BRIHANMUMBAI MUNICIPAL CORPORATION

E-TENDER

FOR

Name of Work: Procurement of 05 nos. of Khilkhilat Ambulance to be supplied

to various B.M.C. Hospitals.

E-TENDER DOCUMENT
Bid No:7200050751 Date:18.03.202316.02.20221608.05.2021

Website: portal.B.M.C..gov.in/tenders
Office of Dy.Ch.Engineer(SWM).Tr
Fourth Floor, Municipal Khatav Market Building,
Opposite Avishkar Building, Khatavwadi, Sleater road,
Grant Road (W), Mumbai-400007
Phone:- 022-23828903/23822870

Prepared By Checked By

Prepared By Checked Approved By

By

A. E.(Tr.) City Ex. Eng.(Tr.) Dy.Ch.E.(SWM) Tr.

City
 INDEX

SECTION DESCRIPTION

1 E-TENDER NOTICE

2 ELIGIBILITY CRITERIA

3 DISCLAIMER

4 INTRODUCTION

5 E-TENDER ONLINE SUBMISSION PROCESS

6 INSTRUCTIONS TO APPLICANTS

7 SCOPE OF WORK

8 BILL OF QUANTITIES

9 GENERAL CONDITIONS OF CONTRACT

10 FRAUD AND CORRUPT PRACTICES

11 PRE-BID MEETING

12 LIST OF APPROVED BANKS

13 APPENDIX
 SECTION 1
E-TENDER NOTICE
 BRIHANMUMBAI MUNICIPAL CORPORATION
Chief Engineer (SWM)

E-TENDER NOTICE

Subject:- Procurement of 05 nos. of Khilkhilat Ambulance to be supplied to various

Hospitals
The Brihanmumbai Municipal Corporation (BMC) invites e-tender to appoint
Contractor for the aforementioned work from contractors of repute, multidisciplinary engineering
organizations i.e. eminent firm, Proprietary/Partnership Firms/ Private Limited Companies/
Public Limited Companies/Companies registered under the Indian companies’ act 2013 , the
contractors registered with the Brihanmumbai Municipal Corporation, (BMC) in Appropriate Class as
per old registration and Appropriate Class as per new registration and from the contractors/firms
equivalent and superior classes registered in Central or State
Government/Semi Govt. Organization/Central or State Public Sector Undertakings, will be
allowed subject to condition that, the contractors who are not registered with BMC will have to apply
for registering their firm within three months time period from the award of contract, otherwise their
Bid Security i.e. E.M.D (Earnest Money Deposit) will be forfeited/recovered and an amount equal to
Registration Fee of respective class will berecovered as penalty.

Bidding Process will comprise of THREE stages.

The application form can be downloaded from BMC's portal (http://portal.B.M.C..gov.in) on payment
of Rs.10,400 + 18% G.S.T. The applicants not registered with B.M.C. are mandated to get registered
(Vendor Registration) with B.M.C. for e-tendering process & obtain login credentials to participate in the
online bidding process.

i) To download the application form, for those applicants not having vendor registration, need to
apply first for vendor registration at the office of Account Officer (FAR), 3rd floor, Municipal
Headquarter.

ii) Followed by SRM login ID and password to be obtained from Central Purchase Department
(CPD), Office at Byculla, Bakariadda, Mumbai

iii) For e-Tendering registration, enrollment for digital signature certificates and user manual,
please refer to respective links provided in ‘Tenders’ tab. Vendors can get digital signature from any
one of the Certifying Authorities (CA's) licensed by controller of certifying authorities namely,
Safes crypt, IDRBT, National informatics center, TCS, CUSTOMS, MTNL, GNFC and e- Mudhra CA.
 Contract Estimated Cost of
Name and location of work period Project

Procurement of 05 nos. of Khilkhilat Ambulance to be

10 days Item rate basis
supplied to various Hospitals

In terms of the 3 stage system of e-tendering, a Bidder will be required to deposit, along with its
Bid, an Earnest Money Deposit of Rs.1,17,410/- (Rupees One Lakh Seventeen Thousand Four Hundred
& Ten only) (the "EMD"), refundable in accordance to the relevant clause of bid document, from the Bid
Due Date, except in the case of the selected Bidder whose Bid Security/EMD shall be retained. The Bidders
will have to provide Earnest Money Deposit through the payment gateways while submitting the bids. The
Bid shall be summarily rejected if it is not accompanied by the Earnest Money Deposit. The e-tender is
available on BMC portal (http://portal.B.M.C..gov.in) as mentioned in the Header Data of the tender.

As per THREE Packet systems, the document for Packet A & B is to be uploaded by
the bidder in vendors’ document online in Packet A, B. Packet A,B & C shall be opened on dates as
mentioned in header data. All the responsive and eligible bidders if they so wish can be present at the
time of opening of bids, in the office of Ex. Eng. Tr (City). The Packet C shall be opened if bids submission
in Packet A & B satisfies/includes all the requirements and same are found acceptable to the Authority.
The Municipal Commissioner reserves the right to reject all or any of the e- tender(s)
without assigning any reasons at any stage.

The dates and time for submission and opening the bids are as shown in the Header Data. If
there are any changes in the dates the same will be displayed on the BMC Portal.
(http://portal.B.M.C..gov.in)

The Applicants interested for the above referred works may contact the Chief Engr.
(SWM) at the following address on any working day during office hours. Office of:

Office of the Ex. Eng. Tr.(City),

2nd Floor, Worli Garage Bldg,
Dr.E.Mozes Road, Worli
Mumbai – 400 018.

The applicants may wish to visit the site under reference located at City, W.S. & E.S. Divisions ,
a part of Greater Mumbai and can collect the information of the present status from the department who
have invited the bids.
The BMC reserves the rights to accept any of the application or reject any or all the application
received for above works, without assigning any reasons thereof. The information regarding above
subject matter is available on Website of BMC. (http://portal.B.M.C..gov.in/tenders)
Sd/-
Ex.Engr.Tr.(City)
 HEADER DATA
Tender Document No 7200050751
Name of Organization Brihanmumbai Municipal Corporation
Subject Procurement of 05 nos. of Khilkhilat Ambulance
to be supplied to various Hospitals.

Cost of Tender Rs.10,400 + 18 % G.S.T.)

Bid Security Deposit/ EMD Rs.1,17,410/-
Date of issue and sale of tender 18.03.2023 from 11:00Hrs
Last date & time for sale of tender & 24.03.2023 upto 16:00 Hrs
Receipt of Bid Security Deposit
Submission of Packet A, B & Packet C 24.03.2023 upto16:00Hrs
(Online)
Pre-Bid Meeting -------
Opening of Packet A 27.03.2023 after 16:01 Hrs
Opening of Packet B 27.03.2023 after 16:05Hrs.
Opening of Packet C 28.03.2023 after 15:00PM
Address for communication Office of the:-
Ex.Eng.Tr.(City) office BMC, Worli Garage
Bldg, 2nd Flr, Dr. E.Moses Road, Worli Naka,
Worli, Mumbai400018.
Venue for opening of bid On line in Ex.Eng.Tr.(City) office.

This tender document is not transferable.

The BMC reserves the rights to accept any of the application or reject any or all the applicationreceived
for above subject without assigning any reason thereof.

Sd/-
Ex.Eng. Tr.(City)
 SECTION 2
ELIGIBILITY CRITERIA
 1. Technical Capacity
The tenderer(s) in their own name should have satisfactorily executed the work of
similar nature BMC /Semi Govt. /Govt. & Public Sector Organizations during last seven
(7) years ending last day of month previous to the one in which bids are invited as a prime
Contractor (or as a nominated sub-Contractor, where the subcontract had involved similar
nature of work as described in the scope of works in this bid document, provided further
that all other qualification criteria are satisfied)
Three similar completed Two similar completed One similar completed works
works each costing not works each costing not less each costing not less than
less than amount equal to than amount equal to 25% amount equal to 40% of
20% of estimated cost of of estimated cost of subject estimated cost of subject
subject tender. OR tender. OR tender.
Rs.23,48,121/- Rs. 29,35,152/- Rs. 46,96,242/-

The value of executed works shall be brought to current costing level by enhancing the actual
value of work at compound rate of 10 % per annum; calculated from the date of completion to last
date of receipt of applications for tenders
Definition of similar work:
For assessing the technical capacity of the subject tender works; similar work shall mean, the
completed or completed part of ongoing works in respect of manufacturing /supplying or
fabricating and supplying of Ambulance vehicles/Blood bank vehicles or any other medical service
related vehicles in BMC /Semi Govt. /Govt. & Public Sector Organizations Or Manufacturer/
Authorized dealer of Manufacturer of ambulance like vehicles in BMC/Semi Govt. /Govt. & Public
Sector Organizations whose principal satisfies the above said technical capacity requirement of
similar work experienced.

2.2 Financial Capacity:

The Bidder shall have achieved an average annual financial as certified by Chartered
Accountant equal to 30% of the estimated cost in last (3) financial years immediately preceding the
financial year in which bids are invited. i.e. Rs.35,22,182/-
The value of executed works shall be brought to current costing level by enhancing the
actual value of work at compound rate of 10 % per annum; calculated from the
date of completion to last date of receipt of applications for tenders.
Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have:
 made misleading or false representation in the forms, statements and attachments
submitted in proof of the qualification requirements; and/or
 Record for poor performance such as abandoning the works, not properly completing the
contract, inordinate delays in completion, litigation history, or financial failures etc.
2.3 Bid Capacity: Deleted
2.4 Joint Venture:
Joint Venture is not allowed in this tender.

Sd/-
Ex.Eng. Tr.(City)
SECTION 3
DISCLAIMER
 DISCLAIMER
The information contained in this e-tender document or provided to Applicant(s), whether
verbally or in documentary or any other form, by or on behalf of the Brihanmumbai Municipal
Corporation(BMC), hereafter also referred as “The Authority “, or any of its employees or advisors, is
provided to Applicant(s) on the terms and conditions set out in this e-tender and such other terms and
conditions subject to which such information is provided.

This e-tender includes statements, which reflect various assumptions and assessments
arrived at by the Brihanmumbai Municipal Corporation(BMC) in relation to the Project. Such
assumptions, assessments and statements do not purport to contain all the information that each
Applicant may require. This e-tender may not be appropriate for all persons, and it is not possible for
the Brihanmumbai Municipal Corporation(BMC), its employees or advisors to consider the
investment objectives, financial situation and particular needs of each party who reads or uses this
e-tender. The assumptions, assessments, statements and information contained in this e- tender may
not be complete, accurate, adequate or correct. Each Applicant should therefore, conduct its own
investigations and analysis and should check the accuracy, adequacy, correctness, reliability and
completeness of the assumptions, assessments, statements and information contained in this e-tender
and obtain independent advice from appropriate sources.

Information provided in this e-tender to the Applicant(s) is on a wide range of matters,

some of which may depend upon interpretation of law. The information given is not intended to be
an exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The Brihanmumbai Municipal Corporation(BMC) accepts no
responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed here.

The Brihanmumbai Municipal Corporation (BMC), its employees and advisors make no
representation or warranty and shall have no liability to any person, including any Applicant or
Bidder, under any law, statute, rules or regulations or tort, principles of restitution or unjust
enrichment or otherwise for any loss, damages, cost or expense which may arise from or be
incurred or suffered on account of anything contained in this e-tender or otherwise, including the
accuracy, adequacy, correctness, completeness or reliability of the e-tender and any assessment,
assumption, statement or information contained therein or deemed to form part of this e-tender or
arising in any way with pre-qualification of Applicants for participation in the Bidding Process.The
Brihanmumbai Municipal Corporation(BMC) also accepts no liability of any nature whether resulting
from negligence or otherwise howsoever caused arising from reliance of any Applicant
upon the statements contained in this e-tender.
The Brihanmumbai Municipal Corporation(BMC) may, in its absolute discretion but without
being under any obligation to do so, update, amend or supplement the information, assessment or
assumptions contained in this e-tender.

The issue of this e-tender does not imply that the Brihanmumbai Municipal
Corporation(BMC) is bound to select and short-list pre-qualified Applications for Bid Stage or to
appoint the selected Bidder or Concessionaire, as the case may be, for the Project and the
Brihanmumbai Municipal Corporation(BMC) reserves the right to reject all or any of the Applications
or Bids without assigning any reasons whatsoever.

The Applicant shall bear all its costs associated with or relating to the preparation and
submission of its Application including but not limited to preparation, copying, postage, delivery
fees, expenses associated with any demonstrations or presentations which may be required by The
Brihanmumbai Municipal Corporation(BMC) or any other costs incurred in connection with or
relating to its Application. All such costs and expenses will remain with the Applicant and the
Brihanmumbai Municipal Corporation (BMC) shall not be liable in any manner whatsoever for the
same or for any other costs or other expenses incurred by an Applicant in preparation or submission
of the Application, regardless of the conduct or outcome of the Bidding Process.
 SECTION 4
INTRODUCTION
 INTRODUCTION
Background:

It is a well known fact that, newly born babies are extremely sensitive and gets easily affected by the
surrounding environment. In today's world, under the shed of heavy pollution and such typical conditions,
shifting newly born babies from hospitals to their homes is a very critical phase. Because of these
circumstances, it is proposed to design such a vehicle that is completely equipped and insulated to avoid such
hazardous gases, materials and shift infants in a safe and secured environment. The main aspect of
procurement of such Khilkhilat ambulance vehicle is to upgrade the health infrastructure in Mumbai.
Such types of vehicles are already in operational in various cities of Gujarat State. On the line of Gujarat
government, Maharashtra government is soon going to start Khilkhilat Ambulance services for newborns.
These ambulances will be specially designed to drop the mother and the newborn child at their homes.
This ambulances will be designed by keeping in the minds of little babies and the main motive behind this is
to give happiness to the family and babies as it's a special moment for the family to have a new baby as a new
member in the family.
As such through this tender, BMC intends to procure BS VI compliant ambulance like vehicle of reputed
make for above said purpose as per the technical specifications mentioned in the scope of work as per the
requirement.

Scope of Work:

The Scope of Work and Technical Specifications are defined in Section 7 in details.
 SECTION 5
E-TENDERING ONLINE
SUBMISSION PROCESS
 E-TENDERING ONLINE SUBMISSION PROCESS

The terminology of e-Tendering is solely depending upon policies in existence, guidelines

and methodology adopted since decades. The SRM is only change in process of accepting and
evaluation of tenders in addition to manual. The SAP module to be used in this E-tendering is
known as Supplier Relationship Module (SRM).SRM is designed and introduced by ABM
Knowledge ware Ltd. who will assist BMC in throughout the tendering process for successful
implementation.

NOTE: This tendering process is covered under Information Technology ACT & Cyber Laws as
applicable

(1) In e-tendering process some of the terms and its definitions are to be read as under wherever it
reflects in online tendering process.

Start Date read as “Sale Date”

End Date read as “Submission Date”

Supplier read as “Contractor/bidder”

Vendor read as “Contractor/bidder”

Vendor Quotation read as “Contractors Bid/Offer”

Purchaser read as “Department/BMC”

I. Before entering in to online tendering process, the contractors should complete the registration
process so as to get User ID for E-tendering links. For this, the contractors can access through
Supplier registration via BMC Portal.

There are two methods for this registration :( II and III)

II. Transfer from R3 (registered contractors with BMC) to SRM

a. Contractors already registered with BMC will approach to Vendor Transfer cell.

b. Submit his details such as (name, vendor code, address, registered Email ID, pan card etc.) to
Vendor transfer cell.

c. BMC authority for Vendor Transfer, transfers the Vendor to SRM application from R3 systemto
SRM system.

d. Transferred Vendor receives User ID creation link on his supplied mail Id.
e. Vendor creates his User ID and Password for e-tendering applications by accessing link sent to
his mail ID.

III. Online Self Registration (Temporary registration for applicant not registered with BMC)

a. Vendor fills up Self Registration form via accessing BMC portal.

b. Vendor Transfer cell (same as mentioned above) accesses Supplier Registration system and
accepts the Vendor request.

c. Accepted Vendor receives User ID creation email with Link on his supplied mail Id.

d. Vendor creates his User ID and Password for e-tendering application.

IV. CONTRACTORS BIDDING: Applicant will Quote and Upload Tender Documents

1. Access e-tender link of SRM Portal

2. Log in with User ID and Password

3. Selects desired Bid Invitation (he wants to bid)

4. To download tender documents contractors will have to pay online Tender fee. The same
can be done by accessing Pay Tender Fees option. By this one will be able to pay Tender fee
through Payment Gateway-If transaction successful, Contractors can register his interest to
participate. Without Registration one cannot quote for the Bid/Tender.

5. Applicant will download Tender Documents from Information from purchaser tab by
accessing Purchaser document folder through collaboration ‘C’ folder link.

6. Applicant will upload Packet A related and Packet B related Documents in Packet A and
Packet B folder respectively by accessing these folders through “My Notes” Tab and
collaboration folder link.

7. All the documents uploaded have to be digitally signed and saved. Contractors can procure
there digital signature from any certified CA’s in India.

8. Bid security deposit/EMD and ASD, if applicable, should be paid online as mentioned in
tender.

9. For commercial details (in Packet C) contractors will fill data in Item Data tab in Service
Line Item via details and quotes his “Percentage Variation” (i.e.% quoted) figure.(If entered ‘0’
it will be treated as at par. By default the value is zero only.
 10. Applicants to check the bid, digitally signs & save and submit his Bid Invitation.

11. Applicants can also save his uploaded documents/commercial information without submitting
the BID for future editing through ‘HOLD’ option.

12. Please note that “Hold” action do not submit the Bid.

13. Applicants will receive confirmation once the Bid is submitted.

14. Bid creator (BMC) starts Bid Opening for Packet A after reaching End Date and Time and Bid
Evaluation process starts.

As per Three Packet system, the document for Packet A & B are to be uploaded by the
tenderer in 'Vendor's document' online in Packet A & B. Before purchasing/ downloading the
tender copy, tenderer may refer to post- Qualification criteria mentioned in e-Tender Notice.

The tenderer shall pay the EMD/Bid Security through payment gateways before submission
of Bid and shall upload the screenshot of receipt of payment in Packet ‘A’ instead of paying the
EMD at any of the CFC centers in BMC Ward Offices.

The e-tender is available on BMC portal, http://portal.B.M.C..gov.in, as mentioned in the

Header Data of the tender. The tenders duly filled in should be uploaded and submitted online on
or before the end date of submission. The Packet ‘A’, Packet ‘B’ & Packet ‘C’ of the tenderer will
be opened as per the time-table shown in the Header Data in the office of Ex. Eng.Tr.(City).
The Municipal Commissioner reserves the right to reject all or any of the e-Tender(s)
without assigning any reason at any stage. The dates and time for submission and opening the
tenders are as shown in the Header Data. If there are any changes in the dates the same will be
displayed on the BMC Portal (http://portal.B.M.C..gov.in).
 SECTION 6
INSTRUCTIONS TO
APPLICANTS
 INSTRUCTIONS TO APPLICANTS

A. Scope of Application
The authority wishes to receive Application for Qualification in order to SELECT experienced
and capable Applicants for the Bid Stage.

A. Eligibility of Applicants

The Brihanmumbai Municipal Corporation(BMC) invites e-tender to appoint

Contractor for the aforementioned work from contractors of repute, multidisciplinary
engineering organizations i.e. eminent firm, Proprietary/Partnership Firms/Private Limited
Companies/ Public Limited Companies/ Companies registered under the Indian companies’ act
2013, the contractors registered with the Brihanmumbai Municipal Corporation, (BMC) in
appropriate Class as per old registration and new registration and from the contractors/firms
equivalent and superior classes registered in Central or State Government/Semi Govt.
Organization/Central or State Public Sector Undertakings, will be allowed subject to
condition that, the contractors who are not registered with BMC will have to apply for
registering their firm within three months time period from the award of contract, otherwise
their Bid Security i.e. E.M.D (Earnest Money Deposit) will be forfeited/recovered and an
amount equal to Registration Fee of respective class will be recovered as penalty.
The applicant shall also fulfill the eligibility criteria which are defined in Section 2.

C. Bid Capacity: Deleted

D. Equipment Capabilities as required for this work

The successful bidder shall understand that this is the tender for supply of 05 nos. of Ambulance
Vehicles(BLS Type C ) as per technical specifications mentioned in scope of work along with standard
tools accessories and spares.cl

The bidder should undertake their own studies of the nature of work and devise a plan and
methodology for the executing the said work or as per the instructions of the site in-charge and he shall
make his own arrangement of vehicles/ equipment / machinery for the same.

The tenderer shall ensure commitment on an undertaking on Rs.500/- stamp paper to be

submitted along with the Bid in Packet B in the prescribed Proforma (VII).

E. Technical Personnel: Deleted

F. Time Period of the Project

 Entire work of supply of vehicles along with their registration with the concerned RTO authority
shall be within 10 days from the date of award of contract.

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 Letter of Acceptance is given to the
Contractor. The work shall, throughout the stipulated period of the Contract, be proceeded with all due
diligence, as time being deemed to be the essence of the contract, on the part of the Contractor. On
failing to do so, the contractor shall pay as compensation an amount which shall be governed as per
Clause-8(e) of the Standard General Conditions of Contract.

G. Contract Execution

All required documents for execution of the contract shall be submitted within 30 days
from the date of issue of letter of acceptance. If the documents are not submitted within
the stipulated time, a penalty of Rs.5000/- per day shall be applicable to the contractor. All
contract documents need to be duly affixed with stamp duty properly signed along with
evidence/proof of payment of security/contract deposit/ within 30 days from the date of letter of
acceptance received by him.

H. If the amount of the Contract Deposit to be paid above is not paid within 30 days from
the date of issue of Letter of Acceptance, the Tender / Contractor already accepted shall
be considered as cancelled and legal steps be taken against the contractor for recovery of the documents.

I. The amount of Security Deposit retained by the BMC shall be released after expiry of period up
to which the contractor has agreed to maintain the working good orders over. In the event of the
contractor failing or neglecting to complete the rectification work within the period up to which the
contractor has agreed to maintain the work in good order, the amount of security deposit retained by
BMC shall be adjusted to- wards the excess cost incurred by the Department on rectification work.
J: Action when whole security deposit is forfeited:

In any case in which under any Clause of this contract, the contractor shall have rendered
himself liable to pay compensation amounting to the whole of this security deposit
whether paid in one sum or deducted by instalments or in the case of abandonment of the
work owning to serious illness or death of the contractor or any other cause, the Engineer
on behalf of the Municipal Commissioner shall have power to adopt any of the following process, as he
may deem best suited to the interest of BMC.

(a) To rescind the contract (for which recession notice in writing to the contractor
under the head of Executive Engineer shall be conclusive evidence) and in that
case, the security deposit of the contract shall stand forfeited and be absolutely at
the disposal of BMC.
(b) To carry out the work or any part of the work departmentally debiting the contractor
with the cost of the work, expenditure incurred on tools and plant, and charges on
additional supervisory staff including the cost of work-charged establishment
employed for getting the un-executed part of the work completed and crediting him
with the value of the work done departmentally in all respects in the same manner
and at the same rates as if it had been carried out by the contractor under the terms of his
contract. The certificate of the Executive Engineer as to the costs and other allied expenses so
incurred and as to the value of the work so done departmentally shall be final and conclusive
against the contractor.

(c) To order that the work of the contractor be measured up and to take such part thereof as shall
be un-executed out of his hands, and to give it to another contractor to
complete, in which case all expenses incurred on advertisement for fixing a new
contracting agency, additional supervisory staff including the cost of work charged
establishment and the cost of the work executed by the new contract agency shall be
debited to the contractor and the value of the work done or executed through the new
contractor shall be credited to the contractor in all respects and in the same manner
and at the same rates as if it had been carried out by the contractor under the terms of
his contract. The certificate of the Executive Engineer as to all the cost of the work
and other expenses incurred as aforesaid for or in getting the un-executed work done
by the new contractor and as to the value of the work so done shall be final and conclusive
against the contractor.

In case the contract shall be rescinded under Clause (a) above, the contractor shall not
be entitled to recover or be paid any sum for any work therefor actually performed by
him under this contract unless and until the Executive Engineer shall have certified in
writing the performance of such work and the amount payable to him in respect
thereof and he shall only be entitled to be paid the amount so certified. In the event of
either of the courses referred to in Clause (b) or (c) being adopted and the cost of the
work executed departmentally or through a new contractor and other allied expenses
exceeding the value of such work credited to the contractors amount of excess shall
be deducted from any money due to the contractor, by BMC under the contract or
otherwise, howsoever, or from his security deposit or the sale proceeds thereof
provided, however, the contractor shall have no claim against BMC even if the
certified value of the work done departmentally or through a new contractor exceeds
the certified cost of such work and allied expenses, provided always that whichever
of the three courses mentioned in clauses (a), (b) or (c) is adopted by the Executive
Engineer, the contractor shall have no claim to compensation for any loss sustained
 by him by reason of his having purchase or procured any materials or entered in to
any engagements or made any advance on account of or with a view to the execution of the work
or the performance of the contract.

K. Contract may be rescinded and security deposit forfeited for bribing a public officer or if
the contractor becomes insolvent:

If the contractor assigns or sublets his contracts or attempt so to do, or become insolvent
or commence any proceeding to get himself adjudicated and insolvent or make any
composition with his creditors, or attempt so to do or if bribe, gratuity, gift, loan,
perquisite, reward or advantage, pecuniary or otherwise, shall either directly or indirectly
be given promised or offered by the contractor or any of his servants or agents through
any public officer, or person in the employ of BMC/Govt. in any way relating to his office or
employment, or if any such officer or person shall become in any way directly or indirectly interested in
the contract the Engineer In-charge may thereupon, by notice in writing rescind the contract and the
Security Deposit of the Contractor shall thereupon stand forfeited and be absolutely at the disposal of
BMC and the same consequences shall ensure as if the contract had been rescinded under above clause J
hereof; and in addition the contractor shall not be entitled to recover or be paid for any work therefore
actually performed under the contract.

L. Infrastructural set-up:

The tenderer shall have a reasonable and sufficient office space with an independent telephone
facility and net connectivity in Mumbai Metropolitan Region (MMR) for communication purpose. If the
applicant is having his office address out-side of MMR, then he shall furnish the details of contact
person in MMR with his photograph, address, phone, email-id, etc. for communication purpose. After
award of contract, office shall be provided in the jurisdiction of MMR as per the tender conditions. In
case of any litigation, the jurisdiction shall be restricted to MMR only. To establish proof of office
address, the tenderer shall submit the photocopy of one of the documents such as current paid
Electricity Bill, Property Tax Bill, Water Tax Bill, valid Shop and Establishment Certificate etc.

M. The contractors shall register themselves under the provisions of prevailing guidelines issued by
BMC from time to time.

N. Joint Venture: Not allowed

O. Force Majeure
1) Notwithstanding the provisions of above the tenderer shall not be liable for forfeiture of its
performance security, liquidated damages or termination or other failure to perform its
obligations under the contract in result of an event of Force Majeure.
2) For purposes of this clause, ‘Force Majeure’ means an event beyond the control of the
successful tenderer and not involving the successful tenderer’s fault or negligence and such
events may include strike, riots, wars or revolutions, fires, floods, epidemics, earthquakes,
other natural calamity and quarantine restrictions.

3) If a force majeure situation arises, the successful tenderer shall promptly notify the BMC in
writing of such condition and the cause thereof. Unless otherwise directed by BMC in
writing the successful tenderer shall continue to perform its obligations under the contract as
near as it is reasonably practical, also shall seek all reasonable alternative means of
performance.
 
Submission of Tenders
PACKET – A

The Packet ‘A’ shall contain scanned certified copies of the following documents

Scrutiny of this packet will be done strictly with reference to only the scanned copies of
Documents uploaded online in packet ‘A’

a) Valid Registration Certificate.

b) The tenderer shall produce latest Bank Solvency Certificate of Rs.8 lakhs or more issued by
any recognized Bank obtained not earlier than 12 months prior to the date of submission of tender.

c) A document in support of Registration under GST Act 2017. In case Goods and Service
Tax is made applicable, the rules, regulations, guidelines, circulars, communications etc. issued
in this regard either by Govt. of India, Govt. of Maharashtra or B.M.C. shall be made applicable.

d) Certified copies of valid 'PAN' documents and photographs of the individuals, owners,
Karta of Hindu undivided Family, firms, private limited companies, registered co-operative
societies, partners of partnership firms and at least two Directors, if number of Directors are more
than two in case of Private Limited Companies, as the case may be. However, in case of Public
Limited companies, Semi Government Undertakings, Government Undertakings, no 'PAN'
documents will be insisted.

e) Latest Partnership Deed in case of Partnership firm duly registered with Chief Accountant
(Treasury) of BMC.

The bidders shall categorically provide their Email-ID in packet ‘A’.

NOTE:

 If the tenderer(s) withdraw tender offer during the tender validity period, his entire E.M.D
shall be forfeited.

 If it is found that the tenderer has not submitted required documents in Packet “A” then, the
shortfalls will be communicated to the tenderer through e-mail only and compliance
required to be made within a time period of three working days otherwise they will be
treated as non-responsive.
 PACKET – B

The Packet ‘B’ shall contain scanned certified copies of the following documents –

a) The list of similar type of works as stated in para ‘A’ of Post qualification successfully
completed during the last five years in prescribed proforma, in the role of prime
contractor. Information furnished in the prescribed proforma (Proforma – I) shall be
supported by the certificate duly self-attested. Documents stating that it has successfully
completed during the last five years at least one contract of similar works as stated in para
‘A’ of Post qualification.

b) Annual financial turnover for preceding three financial years as certified by Chartered
Accountant preceding the Financial Year in which bids are invited. Copies of
Applicants duly audited balance sheet and profit and loss account for the preceding
three financial years preceding the Financial Year in which bids are invited.
(Proforma – II)

c) Documents stating that, it has access to or has available liquid assets, unencumbered
assets, lines of credit and other financial means (independent of any contractual advance
payment) sufficient to meet the construction cash flow requirements for the subject
contract in the event of stoppage, start-up, or other delay in payment, of the
minimum 15% of the cost of the work tendered for, net of the tenderer's commitment of
other contracts (Certificate from Bankers / C.A./Financial Institution shall be accepted as a
evidence).

d) The bidder shall give undertaking on Rs 500/-stamp paper that it is his/their sole
responsibility to arrange the required machineries either owned/on lease or hire basis, at
site before start of the work
i) Details of works in hand (Proforma VI-A & VI-B) (original), along with copies of
work orders & attested copies of percentage of works completed or part thereof.

ii) The undertaking of Rs.500/- stamp paper as per the proforma annexed in ‘Annexure B
& C’

Note: Bidders shall submit the undertaking for equipment capability and
other undertakings as such on a single Rs.500/- stamp paper.

iii) The tenderers shall upload work plan as per the following outline:
1. Organizational set up envisaged by the contractors .
2. Site Offices proposed to be set up.

Note:
i. The successful bidder shall submit valid registration certificate under E.S.I.C., Act 1948, if
the tenderer has more than 10 employees /persons on his establishment (in case of
production by use of energy) and 20 employees/persons on his establishment (in case of
production without use of energy) to BMC as and when demanded. In case of less
employees/persons mentioned above then the successful bidder has to submit an
undertaking to that effect on Rs. 200 stamp paper as per circular u/no. CA/FRD/I/65 of
30.03.2013.

ii. The successful bidder shall submit valid registration certificate under E.P.F. & M.P., Act
1952, if tenderer has more than 20 employees/persons on his establishment, to BMC as
and when demanded. In case if the successful bidder has less employees/persons
mentioned above then the successful bidder has to submit an undertaking to that effect on
Rs. 200 stamp paper as per circular u/no. CA/FRD/I/44 of 04.01.2013.

iii. Details of Litigation History: The bidder shall disclose the litigation history in Packet ‘B’
under the head – Details of Litigation History. If there is no litigation history the
biddershallspecificallymentionthatthereisnolitigationhistoryagainsthimasper

the clause of litigation history .In case there is litigation history -Litigation History must
cover – Any action of blacklisting, debarring , banning ,suspension , deregistration and
cheating with BMC , State Govt., Central Govt. organization authority under state or
Central Government Organization initiated against the company , firm, directors, partners
or authorized signatory shall be disclosed for last 5 years from the date of submission of
bid about any action like show cause issued, blacklisting , debarring , banning suspension ,
deregistration and cheating with BMC and BMC is the party in the litigation against
thecompany,firm,directors,partnersorauthorizedsignatoryforcarryingoutanywork for BMC
by any authority of BMC and the orders passed by the competent authority or by any
Court where BMC is a party .While taking decision on litigation history , the concerned
Chief Engineer or D.M.C. or Director, as may be the case , should consider the details
submitted by bidder and take decision based on the gravity of the litigation and the adverse
effect of the act of company firm , directors , partners or authorized signatory on the BMC
works which can spoil the quality , output , delivery of any goods or any work execution
and within the time frame. The litigation history shall be treated as curable defect.

Note:

 If it is found that the tenderer has not submitted required documents in Packet “B”
then, the shortfalls will be communicated to the tenderer through e-mail only and
compliance required to be made within a time period of three working days otherwise
they will be treated as non-responsive.
 PACKET – C

a. Online tender shall be filled in on item rate basis. (There is no separate provision to quote
item rate in physical form, this is a part in Header Data of online Tendering). For Packet ‘C’
tenderer(s) will fill data in ‘Item Data Tab’ in Service Line Item via Details and quotes his
item rate figures.

Note: In case of rebate/premium of 15% and above as quoted by the tenderer, the rate
analysis of major items shall be submitted by L1 and L2 bidder after demand
notification by e-mail to bidders by concerned Ex. Engineer The format for rate
analysisis annexed at Annexure D.
BID SECURITY OR EMD

 The Bidder shall furnish, as part of the Bid, Bid Security/EMD, in the amount speci-fied
in the Bid Data Sheet. This bid security shall be in favor of the authority mentioned in the
Bid Data Sheet and shall be valid till the validity of the bid.

 The tenderers shall pay the EMD online instead paying the EMD at any of the CFC
centres in BMC Ward Offices.

 Any bid not accompanied by an acceptable Bid Security and not secured as indicat-ed in
sub-clause mentioned above, shall be rejected by the Employer as non-responsive.

 The Bid Security of the successful Bidder will be discharged when the Bidder has
signed the Agreement and furnished the required Security Deposits.

 The Bid Security/ EMD of L-3 and bidder shall be refunded immediately after open-ing
of financial bid but, the EMD/ASD submitted by the L-2 bidder will be returned after
obtaining Standing Committee Resolution.

 The Bid Security may be forfeited:

a) if the Bidder withdraws the Bid after bid opening (opening of technical qualification part
of the bid during the period of Bid validity;

b) in the case of a successful Bidder, if the Bidder fails within the specified time limit to:

i. sign the Agreement; and/or

ii. Furnish the required Security Deposits.

1. The cases wherein if the shortfalls are not complied by a contractor, will be informed
to Registration and Monitoring Cell. Such non-submission of documents will be
considered as ‘Intentional Avoidance’ and if three or more cases in 12 months are re-
ported, shall be viewed seriously and disciplinary action against the defaulters
such as banning/de-registration, etc. shall be taken by the registration cell with due
 ap-proval of the concered AMC.
2. No rejections and forfeiture shall be done in case of curable defects. For non-curable
defects the 10% of EMD shall be forfeited and bid will be liable for rejection.

Note:
i) Curable Defect shall mean shortfalls in submission such as:
a. Non-submission of following documents,
i. Valid Registration Certificate
ii. Valid Bank Solvency
iii. Sales Tax Registration Certificate (VAT)/ GST Registration
Certificate or GST Number.
iv. Certified Copies of PAN documents and photographs of
individuals, owners, etc
v. Partnership Deed and any other documents
vi. Undertakings as mentioned in the tender document.
b. Wrong calculation of Bid Capacity,
c. No proper submission of experience certificates and other documents, etc.

ii) Non-curable Defect shall mean

a. In-adequate submission of EMD/ASD amount,
b. In-adequacy of technical and financial capacity with respect to Eligibility
criteria as stipulated in the tender.

BID VALIDITY

 Bids shall remain valid for a period of not less than one eighty (180) days after
the deadline date for bid submission specified in Bid Data Sheet. A bid valid for a
shorter period shall be rejected by the Employer as non-responsive.

 In exceptional circumstances, prior to expiry of the original time limit, the Employ-
er may request that the bidders may extend the period of validity for a specified additional
period. The request and the bidders’ responses shall be made in writing or by cable. A bid-
der may refuse the request without forfeiting his Bid Security. A bidder agreeing to the re-
quest will not be required or permitted to modify his bid, but will be required to extend the
validity of his bid security for a period of the extension.
 SECURITY DEPOSIT

A. Security Deposit
The security deposit shall mean and comprise of Contract Deposit .
Contract Deposit – The successful tender, here after referred to as the contractor shall
pay an amount equal to FIVE (5) percent of the contract sum shall be paid within thirty
days from the date of issue of letter of acceptance.

The PG shall be paid in one the following forms.

I) Cash (In case guarantee amount is less than Rs.10,000/-
II) Demand Draft (In case guarantee amount is less than Rs.1,00,000/-)
III) Government securities
IV) Fixed Deposit Receipts (FDR) of a Schedule Bank.
V) An electronically issued irrevocable bank guarantee bond of any
Schedule bank or f in the prescribed form given in Annexure.
Performance Guarantee is applicable over and above the clause of Security Deposit.
Performance Guarantee will have to be paid & shall be valid till the defect liability
period or finalization of final bill whichever is later.
This deposit will be allowed in the form of I to V as mentioned above and shall be
paid within 15 days after receipt of Letter of Acceptance.

B. Refund of Security Deposit

I Refund of Contract Deposit
The Contract Deposit shall be released within 30 days after completion of the work
subject to finalization of final bill, whichever is later and no recoveries are pending
against the said work, provided that the Engineer is satisfied that there is no demand
outstanding against the Contractor.

Summary of time of Refund of deposit is tabulated as follows:

Time of Refund of Contract Deposit

Completion of the work subject to finalization of final bill, whichever is later and no recoveries are pending
against the said work, provided that the Engineer is satisfied that there is no demand outstanding against the
Contractor.
Contract Deposit

a) It shall be clearly mentioned that the BG shall be applicable for individual work/contract
and clubbing of various contracts of the said contractor will not be allowed. In case of obtaining
Bank Guarantee, it is necessary to mention that the same shall be valid further 15 days from the
completion of defect liability period/ warranty period.
b) It shall be the responsibility of the bidder to keep the submitted B.G. “VALID” for the
stipulated time period in the tender & in case of its expiry it will attract penalization.
 c) Bank Guarantee should be issued by way of General Undertaking and Guarantee issued on
behalf of the Contractor by any of the Nationalized or Scheduled banks or branches of foreign
banks operating under Reserve Bank of India regulations located in Mumbai upto Virar & Kalyan.
List of approved Banks is appended at the end of Instructions to Bidders (ITB). The Bank
Guarantee issued by branches of approved Banks beyond Kalyan and Virar can be accepted only if
the said Bank Guarantee is countersigned by the Manager of a Regional Branch of the same bank
within the Mumbai City Limit categorically endorsing thereon that the said Bank Guarantee is
binding on the endorsing Branch of the Bank or the Bank itself within Mumbai Limits and is liable
to be enforced against the said Branch of the Bank or the bank itself in case of default by the
Contractors furnishing the Bank Guarantee. The Bank Guarantee shall be renewed as and when
required and/or directed from time to time until the Contractor has executed and completed the
works and remedied any defects therein.

C. Legal + Stationary Charges:

Successful tender shall pay the Legal Charges + Stationery charges as per Circular

Legal + Stationery
Contract Value Charges
(in Rs.)
From Rs. 10,001/- To Rs. 50,000/-- Nil

From Rs. 50,001/- To Rs. 1,00,000/- 6290/-

From Rs. 1,00,001/- To Rs. 3,00,000/- 10380/-

From Rs. 3,00,001/- To Rs. 5,00,000/- 12470/-

From Rs. 5,00,001/- To Rs. 10,00,000/- 14510/-

From Rs. Rs.
10,00,001/- To 20,00,000/- 16570/-
From Rs. Rs.
20,00,001/- To 40,00,000/- 18660/-
From Rs. Rs.
40,00,001/- To 1,00,00,000/- 20720/-
From Rs. Rs.
1,00,00,001/- To 10,00,00,000/- 24450/-
From Rs. Rs. 20,00,00,000/-
10,00,00,001/- To 28220/-
From Rs. 20,00,00,001/- Rs. 30,00,00,000/-
To 31980/-
From Rs. 30,00,00,001/- Rs. 40,00,00,000/-
To 35740/-
From Rs. 40,00,00,001/- Rs. 50,00,00,000/-
To 39470/-
From Rs. 50,00,00,001/- Rs.
To 1,00,00,00,000/- 47000/-
From Rs. Rs. 2,00,00,00,000/-
1,00,00,00,001/- To 58270/-
From Rs. 2,00,00,00,001/- Rs. 3,00,00,00,000/-
To 65770/-
From Rs. 3,00,00,00,001/- Rs. 4,00,00,00,000/-
To 75120/-
From Rs. 4,00,00,00,001/- Rs. 5,00,00,00,000/-
To 84510/-
From Rs. 5,00,00,00,001/- Rs.
To Any Value 93920/-

The tenderers are requested to note that stationary charges as given in the table above
will be recovered from the successful tenderer for supply of requisite prescribed forms for
preparing certificate bills in respect of the work.

D. Stamp Duty:

It shall be incumbent on the successful tenderer to pay stamp duty on the contract.

i. As per the provision made in Article 63, Schedule I of Bombay Stamp Act 1958, stamp
duty is payable for “works contract” that is to say, a contract for works and labour or
services involving transfer of property in goods (whether as goods or in some other form)
in its execution and includes a sub-contract, as under :

(a) Where the amount or value set forth Five Hundred rupees stamp duty
in such contract does not exceed
rupees ten lakh.

(b) Where it exceeds rupees ten lakhs Five hundred rupees plus 0.1% of
Rs.1,00,000/- or part thereof, above Rupees
Ten lakh subject to the maximum of Rupees
Twenty five lakh stamp duty.
(C) Further, the successful Tenderer shall pay Stamp Duty @ 0.5 % of the Bank
Guarantee Amount towards the Contract Cost.
ii. The successful bidder shall enter into a contract agreement with M.C.G.M. within 30 days
from the date of issue of Work Order and the same should be adjudicated for payment of
Stamp Duty by the successful bidder.
iii. Further shortfall if any, in amount of stamp duty paid as against prescribed amount for the
documents executed in Mumbai City & Mumbai Suburban District be recovered from the
concerned work contractors and to deposit the deficit or unpaid Stamp Duty and penalty by
two separate Demand Draft or Pay Order in favour of “Superintendent of Stamp, Mumbai”
within 15 days from intimation thereof.

iv. All legal charges and incidental expenses in this respect shall be borne and paid by the
successful tenderer.
 IMPORTANT DIRECTIONS

1. All the information uploaded shall be supported by the corroborative documents in

absence of which the information uploaded will be considered as baseless and not accepted for
qualification criteria. All the documents shall be uploaded with proper pagination. The page
No. shall be properly mentioned in the relevant places.

The information shall be uploaded in the sequence as asked for with proper indexing etc.
The Bidder shall be fully responsible for the correctness of the information uploaded by him.

2. Applicants/Bidders shall refer portal.B.M.C..gov.in\tenders for “The Manual of Bid-

Submission for Percentage Rate/Item Rate Tender Document.” The detail guidelines for crea-
tion and submission of bid are available in the referred document.
Any queries or request for additional information concerning this TENDER shall be
submitted by e-mail to [email protected]. The subject shall clearly bear the following
identification/ title: "Queries/ Request for Additional Information: TENDER for for
“Subject of the tender”. Any changes in mail ID willbe intimated on the portal.
3. In case of Equal Rates of lowest bidders (L1), the allotment of work shall be done by
giving 48 hrs (2 working days) from the day of opening of packet C on same BID-
Document number for re-quoting and such development needs to done by IT
department in BMC’s SRM system. Till such development is made; ‘Sealed Bids’
shall be called from the bidders quoting the same rates i.e. L1.

In case of Equal Rates of lowest bidders is obtained even after re-quoting, then the
successful bidder will be decided by lottery system by concerned Ch.Eng.
 SECTION 7
SCOPE OF WORK
 SCOPE OF WORK AND TECHNICAL SPECIFICATIONS

Khilkhilat ambulance vehicles will be used by various Municipal Hospitals which will provide drop back
facilities to newborns and mothers. Successful tenderer shall Supply vehicle of ergonomically designed of Min.
BS-VI norms compliant. Apart from purchasing vehicles, branding works shall be carried out and facilities such
as comfortable seating arrangement for mother, child and their relatives, baby care system, neat & beautiful
interior, colorful curtains etc. shall be provided.
The details specification of vehicle are as follows:-
1 Type of Ambulance shall be Type C , as per clause 3.3.3 of AIS:125 Part-1
2 No of vehicle :- 05 Nos.
3 Category of Vehicle :- M2
4 Type of Fuel :- Diesel
5 Vehicle Emission Compliance :- Min. BS-VI norms complaint
6 Air Conditioning :- A.C.
7 Engine BHP :- Above 110 horsepower
8 Engine Torque Max (N-m) :- Min 300
9 Type of Vehicle Body :- Monocoque
Ground Clearance(road Clearance from
10 :- Min 200 millimeter
floor)
11 Wheel Base :- 3350 to 3450 millimeter
12 Gross Vehicle Weight :- Min. 3500 kilogram
BIS marked Pneumatic Tyres and tubes for both
13 Type of Tyre and Tube :-
front and rear
14 Size Of Tyre :- 215/75R15
15 No. of Gears :- 5 Forward & 1 Reverse
16 Drive Axle :- Rear
17 Type of Steering :- Power
18 Turning Radius :- Max. 6650 millimeter
19 Patient Compartment :- As per cl. 4.5 of AIS 125 Pt I
20 Overall Length of Patient Compartment :- Min.3300 millimeter
21 Overall Width of Patient Compartment :- Min.1680 millimeter
The ceiling, the material of floor and side shall be
22 Construction of Patient Compartment :-
non-permeable and resistant to disinfectant
GI sheet of thickness 0.8 mm min, FRP panelling,
23 Interior Panel of side body :-
ABS panelling with Anti bacterial material
Openings (Doors, Windows, Emergency
24 :- AS per cl. 4.4.5 of AIS 125 Pt. I
Exits)
25 Number of stretcher :- 1
2
26 Min Number of Patient and Attendant Seats :-
Main Equipments
Mounting for portable Oxygen cylinder of 2.2 L
27 PROVISION FOR MEDICAL DEVICES :- water capacity, Hook for infusion mounting,
Storage for keeping first aid and nursing kit
 Main stretcher with undercarriage ,Oxygen
28 Type of Patient Handling Equipment :- Cylinder Bracket, I.V. Bottle Hanging Hook,
First Aid Box in side of rear saloon
Medical cabinet in side of rear saloon, Roof
29 Ambulance Features :- revolving light, Siren, Fire Extinguisher as per
AIS 125 PT I
Other Requirement
Additional Features for COVID 19 Shall be Partition Between Driver & Patient
30 :-
Ambulance Compartment
31 Warranty Time :- Min. 36 months
32 No Of Free Service during warranty :- Min. 7
Certification
Supplied vehicle which must have type approval
33 Certification :-
from VRDE /ARAI / ICAT/CIRT

Lettering/Branding:-

The words “Brihanmumbai Municipal Corporation in English font and marathi Font and other
branding works shall be painted only as per directions of BMC Authority.

Interior Design Works to be carried out along with supply of vehicle :-

 Facilities such as comfortable seating arrangement for mother, child and their relatives etc
 baby care system like cradle, baby play apparatus etc.
 neat & beautiful interior, colorful curtains etc.
All interior design works shall be carried out by directions of BMC Authority.

SPECIAL DIRECTIONS TO THE TENDERERS

1. The successful tenderer shall attach descriptive literature along with detailed technical brochure
describing the items covering all the salient features so that an explanation will be available with
the tender as to how the tender meets the requirement stipulated herein.
2. The tenderer should have to furnish the complete technical information and shall ensure that the
ambulance vehicles supplied shall be ready to use.

3. Ambulance vehicles supplied shall be capable to be used under all conditions continuously with
no drop in efficiency or any ill effects on its components.

4. The vehicles supplied shall meet all relevant safety norms stipulated under IS standards./ EN
standards.

5. The tenderer shall offer the equipment / components of the makes stated in the specifications.

6. It will be the responsibility of the tenderer to deliver the Ambulance vehicles to B.M.C duly
registered with Mumbai R.T.O authority.

7. The delivery period shall be 10 days from the placement of work order.

There will not be any mobilization period in this case & the successful tenderer will have to
commence the work immediately from the date of placement of work order or the
 commencement date mentioned in the work order.

8. The vehicle shall meet all the requirements as per Motor Vehicle Act 1988 and MSME (if
applicable) etc.

9. Supplied vehicles must have type approval from VRDE /ARAI / ICAT/CIRT ,their details shall
be uploaded in Envelope “B”

INSPECTION
1. BMC shall have rights to inspect and / or test the goods/ vehicle at any stage after issued work
order to successful tenderer during the contract period.

2. The Branding, lettering or any further modifications to be carried out will be subjected to
inspection by B.M.C. officials prior to taking the delivery of vehicles. Finish goods shall be
offered for inspection and testing to B.M.C. by the tenderer prior to its dispatch / delivery.

3. Tenderer is required to do all such works, which are pointed out during the inspection to meet
the B.M.C.’s requirement as per specifications free of cost.

4. The successful tenderer shall arrange inspection and approval of the work by B.M.C
representative at the manufacturer’s place, if required by B.M.C.and the cost of inspection will
be borne by contractor.

11 WARRANTY

The successful tenderer will have to provide minimum 36 months warranty period form the date
of acceptance of vehicles for service, repairs, replacement etc. against any defects in the material used.

12 MANUALS AND DIAGNOSTIC TOOLS:

The successful tenderer shall supply the Operation Manuals for ambulance vehicle while delivery.

13 DELIVERY

Free delivery of vehicles at Office of Ex. Eng.(Tr.) city., Executive Engineer (Tr.) City,1 st floor Worli
Garage Bldg, Dr. E. Moses Road, Worli, Mumbai-400018 or as directed by concerned Offcials.

15 R.T.O. REQUIREMENTS

1) Ambulance vehicle body shall confirm in all respect the provision contained in the M.V. Act
1988 and C.M.V.R. rules 1989 or to any other statutory modification or re-enactment thereon
from time to time. All the equipment and fittings necessary for R.T.O. passing shall be provided
on the vehicle.

The tenderer has to take necessary care of temporary registration etc. of the vehicles till the final
registration. The tenderer has to observe R.T.O. restrictions regarding height, width and
 overhang of equipment.

2) The final registration of the vehicle will have to be done by the successful tenderer and the cost
on account of the same should be not included in the offer.

16 INSURANCE

The vehicles must have been insured with Third Party insurance during the delivery of complete
vehicles to B.M.C. Municipal vehicles are exempted from payment of insurance charges &
taxes.

18. PAYMENT TERMS:

Payment shall be made as per normal Municipal procedures.

Payment for vehicle:

100% payment shall be made after successful delivery of the ambulance vehicle along with its
mountings, branding, lettering and any other modifications as per the requirement, Testing &
commissioning & the registration the R.T.O authorities. Payment shall be processed within 30
days.

19. PENALTY CLAUSE:

There shall be regular review regarding the performance of the contractor by B.M.C. In case, at
any stage, it is observed that the performance of the contractor is unsatisfactory or discrepancies
are found in the works carried out by contractor, B.M.C. reserves the right to cancel the contract
and black list the contractual firm(s) after giving due opportunity.

Penalty for delay in supply:-

For failure to complete the work / supply the articles within the stipulated period a
penalty equivalent to 1/2% per week or part thereof on the value of the delayed work /
articles / services shall be recovered from the successful tenderer without any reference
to the successful tenderer. The amount of the penalty shall be, however, subject to the
maximum of 10% of value of the delayed work may be fixed by Chief Engineer (SWM) /
DMC (SWM).

Penalty for inferior quality of material:-

a) In case the Contractors at any time during the continuance of these present supply
any of the material mentioned in schedules is rejected because of inferior quality,
the Municipal Commissioner reserves right to levy penalty for such inferior supply
from contract, not exceeding 20% of the cost of supplied material.
 b) The period required for the replacement of inferior quality of material with
approved quality material shall be made within seven (7) days or as decided by
B.M.C..

c) Under practical working conditions, Ambulance vehicle provided by the tenderer

should give desired performance on the field. If at any stage during warranty
period it is observed that the vehicle is not giving desired performance, B.M.C.
reserves right to take penal action deemed fit including recovery by following due
procedure.

Note:

a. All the references related to Sales tax, Central Sales tax etc. shall be ignored and
Good and Service Tax (GST) shall be taken into account.

b. All the latest circulars, communications, directives, related to GST shall be made
applicable.
 SECTION 8
BILL OF QUANTITIES

BILL OF QUANTITIES

Note: For information purpose only. Actual rates to be filled online in price bid.

Subject : Procurement of 05 nos. of Khilkhilat Ambulance to be supplied to various

 B.M.C. Hospitals
Item
Item Description Qty. Unit Long Text
Code
Cost of BS VI compliant (AIS 125 The rate quoted shall inclusive RTO
1 PART-1, TYPE C ) Vehicle 5 Nos. charges & taxes including GST, if
applicable
2 Branding work 5 Job Rate quoted shall be for a vehicle
inclusive taxes, if applicable
3 Interior Design work 5 Job Rate quoted shall be for a vehicle
inclusive taxes, if applicable

Note :- qty. mentioned above are for 5 vehicles. Tenderer shall quote the rates for a vehicle which will
automatically be calculated for 5 vehicles by SRM system.
 SECTION 9
GENERAL CONDITIONS OF
CONTRACT
 General Conditions of Contract

A. General

1. Definitions

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

The “Contract” shall mean the tender and acceptance thereof and the formal agreement if any,
executed between the Contractor, Commissioner and the Corporation together with the documents
referred to therein including these conditions and appendices and any special conditions, the
specifications, designs, drawings, price schedules, bills of quantities and schedule of rates. All
these documents taken together shall be deemed to form one Contract and shall be complementary
to one another.

The Contract Data defines the documents and other information which comprise the Contract.

The “Contractor” shall mean the individual or firm or company whether incorporated or not,
whose tender has been accepted by the employer and the legal successor of the individual or firm
or company, but not (except with the consent of the Employer) any assignee of such person.

The Bidder is a person or corporate body who has desired to submit Bid to carry out the Works,
including routine maintenance till the tender process is concluded.

The Contractor's Bid is the completed bidding document submitted by the Contractor to the
Employer.

The “Contract Sum” means the sum named in the letter of acceptance including Physical
contingencies subject to such addition thereto or deduction there-from as may be made under the
provisions hereinafter contained.
Note : The contract sum shall include the following –
• In the case of percentage rate contracts the estimated value of works as mentioned in
the tender adjusted by the Contractor’s percentage.

• In the case of item rate contracts, the cost of the work arrived at after finalisation of
the quantities shown in schedule of items / quantities by the item rates quoted by the
tenderers for various items and summation of the extended cost of each item.

• In case of lumpsum contract, the sum for which tender is accepted.

• Special discount / rebate / trade discount offered by the tenderer if any and accepted

by the Corporation.

• Additions or deletions that are accepted after opening of the tenders.

The “Contract Cost” means the Contract Sum plus Price Variation. This cost shall be included in
the letter of acceptance.

A Defect is any part of the Works not completed in accordance with the Contract.

The Defects Liability Certificate is the certificate issued by the Engineer, after the Defect
Liability Period has ended and upon correction of Defects by the Contractor.

Drawings means all the drawings, calculations and technical information of a like nature provided
by the Engineer to the Contractor under the Contract and all drawings, calculations, samples,
patterns, models, operation & maintenance manual and other technical information of like nature
submitted by the Contractor and approved by the Engineer.

The Authority shall mean Brihanmumbai Municipal Corporation(BMC)

The “Employer” shall mean the Municipal Corporation for Greater Mumbai / Municipal
Commissioner for Greater Mumbai, for the time being holding the said office and also his
successors and shall also include all “Additional Municipal Commissioners, Director (Engineering
Services & Projects)” and the Deputy Municipal Commissioner, to whom the powers of Municipal
Commissioner, have been deputed under Section 56 and 56B of the Mumbai Municipal
Corporation Act.

The Engineer in-charge shall mean the Executive Engineer in executive charge of the works and
shall include the superior officers of the Engineering department i.e. Dy.Ch.Eng/Ch.Eng. and shall
mean and include all the successors in BMC

The Engineer's Representative shall mean the Assistant Engineer, Sub. Engineer/Jr. Engineer in
direct charge of the works and shall include Sub Eng./ Jr. Eng of Civil section/ Mechanical section/
Electrical section appointed by BMC.
The “Engineer” shall mean the City Engineer / the Hydraulic Engineer / the Chief Engineer / the
Special Engineer, appointed for the time being or any other officer or officers of the Municipal
Corporation who may be authorized by the commissioner to carry out the functions of the City
Engineer / the Hydraulic Engineer / the Chief Engineer / the Special Engineer or any other
competent person appointed by the employer and notified in writing to the Contractor to act in
replacement of the Engineer from time to time.

Contractor’s Equipment means all appliances and things of whatsoever nature required for the

execution and completions of the Works and the remedying of any defects therein, but does not
include plant material or other things intended to form or forming part of the Permanent Works.

The Initial Contract Price is the Contract Price listed in the Employer's Letter of Acceptance.

The Intended Completion Date is the date on which it is intended that the Contractor shall
complete the construction works. The Intended Completion Date is specified in the Contract Data.
The Intended Completion Date may be revised only by the Engineer by issuing an extension of
time.

Materials are all supplies, including consumables, used by the Contractor for incorporation in the
Works and works of routine maintenance.

Plant is any integral part of the Works that shall have a mechanical, electrical, electronic,
chemical, or biological function.

Routine Maintenance is the maintenance of activities of the competed structure for five years as
specified in the Contract Data.

The “Site” shall mean the land and other places including water bodies more specifically
mentioned in the special conditions of the tender, on, under in or through which the permanent
works or temporary works are to be executed and any other lands and places provided by the
Municipal Corporation for working space or any other purpose as may be specifically designated in
the contract as forming part of the site.

Site Investigation Reports are those that were included in the bidding documents and are reports
about the surface and subsurface conditions at the Site.

“Specification” shall mean the specification referred to in the tender and any modification thereof
or addition or deduction thereto as may from time to time be furnished or approved in writing by
the Engineer.

The Start Date/Commencement Date is given in the Contract Data. It is the date when the
Contractor shall commence execution of the Works. It does not necessarily coincide with any of
the Site Possession Dates.

A Nominated Sub-Contractor is a person or corporate body who has a Contract with the
Contractor to carry out a part of the construction work and/or routine maintenance in the Contract,
which includes work on the Site.

Temporary Works are works designed, constructed, installed, and removed by the Contractor that

are needed for construction or installation of the Works.

Variation means a change to the:-

i) Specification and /or Drawings (if any) which is instructed by the Employer.

ii) Scope in the Contract which is instructed by the Employer.

iii) Price in the Contract which is instructed by the Employer.

The Works, as defined in the Contract Data, are what the Contract requires the Contractor to
construct, install, maintain, and turn over to the Employer. Routine maintenance is defined
separately.
Jurisdiction: In case of any claim, dispute or difference arising in respect of a contract,
the cause of action thereof shall be deemed to have arisen in Mumbai and all legal
proceedings in respect of any claim, dispute or difference shall be instituted in a
competent court in the City of Mumbai only.

2. Interpretation

2.1 In interpreting these Conditions of Contract, singular also means plural, male also means
female or neuter, and the other way around. Headings have no significance. Words have their
normal meaning under the language of the Contract unless specifically defined. The Engineer will
provide instructions clarifying queries about these Conditions of Contract.

2.2 If sectional completion is specified in the Contract Data, references in the Conditions of
Contract to the Works, the Completion Date, and the Intended Completion Date apply to any
Section of the Works (other than references to the Completion Date and Intended Completion Date
for the whole of the Works).

2.3 The documents forming the Contract shall be interpreted in the following documents: (1)
Agreement, (2) Letter of Acceptance, (3) Notice to Proceed with the Work , (4) Contractor's Bid,
(5) Contract Data, (6) Special Conditions of Contract Part (7) General Conditions of Contract Part
I, (8) Specifications, (9) Drawings, (10) Bill of Quantities, and (11) Any other document listed in
the Contract Data.

3 . Engineer's Decisions

3.1 Except where otherwise specifically stated, the Engineer will decide contractual matters
between the Employer and the Contractor in the role representing the Employer. However, if the
Engineer is required under the rules and regulations and orders of the Employer to obtain prior
approval of some other authorities for specific actions, he will so obtain the approval, before
communicating his decision to the Contractor.

3.2 Except as expressly stated in the Contract, the Engineer shall not have any authority to relieve
the Contractor of any of his obligations under the contract.

4. Delegation

4.1 The Engineer, with the approval of the Employer, may delegate any of his duties and
responsibilities to other person(s), except to the Adjudicator, after notifying the Contractor, and
may cancel any delegation after notifying the Contractor.

5. Communications

All certificates, notices or instructions to be given to the Contractor by Employer/ Engineer

shall be sent on the address or contact details given by the Contractor of Bid. The address and
contact details for communication with the Employer/ Engineer shall be as per the details given in
Contract Data. Communications between parties that are referred to in the conditions shall be in
writing. The Notice sent by facsimile (fax) or other electronic means shall be effective on
confirmation of the transmission. The Notice sent by Registered post or Speed post shall be
effective on delivery or at the expiry of the normal delivery period as undertaken by the postal
service.

6. Subcontracting

6.1 Unless specifically mentioned in the contract subletting will not be allowed. Subletting,
where otherwise provided by the contract shall not be more than 25% of the contract price.

6.2 The Contractor shall not be required to obtain any consent from the Employer for:

a. the sub-contracting of any part of the Works for which the Subcontractor is named in the
Contract;

b. the provision for labour, or labour component.

c. the purchase of Materials which are in accordance with the standards specified in the
Contract.

6.3 Beyond what has been stated in clauses 6.1 and 6.2, if the Contractor proposes sub
contracting any part of the work during execution of the Works, because of some
unforeseen circumstances to enable him to complete the Works as per terms of the
Contract, the Employer will consider the following before according approval:

a. The Contractor shall not sub-contract the whole of the Works.

b. The permitted subletting of work by the Contractor shall not establish any contractual relationship
between the sub-contractor and the BMC and shall not relieve the Contractor of any responsibility
under the Contract.

6.4 The Engineer should satisfy himself before recommending to the Employer whether

a. the circumstances warrant such sub-contracting; and

b. the sub-Contractor so proposed for the Work possesses the experience, qualifications and
equipment necessary for the job proposed to be entrusted to him.

7. Other Contractors

7.1 The Contractor shall cooperate and share the Site with other Contractors, public
authorities, utilities, and the Employer between the dates given in the Schedule of Other
Contractors, as referred to in the Contract Data. The Contractor shall also provide
facilities and services for them as described in the Schedule. The Employer may modify
the Schedule of Other Contractors, and shall notify the Contractor of any such
modification.
 7.2 The Contractor should take up the works in convenient reaches as decided by the
Engineer to ensure there is least hindrance to the smooth flow and safety of traffic
including movement of vehicles and equipment of other Contractors till the
completion of the Works.

8. Personnel

8.1 The Contractor shall employ for the construction work and routine maintenance the
key personnel including technical personnel named in the Contract Data or other
personnel approved by the Engineer. The Engineer will approve any proposed
replacement of technical personnel only if their relevant qualifications and abilities
are substantially equal to those of the personnel stated in the Contract Data.

8.2 The Contractor’s personnel shall appropriately be qualified, skilled and experienced in
their respective trades or occupations. The Engineer shall have authority to remove, or
cause to be removed, any person employed on the site or works, who carries out
duties incompetently or negligently and persists in any conduct which is prejudicial to
safety, health or the protection of the environment.
8.3 If the Engineer asks the Contractor to remove a person who is a member of the
Contractor's staff or work force, stating the reasons, the Contractor shall ensure thatthe
person leaves the Site within seven days and has no further connection with the Works
in the Contract.

8.4 The Contractor shall not employ any retired Gazetted officer who has worked in the
Engineering Department of the BMC /State Government and has either not completed
two years after the date of retirement or has not obtained BMC/State Government’s
permission to employment with the Contractor.

9. Employer's and Contractor's Risks

9.1 The Employer carries the risks which this Contract states are Employer's risks, and the
Contractor carries the risks which this Contract states are Contractor's risks.

10. Employer's Risks

10.1 The Employer is responsible for the excepted risks which are (a) in so far as they
directly affect the execution of the Works in the Employer’s country, the risks of
war, invasion, act of foreign enemies, rebellion, revolution, insurrection or military
or usurped power, civil war, riot, commotion or disorder (unless restricted to the
Contractor’s employees) and contamination from any nuclear fuel or nuclear waste
or radioactive toxic explosive, or (b) a cause due solely to the design of the Works,
other than the Contractor’s design.
11. Contractor's Risks

11.1 All risks of loss of or damage to physical property and of personal injury and death
which arise during and in consequence of the performance of the Contract other than
the excepted risks, referred to in clause 11.1, are the responsibility of the Contractor.

12. Insurance

12.1 The Contractor at his cost shall provide, in the joint names of the Employer and the
Contractor, insurance cover from the Start Date to the end of Defects Liability
Period, in the amounts and deductibles stated in the Contract Data for the following
events which are due to the Contractor's risks:

a) Loss of or damage to the Works, Plant and Materials;

b) Loss of or damage to Equipment;

c) Loss of or damage to property (other than the Works, Plant, Materials, and
Equipment) in connection with the Contract; and

d) Personal injury or death.

12.2 Insurance policies and certificates for insurance shall be delivered by the Contractor
to the Engineer for the Engineer's approval before the Start Date. All such insurance
shall provide for compensation to be payable in the types and proportions of
currencies required to rectify the loss or damage incurred.

12.3 Alterations to the terms of insurance shall not be made without the approval of the
Engineer.

12.4 Both parties shall comply with any conditions of the insurance policies.

12.5 If the Contractor does not provide any of the policies and certificates required, the
Employer may affect the insurance which the Contractor should have provided and
recover the premiums the Employer has paid, from payments otherwise due to the
Contractor or if no payment is due, the payment of premiums shall be debt due.

13. Site Investigation Reports

13.1 The Contractor, in preparing the Bid, may rely, at his own risk, on any Site
Investigation Reports referred to in the Contract Data, supplemented by any other
information available to him, before submitting the bid.

14. Queries about the Contract Data

14.1 The Engineer will clarify queries on the Contract Data.

15. Contractor to Construct the Works and Undertake Maintenance (if specified in
the tender)

15.1 The Contractor shall construct, and install and maintain the Works in accordance
with the Specifications and Drawings and as per instructions of the Engineer.

15.2 The Contractor shall construct the works with intermediate technology, i.e., by
manual means with medium input of machinery required to ensure the quality of
works as per specifications. The Contractor shall deploy the equipment and
machinery as required in the contract.

15.3 The Contractor shall take all reasonable steps to protect the environment on and off
the Site and to avoid damage or nuisance to persons or to property of the public or
others resulting from pollution, noise or other causes arising as a consequence of his
methods of operation. During continuance of the contract, the Contractor and his
sub-contractors shall abide at all times by all existing enactments on environmental
protection and rules made there under, regulations, notifications and byelaws of the
State or Central Government, or local authorities and any other law, bye-law,
regulations that maybe passed or notification that may be issued in future by the State
or Central Government or the local authority. Salient features of some of the
major laws thatare applicable are given below:

 The Water (Prevention and Control of Pollution) Act, 1974, this provides for
the prevention and control of water pollution and the maintaining and
restoring of wholesomeness of water. ‘Pollution’ means such contamination
of water or such alteration of the physical, chemical or biological properties
of water or such discharge of any sewage or trade effluent or of any other
liquid, gaseous or solid substance into water (whether directly or indirectly)
as may, or is likely to, create a nuisance or render such water harmful or
injurious to public health or safety, or to domestic, commercial, industrial,
agricultural or other legitimate uses, or to the life and health of animals or
plants or of aquatic organisms.

 The Air (Prevention and Control of Pollution) Act, 1981, this provides for
prevention, control and abatement of air pollution. ‘Air Pollution’ means the
presence in the atmosphere of any ‘air pollutant’, which means any solid,
liquid or gaseous substance (including noise) present in the atmosphere in
such concentration as may be or tend to be injurious to human beings or other
living creatures or plants or property or environment.

 The Environment (Protection) Act, 1986, this provides for the protection and
improvement of environment and for matters connected therewith, and the
prevention of hazards to human beings, other living creatures, plants and
 property. ‘Environment’ includes water, air and land and the inter-
relationship which exists among and between water, air and land, and human
beings, other living creatures, plants, micro-organism and property.

 The Public Liability Insurance Act, 1991, This provides for public liability
insurance for the purpose of providing immediate relief to the persons
affected by accident occurring while handling hazardous substances and for
matters connected herewith or incidental thereto. Hazardous substance
means any substance or preparation which is defined as hazardous
substance under the Environment (Protection) Act 1986, and exceeding
such quantity as may be specified by notification by the Central
Government.

16. The Works and Routine Maintenance to be completed by the Intended Completion
Date

16.1 The Contractor may commence execution of the Works on the Start Date and shall
carry out the Works and Routine Maintenance, if specified in the tender, in
accordance with the Programme submitted by the Contractor, as updated with the
approval of the Engineer, and complete them by the Intended Completion Date.

17. Approval by the Engineer

17.1 The Contractor shall submit Specifications and Drawings showing the proposed
Temporary Works to the Engineer, who is to approve them if they comply with the
Specifications and Drawings.

17.2 The Contractor shall be responsible for design and safety of Temporary Works.

17.3 The Engineer's approval shall not alter the Contractor's responsibility for design and
safety of the Temporary Works.

17.4 The Contractor shall obtain approval of third parties to the design of the Temporary
Works, where required.

17.5 All Drawings prepared by the Contractor for the execution of the temporary or
permanent Works, are subject to prior approval by the Engineer before their use.

18. Safety

18.1 The Contractor shall be responsible for the safety of all activities on the Site. He
shall comply with all applicable safety requirements and take care of safety of all
persons entitled to be on the site and the works. He shall use reasonable efforts to
keep the site and the works, both during construction and maintenance, clear of
unnecessary obstruction so as to avoid danger to the persons and the users.
 Workers employed on mixing asphaltic materials, cement and lime mortars shall be
 provided with protective footwear and protective goggles.
 Stone breaker shall be provided with protective goggles and protective clothing and
seated at sufficiently safe intervals.

 The area should be barricaded or cordoned off by suitable means to avoid mishaps
of any kind. Power warning signs should be displayed for the safety of the public
whenever cleaning works are undertaken during night or day.

 The workers engaged for cleaning the manholes/sewers should be properly trained
before allowing working in the manhole.

18.2 Safety Programs:-

I. Have adequate safety supervision in place to ensure that safety programs set up by
the firms/agencies are in compliance with prevalent laws and regulations.

II. Review safety programs developed by each of the trade firms, prepare and submit a
comprehensive safety program.

III. Monitor day to day implementation of safety procedures.

18.3 First Aid Facilities: -

i. At every work place there shall be provided and maintained, so as to be easily

accessible during working hours, first-aid boxes at the rate of not less than one box
for 150 contract labour or part thereof ordinarily employed.

ii. The first-aid box shall be distinctly marked with a red cross on white back ground.

iii. Adequate arrangements shall be made for immediate recoupment of the equipment
when necessary.

iv. Nothing except the prescribed contents shall be kept in the First-aid box.

v. The first-aid box shall be kept in charge of a responsible person who shall always be
readily available during the working hours of the work place.

vi. A person in charge of the First-aid box shall be a person trained in First-aid
treatment, in the work places where the number of contract labour employed is 150
or more.

19. Discoveries

19.1 Anything of historical or other interest or of significant value unexpectedly discovered on the
Site shall be the property of the Employer. The Contractor shall notify the Engineer of such
discoveries and carry out the Engineer's instructions for dealing with them.

20 Access to the Site

20.1 The Contractor shall allow access to the Site and to any place where work in
connection with the Contract is being carried out, or is intended to be carried out to
the Engineer and any person/persons/agency authorized by: a. The Engineer b.
The Employeror authorized by the Employer.

21 Instructions

21.1 The Contractor shall carry out all instructions of the Engineer, which
comply withthe applicable laws where the Site is located.

21.2 The Contractor shall permit the appointed and/or authorized persons to
inspect the Site and/or accounts and records of the Contractor and its subcontractors
relating to the performance of the Contract, and to have such accounts and records
audited by auditors appointed, if so required. The Contractor’s attention is invited to
Clause of ‘Fraud and Corruption’, which provides, inter alia, that acts intended to
materially impede the exercise of the inspection and audit rights provided for under
the Clause & constitute a obstructive practice subject to contract termination.

21.3 Engineer to have power to issue further drawings or instructions:

The Engineer shall have the power and authority from time to time and at all times to
make and issue such further drawings and to give such further instructions and
directions as may appear to him necessary or proper for the guidance of the contractor
and the good and sufficient execution of the works according to terms of the
specifications and Contractor shall receive, execute, obey and be bound by the same,
according to the true intent and meaning thereof, as fully and effectually as though the
same had accompanied or had been mentioned or referred to in the specification,
and the Engineer may also alter or vary the levels or position of nature of works
contemplated by the specifications, or may order any of the works contemplated
thereby to be omitted, with or without the substitution of any other works in lieu
thereof, or may order any work or any portion of work executed or partially executed,
to be removed, changed or altered, added if needful, may order that other works shall
be substituted instead thereof and difference of expense occasioned by any such
diminution or alteration so ordered and directed shall be added to or deducted
from theamount of this Contract, as provided under condition no.10(a) hereinafter.

No work which radically changes the original nature of the Contract shall be ordered
by the Engineer and in the event of any deviation being ordered which in the opinion
of the Contractor changes the original nature of Contract he shall nevertheless carry it
out and disagreement as to the nature of the work and the rate to be paid therefore
shall be resolvedin accordance with condition no.13d.

The time for completion of the Works, shall be in even of any deviations resulting in
additional cost over the contract price being ordered, be extended or reduced
reasonably by the Engineer. The Engineer’s decision in this case shall be final.

B. Time Control

22 Programme

22.1 Within the time stated in the Contract Data, the Contractor shall submit to the
Engineer for approval a Programme, including Environment Management Plan
 showing the general methods, arrangements, order, and timing for all the
activities in the Works, along with monthly cash flow forecasts for the construction
of works.

After the completion of the construction works, the programme for the Routine
Maintenance Work, showing the general methods, arrangements, order and
timing for all the activities involved in the Routine Maintenance will also be
submitted by the Contractor to the Engineer for approval if specified in the tender.
The programme for Routine Maintenance will be submitted in each year for the
period of Maintenance.

22.2 The Contractor shall submit the list of equipment and machinery being
brought to site, the list of key personnel being deployed, the list of machinery/
equipments being placed in field laboratory and the location of field laboratory
along with the Programme. The Engineer shall cause these details to be verified at
each appropriate stage of the programme.

22.3 An update of the Programme shall be a programme showing the actual

progress achieved on each activity and the effect of the progress achieved on the
timing of the remaining Works, including any changes to the sequence of the
activities.

22.4 The Contractor shall submit to the Engineer for approval an updated Programme at
intervals
no longer than the period stated in the Contract Data. If the Contractor does not
submit an updated Programme within this period, the Engineer may withhold the
amount stated in the Contract Data from the next payment certificate and continue to
withhold this amount until the next payment after the date on which the overdue
Programme has been submitted.

22.5 The Engineer's approval of the Programme shall not alter the Contractor's
obligations. The Contractor may revise the Programme and submit it to the
Engineer again at any time. A revised Programme shall show the effect of Variations
and Compensation Events.

23. Extension Of Time In Contracts :

Subject to any requirement in the contract as to completion of any portions or
portions of the works before completion of the whole, the contractor shall fully and
finally complete the whole of the works comprised in the contract (with such
modifications as may be directed under conditions of this contract) by the date
entered in the contract or extended date in terms of the following clauses:

a) Extension attributable to BMC

(i) Extension Due To Modification: If any modifications have been ordered which in
the opinion of the Engineer have materially increased the magnitude of the work, then
such extension of the contracted date of completion may be granted as shall appear
to the Engineer to be reasonable in the circumstances, provided moreover that the
Contractor shall be responsible for requesting such extension of the date as may be
considered necessary as soon as the cause thereof shall arise and in any case should
not be less than 30 days before the expiry of the date fixed for completion of the
works.

(ii) Extension For Delay Due To BMC: In the event of any failure or delay by
the BMC to hand over the Contractor possession of the lands necessary for the
execution of the works or to give the necessary notice to commence the works or
to provide the necessary drawings or instructions or any other delay caused by the
BMC due to any other cause whatsoever, then such failure or delay shall in no
way affect or vitiate the contract or alter the character thereof or entitle the
contractor to damages or compensation therefore, but in any such case, the
BMC may grant such extension(s) of the completion date as may be considered
reasonable.
 Note: For extension of time period as governed in (i) and (ii) above, any
modifications in design/drawings, specifications, quantities shall be needed
to be justified with recorded reasons with approval of Ch.Eng. for not
anticipating the same while preparing estimates and draft tender.

(b) Extension Of Time For Delay Due To Contractor : The time for the execution
of the work or part of the works specified in the contract documents shall be
deemed to be the essence of the contract and the works must be completed no
later than the date(s) / the programme for completion of work as specified in the
contract. If the contractor fails to complete the works within the time as
specified in the contract for the reasons other than the reasons specified in above
as (a.i) and (a.ii), the BMC may, if satisfied that the works can be completed by
the contractor within reasonable short time thereafter, allow the contractor for
further extension of time as the Engineer may decide. On such
extension the BMC will be entitled without prejudice to any other right and
remedy available on that behalf, to recover the compensation as governed by
Clause 8(e) ofGCC.
For the purpose of this Clause, the contract value of the works shall be taken as
value of work as per contract agreement including any supplementary work
order/contract agreement issued.

Further, competent authority while granting extension to the currency of

contract under Clause (b) of as above may also consider levy of penalty, as
deemed fit based on the merit of the case. Also, the reasons for granting
extension shall be properly documented.

24. Delays Ordered by the Engineer

24.1 The Engineer may instruct the Contractor to delay the start or progress of any activity
within the Works. Delay/delays totaling more than 30 days will require prior
written approval ofthe DMC/AMC.

25. Management Meetings

25.1 The Engineer may require the Contractor to attend a management meeting. The
business of a management meeting shall be to review the plans for progress of the
Works.

25.2 The Engineer shall record the business of management meetings and provide copies of
the record to those attending the meeting. The responsibility of the parties for actions to
be taken shall be decided by the Engineer either at the management meeting or after the
management meeting and stated in writing to all those who attended the meeting.

C. Quality Control

26.1 Work to be open to Inspection and Contractor or Responsible agent to be presesnt

All works under or in course of execution or executed in pursuance of the contract

shall at all times be open to the inspection and supervision of the Eng-in-charge and his
subordinates and the contractor shall at all times during the usual working hours, at all other
times, during the usual working hours and at all other times at which reasonable notice of the
intention of the Eng-in- charge and his subordinates to visit the works shall have been given
to the contractor, either himself be present to receive orders and instruction or have
responsible agent duly accredited in writing present for that purpose. Order given to the
contractors’ duly authorized agent shall be considered to have the same force and effect as if
they had been given to the contractor himself.

26.2. Notice To Be Given Before Work Is Covered Up

The contractor shall givenot less than ten days’ notice in writing to the Eng-In-Charge
or his subordinate incharge of the work before covering up or otherwise placing beyond the
reach of measurement any work in order that the same may be measured and correct
 dimension thereof taken before the same is so covered up or placed beyond the reach of
measurements and shall not cover up or place beyond the reach of measurement any work
without the consent in writing of the Eng-In-Charge or his subordinate incharge of the work,
and if any work shall be covered up or placed beyond the reach of measurement, without such
notice having been given or consent obtained the same shall be uncovered at the contractors
expenses, and in default thereof no payment or allowance shall be made forsuch work or for the
materials with which the same was executed

26.3 Works to be executed in accordance with specifications / drawings / orders etc. :

The contractor shall execute the whole and every part of the work the most
substantial and workman like manner and both has regards material and every other respect in
strict accordance with specifications. The contractor shall also confirm exactly, fully and
faithfully to the designs, drawings and instructions in writing relating to the work signed by
the Engineer In-charge and lodged in his office and to which the contractor shall be entitled
to have access for the purpose of inspection at such office, or on the site or work during
office hours. The contractor shall be entitled to receive three sets of contract drawings and
working drawings as well as one certified copy of the accepted tender along with the work
order free of cost.

27 Identifying Defects

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

27.2 The Contractor shall permit the Employer’s technical person(s) to check the
Contractor’s work and notify the Engineer and Contractor if any defects that are found.

D. Cost Control

28 Variations

The Engineer shall, having regard to the scope of the Works and the sanctioned estimated
cost, have power to order, in writing, Variations within the scope of the Works he considers
necessary or advisable during the progress of the Works. Such Variations shall form part
of the Contract and the Contractor shall carry them out and include them in updated
Programmes produced by the Contractor. Oral orders of the Engineer for Variations,
unlessfollowed by written confirmation, shall not be taken into account.

29 Payments for Variations

29.1 If rates for Variation items are specified in the Bill of Quantities, the Contractor shall
carry out such work at the same rate.

29.2 The rate for Extra/Excess shall be governed by clause 10.A of Standard General
Condition of Contract

30 Cash Flow Forecasts

When the Programme is updated, the Contractor shall provide the Engineer with an
updated cash flow forecast.

31 Payments

31.1 Payments shall be adjusted for deductions for advance payments, retention, security
 deposit, other recoveries in terms of the Contract and taxes at source, as applicable under
the law. The Employer shall pay the Contractor the amounts certified by the Engineer
within 15 days of the date of each certificate.

31.2 All sums payable by a contractor by way of compensation under any of these
conditions, shall be considered as a reasonable compensation to be applied to the use of
BMC without reference to the actual loss or damage sustained and whether any damage
has or has not been sustained.

31.3 No payment shall be made for any work estimated to cost less than Rupees One
Thousand till after the whole of work shall have been completed and the certificate of
completion given. But in the case of works estimated to cost more than Rs. One
Thousand, the contractor shall on submitting a monthly bill therefore be entitled to
receive payment proportionate to the part of the work than approved and passed by the
Engineer In-charge, whose certificate of such approval and passing of the sum so payable
shall be final and conclusive against the contractor. All such intermediate payments shall
be regarded as payments by way of advance against the final payments only and not as
payments for work actual done and completed and shall not preclude the Engineer In-
charge from requiring any bad, unsound, imperfect or unskillful work to be removed or
taken away and reconstructed or re-erected nor shall any such payment be considered as
an admission of the due performance of the contract or any part thereof in any respect or
the offering of any claim not shall it conclude, determine or effect in any other way, the
powers of the Engineer In-charge as to the final settlement and adjustment of the
accounts or otherwise, or in any other way vary or effect the contract. The final bill shall
be submitted by the Contractor within one month of the date fixed for the completion of
the work otherwise the Engineer In-charge’s certificate of the measurements and of the
total amount payable for the work shall be final and binding on all parties.

32 The Contractor shall not be entitled to compensation to the extent that the Employer's
interests are adversely affected by the Contractor for not having given early warning or
not having cooperated with the Engineer.

33 Tax
Taxes and duties on material:
GST and other state levies / cess which are not subsumed under GST will be
applicable. The tenderer shall quote inclusive of all taxes applicable at the time of bid
submission.. It is clearly understood that BMC will not bear any additional liability
towards payment of any Taxes & Duties.

Wherever the Services to be provided by the Tenderers, falls under Reverse

Charge Mechanism, the Price quoted shall be exclusive of GST, but inclusive of Taxes
/ Duties / Cess other than GST, if any.
Rates accepted by BMC shall hold good till completion of work and no additional
individual claim shall be admissible on account of fluctuations m market rates, increase in
taxes / any other levies / tolls etc. except that payment / recovery for overall market situation
shall be made as per price Variation and if there is any subsequent change(after submission of

bid) in rate of GST applicable on the work/services to be executed as per tender , i.e. any
increase will be reimbursed by BMC whereas any reduction in the rate of GST shall be
passed on to BMC as per the provision of the GST Act

“Chapter “XXI Miscellaneous, section 171 (1) of GST Act, 2017 governs the ‘Anti Profiteering
Measure’ (APM).

As per provision of section, ’Any reduction in rate of tax on any supply of goods or services or
the benefit of input tax credit shall be passed on to the recipient by way of commensurate
reduction in prices.’

Accordingly, the contractor should pass on the complete benefit accruing to him on account of
reduced tax rate or additional input tax credit, to BMC.

Further, all the provisions of GST Act will be applicable to the tender. “

34 Currencies

All payments will be made in Indian Rupees.

35 Liquidated Damages

Both, the Contractor and the Employer have agreed that it is not feasible to precisely
estimate the amount of losses due to delay in completion of works and the losses to the
public and the economy, therefore, both the parties have agreed that the Contractor shall pay
liquidated damages to the Employer and not by way of penalty, at the rate per week or part
thereof stated in the Contract Data for the period that the Completion Date is later than the
Intended Completion Date. Liquidated damages at the same rates shall be withheld if the
Contractor fails to achieve the milestones prescribed in the Contract Data. However, in case
the Contractor achieves the next milestone, the amount of the liquidated damages already
withheld shall be restored to the Contractor by adjustment in the next payment certificate.
The Employer and the contractor have agreed that this is a reasonable agreed amount of
liquidated damage. The Employer may deduct liquidated damages from payments due to the
Contractor. Payment of liquidated damages shall not affect the Contractor’s other liabilities.

36. Cost of Repairs

Loss or damage to the Works or Materials to be incorporated in the Works between the Start
Date and the end of the Defects Correction periods shall be remedied by the Contractor at

his cost if the loss or damage arises from the Contractor's acts or omissions.
 E. Finishing the Contract

36.1 The Contractor shall request the Engineer to issue a certificate of completion
of the construction of the works, and the Engineer will do so upon deciding that the
works is completed. This shall be governed as per clause no.8(g) of Standard General
Conditions of Contract.

37 Taking Over

37.1 The Employer shall take over the works within seven days of the Engineer issuing a
certificate of completion of works. The Contractor shall continue to remain
responsible for its routine maintenance during the maintenance period if specified in
the contract.

38 Final Account

Final joint measurement alongwith the representatives of the contractor should be

taken recorded and signed by the Contractors. Contractors should submit the final bill
within 1 month of physical completion of the work.
If the contractor fails to submit the final bill within 1 month, the BMC staff will
prepare the final bill based on the joint measurement within next 3 months.
Engineer’s decision shall be final in respect of claims for defect and pending
claims against contractors.
No further claims should be made by the Contractor after submission of the
final bill and these shall be deemed to have been waived and extinguished.
Payment of those items of the bills in respect of which there is no dispute and
of items in dispute, for quantities and rates as approved by the Commissioner
shall be made within a reasonable period as may be necessary for the purpose
of verification etc.
After payment of the final bill as aforesaid has been made, the contractor may,
if he so desires, reconsider his position in respect of a disputed portion of the
final bills and if he fails to do so within 84 days, his disputed claim shall be
dealt with as provided in the contract.

The contractor have to submit the bill for the work carried out within 15 days from the date
of completion of the work to the respective executing department. If the contractor fails to
submit their bills to concerned executing department, penalty or action as shown below will
be taken for each delayed bill:-
After 15 days from the date of completion/running Equal to 5% of bill amount
bill upto certain date, upto next 15 days i.e. upto 30
days
Next 15 days upto 45 days from the date of Equal to 10% of bill amount
completion/running bill upto specified date
If not submitted witin 45 days from the date of Bill will not be admitted for
completion/ R.A. bill payment.
39 Operating and Maintenance Manuals

39.1 If "as built" Drawings and/or operating and maintenance manuals are required, the
Contractor shall supply them by the dates stated in the Contract Data.

39.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the
Contract Data, or they do not receive the Engineer's approval, the Engineer shall withhold the
amount stated in the Contract Data from payments due to the Contractor.

40 Termination

40.1 The Employer or the Contractor may terminate the Contract if the other party causes a
fundamental breach of the Contract.
40.2 Fundamental breaches of Contract shall include, but shall not be limited to, the following:

a) the Contractor stops work for 30 days when no stoppage of work is shown on the
current Programme and the stoppage has not been authorized by the Engineer;

b) the Contractor is declared as bankrupt or goes into liquidation other than for approved
reconstruction or amalgamation;
c) the Engineer gives Notice that failure to correct a particular Defect is a fundamental
breach of Contract and the Contractor fails to correct it within a reasonable period of
time determined by the Engineer;

d) the Contractor does not maintain a Security, which is required;

e) the Contractor has delayed the completion of the Works by the number of days for which
the maximum amount of liquidated damages can be paid, as defined in relevant clause.

f) the Contractor fails to provide insurance cover as required under relevant clause .

g) if the Contractor, in the judgment of the Employer, has engaged in the corrupt or fraudulent
practices as defined in GCC in competing for or in executing the Contract.

h) if the Contractor fails to set up a field laboratory with the prescribed equipment, within the
period specified in the Contract Data; and

i) any other fundamental breaches as specified in the Contract Data.

j) if the Contractor fails to deploy machinery and equipment or personnel as specified in the
Contract Data at the appropriate time.

40.3 When either party to the contract gives notice of a breach of contract to the Engineer for a
cause other than those listed above, the Engineer shall decide whether the breach is
fundamental or not.
40.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.

40.5 If the Contract is terminated, the Contractor shall stop work immediately, make the Site safe
and secure, and leave the Site as soon as reasonably possible.

41 Payment upon Termination

41.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor,
the Engineer shall issue a certificate for value of the work done and materials ordered less
liquidated damages, if any, less advance payments received up to the date of the issue of the
certificate and less the percentage to apply to the value of the work not completed, as indicated
in the Contract Data. If the total amount due to the Employer exceeds any payment due to the
Contractor, the difference shall be recovered from the security deposit, and performance
security. If any amount is still left un-recovered it will be a debt due from the Contractor to the
Employer

41.2 If the Contract is terminated at the Employer's convenience, the Engineer shall issue a
certificate for the value of the work done, the reasonable cost of removal of Equipment,
repatriation of the Contractor's personnel employed solely on the Works, and the Contractor's
costs of protecting and securing the Works and less advance payments received up to the date
of the certificate, less other recoveries due in terms of the Contract, and less

taxes due to be deducted at source as per applicable law.

42 Property

42.1 All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be deemed
to be the property of the Employer for use for completing balance construction work if the
Contract is terminated because of the Contractor's default, till the Works is completed after
which it will be transferred to the Contractor and credit, if any, given for its use.

43 Release from Performance

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

A ) Other Conditions of Contract

44 Labour

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

44.2 The Contractor shall, if required by the Engineer, deliver to the Engineer a return in detail,
in such form and at such intervals as the Engineer may prescribe, showing the staff and the
number of the several classes of labour from time to time employed by the Contractor on the
Site and such other information as the Engineer may require.

45 Compliance with Labour Regulations

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

(c) The Contractor shall require his employees to obey all applicable laws, including those
concerning safety at work.

(d) The employees of the Contractor and the Sub-Contractor in no case shall be treated as
the employees of the Employer at any point of time.

46 Drawings and Photographs of the Works

46.1 The Contractor shall do photography/video photography of the site firstly before the start of
the work, secondly mid-way in the execution of different stages of work as required by
Engineer In-charge and lastly after the completion of the work. No separate payment will be
made to the Contractor for this.

46.2 The Contractor shall not disclose details of Drawings furnished to him and works on which
he is engaged without the prior approval of the Engineer in writing. No photograph of the
works or any part thereof or plant employed thereon, except those permitted under above
 clause, shall be taken or permitted by the Contractor to be taken by any of his employees or
any employees of his sub-Contractors without the prior approval of the Engineer in writing. No
photographs/ Video photography shall be published or otherwise circulated without the
approval of the Engineer in writing.

47 The Apprentices Act, 1961

The Contractor shall duly comply with the provisions of the Apprentices Act 1961 (III of
1961), the rules made there under and the orders that may be issued from time to time under
the said Act and the said Rules and on his failure or neglect to do so, he shall be subject to
all liabilities and penalties provided by the said Act and said Rules.

48 Contract Document
The documents forming the contract are to be taken as mutually explanatory of one another.
Unless otherwise provided in the contract, the priority of the documents forming the contract
shall be, as follows:

1) Contract Agreement (if completed)

2) The letter of Acceptance

3) The Bid:

4) Addendum to Bid; if any

5) Tender Document

6) The Bill of Quantities:

7) The Specification:

8) Detailed Engineering Drawings

9) Standard General Conditions of Contracts (GCC)

10) All correspondence documents between bidder/contractor and BMC.

48 Conflict of Interest

The Applicant shall not have a conflict of interest (the “Conflict of Interest”) that affects the
Bidding Process. Any Applicant found to have a Conflict of Interest shall be disqualified. An
Applicant shall be deemed to have a Conflict of Interest affecting the Bidding Process, if

1. A constituent of such Applicant is also a constituent of another Applicant; or

2. Such Applicant has the same legal representative for purposes of this Application as any
other Applicant; or

3. Such Applicant, or any Associate thereof has a relationship with another Applicant, or any
 Associate thereof, directly or through common third party/ parties, that puts either or both
of them in a position to have access to each other’s information about, or to influence the
Application of either or each other; or

4. The Applicant shall be liable for disqualification if any legal, financial or technical adviser
of the Authority in relation to the Project is engaged by the Applicant, its Member or any
Associate thereof, as the case may be, in any manner for matters related to or incidental to
the Project. For the avoidance of doubt, this disqualification shall not apply where such
adviser was engaged by the Applicant, its Member or Associate in the past but its
assignment expired or was terminated 6 (six) months prior to the date of issue of this
TENDER. Nor will this disqualification apply where such adviser is engaged after a period
of 3 (three) years from the date of commercial operation of the Project.

49. Applications and costs thereof

No Applicant shall submit more than one Application for the Project. An applicant applying
individually shall not be entitled to submit another application either individually. The
Applicant shall be responsible for all of the costs associated with the preparation of their
Applications and their participation in the Bid Process. The Authority will not be
responsible or in any way liable for such costs, regardless of the conduct or outcome of the
Bidding Process.

50 Acknowledgment by Applicant

It shall be deemed that by submitting the Application, the Applicant

has: a. made a complete and careful examination of the tender;
b. received all relevant information requested from the Authority;
c. accepted the risk of inadequacy, error or mistake in the information provided in the
tender or furnished by or on behalf of the Authority relating to any of the matters
referred; and
d. Agreed to be bound by the undertakings provided by it under and in terms hereof.
“The Authority” shall not be liable for any omission, mistake or error in respect of any
of the above or on account of any matter or thing arising out of or concerning or
relating to the TENDER or the Bidding Process, including any error or mistake therein
or in any information or data given by the Authority.

51 Right to accept or reject any or all Applications/ Bids

Notwithstanding anything contained in this TENDER, “The Authority” reserves the right to
accept or reject any Application and to annul the Bidding Process and reject all
 Applications/ Bids, at any time without any liability or any obligation for such acceptance,
rejection or annulment, and without assigning any reasons therefore. In the event that the
Authority rejects or annuls all the Bids, it may, in its discretion, invite all eligible Bidders to
submit fresh Bids hereunder.
“The Authority” reserves the right to reject any Application and/ or Bid if:
(a) at any time, a material misrepresentation is made or uncovered, or
(b) the Applicant does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the Application.

In case it is found during the evaluation or at any time before signing of the Agreement or after
its execution and during the period of subsistence thereof including the concession thereby
granted by “The Authority”, that one or more of the pre-qualification conditions have not been
met by the Applicant, or the Applicant has made material misrepresentation or has given any
materially incorrect or false information, the Applicant shall be disqualified forthwith if not yet
appointed as the Successful Bidder either by issue of the LOA (Letter of Approval) or entering
into of the Agreement, and if the Applicant has already been issued the LOA or has entered into
the Concession Agreement, as the case may be, the same shall, notwithstanding anything to the
contrary contained therein or in this TENDER, be liable to be terminated, by a communication
in writing by “The Authority” to the Applicant, without the Authority being liable in any
manner whatsoever to the Applicant and without prejudice to any other right or remedy which
the Authority may have under this TENDER, the Bidding Documents, the Concession
Agreement or under applicable law.
“The Authority” reserves the right to verify all statements, information and documents
submitted by the Applicant in response to the TENDER. Any such verification or lack of
such verification by the Authority shall not relieve the Applicant of its obligations or
liabilities hereunder nor will it affect any rights of the Authority there under.

52 The bid shall be rejected if the bidder-

a. Stipulates the validity period less than 180 days.

b. Stipulates own condition/conditions.
c. Does not fill and (digital) sign undertaking forms, which are incorporated, in the
document.

53 Clarifications
Applicants requiring any clarification on the tender may notify “the Authority” in writing or
by fax or e-mail. They should send in their queries before the date specified in the header
data. “The Authority” shall Endeavor to respond to the queries within the period specified
therein. The responses will be sent by fax and/or e-mail. The Authority will forward all the
queries and its responses thereto, to all purchasers of the TENDER without identifying the
source of queries.
“The Authority” shall Endeavor to respond to the questions raised or clarifications sought
by the Applicants. However, the Authority reserves the right not to respond to any question
or provide any clarification, in its sole discretion, and nothing in this Clause shall be taken
or read as compelling or requiring the Authority to respond to any question or to provide

any clarification, but not later than the date provided in header data.
“The Authority” may also on its own motion, if deemed necessary, issue interpretations and
clarifications to all Applicants. All clarifications and interpretations issued by the Authority
shall be deemed to be part of the tender. Verbal clarifications and information given by
Authority or its employees or representatives shall not in any way or manner be binding on
the Authority.
53 Amendment of tender
At any time prior to the deadline for submission of Application, the Authority may, for any
reason, whether at its own initiative or in response to clarifications requested by an
Applicant, modify the tender by the issuance of Addendum.
Any Addendum thus issued will be sent in writing/ Fax/ Email to all those who have
purchased the tender.
In order to afford the Applicants a reasonable time for taking an Addendum into account, or
for any other reason, the Authority may, in its sole discretion, extend the Application Due
Date.

Preparation and Submission of Application

54 Language

The Application and all related correspondence and documents in relation to the Bidding
Process shall be in English language. Supporting documents and printed literature furnished
by the Applicant with the Application may be in any other language provided that they are
accompanied by translations of all the pertinent passages in the English language, duly
authenticated and certified by the Applicant. Supporting materials, which are not translated
into English, may not be considered. For the purpose of interpretation and evaluation of the
Application, the English language translation shall prevail.

55 Format and signing of Application

The Applicant shall provide all the information sought under this TENDER. The Authority
will evaluate only those Applications that are received in the required formats and complete
in all respects. Incomplete and /or conditional Applications shall be liable to rejection.
The Applicant will upload bid in One Folder in electronic form which shall contain the
scanned certified copies of the documents given below and the documents uploaded has to
be digitally signed by the bidder. These copies shall be certified by Practicing Notary
approved by the Govt. of Maharashtra or Govt. of India with his stamp, clearly stating his

name & registration number, except where original documents are demanded

56 Marking of Applications
The Applicant shall submit the Application in the format specified at Appendix-I, together
with the documents, upload in folder as “VENDOR” together with their respective
enclosures
Applications submitted by fax, telex, telegram shall not be entertained and shall be rejected
outright.

57 Late Applications
Applications received by the Authority after the specified time on the Application Due Date
shall not be eligible for consideration and shall be summarily rejected.

58 Confidentiality
Information relating to the examination, clarification, evaluation, and recommendation for
the short-listed qualified Applicants shall not be disclosed to any person who is not
officially concerned with the process or is not a retained professional advisor advising the
Authority in relation to or matters arising out of, or concerning the Bidding Process. The
Authority will treat all information, submitted as part of Application, in confidence and will
require all those who have access to such material to treat the same in confidence. The
Authority may not divulge any such information unless it is directed to do so by any
statutory entity that has the power under law to require its disclosure or is to enforce or
assert any right or privilege of the statutory entity and/ or the Authority or as may be
required by law or in connection with any legal process.

59 Clarification Of Financial Bids

To assist in the examination, evaluation and comparison of Bids, the Engineer may, at his
discretion, ask any bidder for clarification of his Bid, including breakdown of unit rates.
The request for clarification and the response shall be in writing or by post/facsimile/e-
mail. No Bidder shall contact the Engineer on any matter relating to his bid from the time
of the bid opening to the time the contract is awarded. Any effort by the Bidder to
influence the Engineer in the Engineer’s bid evaluation, bid comparison or contract award
decisions may result in the rejection of the Bidder’s bid.
 60 Inspection of site and sufficiency of tender:
1. The Contractor shall inspect and examine the site and its surrounding and shall satisfy
himself before submitting his tender as to the nature of the ground and subsoil (so far as is
practicable), the form and nature of the site, the quantities and nature of the work and
materials necessary for the completion of the works and means of access to the site, the
accommodation he may require and in general shall himself obtain all necessary
information as to risk, contingencies and other circumstances which may influence or affect
his tender. He shall also take into consideration the hydrological and climatic conditions.

2. The Employer may make available to the Contractor data on hydrological and sub-
surface conditions as obtained by or on his behalf from investigations relevant to the works
but the Contractor shall be responsible for his own interpretation thereof. The contractor
shall engage his investigating agency with prior approval of the Engineer from the approved
list of such agencies by BMC or Govt at his cost initially before commencing actual work and
which shall be reimbursed immediately subject to satisfaction of the Engineer for faithful
compliance and submission of required data regarding such investigation within specified
time.

3. The Contractor shall be deemed to have satisfied himself before tendering as to the
correctness and sufficiency of his tender for the works and of the rates and prices quoted in
the schedule of works / items / quantities, or in Bill of Quantities, which rates and prices
shall, except as otherwise provided cover all his obligations under the Contract and all
matters and things necessary for proper completion and maintenance of the works. No extra
charges consequent on any misunderstanding.

4. Not Foreseeable Physical Obstructions or Conditions: If, however, during the

execution of the Works the Contractor encounters physical obstructions or physical
conditions, other than climatic conditions on the Site, which obstructions or conditions
were, in his opinion, not foreseeable by an experienced contractor, the Contractor shall
forthwith give notice thereof to the Engineer. On receipt of such notice, the Engineer shall,
if in his opinion such obstructions or conditions could not have been reasonably foreseen by
an experienced contractor, after due consultation with the Contractor, determine:

 any extension of time to which the Contractor is entitled and

 The amount of any costs which may have been incurred by the Contractor by reason
of such obstructions or conditions having been encountered, which shall be added to
the Contract Price.

 and shall notify the Contractor accordingly. Such determination shall take account
 of any instruction which the Engineer may issue to the Contractor in connection
therewith, and any proper and reasonable measures acceptable to the Engineer which the
Contractor may take in the absence of specific instructions from the Engineer.However
such costings shall be got approved by the competent authority as governed vide rules
prevailing with authority.

7. Permission for provision and removal of office on completion of work: The

tenderer shall obtain permission for provision of site office, cement go-down, store, etc. on
payment of necessary cost implication. The cement go-down, Watchman cabins, etc. shall
be provided as directed and shall be removed by the Tenderers on completion of the work at
their cost. It is binding on the Tenderer to fulfill requirements of Environmental Authorities.
The location of such office shall be finalized and got approved from the Engineer before
erection/commencement work.

8. Contractor’s office near works: The Contractor shall have an office near the works at
which notice from the Commissioner or the Engineer may be served and shall, between the
hours of sunrise and sunset on all working days, have a clerk or some other authorized
person always present at such office upon whom such notices may be served and service of
any notices left with such clerk or other authorized person or at such office shall be deemed
good service upon the Contractor and such offices shall have pre-requisite facilities for e-
governance.

61 Official Secrecy:

The Contractor shall of all the persons employed in any works in connection with the
contract that the India Official Secrets Act 1923 (XIX of 1923) applies to them and will
continue to apply even after execution of the said works and they will not disclose any
information regarding this contract to any third party. The contractor shall also bring into
notice that, any information found to be leaked out or disclosed the concern person as well
as the Contractor will be liable for penal action; further the Corporation will be at liberty to
terminate the contract without notice.

62 Subsequent Legislation:

If on the day of submission of bids for the contract, there occur changes to any National or
State stature, Ordinance, decree or other law or any regulation or By-laws or any local or
other duly constituted authority or the introduction of any such National or State Statute,
Ordinance, decree or by which causes additional or reduced cost to the Contractor, such
additional or reduced cost shall, after due consultation with the Contractor, be determined
 by the concerned Engineering Department of BMC and shall be added to or deducted from
the Contract Price with prior approval of competent authority and the concerned Engineering
Department shall notify the Contractor accordingly with a copy to the Employer. BMC
reserve the right to take decision in respect of addition/reduction of costin contract.

63 Patent, Right and Royalties:

The contractor shall save harmless and indemnify the Corporation from and against all
claims and proceedings for or on account of infringement of any Patent rights, design
trademark or name of other protected rights in respect of any constructional plant, machine
work, or material used for or in connection with the Works or any of them and from and
against all claims, proceedings, damages, costs, charges and expenses whatsoever in respect
thereof or in relation thereto. Except where otherwise specified, the contractor shall pay all
tonnage and other royalties, rent and other payments or compensation, if any, for getting
stone, sand, gravel, clay or other materials required for the works or any of them.

64 Payments, Tax and Claims:

 The limit for unforeseen claims

Under no circumstances whatever the contractor shall be entitled to any compensation
from BMC on any account unless the contractor shall have submitted a claim in writing to
the Eng-in-change within 1 month of the case of such claim occurring.
 No interest for delayed payments due to disputes, etc:

It is agreed that the Brihanmumbai Municipal Corporationor its Engineer or Officer shall
not be liable to pay any interest or damage with respect of any moneys or balance which
may be in its or its Engineer’s or officer’s hands owing to any dispute or difference or
claim or misunderstanding between the Municipal Corporation of Greater Bombay or its
Engineer or Officer on the one hand and the contractor on the other, or with respect to
any delay on the part of the Municipal Corporation of Greater Bombay or its Engineer or
Officers in making periodical or final payments or in any other respect whatever.

65 Settlement of Disputes:

 Termination of contract for death

If the Contractor is an individual or a proprietary concern and the individual or the

proprietor dies and if the Contractor is a partnership concern and one of the legal
representative of the individual Contractor or the proprietor of the proprietary concern
and in case of partnership, the surviving partners, are capable of carrying out and
completing the contract, the Commissioner shall be entitled to cancel the contract as to its
 uncompleted part without the Corporation being in any way liable to payment of any
compensation to the estate of the deceased Contractor and or to the surviving partners of
the Contractor’s firm on account of the cancellation of the contract. The decision of the
Commissioner that the
egal representative of the deceased Contractor or surviving partners of the Contractor’s
firm cannot carry out and complete the contract shall be final and binding on the parties.
In the event of such cancellation the Commissioner shall not hold estate of the deceased
Contractor and or surviving partners of the Contractor’s firm liable in damages for not
completing the contract.

 Settlement of Disputes:

If any dispute or differences of any kind whatsoever other than those in respect of which,
the decision of any person is, by the Contract, expressed to be final and binding) shall arise
between the Employer and the Contractor or the Engineer and the Contractor in connection
with or arising out of the Contract or carrying out of the Works (Whether during the
progress of the Works or after their completion and whether before or after the termination,
abandonment or breach of the Contract) it, the aggrieved party may refer such dispute
within a period of 7 days to the concerned Addl. Municipal Commissioner who shall
constitute a committee comprising of three officers i.e. concerned Deputy Municipal
Commissioner or Director (ES&P), Chief Engineer other than the Engineer of the Contract
and concerned Chief Accountant. The Committee shall give decision in writing within 60
days. Appeal on the Order of the Committee may be referred to the Municipal
Commissioner within 7 days. Thereafter the Municipal Commissioner shall constitute a
Committee comprising of three Addl. Municipal Commissioners including Addl. Municipal
Commissioner in charge of Finance Department. The Municipal Commissioner within a
period of 90 days after being requested to doso shall give written notice of committee’s
decision to the Contractor. Save as herein provided such decision in respect of every matter
so referred shall be final and binding upon both parties until the completion of the works,
and shall forthwith be given effect to by the Contractor who shall proceed with the works
with due diligence, whether he requires arbitration as hereinafter provided or not. If the
Commissioner has given written notice of the decision to the Contractor and no Claim to
arbitration has been communicated within a period of 90 days from receipt of such notice
the said decision shall remain final and binding upon the Contractor.

66 Arbitration and Jurisdiction:

If the Commissioner shall fail to give notice of the decision as aforesaid within a period of
90 days after being requested as aforesaid, or if the Contractor be dissatisfied with any such
decision, then and in any such case the Contractor may within 90 days after receiving notice
of such decision or within 90 days after the expirations of the first named period of 90 days
(as the case may be) require that the matter or matters in dispute be referred to arbitration as
hereinafter provided. All disputes or differences in respect of which the decision (if any) of
the Commissioner has not become final and binding as aforesaid shall be finally settled by

Arbitration as follows:
Arbitration shall be effected by a single arbitrator agreed upon the parties. The arbitration
shall be conducted in accordance with the provisions of the Arbitration Act, 1996 or any
statutory modifications thereof, and shall be held at such place and time within the limits of
Brihan Mumbai as the arbitrator may determine. The decision of the arbitrator shall be final
and binding upon the parties hereto and the expense of the arbitration shall be paid as may
be determined by the arbitrator. Performance under the Contract shall, if reasonably be
possible, continued during the arbitration proceedings and payment due to the Contractor by
the Employer shall not be withheld unless they are the subject matter of arbitration
proceedings. The said arbitrator shall have full power to open up, review and revise any
decision, opinion, direction, certification or valuation of the Commissioner and neither party
shall be limited in the proceedings before such arbitrator to the evidence or arguments put
before the Commissioner for the purpose of obtaining his said decision. No decision given
by the Commissioner in accordance with the foregoing provisions shall disqualify him from
being called as a witness and giving evidence before the arbitrator on any matters
whatsoever relevant to the disputes or difference referred to the arbitrator as aforesaid. All
awards shall be in writing and for claims equivalent to 5,00,000 or more such awards shall
state reasons for amounts awarded. The expenditure of arbitration shall be paid as may be
determined by arbitrator.
In case of any claim, dispute or difference arising in respect of a contract, the cause of
action thereof shall be deemed to have arisen in Mumbai and all legal proceedings in
respect of any claim, dispute or difference shall be instituted in a competent court in the
City of Mumbai only.

67 Copyright:

The copyright of all drawings and other documents provided by the Contractor under the
contract shall remain vested in the Contractor or his sub-contractors as the case may be the
employer shall have a license to use such drawings and other documents in connection with
the design, construction, operation, maintenance of the works. At any time the Employer
shall have further license without additional payment to the Contractor to use any such
drawings or documents for the purpose of making any improvement of the works or
enlargement or duplication of any part thereof, provided that such improvement,
enlargement, or duplication by itself or in conjunction with any other improvements,
 enlargements or duplications already made in accordance with the further license does not
result in the duplication of the whole works.

68 Receipts to be signed in firm’s name by any one of the partners:

Every receipt for money which may become payable or for any security which may become
transferable to the Contractor under these present shall, if signed in the partnership name by
any one of the partners, be a good and sufficient discharge to the Commissioner and Municipal
Corporation in respect of the money or security purporting to be acknowledged thereby, and in
the event of death of any of the partners during the pendency of this contract, it is hereby
expressly agreed that every receipt by any one of the surviving partners shall, if so signed as
aforesaid, be good and sufficient discharge as aforesaid provided that nothing in this clause
contained shall be deemed to prejudice or effect any claim which the Commissioner or the
Corporation may hereafter have against the legal representatives of any partners so dying or in
respect of any breach of any of the conditions thereof, provided also that nothing in this clause
contained shall be deemed prejudicial or affect the respective rights or obligations of the
Contractors and of the legal representatives of any deceased Contractors interest.
69 Proprietary data
All documents and other information supplied by the Authority or submitted by an Applicant
to the Authority shall remain or become the property of the Authority. Applicants are to treat
all information as strictly confidential and shall not use it for any purpose other than for
preparation and submission of their Application. The Authority will not return any Application
or any information provided along therewith.
70 Correspondence with the Applicant
Save and except as provided in this TENDER, the Authority shall not entertain any
correspondence with any Applicant in relation to the acceptance or rejection of any
Application.

Note: Operative period shall mean original or extended time period of contract.
71. Payment:

Interim Payment :

i) Interim bills shall be submitted by the Contractor from time to time (but at an interval of
not less than one month) for the works executed. The Engineer shall arrange to have the bill s
verified by taking or causing to be taken, where necessary, the requisite measurement of work.

ii) Payment on account for amount admissible shall be made on the Engineer certifying
 the sum to which the Contractor is considered entitled by way of interim payment for all the
work executed, after deducting there from the amount already paid, the security deposit /
retention money and such other amounts as may be deductible or recoverable in terms of
the contract.

iii) On request, the contractor will be paid upto 75 percent of the value of the work
carried out as an adhoc payment in the first week of next month after deducting there from
recoveries on account of advances, interest, retention money, income tax etc. The balance
payment due will be paid thereafter.

iv) No interim payment will be admitted until such time the Contractor have fully
complied with the requirement of the Condition no.8 (g) and 8 (h) concerning submission
and approval of Network Schedule for the works, as detailed in Condition 8 (h). A fixed
sum shall be held in abeyance at the time of next interim payment for non-attainment of
each milestone in the network and shall be released only on attainment of the said
milestone.

v) An interim certificate given relating to work done or material delivered may be

modified or corrected by a subsequent interim certificate or by the final certificate. No
certificate of the Engineer supporting an interim payment shall of itself be conclusive
evidence that any work or materials to which it relates is / are in accordance with the
contract.

72 Banning/De-Registration of Agencies of Construction works in BMC

 The regulations regarding Demotion/ Suspension Banning for specific period or

permanently / De-Registration shall be governed as per the respective condition
in Contractor Registration Rules of BMC.

73. Compensation for delay:

If the Contractor fails to complete the works and clear the site on or before the Contract
or extended date(s) / period(s) of completion, he shall, without prejudice to any other
right or remedy of Municipal Corporation on account of such breach, pay as agreed
 compensation, amount calculated as stipulated below (or such smaller amount as may
be fixed by the Engineer) on the contract value of the whole work or on the contract
value of the time or group of items of work for which separate period of completion are
given in the contract and of which completion is delayed for every week that the whole
of the work of item or group of items of work concerned remains uncompleted, even
though the contract as a whole be completed by the contract or the extended date of
completion. For this purpose the term ‘Contract Value’ shall be the value of the work at
Contract Rates as ordered including the value of all deviations ordered:
• Completion period for projects (originally stipulated or as extended) not exceeding
10 days : to the extent of maximum 1 percent per week.
• Completion period for projects (originally stipulated or as extended) exceeding
10 days and not exceeding 2 years: to the extent of maximum ½ percent per week.
• Completion period for projects (originally stipulated or as extended) exceeding 2
years : to the extent of maximum ¼ percent per week.

When the delay is not a full week or in multiple of a week but involves a fraction of a
week the compensation payable for that fraction shall be proportional to the number of
days involved.
Provided always that the total amount of compensation for delay to be paid this
condition shall not exceed the undernoted percentage of the Contract Value of the item
or group of items of work for which a separate period of completion is given.
i) Completion period (as originally stipulated or as extended) not exceeding 10 days:
10 percent.
ii) Completion period (as originally stipulated or as extended) exceeding 10 days and
not exceeding 2 years : 7½ percent.
iii) Completion period (as originally stipulated or as extended) exceeding 2 years : 5
percent.
The amount of compensation may be adjusted set off against any sum payable to the
contractor under this or any other contract with the Municipal Corporation.

74. Action And Compensation Payable In Case Of Bad Work And Not Done As Per
Specifications
All works under or in course of execution or executed in pursuance of the contract,
shall at all times be open and accessible to the inspection and supervision of the
Engineer-in-charge, his authorized subordinates in charge of the work and all the
superior officers, officer of the Vigilance Department of the BMC or any organization
engaged by the BMC for Quality Assurance and the contractor shall, at all times, during
the usual working hours and at all other times at which reasonable notice of the visit of
such officers has been given to the contractor, either himself be present to receive orders
and instructions or have a responsible agent duly accredited in
 writing, present for that purpose. Orders given to the Contractor’s agent shall be
considered to have the same force as if they had been given to the contractor himself.
If it shall appear to the Engineer-in-charge or his authorized subordinates in-charge of
the work or to the officer of Vigilance Department, that any work has been executed
with unsound, imperfect or unskillful workmanship or with materials of any inferior
description, or that any materials or articles provided by him for the execution of the
work are unsound or of a quality inferior to that contracted for or otherwise not in
accordance with the contract, the contractor shall, on demand in writing which shall be
made within twelve months of the completion of the work from the Engineer-in-Charge
specifying the work, materials or articles complained of notwithstanding that the same
may have been passed, certified and paid for forthwith rectify, or remove and
reconstruct the work so specified in whole or in part, as the case may require or as the
case may be, remove the materials or articles so specified and provide other proper and
suitable materials or articles at his own charge and cost. In the event of the failing to do
so within a period specified by the Engineer-in-Charge in his demand aforesaid, then
the contractor shall be liable to pay compensation at the same rate as under clause 8.e.
of the general condition of contract in section 9 of tender document (for Compensation
for delay) for this default. In such case the Engineer-in Charge may not accept the item
of work at the rates applicable under the contract but may accept such items at reduced
rates as the Engineer in charge may consider reasonable during the preparation of on
account bills or final bill if the item is so acceptable without detriment to the safety and
utility of the item and the structure or he may reject the work outright without any
payment and/or get it and other connected and incidental items rectified, or removed
and re-executed at the risk and cost of the contractor. Decision of the Engineer-in-
Charge to be conveyed in writing in respect of the same will be final and binding on the
contractor.
If the penalisation amount exceeds maximum limit with respect to Clause 8.e of
Standard General Conditions of Contract, then a show cause notice shall necessarily be
issued to the contract as to why the contract should not be terminated.
75 Contractors remain liable to pay compensation:
In any case in which any of the powers conferred upon the Engineer In-charge by the
relevant clauses in documents that form a part of contract as exercised or is exercisable
in the event of any future case of default by the Contractor, he is declared liable to pay
compensation amounting to the whole of his security deposit. The liability of the
Contractor for past and future compensation shall remain unaffected.
In the event of the Executive Engineer taking action against these relevant clauses,
 he may, if he so desires, take possession of all or any tools and plant, materials and
stores in or upon the work of site thereof or belonging to the Contractor or procured
by him and intended to be used for the execution of the work or any part thereof
paying or allowing for the same in account at the contract rates, or in the case of
contract rates not being applicable at current market rates to be certified by the
Executive Engineer, may after giving notice in writing to the Contractor or his staff
of the work or other authorized agent require him to remove such tools and plants,
materials or stores from the premises within a time to be specified in such notice and
in the event of the Contractor failing to comply with any such requisition, the
Executive Engineer may remove them at the contractors expense of sell them by
auction or private sell on account of the Contractor at his risk in all respects and
certificate of the Executive Engineer as to the expense of any such removal and the
amount of the proceeds an expense of any such sell be final and conclusive against
the Contractor.

76 No Claim To Any Payment Or Compensation Or Alteration In Or Restriction Of

Work
(a) If at any time after the execution of contract documents, the Engineer shall for any
reason whatsoever, desires that the whole or any part of the works specified in the
Tender should be suspended for any period or that the whole or part of the work should
not be carried out, at all, he shall give to the Contractor a Notice in writing of such
desire and upon the receipt of such notice, the Contractor shall forthwith suspend or
stop the work wholly or in part as required after having due regard to the appropriate
stage at which the work should be stopped or suspended so as not to cause any damage
or injury the work already done or endanger the safety thereof, provided that the
decision of the Engineer as to the stage at which the work or any part of it could be or
could have been safely stopped or suspended shall be final and conclusive against the
contractor.
The Contractor shall have no claim to any payment or compensation whatsoever by
reason of or in pursuance of any notice as aforesaid, on account of any suspension,
stoppage or curtailment except to the extent specified hereinafter.
(b) Where the total suspension of Work Order as aforesaid continued for a continuous
period exceeding 90 days the contractor shall be at liberty to withdraw from the
contractual obligations under the contract so far as it pertains to the unexecuted part of
the work by giving 10 days prior notice in writing to the Engineer within 30 days of the
expiry of the said period of 90 days, of such intention and requiring the Engineering to
record the final measurement of the work already done and to pay final bill. Upon
giving such Notice, the Contractor shall be deem to have been discharged from his
obligations to complete the remaining unexecuted work under his contract. On receipt
of such notice the Engineer shall proceed to complete the measurement and make such
payment as may be finally due to the contractor within a period of 90 days from the
receipt of such Notice in respect of the work already done by the contractor. Such
 payment shall not in any manner prejudice the right of the contractor to any further
compensation under the remaining provisions of this clause.
(c) Where the Engineer required to Contractor to suspend the work for a period in
excess of 30 days at any time or 60 days in the aggregate, the Contractor shall be
entitled to apply to the Engineer within 30 days of the resumption of the work after
such suspension for payment of compensation to the extent of pecuniary loss suffered
by him in respect of working machinery remained ideal on the site of on the account of
his having an to pay the salary of wages and labour engaged by him during the said
period of suspension provided always that the contractor shall not be entitled to any
claim in respect of any such working machinery, salary or wages for the first 30 days
whether consecutive or in the aggregate or such suspension or in respect of any such
suspension whatsoever occasion by unsatisfactory work or any other default on his part,
the decision of the Engineer in this regard shall be final and conclusive against the
contractor.

77. Contractor to supply plant, ladder, scaffolding, etc and is liable for damages
arising from non provision of lights, fencing, etc.
The Contractor shall supply at his own cost all material, plant, tools, appliances,
implements, ladders, cordage, tackle scaffolding and temporary works requisite or
proper for the proper execution of the work, whether, in the original altered or
substituted form and whether included in the specification of other documents forming
part of the contract or referred to in these conditions or not and which may be necessary
for the purpose of satisfying or complying with the requirements of the Eng-In-Charge
as to any matter as to which under these conditions is entitled to be satisfied, or which
is entitled to require together with the carriage therefore to and from the work.
The Contractor shall also supply without charge, the requisite number of person with
the means and materials necessary for the purpose of setting out works and counting,
weighing and assisting in the measurements of examination at any time and from time
to time of the work or materials, failing which the same may be provided by the
Engineer In-charge at the expense of the contractor and the expenses may be deducted
from any money due to the contractor under the contract or from his security deposit or
the proceeds of sale thereof, or offers sufficient portion thereof.
The contractor shall provide all necessary fencing and lights required to protect the
public from accident and shall also be bound to bear the expenses of defence of every
suit, action or other legal proceedings, that may be brought by any person for injury
sustained owing to neglect of the above precautions and to pay any damages and cost
which may be awarded in any such suit action or proceedings to any such person or
which may with the consent of the contractor be paid for compromising any claim by
any such person.
78 Prevention of Fire :
 The contractor shall not set fire to any standing jungle, trees, brushwood or grass
without a written permit from the Engineer In-charge. When such permit is given,
and also in all cases when destroying cut or dug up trees brushwood, grass, etc., by
fire, the contractor shall take necessary measure to prevent such fire spreading to or
otherwise damaging surrounding property. The Contractor shall make his own
arrangements for drinking water for the labour employed by him.
79 Compensation for all damages done intentionally or unintentionally by
contractor’s labour whether in or beyond the limits of BMC property including
any damage caused by spreading the fire shall be estimated by the Engineer In-
charge or such other officer as he may appoint and the estimate of the Engineer in-
charge to the decision of the Chief Engineer(SWM) on appeal shall be final and
the contractor shall be bound to pay the amount of the assessed compensation on
demand failing which the same will be recovered from the Contractor as
damages or deducted by the Engineer In-charge from any sums that may be due
or become due from BMC to contractor under this Contract or otherwise.
Contractor shall bear the expenses of defending any action or other legal
proceedings that may be brought to prevent the spread of fire and he shall pay
any damages and costs that may be awarded by the Court in consequence.
80 In the case of Tender by partners, any change in the constitution of the firm
shall be forthwith, notified by the contractor through the Engineer In-charge for
his information.
81 Action where no specifications :
In the case of any class of work for which there is no such specifications, such works
shall be carried out in accordance with the specifications and in the event of there
being no such specifications, then in such case, the work shall be carried out in all
respects in accordance with all instructions and requirements of the Engineer In-
charge.

82 Safety and medical help :

(i) The Contractor shall be responsible for and shall pay the expenses of providing
medical help to any workmen who may suffer a bodily injury as a result of an
accident. If such expenses are incurred by BMC, the same shall be recoverable from
the contractor forthwith and be included without prejudice to any other remedy of
BMC from any amount due or that may become due to the Contractor.
(ii) The contractor shall provide necessary personal safety equipment and first-aid box
for the use of persons employed on the site and shall maintain the same in condition
suitable for immediate use at any time.
(iii) The workers shall be required to use the safety equipments so provided by the
contractor and the contractor shall take adequate steps to ensure the proper use of
equipments by those concerned.
(iv) When the work is carried on in proximity to any place where there is risk or drawing
all necessary equipments shall be provided and kept ready for use and all necessary
steps shall be taken for the prompt rescue of any person in danger.
83 No compensation shall be allowed for any delay caused in the starting of the
work on account of acquisition of land or in the case of clearance of works, on
account of ant delay in according to sanction of estimates.

84 Anti-malaria and other health measures:

Anti-Malaria and other health measures shall be taken as directed by the Executive
Health Officer of BMC. Contractor shall see that mosquitogenic conditions are created
so as to keep vector population to minimum level. Contractor shall carry out anti-
malaria measures in the area as per the guidelines issued by the Executive Health
Officer of BMC from time to time.
In case of default, in carrying out prescribed anti-malaria measures resulting in
increase in malaria incidence, contractor shall be liable to pay BMC on anti- malaria
measures to control the situation in addition to fine.
SECTION 10
FRAUD
AND
CORRUPT
PRACTICES
 FRAUD AND CORRUPT PRACTICES
 The Applicants and their respective officers, employees, agents and advisers shall observe
the highest standard of ethics during the Bidding Process. Notwithstanding anything to the
contrary contained herein, the Authority may reject an Application without being liable in
any manner whatsoever to the Applicant if it determines that the Applicant has, directly or
indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice in the Bidding Process.
 Without prejudice to the rights of the Authority under relevant Clause hereinabove, if an
Applicant is found by the Authority to have directly or indirectly or through an agent,
engaged or indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice during the Bidding Process, such Applicant shall
not be eligible to participate in any tender or RFQ issued by the Authority during a period
of 2 (two) years from the date such Applicant is found by the Authority to have directly or
indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice, as the case may be.
 For the purposes of this Clause , the following terms shall have the meaning hereinafter
respectively assigned to them:
A. “corrupt practice” means
the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to
influence the actions of any person connected with the Bidding Process (for avoidance of
doubt, offering of employment to, or employing, or engaging in any manner whatsoever,
directly or indirectly, any official of the Authority who is or has been associated in any
manner, directly or indirectly, with the Bidding Process or the LOA or has dealt with
matters concerning the Concession Agreement or arising there from, before or after the
execution thereof, at any time prior to the expiry of one year from the date such official
resigns or retires from or otherwise ceases to be in the service of the Authority, shall be
deemed to constitute influencing the actions of a person connected with the Bidding
Process); or
save and except as permitted under the relavant sub clause, engaging in any manner
whatsoever, whether during the Bidding Process or after the issue of the LOA or after the
execution of the Concession Agreement, as the case may be, any person in respect of any
matter relating to the Project or the LOA or the Concession Agreement, who at any time
has been or is a legal, financial or technical adviser of the Authority in relation to any
matter concerning the Project;
B. “fraudulent practice” means a misrepresentation or omission of facts or suppression of
 facts or disclosure of incomplete facts, in order to influence the Bidding Process ;
C. “coercive practice” means impairing or harming or threatening to impair or harm, directly
or indirectly, any person or property to influence any persons participation or action in the
Bidding Process;
D. “undesirable practice” means (i) establishing contact with any person connected with or
employed or engaged by the Authority with the objective of canvassing, lobbying or in any
manner influencing or attempting to influence the Bidding Process; or (ii) having a Conflict
of Interest; and
E. “Restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Applicants with the objective of restricting or manipulating a full and
fair competition in the Bidding Process.
F. If the Employer/Financier determines that the Contractor has engaged in corrupt,
fraudulent, collusive, coercive or obstructive practices, in competing for or in executing
the Contract, then the Employer may, after giving 14 days’ notice to the Contractor,
terminate the Contractor's employment under the Contract and expel him from the Site, and
the provisions of relevant Clause shall apply as if such expulsion had been made.
G. Should any employee of the Contractor be determined to have engaged in corrupt,
fraudulent, collusive, coercive, or obstructive practice during the execution of the Works,
then that employee shall be removed in accordance with relevant Clause.

For the purposes of this Sub-Clause:

i. “corrupt practice” is the offering, giving, receiving to soliciting, directly or

indirectly, of anything of value to influence improperly the actions of another party;

ii. “another party” refers to a public official acting in relation to the procurement
process or contract execution. In this context, “public official” includes Financer
staff and employees of other organizations taking or reviewing procurement
decisions.

iii. “fraudulent practice” is any act or omission, including a misrepresentation, that

knowingly or recklessly misleads, or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation;

iv. “collusive practice” is an arrangement between two or more parties designed to

achieve an improper purpose, including to influence improperly the actions of
another party;

v. “coercive practice” is impairing or harming, or threatening to impair or harm,

 directly or indirectly, any party or the property of the party to influence improperly
the actions of a party;

vi. “obstructive practice” is deliberately destroying, falsifying, altering or concealing

of evidence material to the investigation or making false statements to investigators
in order to materially impede the Financier investigation into allegations of a
corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or
intimidating any party to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation; or

vii. acts intended to materially impede the exercise of the Financer’s inspection and
audit rights provided .

viii. “party” refers to a public official; the terms “benefit” and “obligation” relate to the
procurement process or contract execution; and the “act or omission” is intended to
influence the procurement process or contract execution.

ix. ”parties” refers to participants in the procurement process (including public

officials) attempting to establish bid prices at artificial, noncompetitive levels.

x. a “party” refers to a participant in the procurement process or contract execution.

 SECTION 11
PRE BID MEETING
 PREBID MEETING - (N.A.)

Pre-bid meeting of the interested parties shall be convened at the designated date, time and
place. A maximum of three representatives of each Applicant shall be allowed to participate on
production of authority letter from the Applicant.

During the course of Pre-bid meeting, the Applicants will be free to seek clarifications and
make suggestions for consideration of the Authority. The Authority shall Endeavour to provide
clarifications and such further information as it may, in its sole discretion, consider appropriate for
facilitating a fair, transparent and competitive Bidding Process.
 SECTION –12
LIST OF APPROVED BANKS
 LIST OF APPROVED BANKS

1. The following Banks with their branches in Greater Mumbai and in suburbs and extended
suburbs up to Virar and Kalyan have been approved only for the purpose of accepting
Banker’s guarantee from 1997-98 onwards until further instructions.

2. The Bankers Guarantee issued by branches of approved Banks beyond Kalyan and Virar
can be accepted only if the said Banker’s Guarantee is countersigned by the Manager of a
branch of the same Bank, within the Mumbai Limit categorically endorsing thereon that
said bankers Guarantee is binding on the endorsing Branch of the bank within Mumbai
limits and is liable to be on forced against the said branch of the Bank in case of default by
the contractor/supplier furnishing the bankers Guarantee.

List of approved Banks:-

A S.B.I and its subsidiary Banks

1 State Bank Of India.

2 State Bank Of Bikaner & Jaipur.

3 State Bank Of Hyderabad.

4 State Bank Of Mysore.

5 State Bank Of Patiyala.

6 State Bank Of Saurashtra.

7 State Bank Of Travankore.

B Nationalized Banks

8 Allahabad Bank.

9 Andhra Bank.

10 Bank Of Baroda.

11 Bank Of India.

12 Bank Of Maharashtra.

13 Central Bank Of India.

14 Dena Bank.

15 Indian Bank.
16 Indian Overseas Bank.

17 Oriental Bank Of Commerce.

18 Punjab National Bank.

19 Punjab & Sindh Bank.

20 Syndicate Bank.

21 Union Bank Of India.

22 United Bank Of India.

23 UCO Bank.

24 Vijaya Bank.

24A Corporation Bank.

C Scheduled Commercial Banks

25 Bank Of Madura Ltd.

26 Bank Of Rajasthan Ltd.

27 Banaras State Bank Ltd.

28 Bharat Overseas Bank Ltd

29 Catholic Syrian Bank Ltd.

30 City Union Bank Ltd.

31 Development Credit Bank.

32 Dhanalakshmi Bank Ltd.

33 Federal Bank Ltd.

34 Indsind Bank Ltd.

35 I.C.I.C.I Banking Corporation Ltd.

36 Global Trust Bank Ltd.

37 Jammu & Kashmir Bank Ltd.

38 Karnataka Bank Ltd.

39 KarurVysya Bank Ltd.

40 Laxmi Vilas Bank Ltd.

41 Nedugundi Bank Ltd.

42 Ratnakar Bank Ltd.

43 Sangli Bank Ltd.

44 South Indian Bank Ltd.

45 S.B.I Corporation &Int Bank Ltd.

46 Tamilnadu Mercantile Bank Ltd.

47 United Western Bank Ltd.

48 Vysya Bank Ltd.

D Schedule Urban Co-op Banks

49 Abhyudaya Co-op Bank Ltd.

50 Bassein Catholic Co-op Bank Ltd.

51 Bharat Co-op Bank Ltd.

52 Bombay Mercantile Co-op Bank Ltd.

53 Cosmos Co-op Bank Ltd.

54 Greater Mumbai Co-op Bank Ltd.

55 JanataSahakari Bank Ltd.

56 Mumbai District Central Co-op Bank Ltd.

57 Maharashtra State Co-op Bank Ltd.

58 New India Co-op Bank Ltd.

59 North Canara G.S.B. Co-op Bank Ltd.

60 Rupee Co-op Bank Ltd.

61 Sangli Urban Co-op Bank Ltd.

62 Saraswat Co-op Bank Ltd.

63 ShamraoVithal Co-op Bank Ltd.

64 Mahanagar Co-op Bank Ltd.

65 Citizen Bank Ltd.

66 Yes Bank Ltd.

E Foreign Banks

67 ABM AMRO (N.Y.) Bank.

68 American Express Bank Ltd.

69 ANZ Grindlays Bank Ltd.

70 Bank Of America N.T. & S.A.

71 Bank Of Tokyo Ltd.

72 Bankindosuez.

73 BanqueNationale de Paris.

74 Barclays bank.

75 City Bank N.A.

76 Hongkong & Shanghai banking Corporation.

77 Mitsui Taiyokbe Bank Ltd.

78 Standard Chartered Bank.

79 Cho Hung Bank.

SECTION –13
APPENDIX
 FORM OF TENDER
To,
The Municipal Commissioner for GreaterMumbai
Sir,
I/ We have read and examined the following documents relating to the con-struction of _

i. Notice inviting tender.

ii. Directions to tenderers (General and special)
iii. General condition of contract for Civil Works of the Brihanmumbai Municipal Corporationas
amended up to date.

iv. Relevant drawings

v. Specifications.

vi. Special directions

vii. Annexure A and B.

viii. Bill of Quantities and Rates.

1A. I/We
(full name in capital letters, starting with surname), the Proprietor/ Managing Partner/ Managing
Director/ Holder of the Business, for the establishment / firm / registered company, named herein
below, do hereby offer to
…………………………………………………………………………………………………………………
……………………………………………………………………………………………….
…………………………………………..
……………………………………………………………….………….…………….………
…………………………………
Referred to in the specifications and schedule to the accompanying form of con-tract of the rates
entered in the schedule of rates sent herewith and signed by me/ us” (strike out the portions which
are not applicable).
1B. I/We do hereby state and declare that I/We, whose names are given herein below in details with the
addresses, have not filled in this tender under any other name or under the name of any other
establishment /firm or otherwise, nor arewe in any way related or concerned with the establishment
/firm or any other person, who have filled in the tender for the aforesaid work.”
2. I/We hereby tender for the execution of the works referred to in the aforesaid documents, upon the
terms and conditions, contained or referred to therein and in accordance with the specifications
designs, drawings and other relevant details in all respects.
* At the rates entered in the aforesaid Bill of Quantities and Rates.
3. According to your requirements for payment of Earnest Money amounting to Rs. /-(Rs.
)
I/We have deposited the amount through online payment gateways with the C.E. of the Corporation
not to bear interest
 4. I/We hereby request you not to enter into a contract with any other person/s for the execution of the
works until notice of non/acceptance of this tender has first been communicated to me/us, and in
consideration of yours agreeing to refrain from so doing I/we agree not to withdraw the offer
constituted by this tender be- fore the date of communication to me/us of such notice of
non/acceptance, which date shall be not later than ten days from the date of the decision of the Standing
Committee or Education Committee of the Corporation, as maybe required under the Mumbai
Municipal Corporation Act, not to accept this tender.(Subject to condi-tion 5 below).
5. I/We also agree to keep this tender open for acceptance for a period of 180 days from the date fixed
for opening the same and not to make any modifications in its terms and conditions which are not
acceptable to the Corporation.
6. I/We agree that the Corporation shall, without prejudice to any other right or remedy, be at liberty to
forfeit the said earnest money absolutely, if.
a. I/We fail to keep the tender open as aforesaid.
b. I/We fail to execute the formal contract or make the contract deposit whencalled upon to do
so.
c. I/we do not commence the work on or before the date specified by the En-gineer in his work
order.
7. I/We hereby further agree to pay all the charges of whatsoever nature in connec-tion with the
preparation, stamping and execution of the said contract.
8. I/We further agree that, I/we shall register ourselves as ‘Employer’ with the Bom- bay Iron and Steel
Labour Board’ and fulfill all the obligatory provisions of Ma- harashtra Mathadi, Hamal and other
Manual workers (Regulation of Employment and Welfare) Act 1969 and the Bombay Iron and Steel
unprotected workers Scheme 1970.
9. “I/We………………………………………….…….. have failed in the accompanying tender with full
knowledge of liabilities and, therefore, we will not raise any objection or dispute in any manner
relating to any action, including forfeiture of deposit and blacklisting, for giving any information,
which is found to be incorrect and againstthe instructions and directions given in this tender.
10. “I/We further agree and undertake that in the event it is revealed subsequentlyafter the allotment of
work/contract to me/us, that any information given byme/us in this tender is false or incorrect,
I/We shall compensate the Brihanmumbai Municipal Corporationfor any such losses or
inconvenience caused tothe Corporation in any manner and will not resist any claim for such
compensa-tion on any ground whatsoever. I/we agree and undertake that I/we shall not claim in
such case any amount by way of damages or compensation for cancella-tion of the contract given to
me/us or any work assigned to me/us or is with- drawn by the Corporation,”
Address Yours faithfully,

………………………………….

…………………………….……

Digital Signature of the Tenderer or the Firm

 1.……………………………………………….

2.……………………………………………….

3.……………………………………………….

4.……………………………………………….

5.……………………………………………….

Full Name and private residential address of all the

partners constituting the Firm
A/c No.

…. …………………………………………….

1. …………………………………….. Name of Bank

2. …………………………………….. …………………………………………………

3. …………………………………….. Name of Branch

4. …………………………………….. ………………………………………………….

5. …………………………………….. Vender No.

……………………………………
 AGREEMENT FORM
Tender / Quotation dated ....................... 20…

Standing Committee/Education Committee Resolution No. ……..……………………………….

CONTRACT FOR THE WORKS …….…………………………………………..………..…………
…………………………………………………………...………………………….…………………………………
………………
…………………………...…………………………………………………
This agreement made this day of ………… ……………………………. ……………… …………
Two thousand ..................................................................................................................................... Between
.……...……………...………………………………………………….…………….………
………………………………………………………..…………….…………………………..……..…
inhabitants of Mumbai, carrying on business at…… ………………...…..…… ………… …
…………………………………………………………………...………………………….……………
in Bombay under the style and name of Messrs ……………………..………………………
……………………………………………………………...……………………………………………
(Hereinafter called“the contractor of the one part and Shri ………………………………
…………………………………………………………………………………….…………….……….
the D.M.C. (S.W.M.) (hereinafter called “the commissioner” in which expression areincluded unless the
inclusion is inconsistent with the context, or meaning thereof, hissuccessor or successors for the time being
holding the office of Director (E,S.& P)ofthe second part and the Brihanmumbai Municipal
Corporation(hereinafter called“the Corporation”) of the third part, WHEREAS the contractor has
tendered for the construction, completion and maintenance of the works described above and his ten-der
has been accepted by the Commissioner (with the approval of the StandingCommittee/Education
Committee of the Corporation NOW THIS
THIS AGREEMENT WITNESSETH as follows:-

1) In this agreement words and expressions shall have the same meanings as are respectively assigned
to them in the General Conditions of Contract for works hereinafter referred to:-
2) The following documents shall be deemed to form and be read and constructed as a part of this
agreement viz.
a) The letter of Acceptance
b) The Bid:
c) Addendum to Bid; if any
d) Tender Document
e) The Bill of Quantities:
f) The Specification:
g) Detailed Engineering Drawings
h) Standard General Conditions of Contracts (GCC)
i) All correspondence documents between bidder and BMC
3) In consideration of the payments to be made by the Commissioner to the contractor as hereinafter
mentioned the contractor hereby covenants with the Commissioner to construct, complete and maintain the
works in conformity in all
 respects with the provision of the contract.
4) The Commissioner hereby covenants to pay to the Contractor in consideration of the construction,
completion and maintenance of the works the contract sum, at times and in the manner prescribed by the
contract.
IN WITNESS WHERE OF the parties hereto have caused their respective common seals to be herein to
affixed (or have hereunto set their respective hands and seals) the day and year above written.

Signed, Sealed and delivered by the contractors

In the presence of Trading under the name and style of

Full Name
Address Contractors
Signed by the Director (ES&P) / DMC (SWM) inthe
presence of Ex ..........City/ WS/ ES

Director (ES&P)/DMC (SWM)

The Common seal of the Brihanmumbai Municipal
Corporationwas hereunto affixed on the
…………...... 20 in the presence of two mem-bers of
the Standing Committee.

1. 1.

2. 2.

And in the presence of the Municipal Secretary Municipal Secretary

 Annexure Irrevocable

Undertaking

(on Rs.500/- Stamp Paper)

I Shri/Smt…………………………………………… aged ……….. years Indian Inhabitant.

Proprietor/Partner/Director of M/s…………….…………………. resident at

………………………………………………. do hereby give Irrevocable Undertaking as under :

1. I say & undertake that as specified in section 171 of CGST Act, 2017, any reduction in rate

of tax on supply of goods or services or the benefit of input tax credit shall be mandatorily

passed on to BMC by way of commensurate reduction in prices.

2. I further say and undertake that I understand that in case the same is not passed on and is

discovered at any later stage, BMC shall be at liberty to initiate legal action against me for its

recovery including, but not limited to, an appeal to the Screening Committee of GST Counsel.

3. I say that above said irrevocable undertaking is binding upon me/my partners/company/other

Directors of the company and also upon my/our legal heirs, assignee, Executor, administrator

etc.

4. If I fail to compliance with the provisions of the GST Act, I shall be liable for

penalty/punishment or both as per the provisions of GST Act.

Whatever has been stated here in above is true & correct to my/our own knowledge& belief.

Solemnly affirmed at DEPONANT

This day of BEFORE ME

Interpreted Explained and Identified by me

 ANNEXURE '' A ''
Name of work : Procurement of 05 nos. of Khilkhilat Ambulance to be supplied to various B.M.C.
Hospitals

1. The Engineer for this work : Chief Engineer (SWM)

2.
Earnest Money (1% of the Estimated cost) Rs.1,17,410/-

3. Time Period

1. Contract as a whole Period completion 10 days

2. Part or Groups of items

1) - 4) -

2) - 5) -

3) - 6) -
 Annexure- B

PRE-CONTRACT INTEGRITY PACT

The Bidder commits himself to take all measures necessary to prevent corrupt practices, unfair
means and illegal activities during any stage of his bid or during any pre-contract or post-contract
stage in order to secure the contract or in furtherance to secure it and in particular commits himself
to the following:-

1. The Bidder will not offer, directly or through intermediaries, any bribe, gift, consideration,
reward, favour, any material or immaterial benefit or other advantage, commission, fees,
brokerage or inducement to any official of the BMC, connected directly or indirectly with
the bidding process, or to any person, organization or third party related to the contract in
exchange for any advantage in the bidding, evaluation, contracting and implementation of the
Contract.

2. The Bidder further undertakes that he has not given, offered or promised to give, directly or
indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or
other advantage, commission, fees, brokerage or inducement to any official of the BMC or
otherwise in procuring the Contract or forbearing to do or having done any act in relation to
the obtaining or execution of the Contract or any other Contract with the Government for
showing or forbearing to show favour or disfavour to any person in relation to the Contract or
any other Contract with the Government.

3. The Bidder will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation, contracting and
implementation of the contract.

4. The Bidder will not accept any advantage in exchange for any corrupt practice, unfair means
and illegal activities.

5. The Bidder, either while presenting the bid or during pre-contract negotiations or before
signing the contract, shall disclose any payments he has made, is committed to or intends to
make to officials of the BMC or their family members, agents, brokers or any other
intermediaries in connection with the contract and the details of services agreed upon for
such payments.

6. The Bidder shall not use improperly, for purposes of competition or personal gain, or pass on to
 others, any information provided by the BMC as part of the business relationship, regarding plans,
technical proposals and business details, including information contained in any electronic data
carrier. The Bidder also undertakes to exercise due and adequate care lest anysuch information is
divulged.

7. The Bidder commits to refrain from giving any complaint directly or through any other manner
without supporting it with full and verifiable facts.

8. The Bidder shall not instigate or cause to instigate any third person to commit any of the actions
mentioned above.

9. The Bidder and their respective officers, employees, agents and advisers shall observe the
highest standard of ethics during the Bidding Process. Notwithstanding anything to the
contrary contained herein, the Authority may reject an Application without being liable in any
manner whatsoever to the Applicant if it determines that the Applicant has, directly or
indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice in the Bidding Process

For the purposes of this Clause 9, the following terms shall have the meaning herein after
respectively assigned to them:
1. “fraudulent practice” means a misrepresentation or omission of facts or suppression of facts
or disclosure of incomplete facts, in order to influence the Bidding Process ;

1. “coercive practice” means impairing or harming or threatening to impair or harm, directly

or indirectly, any person or property to influence any persons participation or action in the Bidding
Process;

2. “undesirable practice” means (i) establishing contact with any person connected with or
employed or engaged by the Authority with the objective of canvassing, lobbying or in any manner
influencing or attempting to influence the Bidding Process; or (ii) having a Conflict of Interest; and

3. “restrictive practice” means forming a cartel or arriving at any understanding or

arrangement among Applicants with the objective of restricting or manipulating a full and fair
competition in the Bidding Process.

Signature of Tenderer/Bidder
 Annexure- C

(On Rs. 500/- Stamp Paper)

DECLARATION CUM INDEMNITY BOND

I, of , do hereby declared and undertake

as under.

1. I declare that I have submitted certificates as required to Executive engineer

(Monitoring) at the time of registration of my firm/company and there is nochange in the

contents of the certificates that are submitted at the time of registration.

2. I declare that I _ in capacity as Manager/Director/Partners/Proprietors of

has not been charged with any prohibitory and /or penal action such as banning(for
specific time or permanent)/de-registration or any other action under the law by any Government
and/or Semi Government and/or Government undertaking.

3. I declare that I have perused and examined the tender document including addendum, condition
of contract, specifications, drawings, bill of quantity etc. forming part of tender and accordingly, I
submit my offer to execute the work as per tender documents at the rates quoted by me in capacity
as of .

4.I further declare that if I am allotted the work and I failed to carry out the allotted work in accord-
ance with the terms and conditions and within the time prescribed and specified, BMC is entitled to
carry out the work allotted to me by any other means at my risk and cost, at any stage of the con-
tract.

5. I also declare that I will not claim any charge/damages/compensation for non availability of site
for the contract work at any time.

6. I declare that I will positively make the arrangements of the required equipment on the day of
commencement or with respect to the progress of the work in phases, as per the instruc-tions of
site in charge

Signature of Tenderer/Bidder
 BANKERS GURANTEE IN LIEU OF CONTRACT DEPOSIT

THIS INDENTURE made this day of BETWEEN

THE BANK incorporated under the English/Indian Companies Acts and

carrying on business in Mumbai (hereinafter referred to as 'the bank' which expression shall be
deemed to include its successors and assigns)of the first part

inhabitants carrying on business at _ in Mumbai under the

style and name of Messer’s (hereinafter referred to as 'the consultant') of the
second part Shri.

THE MUNICIPAL COMMISSIONER FOR GREATER MUMBAI (hereinafter referred to as 'the

commissioner' which expression shall be deemed, also to include his successor or successors for the
time being in the said office of Municipal Commissioner ) of the third part and THE
BRIHANMUMBAI MUNICIPAL CORPORATION(hereinafter referred to as 'the Corporation') of
the fourth part WHEREAS the consultants have submitted to the Commissioner tender for the
execution of the work of
'' and the terms of such
tender /contract require that the consultants shall deposit with the Commissioner as/contract
deposit/ earnest money and /or the security a sum of Rs. (Rupees
)AND WHEREAS if and when any such tender is accepted by the
Commissioner, the contract to be entered into in furtherance thereof by the consultants will provide
that such deposit shall remain with and be appropriated by the Commissioner towards the Security
- deposit to be taken under the contract and be redeemable by the consultants, if they shall duly and
faithfully carry out the terms and provisions of such contract and shall duly satisfy all claims
properly chargeable against them there under AND WHEREAS the consultants are constituents of
the Bank and in order to facilitate the keeping of the accounts of the consultants, the Bank with the
consent and concurrence of the consultants has requested the Commissioner to accept the
undertaking of the Bank hereinafter contained, in place of the contractors depositing with the
Commissioner the said sum as earnest money and /or security as aforesaid AND WHEREAS
accordingly the Commissioner has agreed to accept such undertaking NOW THIS AGRREMENT
WITHNESSES that in consideration of the premises, the Bank at the request of the consultants (
hereby testified ) UNDERTAKES WITH the commissioner to pay to the commissioner upon
demand in writing , whenever required by him , from time to time , so to do ,a sum not exceeding
in the whole Rs. (Rupees )under the terms of the said tender
and /or the contract .The B.G. Is valid upto ”Notwithstanding anything what has been
stated above, our liability under the above guarantee is restricted to Rs. only and
guarantee shall remain in force upto unless the demand or claim under this
guarantee is made on us in writing on or before all your right under the above
guarantee shall be forfeited and we shall be released from all liabilities under the guarantee
thereafter”

IN WITNESS WHEREOF

WITNESS(1)

Name and

address

WITNESS(2)

Name and the duly constituted Attorney Manager

address

the Bank and the said Messer’s

(Name of the Bank)

WITNESS(1)

Name and

address

WITNESS(2)

Name and

For Messer’s Contractor’s Signature

address

have here into set their respective hands the day and year first above written.

The amount shall be inserted by the Guarantor, representing the Contract Deposit in Indian
Rupees.
 Annexure- D
Rate Analysis

Item Desciption

Sr.No. Description of rate analysis Unit Quantity Rate Amount

parameters

1 Basic Material (Rate should be

inclusive of all taxes)

2 Machinery Hire Charges

3 Labour Type (labour

components)

4 Total of all components

5 Overhead &Proffit 15% on 4

6 Total Rate (4+5)

7 Per unit rate

Sign & Seal of the Tenderer

 PROFORMAS:

PROFORMA- I
The list of similar works as stated in para ‘A’ of Post qualification during lastfive years–
PROFORMA- I

Actual Actual Cost of

Stipulated Actual date
Name of the Name of the Cost of work at compound
Sr.No. Date of of
Project Employer Work rate of 10% per
Completion Completion
Done annum

1 2 3 4 5 6 7

NOTE:
j. Scanned Attested copies of completion/performance certificates from the Engineer-in-Charge for
each work should be annexed in the support of information furnished in the above proforma.
k. Works shall be grouped financial year-wise.

PROFORMA- II
Yearly turnover of the Works during the last five years.

PROFORMA- II

Annual Turnoverof Updated

Average of Page
Sr.No. Financial year the Works value to
last 5years No.
current year

Total

NOTE: The above figures shall tally with the audited balance sheets uploadedby the tenderers duly
certified by Chartered Accountant.
 PROFORMA- III
Atleast similar work, as stated in para ‘A’ of Post qualification,.

PROFORMA- III

Name Name of Cost ofthe Date of is- Stipulated Actual Actual Remarks
of the the Em- Pro-ject sue of work Date of Date of cost of explaining
Project ployer Order Comple- Comple- work reasons for
tion tion done delay, if
any

1 2 3 4 5 6 7 8

Note: Scanned Attested copies of completion/performance certificates from the En- gineer-in-charge for
each work should be annexed in support of information furnished in the above proforma.

PROFORMA - VI / A
Details of Existing Commitments and ongoing works –

PROFORMA - VI / A

Name & Scheduled Anticipated

Contract Value of Value of Work
Descriptionof Address of date of
Place No. & Contract remaining to be Date of
Work Employer Completion
Date (in Rs.) completed Completion

1 2 3 4 5 6 7 8

Note: Scanned Attested copies of completion/performance certificates from the En- gineer-in-Charge for
each work should be annexed in the support of informa- tion furnished in the above proforma.

PROFORMA - VI / B
Details of works for which bids are already uploaded –

PROFORMA - VI / B

Name & Ad- Value of Date on which Remarks

Descriptionof Place dresses of Contract Time Pe- decision is ex-
work employee in Rs. riod pected

1 2 3 4 5 6 7

Note: Scanned Attested copies of certificates from the Engineer-in-charge for eachwork shall be annexed.
 PROFORMA – VII (Equipment Capability)
I, of , do here by declaredand undertake as under.

1. Sufficient manpower and machinery would be utilised for timely delivery of the genuine material as per
technical specification to the designated delivery address or as directed by MCGM and under no
circumstance any claim would be made regarding insufficient manpower and machinery during
currency of the contract.
 PROFORMA – VIII
(Technical Sheet to be filled by the tenderer for vehicle).

Sr. No Technical details Tenderers detailed comments

1 Type of Ambulance
2 Category of Vehicle
3 Type of Fuel
4 Vehicle Emission Compliance
5 Air Conditioning
6 Engine BHP
7 Engine Torque Max (N-m)
8 Type of Vehicle Body
Ground Clearance(road Clearance from
9
floor)
10 Wheel Base
11 Gross Vehicle Weight
12 Type of Tyre and Tube
13 Size Of Tyre
14 No. of Gears
15 Drive Axle
16 Type of Steering
17 Turning Radius
18 Patient Compartment
19 Overall Length of Patient Compartment
20 Overall Width of Patient Compartment
21 Construction of Patient Compartment
22 Interior Panel of side body
Openings (Doors, Windows, Emergency
23
Exits)
24 Number of stretcher
Min Number of Patient and Attendant
25
Seats
Main Equipments
26 PROVISION FOR MEDICAL DEVICES
27 Type of Patient Handling Equipment
28 Ambulance Features
Other Requirement
Additional Features for COVID 19
29
Ambulance
30 Warranty Time
31 No Of Free Service during warranty