PRACTICAL NO: 06
Practical Name: - Interpret the given set of tender documents to comment on the components
reflected in it.
➢ C OMMENT ON T ENDER
GOVERNMENT OF MAHARASHTRA PUBLIC WORKS
DEPARTMENT PUBLIC WORKS REGION, NASHIK
Name of Work : Construction of Minor Bridge on Ambe Pahuchibari (MDR-11) Km. 45/680, Tal.
Peth, Dist. Nashik
TENDER COST : RS. 1,48,30,703.00
1. Right of Rejection of E-Tender / Cancellation of E-Tenders reserved by the Executive Engineer,
P. W. (North) Division Nashik. Conditional Tender will not be accepted. E_Tender Notice
including Total 68 (Sixty Eighth) works Costing up to Rs.150.00 Lacks. Details of mentioned
E_Tender Notice available on below websites 1) https://mahatenders.gov.in
2. Detailed Time Table for the various activities to be performed in e-tendering process by the
Tenderer for quoting their offer is given in this ender Document under Tender Schedule.
Contractor should carefully note down the cut-off dates for the carrying out each e-tendering
process / activity.
3. Every effort is being made to keep the Website up to date and running smoothly 24 x 7 by the
Government and the Service Provider. However, Government takes no responsibility, and will
not be liable for, the website being temporarily unavailable due to any technical issue at any
point of time.
4. In that event Public Works Department will not be liable or responsible for any damages or
expenses arising from any difficulty, error, imperfection or inaccuracy with this Website. It
includes all associated services, or due to such unavailability of the Website or any part thereof
or any contents or any associated services.
5. Tenderers must follow the time table of e-tendering process and get their activities of e-
tendering processes done well in advance so as to avoid any inconvenience due to unforeseen
technical problem if any.
6. Public Works Department will not be responsible for any incomplete activity of e tendering
process of the tenderer due to technical error/ failure of website and it cannot be challenged by
way of appeal, arbitration and in the Court of Law. Contractors must get done all the e-tendering
activities well in advance
7. Time stipulated for completion of work : 12 (Twelve) Callender Months from the date of
written order to start work, which will include the monsoon period.
8. Tender Schedule (Key Dates) : The Contractors are strictly advised to follow the Dates and
Times allocated to each stage under the column "Contractor Stage" as indicated in the Time
Schedule in the Detailed Tender Notice for the Tender. All the online activities are time tracked
and the Electronic Tendering System enforces time- locks that ensure that no activity or
transaction can take place outside the Start and End Dates and Time of the stage as defined in
the Tender Schedule. At the sole discretion of the Tender Authority, the time schedule of the
Tender stages may be extended.
9. The Distance of hot mix plant shall be at such location that specified temperature of hot mix
material is maintained, and for locating hot mix plant due consideration be given to road
condition, traffic intensity, travelling time etc. Or within 60 km. from the center of the Work
site.
10. QUALIFICATION CRITERIA:- To qualify for award of the contract each tenderer in his
name should have in last Five years i.e. 2018-19, 2019-20, 2020-21, 2021-22 and 2022-23
11. ENVELOPE NO. 2 TENDER (FINANCIAL BID) : The second envelope clearly marked as
“ Envelope No.2” shall contain only the main tender including the Common Set of Conditions
/ Deviation issued by the Department after the pre-tender Conference. A tender submitted
without this would be considered as invalid. it the Tenderer should quote his offer only through
online bidding process in form of Bill of Quantity in terms of percentage of estimated rates.
He should not quote his offer anywhere directly or indirectly in Envelope No.1. The contractor
shall quote for the work as per details given in the main tender and also based on the detailed
set of conditions issued / Additional stipulations made by the Department as informed to him
by a letter from Chief Engineer / Superintending Engineer after Pre-Tender Conference. His
tender shall be unconditional.
12. Miscellaneous Conditions : 1. Any waiver of any rights available to Merchant under these
Terms and Conditions shall not mean that those rights are automatically waived. 2. The User
agrees, understands and confirms that his/ her personal data including without limitation details
relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse,
hacking, theft and/ or fraud and that Merchant or the Payment Gateway Service Provider(s)
have no control over such matters. 3. Although all reasonable care has been taken towards
guarding against unauthorized use of any information transmitted by the User, Merchant does
not represent or guarantee that the use of the Services provided by/ through it will not result in
theft and/or unauthorized use of data over the Internet. 4. The Merchant, the Payment Gateway
Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any
failure of performance, error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communications line failure, theft or destruction or unauthorized
access to, alteration of, or use of information contained on the Website.
13. Estimated Cost put to tender : Rs. 1,48,30,703.00, Earnest Money : Rs. 1,49,000.00
14. The EMD applicable amount shall be paid via Online mode only. Total Security Deposit 2%
(Two percent) Rs. 2,98,000/- (50% in cash at the time of Agreement and 50% from R.A.bills).
15. Cost of Tender Form (Including G.S.T.) : Rs. 1180/-
16. If Tenderer’s offer is up to 10% below the estimated cost put to tender, then the Additional
Performance Security deposit shall be 1% of the estimated cost put to tender. If Tenderer’s offer
is up to 15 percent below the estimated cost put to tender, Tenderer shall submit 1% plus the
percentage by which tender offer is more than 10% below of amount put to tender. (e.g. if
tenderer offered 14% below, he has to submit (14% - 10%) + 1 % i.e. total 5% of estimated cost
put to tender) or minimum Rs. 1000/- whichever is higher. If Tenderer’s offer is more than 15
percent below the estimated cost put to tender, Tenderer shall have to submit Additional
Performance Security Deposit as specified below
17. TIME LIMIT : The work is to be completed within time limit as specified in the N.I.T. which
shall be reckoned from the date of written order for commencing the work and shall be inclusive
of monsoon period.
18. TENDER RATE : No alteration in the form of tender and the schedule of tender and no
additions in the scope of special stipulations will be permitted. Rates quoted for the tender shall
be taken as applicable for all leads and lifts.
19. TENDER UNITS : The tenderers should particularly note the units mentioned in the Schedule
“B” on which the rates are based. No change in the units shall be allowed. In the case of
difference between the rates written in figures and in words, the correct rate will be the one,
which is lower of the two.
20. CORRECTION : No corrections shall be made in the tender documents. Any corrections that
are to be made, shall be made by crossing the incorrect portion and writing the correct portions
above with the initials of tenderer.
21. TENDER’S ACCEPTANCE : Acceptance of tender will rest with Superintending Engineer,
Public Works Circle, Nashik who reserves the right to reject any or all tenders without assigning
any reason therefore. The tenderer whose tender is accepted will have to enter in to a regular
B-1 agreement within 10 days of being notified to do so. In case of failure on the part of
Tenderer to sign the agreement within the stipulated time, the earnest money paid by him shall
stand forfeited to the Government and the offer of the tenderer shall be considered as withdrawn
by him
22. VALIDITY PERIOD : The offer shall remain open for acceptance for minimum period of 75
days from the Date of opening of Envelope No.2 (Financial Bid) and thereafter until it is
withdrawn by the contractor by notice in writing duly addressed to the authority opening the
tender and sent by Registered Post Acknowledgment due. (ref. to memorandum on Page of B-
1 Form Chapter
23. TREE PLANTATION : Contractor shall plant trees as a social responsibility, Number of trees
to be plants are the trees are to be planted along the road side at around 30-meter c/c. If land is
not available along the road side, the trees are to be planted at the Govt. land or private land as
directed by Engineer in charge. Tree samplings shall be of minimum height 1.50 m. or age 3
years, whichever achieved earlier. Contractor shall also maintain (Watering, applying manure,
erecting tree guards, maintain the trees live) the trees till the end of defect liability period. Trees
shall be planted within 45 days from the date of work order. Plantation done should be
ascertained by Executive Engineer and certified that the plantation has been done by concerned
Executive Engineer. A certificate to that extent shall be issued by Executive Engineer
concerned and shall be attached with final bill and then only final bill is to be paid. While
releasing Security Deposit after completion of D.L.P., Certificate regarding survival of tree
planted will be mandatory, without which Security Deposit should not be released. Employer
shall recover Rs. 2000/- per tree not planted/ not maintained during post contract maintenance
period, from the Security Deposit / Performance warranty of the contractor
24. After opening of the Financial Bid or during scrutiny of Technical Bid if it is found that the
Participated Contractor has submitted Fake and Fraudulent Documents in the Technical Bid the
Contractor / Joint Venture (JV / LLP / Pvt. Ltd.) will be Blacklisted for three years. The
contractor or Owner/ Partner / Director shall be barred from participating any Tender of PWD
for Three Years (As per Govt. Circular PWD CAT 2019/ CR-120 /Bldg.-2 Dt. 17.09.2019)
25. Bidders shall upload QR based Bid Capacity Certificate downloaded on or before two days of
submission from Portal “bidcap.emahapwd.com”. If this bid capacity Certificate is not
uploaded then tender shall be treated as non-responsive
26. Section VI - Equal treatment to all Bidders/ Contractors (1) PUBLIC WORKS DEPARTMENT
will enter into agreements with identical conditions as this one with all Bidders. (2) PUBLIC
WORKS DEPARTMENT will disqualify from the tender process any bidder who does not sign
this Pact or violate its provisions.
27. Section VII - Punitive Action against violating Bidders/ Contractors If PUBLIC WORKS
DEPARTMENT obtains knowledge of conduct of a Bidder or a Contractor or his subcontractor
or of an employee or a representative or an associate of a Bidder or Contractor or his
Subcontractor which constitutes corruption, or if PUBLIC WORKS DEPARTMENT has
substantive suspicion in this regard, PUBLIC WORKS DEPARTMENT will inform the Chief
Vigilance Officer (CVO)
28. PUBLIC WORKS DEPARTMENT has appointed a panel of Independent External Monitors
(IEMs) for this Pact with the approval of Central Vigilance Commission (CVC), Government
of India, out of which one of the IEMs has been indicated in the NIT/IFB.
29. Section IX - Pact Duration This Pact begins when both parties have legally signed it. It expires
for the Contractor after the closure of the contract and for all other Bidder's six month after the
contract has been awarded
30. As per P.W.D. Mantra Laya, Mumbai letter No. CAT/ 2017/ CR-4 Bldg. 2 dt. 27.09.2018 and
Letter No. CAT / 2017/ CR-8 / Bldg. 2 Dt. 29.1.2019,-The life of Machinery will be considered
as 15 Years, there will no need of checking by S.E. (Mech.) for First 10 Years, after 10 years
the machinery shall be got checked and certifying for its fitness from S.E. (Mech.) / A.C.E.
(Mech.) every year. After 15th Years, if R.T.O. Department permitted to use machinery
31. GUARANTEE TO THE GOVERNMENT :- (A) Due performance and observance by the
Contractor of the terms and conditions on the part of the contractor contained in the said
Agreement and (B) Due and punctual payment by the Contractor to the Government of all sums
of money, losses, damages, cost charges, penalties and expenses payable to the Government by
the Contractor under or in respect to the said Agreement.
32. The guarantee herein contained shall remain in full force and effect during the subsistence of
the said Agreement and that the same will continue to enforceable till all the dues of the
Government under or by virtue of the said Agreement have been duly paid and its claims
satisfied or discharged and till the Government certifies that the terms and conditions of the
said Agreement have been fully, properly carried out by the Contractor
33. General Rules and Directions for the Guidance of Contractors :- 1. All works proposed to
be executed by contract shall be notified in a form of invitation to tender pasted on a board
hung up in the office of the Executive Engineer and signed by the Executive Engineer. This
form will state the work to be carried out as well as the date for submitting and opening tenders,
and the time allowed for carrying out the work also the amount of earnest money to be deposited
with the tender, and the amount of the security deposit to be deposited by the successful tenderer
and the percentage, if any, to be deducted from bills. Copies of the specification, designs,
drawings and estimated rates, scheduled rates and any other documents required in connection
with the work shall be signed by the Executive Engineer for the purpose of identification and
shall also be open for inspection by contractors at the office of Executive Engineer during office
hours. Where the works are proposed to be executed according to the specifications
recommended to a contractor and approved by a competent authority on behalf of the Governor
of Maharashtra, such specifications with designs and drawings shall form part of the accepted
tender. 2. In the event of the tender being submitted by a firm, it must be signed separately by
each partner thereof, or in the event of the absence of any partner, it shall be signed on his
behalf by a person holding a power of attorney authorizing him to do so. 3. The contractor shall
pay along with the tender the sum of Rs. 1,49,000/- as and by way of earnest money. Earnest
money shall be paid via online using NEFT/RTGS or payment gateway mode. The said amount
of earnest money shall not carry any interest whatsoever.
34. Any person who submits a tender shall fill up the usual printed form stating at what percentage
above or below the rates specified in Schedule B (Memorandum showing terms of work to be
carried out) he is willing to undertake the work. Only one rate or such percentage on all the
Estimated rates/Schedule rates shall be named. Tenders, which propose any alteration in the
works specified in the said form of invitation to tender, or in the time allowed for carrying out
the work, or which contain any other conditions will be liable for rejection. No printed form of
tender shall include a tender for more than one work but if contractor wishes to tender for two
or more works, shall submit a separate tender for each. Tender shall have the name and numbers
of the work to which they refer written outside the envelope
35. Clause 1: The person / persons whose tender may be accepted (hereafter called the contractor,
which expression shall unless excluded by or repugnant to the context include his, heirs,
executors, administrators, and assigns) shall (A) within 10 days (which may be extended by the
Executive Engineer/ Superintending Engineer/or the Chief Engineer concerned up to one
month/two months/three months respectively if the Executive Engineer/ Superintending
Engineer / Chief Engineer thinks fit to do so) of the receipt by him of the notification of the
acceptance of his tender deposit with the Executive Engineer in cash or Government securities
endorsed to the Executive Engineer (if deposited for more than 12 months) of sum sufficient
which will make up the full security deposit specified in the tender
36. Clause-2:The time allowed for carrying out the work as entered in the tender shall be strictly
observed by the contractor and shall be reckoned from the date on which the order to commence
work is given to the contractor. The work shall throughout stipulated period of the contract be
proceeded with, with all due diligence (time being deemed to be of the essence of the contract
on the part of the contractor) and the contractor shall pay as compensation an amount equal to
one per cent or such smaller amount as the Superintending Engineer (whose decision in writing
shall be final) may decide, of the amount of the estimated cost of the whole work as shown by
the tenderer for every day that the work remains uncommented, or unfinished after the proper
dates. And further to ensure good progress during execution of the work, the contractor shall
be bound, in all cases in which the time allowed for any work exceeds one month to complete.
The contractor should complete the work as per phase period given below 15% of the work in
1/4 of the time 40% of the work in 1/2 of the time 70% of the work in 3/4 of the time Full of
the work in full of the time
37. PRICE VARIATION CLAUSE :- If during the operative Period of the Contract as defined in
condition (I) below, there shall be any variation in the Consumer Price Index (New Series) for
Industrial Workers for Nashik Center as per the Labor Gazette published by the Commissioner
of Labor, Government of Maharashtra and/or in the Whole-sale Price Index for all commodities
prepared by the Office of Economic Adviser, Ministry of Industry, Government of India or in
the price of petrol / oil, and lubricants and major construction materials like bitumen, cement,
steel, various types of metal pipes etc., then subject to the other conditions mentioned below,
price adjustment on account of 1. Laboure component 2. Material component 3. Petrol, Oil and
Lubricants Component 4. Bitumen Component 5. HYSD & Mild. Steel Component 6. Cement
Component 7. C.I. and D.I. Pipes Component
38. SUBMISSION OF MONTHLY BILL IN ELECTRONIC FORM :- 1. As per clause 10 of
this B-1 contract, it is responsibility of the contractor to submit the bill monthly to the Engineer
in charge. 2. To discharge this responsibility the contractor shall submit the bill in electronic
form. 3. In doing so he shall use e-copy of Tender Paper. 4. In support of the bills, required
measurements, drawings, quality control reports (field lab and VQCC lab as per clause 24 of
Additional General Condition), site supervision data (SCADA) shall be submitted in electronic
form, the data so submitted shall have a facility to Tightly integrate it with the contract
conditions, provisions in the Maharashtra Public Works manual, Maharashtra Public Works
Account Code (updated to date of submission of this tender) and current general engineering
practices (issued through various Govt. resolutions, govt. circulars, Chief Engineer’s Circulars
etc. issued up to date of submission of this tender) followed in Public Works Department. 5.
The submission of e-bill shall be in the web-based format.
39. ADDITIONAL CONDITIONS :- Contractor shall submit a Certificate to the effect that “All
the Payments to the Laboure / Staff are made in bank accounts to staff linked to Unique
Identification Number (AADHAR CARD)”. The Certificate shall be submitted by the
contractor within 60 days from the commencement of contract. If the time period of contract is
less than 60 days then such certificates shall be submitted within 15 days from the date of
commencement of contract.
40. The materials i.e. cement, steel, Granite, Marble, Tiles and Electrical Item etc. brought on the
work site shall be accompanied with necessary Company / Manufacturing firm’s test
certificates. In addition, these materials shall be tested as per frequency prescribed by the
department and the cost of such testing shall be borne by the contractor. If the test results are
satisfactory, then and then only the material shall be allowed to be used on the work. If the test
results are not as per standards prescribed, these materials shall be immediately removed from
the work site at contractor’s cost. In case of cement, if so, requested by the contractor in writing,
material shall be allowed to be used before receipt of test results but this will be entirely at the
risk and cost of the contractor.
41. COMPETANCY OF TENDER: The work will be awarded only to those contractors who are
considered to be substantially responsive bidders, capable of performing the class of work to
be completed. Before passing the final award any or all bidders may have to show that they
have the necessary experience, facilities, ability and financial resources to execute the work in
satisfactory manner and also within the stipulated time.
42. PRECAUTIONS TO BE TAKEN BY THE CONTRACTOR TO PREVENT ACCIDENT
:- No live electric lines should be allowed to run along the ground in the blasting zone and they
should be at least about 10 ft. above ground if not more. The wiring cable should not be taken
near the live electric line and it should be preferably shot firing cable as supplied by the supplier
of explosives. If such a cable is not available a substitute cable recommended by the explosive
suppliers should only be used. Under no circumstances should cable made up of several pieces
jointed and tapped be used, the blasting shed from where the exploder is to finally operated
should be at least 150 meters away from the area to be blasted. It should have a strong roof
which can with stand the impact of flying stones at this range. Only trained hands should be
allowed to handle explosives, cable detonators etc.
43. TEMPORARY QUARTER AND SITE OFFICE :- The Contractor shall at his own expense
maintain sufficient experienced supervisory staff etc. required for the work and shall make his
own arrangements for housing such staff with all necessary amenities. General layout plan for
such structures shall be got approved from the Engineer-in-charge. It will be the responsibility
of the Contractor to get his lay out plan of temporary structure approved from the local
competent authority. II) The contractor shall provide furnish, maintain and remove on
completion of the work; a suitable office on the work site for the use of Executive Engineer or
his representative. He should provide latrines, urinals and keep them clean daily. This will be
supposed to be included in his offer.
44. WATER SUPPLY: Availability of adequate water for works and sources thereof shall be
confirmed by the Contractor before submitting the tender. The Contractor shall make his own
arrangements at his own cost for entering into contract with concerned authorities for obtaining
the connection and carry the water up to the work site as required by him. The location of the
pipe line with respect to the road shall be decided by Engineer-in-charge and shall be binding
on the Contractor. The Contractor is advised to provide water storage tank of adequate capacity
to take care of possible shutdown of water supply system. The Contractor shall have to supply
water required by the Department for its establishment at work site. The water consumed by
the Department will be metered. For providing the meter permission, if necessary, will be
arranged by the Department. Charges for the water consumed by the Department will be paid
to the Contractor at the rates of 125% of the recurring costs or actually charged to him by
concerned authorities and no other charges would be payable by the Department.
45. SPECIFICATIONS:- The item includes providing traffic safety arrangements required for
traffic control near the stretch of road where improvement work is being taken up, before actual
start of improvement work of road. The contractor will have to provide the traffic safety
arrangements as per detailed drawing. The traffic safety arrangements will have to be got
approved from Engineer in Charge by the contractor before taking any construction activities
for improvement of road. The Engineer in Charge shall get himself satisfied about the traffic
safety arrangement provided on the work site before allowing Contractor to commence the
improvements activity and a certificate to that effect shall be recorded in the Measurement
Book.
46. COMPLETION CERTIFICATE: The work shall not be considered to have been completed
in accordance with the terms of the contract until the Engineer-in-charge shall have certified in
writing to that effect. No approval of material or workmanship or approval of part of work
during the progress of execution shall bind the Engineer-in-charge or in any way prevent him
from even rejecting the work which is claimed to be complete and to suspend the issue of his
certificate of completion until such alteration and modifications or reconstruction have been
affected at the cost of the Contractor as shall enable him to certify that the work has been
completed to his satisfaction.
47. In case of material procured by the contractor, testing as required by the codes and
specifications shall be arranged by him at his own cost. Testing shall be done in the presence
of authorized representative of the Engineer-in-charge at the nearest laboratory If additional
testing other than as required b) specification is ordered, the testing charges, shall be borne by
the Department, if the test results are satisfactory and by the contractor if the same are not
satisfactory. In case of materials supplied by the Government, if the contractor demands, certain
testing, the charges thereof shall be paid by contractor if the testing results are satisfactory and
by the Department if the same are not satisfactory
Dated sign of Teacher
Marks Obtained
Process Related Product Related Total
(15) (10) (25)
