Bid & Activity Schedule
Cable of all
Technical Laying of A.B.
2 as per terms conditi Technical QR
Section Cable of all
Removing old
3 Price bid Price Section Price Bid & Activity schedule
RSJ
Technical Removing old
4 as per terms conditi Technical QR
Section RSJ
Commercial Annual turnover, net worth, ITR, GST Reg., PF
5 as per terms conditi
Section REg. Electrical licences
Commercial Annual turnover, net worth, ITR, GST Reg., PF
6 as per terms conditi
Section REg. Electrical licences
Page 212 of 212

CE AKLZ AKL 2018-19 T-19R Version 1 1559023250731

Transféré par

Informations du document

Titre original

Copyright

Formats disponibles

Partager ce document

Partager ou intégrer le document

Options de partage

Avez-vous trouvé ce document utile ?

Ce contenu est-il inapproprié ?

Droits d'auteur :

Formats disponibles

CE AKLZ AKL 2018-19 T-19R Version 1 1559023250731

Transféré par

Droits d'auteur :

Formats disponibles

CE/AKLZ/AKL/2018-19/T-19R

Maharashtra State Electricity Distibution Co. Ltd.

Tender Details 28-05-2019 11:30:48

Delivery Requirement (In Months) NA

Tender on rate contract basis NO

Due date of submission up-to 03-06-2019 15:00

Minimum % of Offered quantity NA

Maharashtra State Electricity Distribution Company Limited

FOR CHIEF ENGINEER (M.M.CELL)

INSTRUCTIONS TO THE TENDERERS

IV. BASIS OF PRICES:

VII. OFFERING THE MATERIAL:

(a)Have controlling shareholders in common; or

(c)Have the same legal representative for purposes of a bid; or

IX. AMBIGUITY IN QUOTATION:

XI. ADDITIONS/ALTERATIONS PROHIBITED:

XII. DISCLOSING THE NAME OF THE MANUFACTURER:

Whenever a material is described by name of the particular brand or being offered on

XIV. MANDATORY REQUIREMENT OF SUBMISSION OF OFFER:

XV. SUBMISSION OF DRAWING & BILL OF MATERIAL:

XVI. SUBMISSION OF SAMPLES:

Whenever requirement of sample is specified, no tender/offer will be opened unless-the

XVII. NAME OF AGENT/REPRESENTATIVE:

XVIII. PAST EXPERIENCE:

XIX (B) PREFERENCE TO INDUSTRIAL UNITS LOCATED IN MAHARASHTRA AND

Further quantity allocation in following events to be done as under:-

It is summarized as Wherever, only one offer of Regular supplier is available at L-1 or at

XX. EARNEST MONEY DEPOSIT (EMD):

XXI. SIGNING OF THE TENDER DOCUMENTS:

XXII. SUBMISSION / SUPERSCRIBING OF THE TENDER DOCUMENTS: The offer is to

[a] Techno - Commercial Bid (Part I)

[c] Physical submission of documents (Part III) –

XXIII. TIMELY SUBMISSION OF OFFER:

XXV. DISREGARD OF TENDER CONDITIONS:

XXVII. RIGHT TO ORDER OUT QUANTITY IN VARIANCE TO

XXVIII. ACCEPTANCE OF TENDER:

XXIX. NOTIFICATION OF AWARD:

XXXI. VALIDITY OF OFFERS:

XXXIII. CORRUPT OR FRAUDULENT PRACTICES:

XXXV. TENDER FEES EXEMPTION:

XXXVI. PRE-BID MEETING :

XXXVII. CLARIFICATION ON DEVIATIONS:

XXXVIII. E-REVERSE AUCTION: (Where ever Applicable)

The security deposit shall be paid in favour of Purchaser by way of:

4) MATERIAL AND COMPONENTS:

5) SAMPLE BEFORE COMMENCING BULK SUPPLIES (Wherever necessary):

7) RIGHT TO CARRY OUT INSPECTION DURING MANUFACTURING:

8) RIGHT TO REVISE DESPATCH INSTRUCTIONS, DELIVERY SCHEDULE AND TO DEFER

9) WAGON LOADS/TRUCK LOADS:

10) ROAD TRANSPORT:

11) PAYMENT OF FREIGHT CHARGES:

12) CLEAR RAILWAY RECEIPT:

13) DESPATCH INTIMATION:

14) BILL OF MATERIALS:

15) PACKING LIST:

16) VERIFICATION OF MATERIAL SUPPLIED:

17) REPLACEMENT OF GOODS LOST, BROKEN OR DAMAGED:

18) REPLACEMENT OF REJECTED MATERIALS:

19) TOLERANCE IN QUANTITY TO BE SUPPLIED:

20) MATERIAL DESPATCHED AND PROGRAMME:

MONTHLY STATEMENT: I. Name of Supplier:

21) SUBMISSION OF BILLS:

22) PAYMENT OF BILLS: