View Tender Document - e-Tendering

ºÉiªÉ¨Éä´É VɪÉiÉäREGIONAL ELECTRICAL CIRCLEPUBLIC WORKS DEPARTMENTAURANGABADELECTRICAL DIVISIONOSMANABADE-TENDER NOTICE NO.04/2013-2014 PWD/ELECT/OSD: Name of work :1/2 Est.No. 124/2013-14 Providing APFC Panel (800KVAR x 2 Nos) at Dr. Shankarrao Chavan Govt.Medical College Vishnupuri Tq. Dist. Nanded.Estimated Amount : Rs. 27,80,248.00E.M.D. : Rs. 27,900.00http://pwd.maharashtra.etenders.inOffice of the,Executive Engineer,Public Work Electrical Division,Osmanabad.

INDEXName Of Work :- Est.No. 124/2013-14 Providing APFC Panel (800KVAR x 2 Nos) at Dr. Shankarrao Chavan Govt.Medical College Vishnupuri Tq. Dist. Nanded.Page Nos.Sr.no. BRIEF DESCRIPTION OF CONTENTSFrom To1 BRIEF TENDER NOTICE 1 22 AGGRIMENT FORM B-1 3 53 DETAILED TENDER NOTICE TO CONTRACTOR 6 244 AGREEMENT FORM B-1 25 605 PRICE VARIATION CLAUSE 61 636 AFFIDAVIT 64 647 STATEMENTS 65 688 SCHEDULE ‘A’ 69 709 SCHEDULE ‘B’ 71 7210 APPROVED MATERIAL LIST 73 7311 PERFORMANCE BANK GUARANTEE 74 7712 DECLARATION OF THE CONTRACTOR 78 7813 DRAWINGS 79 79

1E-TENDER NOTICE NO.04/2013-2014 PWD/ELECT/OSDPUBLIC WORKS DEPARTMENTOnline Tenders (e-tender) in B-1 form for the following work are invited bythe Executive Engineer, Public Works Electrical Division, PWD Premises,Osmanabad Phone No. (02472)225302. E-mail elosmanabad.ee@mahapwd.comOn Government of Maharashtra Electronic Tender Management Systemhttp://maharashtra.etenders.inSYSTEM TENDER NO. ___ NIT NO. _______ dated ________ (Online)Sr.No.The details can be viewed and downloaded online directly from the Government ofMaharashtra e-Tendering Portal http://maharashtra.etenders.in on Sub Portal ofPublic Works Department http://pwd.maharashtra.etenders.in from 22/07/201310.01 to 05/08/2013 17.30 hoursName of workEstimatedcost in (Rs.)SystemGeneratedTenderTime limitforcompletion(Months)EarnestMoney in(Rs.)Cost ofBlanktenderform(Rs.)1 2 3 4 5 6 7 81/1 Est.No. 123/2013-14 ProvidingD.G. Set 500 KVA to DistrictPlanning Office Building atCollector Office PremisesNanded Tq. Dist. NandedClassofRegistration40,10,362/- 90 Days 40,200/- 1000/- Class-A1/2 Est.No. 124/2013-14 ProvidingAPFC Panel (800 KVAR x 2Nos) at Dr. ShankarraoChavan Govt. Medical CollegeVishnupuri Tq. Dist. Nanded27,80,248/- 90 Days 27,900/- 1000/- Class-AFor more details on the tender and bidding process you may please visit the above mentionedportal. Submission of original EMD or exemption certificate for payment of earnest money dulyattested by Gazzetted officer, P.W. Department, D.D. of tender fees and affidavit by Registerednotary on stamp paper worth rupees 100/-. (Before one day opening of envelope No.1.) on date08/08/2013 up to 17.30 hoursNOTE :1. All eligible/interested contractors are mandated to get enrolled on e-Tendering portal(http://maharashtra.etenders.in)2. To process the tenders online, to encrypt their bid and to sign the bid hashes, biddersare required to obtain digital certificate. For details bidders be contact Help Desk.3. Contractors can contact Help Desk for any clarification of their doubts regarding theprocess of Electronic Tendering System. Help Desk at through Email IDsupport.gom@nextenders.com or Phone No. 02025315555/56.Executive Engineer,Public Work Elect. Division, Osmanabad.

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4GOVERNMENT OF MAHARASHTRAPUBLIC WORKS DEPARTMENTORIGINAL AGREEMENT NO. B-1NAME OF WORK : Est.No. 124/2013-14 Providing APFC Panel (800 KVARx 2 Nos) at Dr. Shankarrao Chavan Govt. MedicalCollege Vishnupuri Tq. Dist. Nanded.1) Name of Contractor. :2) Date of receipt of Tender. :3) No. & Date of Work Order. :4) Amount put to Tender. : Rs. 27,80,248/-5) Percentage quoted. :6) Amount of Contract. :7) Date of Commencement. :8) Time stipulated for completion : 90 Daysof work.9) Date of completion as per :Agreement10) Actual date of completion. :11) Reference to sanction of : 1) _______________________Extension of time2) _______________________3) _______________________Certified that this original agreement containsPages 1 to ________Fly leaves _________ Nos.Drawings _________ Nos.

5NAME OF WORK : Est.No. 124/2013-14 Providing APFC Panel (800 KVARx 2 Nos) at Dr. Shankarrao Chavan Govt. MedicalCollege Vishnupuri Tq. Dist. Nanded.Estimated cost put to tender : Rs. 27,80,248/-Earnest money : Rs. 27,900/-Period of completion of work : 90 DaysClass of Contractor: Class-AE-TENDER TIME SCHEDULESr.NoStageStart from Expiry (To)Date Time Date Time1 Tender Release 19.07.2013 11:00 22.07.2013 10:002 Tender download 22.07.2013 10:01 05.08.2013 17:303 Bid preparation 22.07.2013 10:01 05.08.2013 17:304 Close for Technical Bid 05.08.2013 17:31 06.08.2013 17:305 Close for Price Bid 05.08.2013 17:31 06.08.2013 17:306 Bid Submission 06.08.2013 17:31 12.08.2013 14:007 Submission of certificate of exemptionfor payment of earnest money dulyattested by gazzatted officer P.W.D.,EMD/ DD of tender fee and otherdocuments (Before 1 day opening ofEnvelope No.1)8 Envelope No.1 Opening (TechnicalEnvelope)9 Envelope No.2 Opening (CommercialEnvelope)08.08.2013 10:30 08.08.2013 17:3012.08.2013 14:01 20.08.2013 17:3012.08.2013 14:01 20.08.2013 17:3010 Tender Award 20.08.2013 17:31 23.08.2013 17:30

6GOVERNMENT OF MAHARASHTRAPUBLIC WORKS DEPARTMENTINVITATION FOR TENDERSDETAILED TENDER NOTICENAME OF WORK : Est.No. 124/2013-14 Providing APFC Panel (800 KVARx 2 Nos) at Dr. Shankarrao Chavan Govt. MedicalCollege Vishnupuri Tq. Dist. Nanded.Online percentage rate tenders in ‘B-1’ Forms are invited by the ExecutiveEngineer, Public Works Electrical Division, Osmanabad for the followingwork from Contractors registered in appropriate class of Public Works Departmentin Maharashtra State. The name of work, estimated cost, earnest money, securitydeposit, time limit for completion etc. are as under :Sr.N Name of workEstimated Earnest Security Class of Time limito.cost in (Rs.) Money in(Rs.)Deposit(Rs)Contract forcompletion1 2 3 4 5 6 71Est.No. 124/2013-14 27,80,248/- 27,900/- 1,11,600/- Class-A 90 DaysProviding APFC Panel(800 KVAR x 2 Nos) at Dr.Shankarrao Chavan Govt.Medical College VishnupuriTq. Dist. Nanded.Tender form, conditions of contract, specifications and contract drawings can bedownloaded from the e-tendering portal of Public Works Department, Governmentof Maharashtra i.e. http://pwd.maharashtra.etenders.in after entering the detailspayment of Rs. 1,000/- ( Rupees One thousand only ) in the form of DD/ Pay Orderof Scheduled or Nationalised Bank in favour of Executive Engineer, Public WorksElectrical Division, Osmanabad as per the Tender schedule. Further informationregarding the work can be obtained from the above office.The Tender Fee in the form of DD / Pay Order, Drawn in the name of ExecutiveEngineer, Public Works Electrical Division, Osmanabad, Attested EMDExemption certificate, by Gazzitted officer P.W.D. and Registered NotarizedAffidavit on stamp paper worth rupees 100/- in original should be submitted byRegistered Post/Courier service only in sealed covers addressed to the

7Supertending Engineer, Reginal Electrical Circle, P.W. Department Aurangabad withthe name of the work written at the top of the envelope will be received in theoffice of the Supertending Engineer, Reginal Electrical Circle, P.W. DepartmentAurangabad. Phone:(0240) 2487046,) as per the Tender Schedule. Scouting ofabove documents Bids will be opened as per the Tender Schedule, in the presenceof such intending Tenderers or his/ their authorized representatives who may bepresent at that time.TENDERING PROCEDURE: -1.1 A. Blank Tender Forms.Tender Forms can be downloaded from the e-tendering Portal of PublicWorks Department, Government of Maharashtra i.e.http://pwd.maharashtra.etenders.in after entering the details of paymenttowards Tender Fees as per the Tender Schedule.1.2.1 Tenderers should have valid Class Digital Signature Certificate (DSC)obtained from any Certifying Authorities. In case of requirement of DSC,interested Bidders should go tohttp://maharashtra.etenders.in/mah/DigitalCerti.asp and follow the procedurementioned in the document ‘Procedure for application of Digital Certificate’.1.2.2 The Tenderers have to make a payment of Rs 1038/- online as servicecharges for the use of Electronic Tendering during Online Bid DataDecryption and Re-encryption stage of the Tender.1.2.3 For any assistance on the use of Electronic Tendering System, the Usersmay call the below numbers:Landline No. - 020 - 2531 5555 / 56Mobile No. - 91679 69601 / 04 / 141.2.4 Tenderers should install the Mandatory Components available on the HomePage of http://maharashtra.etenders.in under the section ‘MandatoryComponents’ and make the necessary Browser Settings provided undersection ‘Internet Explorer Settings’1.3 Guidelines to Bidders on the operations of Electronic TenderingSystem of Public Works Department. http://pwd.maharashtra.etenders.inA. Pre-requisites to participate in the Tenders processed by PWD:

81. Enrolment and Empanelment of Contractors on Electronic TenderingSystem:The Contractors interested in participating in the Tenders of Public WorksDepartment –processed using the Electronic Tendering System shall berequired to enroll on the Electronic Tendering System to obtain User ID.After submission of application for enrolment on the System, the applicationinformation shall be verified by the Authorized Representative of the ServiceProvider. If the information is found to be complete, the enrolment submittedby the Vendor shall be approved.For participating in Limited and Restricted tenders the registered vendorshave to apply for empanelment on the sub-portal of PWD in an appropriateclass of registration. The empanelment will have to be approved by therespective officer from the PWD. Only empanelled vendors will be allowed toparticipate in such tenders.The Contractors may obtain the necessary information on the process ofenrolment and empanelment either from Helpdesk Support Team or mayvisit the information published under the link Enroll under the section E-Tendering Toolkit for Bidders on the Home Page of the Electronic TenderingSystem.2. Obtaining a Digital Certificate:The Bid Data that is prepared online is required to be encrypted and thehash value of the Bid Data is required to be signed electronically using aDigital Certificate. This is required to maintain the security of the Bid Dataand also to establish the identity of the Contractor transacting on theSystem.The Digital Certificates are issued by an approved Certifying Authorityauthorized by the Controller of Certifying Authorities of Government of India

9through their Authorized Representatives upon receipt of documentsrequired to obtain a Digital Certificate.Bid data / information for a particular Tender may be submitted only usingthe Digital Certificate which is used to encrypt the data / information and signthe hash value during the Bid Preparation and Hash Submission stage. Incase during the process of preparing and submitting a Bid for a particularTender, the Contractor loses his/her Digital Signature Certificate (i.e. due tovirus attack, hardware problem, operating system problem); he / she may notbe able to submit the Bid online. Hence, the Users are advised to store his /her Digital Certificate securely and if possible, keep a backup at safe placeunder adequate security to be used in case of need.In case of online tendering, if the Digital Certificate issued to an AuthorizedUser of a Partnership Firm is used for signing and submitting a bid, it will beconsidered equivalent to a no objection certificate / power of attorney to thatUser to submit the bid on behalf of the Partnership Firm. The PartnershipFirm has to authorize a specific individual via an authorization certificatesigned by a partner of the firm (and in case the applicant is a partner,another partner in the same form is required to authorize) to use the digitalcertificate as per Indian Information Technology Act, 2000.Unless the Digital Certificate is revoked, it will be assumed to representadequate authority of the Authority User to bid on behalf of the Firm for theTenders processed on the Electronic Tender Management System ofGovernment of Maharashtra as per Indian Information Technology Act,2000. The Digital Signature of this Authorized User will be binding on theFirm. It shall be the responsibility of Partners of the Firm to inform theCertifying Authority or Sub Certifying Authority, if the Authorized Userchanges, and apply for a fresh Digital Signature Certificate. The procedurefor application of a Digital Signature Certificate will remain the same for thenew Authorized User.

10The same procedure holds true for the Authorized Users in a Private / PublicLimited Company. In this case, the Authorization Certificate will have to besigned by the Director of the Company or the Reporting Authority of theApplicant.For information on the process of application for obtaining Digital Certificate,the Contractors may visit the section Digital Certificate on the Home Page ofthe Electronic Tendering System.3. Recommended Hardware and Internet Connectivity:To operate on the Electronic Tendering System, the Contractors arerecommended to use Computer System with at least 1 GB of RAM andbroadband connectivity with minimum 512 kbps bandwidth.4. Set up of Computer System for executing the operations on theElectronic Tendering System:To operate on the Electronic Tendering System of Government ofMaharashtra, the Computer System of the Contractors is required be set up.The Contractors are required to install Utilities available under the sectionMandatory Installation Components on the Home Page of the System.The Utilities are available for download freely from the above mentionedsection. The Contractors are requested to refer to the E-Tendering Toolkit forBidders available online on the Home Page to understand the process ofsetting up the System, or alternatively, contact the Helpdesk Support Teamon information / guidance on the process of setting up the System.5. Payment for Service Provider Fees:In addition to the Tender Document Fees payable to Public WorksDepartment, Government of Maharashtra, the Contractors will have to payService Providers Fees of Rs. 1,038/- through online payments gatewayservice available on Electronic Tendering System. For the list of options formaking online payments, the Contractors are advised to visit the link E-

11Payment Options under the section E-Tendering Toolkit for Bidders on theHome Page of the Electronic Tendering SystemB. Steps to be followed by Contractors to participate in the e-Tendersprocessed by PWD1. Preparation of online Briefcase:All Contractors enrolled on the Electronic Tendering System of Governmentof Maharashtra are provided with dedicated briefcase facility to storedocuments / files in digital format. The Contractors can use the onlinebriefcase to store their scanned copies of frequently used documents / filesto be submitted as a part of their bid response. The Contractors are advisedto store the relevant documents in the briefcase before starting the BidPreparation and Hash Submission stage.In case, the Contractors have multiple documents under the same type (e.g.multiple Work Completion Certificates) as mentioned above, the Contractorsadvised to either create a single .PDF file of all the documents of same typeor compress the documents in a single compressed file in .zip or .rareformats and upload the same.It is mandatory to upload the documents using the briefcase facility.Therefore, the Contractors are advised to keep the documents ready in thebriefcase to ensure timely bid preparation.Note: Uploading of documents in the briefcase does not mean that thedocuments are available to PWD at the time of Tender Opening stage unlessthe documents are specifically attached to the bid during the online BidPreparation and Hash Submission stage as well as during Decryption andRe-encryption stage.2. Online viewing of Detailed Notice Inviting Tenders:The Contractors can view the Detailed Tender Notice along with the TimeSchedule (Key Dates) for all the Live Tenders released by PWD on the

12home page of PWD e-Tendering Portal onhttp://pwd.maharashtra.etenders.in under the section Recent Online Tender.3. Download of Tender Documents:The Pre-qualification / Main Bidding Documents are available for freedownloading. However to participate in the online tender, the bidder mustpurchase the bidding documents online by filling up details of DemandDraft towards the cost of Tender Form Fee4. Online Bid Preparation and Submission of Bid Hash (Seal) ofBids:Submission of Bids will be preceded by online bid preparation andsubmission of the digitally signed Bid Hashes (Seals) within the Tender TimeSchedule (Key Dates) published in the Detailed Notice Inviting Tender. TheBid Data is to be prepared in the templates provided by the TenderingAuthority of PWD. The templates may be either form based, extensibletables and / or unloadable documents. In the form based type of templatesand extensible table type of templates, the Contractors are required to enterthe data and encrypt the data using the Digital Certificate.In the upload able document type of templates, the Contractors are requiredto select the relevant document / compressed file (containing multipledocuments) already uploaded in the briefcase.Notes:a. The Contractors upload a single document or a compressed filecontaining multiple documents against each unloadable option.b. The Hashes are the thumbprint of electronic data and are based onone – way algorithm. The Hashes establish the unique identity of BidData.c. The bid hash values are digitally signed using valid Class DigitalCertificate issued any Certifying Authority. The Contractors arerequired to obtain Digital Certificate in advance.

13d. After the hash value of bid data is generated, the Contractors cannotmake any change / addition in its bid data. The bidder may modifybids before the deadline for Bid Preparation and Hash Submissionas per Time Schedule mentioned in the Tender documents.e. This stage will be applicable during both, Pre-bid / Pre-qualificationand Financial Bidding Processes.5. Close for Bidding (Generation of Super Hash Values):After the expiry of the cut – off time of Bid Preparation and Hash Submissionstage to be completed by the Contractors has lapsed, the Tender will beclosed by the Tender Authority.The Tender Authority from PWD shall generate and digitally sign the SuperHash values (Seals).6. Decryption and Re-encryption of Bids (submitting the Bidsonline):After the time for generation of Super Hash values by the Tender Authorityfrom PWD has lapsed, the Contractors have to make the online payment ofRs. 1,038/- towards the fees of the Service Provider.After making online payment towards Fees of Service Provider, theContractors are required to decrypt their bid data using their DigitalCertificate and immediately re-encrypt their bid data using the Public Key ofthe Tendering Authority. The Public Key of the Tendering Authority isattached to the Tender during the Close for Bidding stage.Note: The details of the Processing Fees shall be verified and matchedduring the Technical Opening stage.At this time, the Contractors are also required to upload the files for whichthey generated the Hash values during the Bid Preparation and HashSubmission stage.

14The Bid Data and Documents of only those Contractors who have submittedtheir Bid Hashes (Seals) within the stipulated time (as per the Tender TimeSchedule), will be available for decryption and re-encryption and to uploadthe relevant documents from Briefcase. A Contractor who has not submittedhis Bid Preparation and Hash Submission stage within the stipulated timewill not be allowed to decrypt / re-encrypt the Bid data / submit documentsduring the stage of Decryption and Re-encryption of Bids (submitting theBids online).7. Short listing of Contractors for Financial Bidding Process:The Tendering Authority will first open the Technical Bid documents of allContractors and after scrutinizing these documents will shortlist theContractors who are eligible for Financial Bidding Process. The short listedContractors will be intimated by email.8. Opening of the Financial Bids:The Contractors may remain present in the Office of the Tender OpeningAuthority at the time of opening of Financial Bids. However, the results of theFinancial Bids of all Contractors shall be available on the PWD e-TenderingPortal immediately after the completion of opening process.9. Tender Schedule (Key Dates):The Contractors are strictly advised to follow the Dates and Times allocatedto each stage under the column “Contractor Stage” as indicated in the TimeSchedule in the Detailed Tender Notice for the Tender. All the onlineactivities are time tracked and the Electronic Tendering System enforcestime-locks that ensure that no activity or transaction can take place outsidethe Start and End Dates and Time of the stage as defined in the TenderSchedule.At the sole discretion of the Tender Authority, the time schedule of theTender stages may be extended

2 Joint venture is not allowed.153. EARNEST MONEY AND SECURITY DEPOSIT.Scanned copy Earnest Money Deposit (E.M.D.) which should be paid byTreasury Challan in any Government Treasury/ Sub-Treasury/ State Bank ofIndia/ Hyderabad/ Reserve Bank of India and the receipted Challan attachedor Term Deposit Receipt for a period of one year issued by any scheduledBank in favour of Executive Engineer, Public Works Electrical Division,Osmanabad separately for each work. When the amount is remitted throughTreasury Challan it should be credited under head “ 8782-CashRemittance – I ” Remittances into Treasury” in favour of the ExecutiveEngineer, Public Works Electrical Division, Osmanabad. and describedas earnest money for the work for which the tender is given. (to be submittedas per the tender schedule)4.1 The tenderers who are exempted from payment of earnest money depositshould attach an attested copy of valid exemption certificate fromGovernment of Maharashtra regarding its exemption duly attested by aGazetted Officer P.W.D. Department.4.2 Earnest money in any other form or cash or cheque will not be accepted.4.3 The amount of earnest money will be forfeited, in case a successfulcontractor does not pay the amount of initial security deposit within the timespecified as stipulated by the Executive Engineer, and complete the contractdocuments. In all other cases, earnest money will be refundable.4.4 SECURITY DEPOSITThe total Security Deposit to be paid shall be 4 % ( Four percent )(Rs. 1,11,600/- ) of amount put to tenderThe successful tenderer shall have to pay, half of the Security Depositpreferably Scheduled Bank in favour of Executive Engineer, Public WorksElectrical Division, Osmanabad. within 10 days of acceptance of tender,and the balance security deposit will be recovered from running account billsat the percentage as shown in item (d) of the memorandum in printed B-1form or as may be decided by the Executive Engineer during course of

16execution of the work looking to the position and circumstances that mayprevail, whose orders will be final and binding on the contractor.The Security deposit for the due performance of the contract shall beas detailed in the tender documents elsewhere. Fifty percent of the Securitydeposit will have to deposited within ten days of the acceptance of thetender and the remaining fifty percent will be recovered from the running billsas the rate as specified in the tender form on the cost of work as per CSRprevailing at the time of acceptance of tender. Amount of total securitydeposit to be paid shall be 4 % ( Four Percent ) of the cost of work workedout as per D.S.R. 2012-2013 .Initial Security Deposit may be in F.D.R. form in format of Tenderdocument for full period of completion of work and it should be extendableupto expiry of valid extension if any, as directed by Engineer-in-charge.4.5 Condition for Payment of performance security deposit if the offer isreceived lower than 15% below.In case the tenderer offers the rates lower than 15 % below the estimatedcost put to tender, in that case, the tenderer will have to pay additionalSecurity deposit along with the initial Security deposit, for performance ofwork. The amount of additional security deposit shall be 10% of differenceamount exceeding 15 % below offer, in the form of demand draft or interestbearing securities pledged in favour of the Executive Engineer, PublicWorks Electrical Division, Osmanabad or in the form of Bank Guaranteefor full period of completion of work and it should be extendable up to expiryof valid extension if any as directed by Engineer in charge, failing to whichsuch tender will be considered as withdrawn and the earnest money shall beforfeited to Government. This additional Security deposit shall be refundableafter satisfactorily completion of work.4.6 In the event of failure of the tenderer to pay cash security deposit within 10days (unless extended in writing by the Executive Engineer,) from the date ofreceipt of notice (sent by Registered Post) of acceptance of his tender, theamount of earnest money shall be forfeited to Government and theacceptance of his tender, shall be considered withdrawn. Except that in theevent of the notice of acceptance of the tender not being issued within 120

17days of the date of opening of Envelope No.2 (financial bid). The tenderershall have the option (to be intimated in writing in good time before the expiryof 120 days period) of withdrawing his tender, in which case the earnestmoney should be refunded in full. All the tenders shall remain open foracceptance for 120 days from the date fixed for opening of envelope No.2.(financial bid) and thereafter until it is withdrawn by the tenderer by notice inwriting as per condition No. 2 of the Memorandum.4.7 Earnest money of the unsuccessful Tenderers will be refunded on theirapplication only after an intimation of rejection of their tender is sent tothem or on the expiry of the validity period whichever is earlier.5. The acceptance of the tender may be intimated to the contractortelegraphically or otherwise and either by the officer competent to accept thetender or any authority in the department including Government and suchintimation shall be deemed to be an intimation of acceptance of the tendergiven by the authority competent to accept the tender.6. In case there is difference between amount written in figures and words, theLower offer will be taken as Final.7. Income TaxThe Income Tax @ 2.00 % and surcharge thereon or at the rates amended fromtime to time or as intimated by the competent Income Tax authority shall bededucted from bill amount, whether measured bill, advance payment or securedadvance.7.1. VAT TaxValue Added Tax @ 2.00 % of the contract amount will be recovered from the bill ofthe contractors who are registered under Maharashtra Value Added Tax Act 2005and 5% of the contract amount will be recovered from the contractors bill amountwho are not registered under Maharashtra Value Added Tax Act 2005.7.2. INSURANCEAs per the Govt. Resolution No. FD/Insurance-1098/Case No.28/98, dated 19-08-1998 and Director of Insurance Maharashtra, Mumbai letter dated 26-04-2005Contractor has to submit Govt. Insurance policy before starting the work, failingwhich an amount equivalent to one percent (1%) of the tendered cost will berecovered from the First Running Account bill of this work.8. TENDERING PROCEDURE

188.1 The tender shall be unconditional, conditional tender shall be summarilyrejected.8.2 EXAMINATION OF DRAWING AND SITE CONDITIONS :The tenderers shall in his own interest carefully examine the drawings,conditions of contract and specifications etc. He shall also inspect the siteand acquaint himself about the climate, physical and all weather conditionsprevailing at site, the nature magnitude, special features, practicability of theworks. All existing and required means of communications and access tosite, availability of housing and other facilities, the availability of labour andmaterials, labor camp site, stores, god own etc. He shall obtain all necessaryinformation as to the risk, contingencies and other circumstances which mayaffect and influence the tender. No claims on any of the above or any otherfactors will be entertained by the Government. should there be anydiscrepancy or doubt or obscurity to be observed by him, he shall set forth inwriting such discrepancies, doubts, obscurity and submit the same to theExecutive Engineer, Public Works Electrical Division, Osmanabad. forelucidation as soon as possible.8.3 Manner of Submission of Tender and its Accompaniments :8.4 (A) ENVELOPE NO. 1 : ( DOCUMENTS )The first envelope “Envelope No.1” shall contain the following documents.1. Forwarding letter clearly indicating the documents attachedTherein with index page denoting the documents attached and their pagenumber.2. Scanned copy of Government Treasury Challan or Terms Deposit Receiptvalid for a period of one year from any Scheduled Bank for the amount ofEarnest Money, or valid certificate of exemption from payment of EarnestMoney, as per revised rules for registration of contractors vide Govt.resolution CAT-1096/CR/172/Bldg-2, dated. 20/4/1998 if applicable. (True

19Copy thereof duly attested by a Gazzetted Officer P.W. Department.). to besubmitted as per the tender Schedule )3. Scanned copy of Certificate as a registered contractor with the P.W.D.Government of Maharashtra in A Class as may be case may be applicablevalid on the date of submission document duly attested by gazzitted officerP.W.D. Department.4. Scanned copy of valid certificate of Electrical Contractor's License true copythereof duly attested by Gazzetted officer P.W.D. Department.5. Scanned copy of Valid VAT registration certificate with up-to date clearanceduly attested by Gazzetted officer P.W. Department. under MaharashtraValue Added Tax Act 2005 under Rule No. 8 & 9./ or TIN number issued bycompetent authority. This certificate should be valid on the date of tenderopening.6. Scanned copy of the List of Machinery with the tenderer for use on thiswork and list of machinery proposed to be utilized on this work.7. Scanned copy of details of Technical personnel on the rolls of thetenderers. duly attested by Gazzetted officer P.W. Department.(Note :- Recent copy of muster should be attached in support)8. Scanned copy of details of one work of similar type H.T./L.T. overhead lineonly and 30% (08.35 Lakh) magnitude carried out by the contractor duringlast three years i.e. 2010-2011, 2011-2012, 2012-2013.9. Scanned copy Details of all types of works executed in the last three yearsThe certificate should be signed by the authority with whom the contractorhas executed the work.10. Scanned copy Details of the other works tendered for and in hand with thevalue of unfinished works on the last date of submission of the tender11. Scanned copy of partnership deed and Power or Attorney, in case of a Firm,tendering for work. ( True copy duly attested by a GazettedOfficer).

2012. Scanned copy of Valid Professional Tax Registration Certificate in the form ofPTR and PTE under section (1) of section 5 of Maharashtra State Tax onProfession, Trade callings and Employment Act 1975, Rule 3 (2) foremployees including technical personnel from the Professional Tax office ofthe concerned District of Maharashtra with its latest valid clearancecertificate. “No dues Clearance certificate” from competent authority shouldbe submitted duly attested by gazzetted officer P.W.D.13. Scanned copy The document (audited balance sheet or certificate of C.A.)showing average annual turnover of Minimum 75% (20.85 Lakh) value ofwork in last three years duly attested by Gazzetted officer P.W.Department..14 Scanned copy Valid solvency Certificate in duly attested by Gazzettedofficer P.W. Department. of 20% (05.60 Lakh) of the tendered cost from theScheduled Bank. i.e. issued not earlier than 12 months on the date ofopening.Even though the bidder meet the above requirement criteria, they are subject to bedisqualified if they have made -‣ misleading or false representation in the forms, statements and attachmentsubmitted in proof of the qualification, requirement; and / or‣ record of poor performance such as abandoning the works, not properlycompleting the contract, inordinate delays in completion litigation history orfinancial failure etc.8.4 (B) ENVELOPE NO. 2: TENDER: ( Financial Bid )Refer to Section Schedule of online tendering procedure at Sr. No.1.38.4(C) SUBMISSION OF TENDER :Refer to Section ‘Guidelines to Bidders on the operations of ElectronicTendering System of Public Works Department’ for details.8.4(D) OPENING OF TENDERS :

21On the date specified in the Tender Schedule, following procedure will be adoptedfor opening of the tender :1) ENVELOPE NO.1 : (Documents)First of all Envelope No. 1 of the tender will be opened online to verify itscontents as per requirements. If the various documents contained in thisenvelope do not meet the requirements of the Department, a note will berecorded accordingly by the tender opening authority and the said tenderer'sEnvelope No.2 (Financial Bid) will not be considered for further action, butthe same will be recorded . The decision of the Tender opening authority inthis regard will be final and binding on the contractor.2) ENVELOPE NO.2 : (FINANCIAL BID)This Envelope shall be open online immediately after opening of EnvelopeNo.1 only if contents of Envelope No. 1 are found to be acceptable to theDepartment and / or fulfill the Qualifying Criteria. The tendered rates,Percentage above or below the estimated rates quoted shall sealed andintimated to contractor through e-mail.8.5. TIME LIMIT :The work is to be completed within time limit as specified in the N.I.T whichshall be reckoned from the date of written order of commencing the work andshall be inclusive of monsoon period.8.6. TENDER RATE :No alteration in the form of tender and the schedule of tender and noaddition in the scope of special stipulation will be permitted. Rates quoted forthe tender shall be taken as applicable to all leads and lifts.8.7. TENDER UNITS :The tenderers should particularly note that the unit mentioned in theSchedule “B” on which the rates are based. No change in the units shall be

22allowed. In the case of difference between the rates written in figures and inwords the correct rate will be one, which is lower of the two.8.8. TENDER ACCEPTANCE :Acceptance of tender will rest with the Chief Engineer,(Electrical) Mumbai.who reserve the right to reject any or all tenders without assigning anyreasons therefore. The tenderer whose tender is accepted will have to enterin to a regular B-1 agreement within 10 days of being notified to do so. Incase failure on the part of Tenderer to sign the agreement within thestipulated time, the earnest money paid by him shall stand forfeited to theGovernment and the offer of the tenderer shall be considered as withdrawnby him.8.9 POWER OF ATTORNEY :If the tenderers are a firm or company, they should in their forwarding lettermentioning the names of all the partners together with the name of personwho holds the power of attorney authorizing him to conduct all transactionson behalf of the body, along with the tender.8.10 The tenderer may in the forwarding letter mention any points he may wish tomake clear but right is reserved to reject the same or the whole of thetenders if the same become conditional tender thereby.8.11 The contractor or the firms tendering for the work shall inform theDepartment if they appoint their authorized Agent on the work.8.12 Any dues arising out of contract will be recovered from the contractor asarrears of land revenue if not paid amicable, moreover, recovery ofGovernment dues from the contractors will be effected from the payment dueto the contractor from any other Government works under execution withthem.8.13 All pages of tender documents, specifications corrections slips etc. shall beinitialed by the tenderer. The tenderer should bear full signature of thetenderer or his authorized power of attorney holder in the case of firm.8.14 VALIDITY PERIOD : The offer shall remain open for acceptance forminimum period of 120 days from the date of opening of Envelope No.2

23(financial bid) and thereafter until it is withdrawn by the contractor by noticein writing duly addressed to the authority. ( refer to memorandum of B-1 formchapter ).9. The contractor will have to sign the original copy of the tender papers andthe drawings according to which the work is to be carried out. The contractorshall also have to give a declaration to the effect that, he has fully studiedthe plans, specifications, local conditions and availability of labor andmaterials and that he has quoted his rates with the consideration to all thesefactors.10. The right is reserved to revise or amend the contract documents prior to thedue notified for the receipt of tenders or extended date. Such deviations,amendments or extensions, if any, shall be communicated in the form ofcorrigendum by letter or / and by notice in News Papers as may beconsidered suitable.11. The tender submitted by the tenderer remain valid for a period of 120 daysfrom the date of opening of envelope No.2 (financial bid). Tenderer also seePara 2 of General Rules etc. of contract form.12. The contractor(s) whose tender is accepted is required to note that noforeign exchange will be released by the Department.13. The Tenderers, which do not fulfill all or any of the conditions or areincomplete in any respect are liable to summarily rejection.14. Right to reject any or all tenders without assigning reason therefor isreserved. The acceptance of the tender lies with the ChiefEngineer,(Electrical) Mumbai.15 The e-tender Notice shall form part of the tender agreement.16 Instruction to Contractor :1 In case the tenderer whose offer is found lowest is requested tonegotiate and reduce the offer, if the contractor does not respondwithin a period of 10 days the tender accepting authority withoutissuing any reminder reserves the right to reject such tender.2 In case the contractor who is informed of acceptance of his tender,does not remit the initial Security Deposit within a period of 10 days,

24the tender accepting authority reserves the right to forfeit the EarnestMoney Deposit without issuing any reminder to take further actionaccording to the tender provision.3 As per Government instruction it is proposed to make payment ofContractors bills through ECS / NEAFT System. For this purposeContractor should open his Bank account in a bank having corebanking facility only.

DEPARTMENT : PUBLIC WORKS DEPARTMENTCIRCLE : REGIONAL ELECTRICAL CIRCLEAURANGABADDIVISION : PUBLIC WORKS ELECTRICAL DIVISIONOSMANABAD25Name Of Work :- Est.No. 124/2013-14 Providing APFC Panel (800KVAR x 2 Nos) at Dr. Shankarrao Chavan Govt.Medical College Vishnupuri Tq. Dist. Nanded.General Rules and directions for the Guidance of contractor’s1) All works proposed to be executed by contract shall be notified in a form ofinvitation to tender pasted on a board hung up in the office of the Executive Engineerand singed by the Executive Engineer.This form will state the work to be carried out as well as the date forsubmitting and opening tenders and the time allowed for carrying out the work alsothe amount of earnest money to be deposited with the tender & the amount ofsecurity deposit to be deposited by the successful tenderer and the percentage, if any,to be deducted from bills. It will also state whether a refund of quarry fees, royalties,dues and ground rents will be granted. Copies of the specifications, designs anddrawings, estimated rates, scheduled rates & any other document required inconnection with the work shall be singed by the Executive Engineer for the purposeof identification and shall also be open for inspection by contractors at the office ofthe Executive Engineer during office hours.Whether the works are proposed to be executed according to the specificationrecommended by a contractor and approved by a competent authority on behalf ofthe Governor of Maharashtra such specification with designs & drawing shall formpart of accepted tender.2) In the event of the tender being submitted by a firm, it must be singned byeach partner there of in the event of the absence of any partner, it shall be signed onhis behalf by a person holding a power of attorney authorising him to do so.2 (A) i The contractor shall pay along with the tender the sum of Rs. 27,900 /- (Rs.Twenty seven Thousand Nine hundred only ) as and by way of earnest money.The contractor pay the said amount by forwarding along with the tender term depositreceipt for a period of one year of any scheduled Bank for the like amount in favourof the Executive Engineer, the said amount of earnest money shall not carry anyinterest what so ever. (Amended wide G.R.B. & C. Department's corrigendum No.CAT-1073/ 16967-D-3 dated 14/5/1976)ii) In the event of his tender being accepted, subject to the provisions of sub clause(iii) below, the said amount of earnest money shall be appropriated towards theamount of security deposit payable by him under conditions of General Conditionsof Contract.

26iii) If, after submitting the tender, the contractor with draws his offer, or modifiesthe same or if after the acceptance of his tender the contractor fails or neglects tofurnish the balance of security deposit without prejudice to any other rights andpowers of the Government, hereunder, or in law, Government shall be entitled toforfeit full amount of the earnest money deposited by him.iv) In the event of his tender not being accepted, the amount of earnest moneydeposited by the contractor shall unless it is prior thereto forfeited under theprovisions of sub clause ( iii) above, be refunded to him on his passing receipttherefor. (Amended wide G.R.B. & C. Department's No. CAT-1272/ 44277-Q dated3/3/1973)3) Receipts for payment made on accounts of any work, when executed by afirm should also be singed by all the partners except where, the contractors aredescribed in their tender as a firm in which case the receipt shall be signed in thename of the authority to give effectual for the firm4) Any person who submits a tender shall fill up the usual printed form startingat what percentage above or below the rates specified in schedule ‘B’(memorandum showing items of work to be carried out) he is willing to undertakethe work. Only one rate or such percentage on all the estimated rates schedule ratesshall be named. Tenders which propose any alteration in the works specified in thesaid form of invitation to tender or in the time allowed for carrying out the work orwhich contain any other conditions, of any sort will be liable to rejection. No printedform of tender shall include a tender for more than one works they shall submitseparate tender for each. Tenders shall have the name and number of the work towhich they refer, written outside the envelope.5) The Executive Engineer or his duly authorized assistant shall open tenders inthe presence of the contractors who have submitted tenders or their representativeswho may be present at the time and he will enter the amounts of the several tendersin a comparative statement in a suitable form. In the event of a tender being acceptedthe contractor shall for the purpose of identification sign copies of the specification& other documents mentioned in Rule 1. In the event of tender being rejected thecompetent officer shall retained the amount of the earnest money deposited to thecontractor on his giving receipt for the return of the money.6) The office competent to dispose off the tenders shall have the right ofrejecting all or any of the tender.7) No receipt for any payment alleged to have been made by a contractor inregard to any matter relating to his tender or the contract shall be valid and bindingon Government unless it is signed by the Executive Engineer.8) The memorandum of work to be tendered for and the schedule of materials tobe supplied by the Department and their rates shall be filled in the completed by theoffice of the Executive Engineer before the tender form is issued. If a form issuedthan intending tenderer has not bot been so filled in & completed he shall request thesaid office to have this done before he completes and delivers his tender.

279) All works shall be measured net by standerd measure and according to therules and customs of the Department and their rates shall be without reference to anylocal custom.10) Under no circumstances shall any contractor be entitled to claim enhancedrates for items in this contract.11) Every registered contractor should produce along with his tender certificate ofregistration as approved contractor in the appropriate class & renewal of suchregistration with date of expiry.12) All corrections and addition or pasted slips should be initiated.13) The measurement of work will be taken according to the usual methods in usein the Department and no prposals to adopt alternative methods will be accepted. TheExecutive Engineers decision as to what is the usual method in use in theDepartment will be final.14) The tendering contractor shall furnish a declaration long with the tendershowing all works for which he has already entered in to contract and the value ofwork that remains to be executed in each case on the date of submitting the tender.15) Every tender shall furnish along with the tender, information regarding theincome tax circle or ward of the district in which he is assessed to income tax thereference to the number of assessment and the assessment year and a valid Incometax clearance certificate.16) In a view of the difficult position regarding the availability of foreignexchange, no foreign exchange would be released by the Department for thepurchase of plant and machinery required for the execution of the work contractedfor ( GCD / PWD/CFM/1058/62517 of. 26/5/59.17) The contractor will have to construct shed for storing controlled and valuablematerials issued to him under schedule ‘A’ of the agreement, at the work site, havingdouble locking arrangement. The materials will be taken for use in the presence ofthe departmental person. No materials will be allowed to be removed from the site ofworks.18) The contractors shall also give a list of machinery in their possession andwhich they propose to use on the work in the form of statement No. IIa) If Government machinery is available and the contractor desired to have it forwork on the project it may be hired to him subject to the rates &hire charges thatmay be laid down by the Government from time to time during the currency ofthe tender.b) No security deposit will be taken form the contractor so long as the machinery isworked by the Departmental staff & under entire control of Department and isnot handed over to the contractor at all for operation of work by his crew & thecharges for the use of machinery are leveled on plant hour basis.c) The machinery should be worked only where the Departmental staff is confidentto use it safely and never in difficult situation and dangerous sports.

28d) The recovery of plant hours charges will be immediately made through the nextR.A.Bill.19) Successful tenderer will have to produce to the satisfaction of the acceptingauthority a valid and current license issued in his favour under the provision ofcontract Labour ( regulation and abolitoin act. 1973 ) before starting work, fallingwhich acceptance of the tender will be liable for withdawal &earnest money will befor feited to Government.20) The contractor shall comply with the provision of the apperentiees act. 1961and the rules and orders issued there under from time to time. If he fails to do so hisfailure will be a breach of the contract and the Superintending Engineer, may in hisdiscretion cancel the contract. The contractor shall also be liable for any pecuniaryliability arising on account of any violation by him of the provision of the act.

29TENDR FOR WORKS1. We hereby tender for the execution, for the Governor of Maharashtra(here in before and herein after referred to as Government) of the work specified theunder written memorandum within the time specified in such memorandum at --------------------percent below/above ( in words ----------------------------------------------below/above percent estimated rates entered in schedule ‘B’ ( memorandum showingitems of work to be carried out ) and in accordance in all respects with thespecification designs drawings & instruct signature of instruction in writing referredto in Rule 1 signature of contractor here of and in clause 12 of contractor theannexed conditions of the contract and agree that when materials for the work areprovided by Government, such materials and rate to repaid for, them shall be asprovided in schedule “A” here to ( in figures as well as in words )MEMORANDUMA) If several sub works are included they should be detailed in separate lista) General Description. :- Est.No. 124/2013-14 Providing APFC Panel (800KVAR x 2 Nos) at Dr. Shankarrao Chavan Govt.Medical College Vishnupuri Tq. Dist. Nanded.b) Estimated cost. Rs. 27,80,248/-C) The amount of earnest money to be depositedshall be in accordance with the provision ofParas 206 and 207 of the M.P.W. manualc) Earnest money 1 % Rs. 27,900/-D) This deposit shall be in accordance withParass 213 and 214 of the M.P.W. manuald) Security Deposit ( 4 % of the contract valve )i) Cash ( 2% of the contract value ) Rs.55,800 /-ii) Balance amount 2 % of the contractvalue) form ist R.A. Bill Rs.55,800 /-----------------Total Rs.1,11,600 /-----------------E) This percentage where no security deposit istaken will vary form 5% to 10% according tothe requirement of the case where security 4%deposit is taken see note 1 to clause 1 ofconditions of contract.

30e) Percentages if any to be deducted form bills so as to make up total amountrequired as Security deposit by the time, half the work as measured by the cost isdone (2%)F) Give schedule where necessary showing dates by which the various items are tobe completedf) Time allowed for the work form the date of written order to commence (90 day)2.) I/We agree the offer shall remain open for acceptance for a minimum period of90 days form the date fixed for opening the same and there after until it is withdrawnby me / us by notice in writing duly addressed to the authority opening the tenderesand sent by registered post AD or otherwise delivered at the office of such authority.Short term Deposit receipt of a period of one yearReceipt No.---------------------------------------------------------------------------------Date ----------------------------------------------------in respect of the sum ofRs.________/- (Rs. ________________________________________only)representing the earnest money is here with forward. The amount of earnest moneyshall not bear interest and shall be liable to Forfeited to the Government should I/We fail to.i) abide by the stipulation to keep the offer open for the period mentioned above orii) Sign and complete the contract documents as required by the Engineer & furnishthe security deposit as specified in item (d) of the memorandum contained inparagraph I above within the time limit laid down in clause (1) of the annexedgeneral condition of contract. The amount of earnest money may be adjusted towardsthe security deposit or refunded to me / us if so desired by me / us in writing unlessthe same or any part there of has been forfeited as aforesaid .3) I/We have secured exemption from payment of earnest money after executing thenecessary in favour of the Govt. a true copy of which is enclosed herewith shouldany occasion for forfeiture of earnest money of this work arise due to failure onmy/our part to (i) abide by the stipulations to keep the offer open for the periodmentioned above or (ii) sign and complete the contact documents & furnish thesecurity deposit as specified in item (d) of the memorandum contained in paragraph1 above within the time laid down in clause (1) of the annexed General Conditions ofContract, the amount payable by me/us may, at the option of the Engineer, berecovered out of the amount deposited in lumpsum for securing exemption in so faras the same may extend in term of the said bond and in the event of the deficiencyout of any other contract or transaction of any nature whatsoever or otherwise.4) Should this tender be accepted I / We hereby agree to abide by and fulfill all theterms, and provisions of the conditions of contract annexed here to so far asapplicable and in default there as to forfeit any pay to Government the sum of moneymentioned in the said conditions.Deposit Receipt No.----------------------------------------------dated ----------------------from the Bank at --------------------------------------------------------------in respect of the

31sum of Rs. (amounts to be specified in words and figures)----------------------------------------------------------------------------------------------------specified in the abovememorandom in accordance with clause is herewith forwarded representing theearnest money ( a ) the value of which is to be absolutely forfeited to Governmentshould I / We not deposit the full amount of security deposit in( *strike out ( a ) if no cash security deposit is to be taken )A) of the said conditions, otherwise the said sum ofRs. ---------------------------------(in words)---------------------------------------------shallbe refundedContractor ----------------------------------------------------------------------------------(signature of contractor before submission of tender)Address : - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Dated The day of 20( witness ) ----------------------------------------------------------------------------------( * signature of witness to Contractor’s signatureAddress : - ----------------------------------------------------------------------------------( Occupation ) ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------The above tender is hereby accepted by me for and on behalf of the Governorof Maharashtra.Dated Day of 20 Chief Engineer (Elect)P.W.D. MumbaiCONDITIONS OF CONTRACTSECURITY DEPOIST – PWD RESOLUTION NO. CAT / 1087 /CR-94/ BLDG–2 DT. 14-6-89

32CLAUSE NO.1The person / persons whose tender may be accepted (here in after called thecontractor, which expression shall unless excluded by or repugnant to the contextinclude his heirs, executors administrators, and assigns) shall (A) with in 10 days(which may be extended by the Superintending Engineer concerned upto 15 days ifthe Superintending Engineer thinks fit to do so) of the receipt by him of thenotification of the acceptance of his tender deposit with the Executive Engineer incash or Government securities endorsed to the Executive Engineer (if deposited formore than 12 months) of sum sufficient which will make up the full security depositspecified in the tender or (B) (permit Government at the time of making any paymentto him for work done under the contract to deduct such as will amount to 4 percentof all money so payable such deductions to be held by Government by way ofsecurity deposit) provided always that in the event of the contractor depositing alump-sum by way of security deposit as contemplated at ( A ) above then and in suchcase, if the sum so deposited shall not amount to four percent of the total estimatedto the contractor for work done under the contract to make up the full amount of fourpercent by deducting a sufficient sum from every such payment as last aforesaiduntil the full amount of the security deposit is made up. All compensation or othersum of money payable for the contractor to Government under the terms of hiscontract may be deducted form or paid by the sale of sufficient part of his securitydeposit or from the interest arising there from or from any sum which may be due ormay become due by Government to the contractor under any other contract ortransaction of any nature on any account what so ever & in the event of his securitydeposit being reduced by reason of any such deduction or sale as aforesaid. Thecontractor shall within 10 days there after make good in cash or Governmentsecurities endorsed as aforesaid any sum or sums which may have been deductedfrom or referred to, when paid in cash may, at the cost of the depositor, be convertedinto interest bearing securities provided that the deposition has expressly desired thisin writing.The security deposit will not be accepted in forms of insurance companybonds. As per Government orders contained in no. CCM/PWD/CAT/4250 dated27/12/1956. if the amount of the security deposit to be paid in a lumpsum within theperiod Specified at (A) above is not paid the tender/contract already accepted shallbe considered as concelled and legal steps taken against the contractor for recoveryof the amounts. The amount of the security deposit lodged by a contractor shall berefunded along with the payment of the final bill, if the date upto which thecontractor has agreed to maintain the work in good order is over, if such date is notover, only 50% amount of security deposit shall be refunded along with the paymentof the final bill. The amount of security deposit retained by the Government shall bereleased after expiry of period up to which the contractor has agreed to maintain thework in good order is over. In the event of the contractor failing or neglecting tocomplete rectification work within the period up to which the contractor has agreedto maintain the work in good order, then subject to provisions of clauses 17 and 20here of the amount of security Deposit retained by Government shall be adjustedtowards the excess cost incurred by the department on rectification workNote: -This will be same percentage as that in the tender at (e)

33Compensation for delayClause No. 2The time allowed for carrying out the work as entered in the tender shall bestrictly observed by the contractor and shall be reckoned from the date on which theorder to commence work is given to the contractor, the work shall throughout thestipulated period of the contract be proceeded with, with all due diligence ( timebeing deemed to be the essence of the contract on the part of the contractor ) & thecontractor shall pay as compensation an amount equal to 1 % or such smaller amountas the Superintending Engineer ( whose decision in writhing shall be final ) maydecide, of the amount of the estimated cost of the whole work as shown by thetenderer for every day that the work remains uncommenced, or unfinished, after theproper dates and further to ensure good progress during execution of the work thecontractor shall be bound in all cases in which the time allowed for any workexceeds one month to complete.¼ of the work in: - ¼ of the time½ of the work in: - ½ of the time¾ of the work in: - ¾ of the timeFull work to be completed in 90 Days (including monsoon)Note :-The quantity of the work to be done within a particular time to be specified aboveshall be fixed and inserted in the blank space kept for the purpose by the officercompetent to accept the contracts after taking in to consideration the circumstancesof each case and abide by the programme of detailed process laid down by theExecutive Engineer.The following proportion will usually be found suitable : -In 1/1, ½, ¾ of the timeReasonable progress of earth work. 1/6, ½, ¾ of the total value of the work to bedone.Reasonable progress of masonry 1/10, 8/10 of the total value of the work tobe done.In the event of the contractor failing to comply with these conditions he shallbe liable to pay as compensation an amount equal to 1% or such smaller amount asthe Superintending Engineer (whose decision in writing shall be final) may decide ofthe said estimated cost of the whole work for every day that the due quantity of workremains incomplete provided always that the total amount of compensation to bepaid under the provisions of this clause shall not exceed 10% of the estimated cost ofthe work as shown in the tender. Superintending Engineer, should be final authorityin this respect, irrespective fact that the tender is accepted by Chief Engineer, Addl.Chief Engineer / Superintending Engineer / Executive Engineer or Asst. Engineer /Deputy Engineer.ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED

CLAUSE NO. 334In any case in which under any clause of this contract of the contractor shallhave rendered himself liable to pay compensation amounting to the whole of thissecurity deposit whether paid in one sum or deducted by installments or in the caseof abandonment of the work. Owing to serious illness or death of the contractor orany other cause the Executive Engineer, on behalf of the Governor of Maharashtrashall have power to adopt any of the following courses as he may deem best suited tothe interest of Government.a) To rescind the contract ( for which rescission notice in writing to the contractorunder the hand of Executive Engineer shall be conclusive evidence) and in that casethe security deposit of the contractor shall stand forfeited and be absolutely at thedisposal of Government.b) To carry out the work of any part of the work departmentally debiting thecontractors with the cost of the work, expenditure incurred on tools and plant andcharges on additional supervisory staff including the cost of work chargedestablishment employed for getting the unexecuted part of the work completed &crediting him with the value of the work done departmentally in all respect in thesame manner and at the same rate, as if it had been carried out by the contractorunder the terms of his contract. The certificate of the Executive Engineer as to thecost and other allied expenses so incurred and as to the value of the work so donedepartmentally shall be final and conclusive against the contractor.c) To order that the work of the contractor be measured up and to take such partthere of as shall be unexecuted out of his hands, and to give it to another contractorto complete in which case all expenses incurred on advertisement for fixing a newcontracting agency, additional supervisory staff including the cost of work chargedestablishment and cost of the work charged establishment & cost of the workexecuted by the new contract agency will be debited to the contractor. The value ofthe work done or executed through the new contractor shall be credited to thecontractor in all respects and in the same manner and at the same rates as if it hadbeen carried out by the contractor under the terms of his contract. The certificate ofthe Executive Engineer as to all the cost of the work and other expenses incurred asaforesaid for or in getting the unexecuted work done by the new contractor and as tothe value of the work so done shall be final and conclusive against the contractor.In case the contract shall be rescind under clause (a) above the contractor shallnot be entitled to recover or be paid, and any sum for any work therefore actuallyperformed by him under this contract unless and until the Executive Engineer shallhave certified in writing the performance of the such work and the amount payable tohim in respect thereof and he shall only be entitled to be paid at amount so certified.In the event of either the courses referred to in clause (b) or (c) being adopted andthe cost of the work executed departmentally or through a new contractor & theallied expenses exceeding the value of such work credited to the contractors theamount of excess shall be deducted from money due to the contractor, byGovernment under the Contract or otherwise how so ever or from his securitydeposit or the sale proceeds thereof provided, however, that contractor shall have toclaim against Government even if the certified value of the work donedepartmentally or through a new contractor exceeds the certified cost off such workand allied expenses, provided always that which ever of the three courses mention in

35clause (a) (b) or (c) is adopted by the Executive Engineer the contractor shall haveno claim to compensation for any loss. Sustained region by reason of his havingpurchased or procured any materials or entered into any engagements or made anyadvance on account of or with a view to thee execution of the work on theperformance of the contract.ACTION WHEN THE PROGRESS OF ANY PARTICULAR OF THE WORKIS UNSATIS FACTORYCLAUSE NO.4If the progress of any particular portion the work is unsatifactory theExecutive Engineer shall not withstanding that the general progress of the work is inaccordance with the conditions mention in clause 2, be entitled to take action underclause 3 ( B) after giving the contractor 10 days notice in writing. The contractor willhave to claim for compensation for any loss sustained by him owing to such action.CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IFACTION NOT TAKEN UNDER CLAUSES 3 AND 4CLAUSE NO.5In any case in which any of the powers conferred upon the ExecutiveEngineer by clause 3 and 4 here of shall have become exercisable & the same shallnot been exercised the non exercise there of shall not constitute a waiver of any ofthe conditions here of and such powers shall not withstanding be exercisable in theevent of any future case of default by contractor for which under any clause here ofhe is declared liable to pay compensation amounting to the whole of his securitydeposit and liability of the contractor for past and future compensation shall remainunaffected in the event of the Executive Engineer taking action under sub-clause ( a)or ( c) of clause 3 he may, if he so desires, take possession of all any tools and plant,materials & stores in or upon the work of the site there of or belonging to thecontractor, or procured by him and intended to be used for the execution of the workor any part there of paying or allowing for the same in account at the contract rates,or in the case of contract rates being applicable at current market rates to be certifiedby the Executive Engineer whose certificate there of shall be final. In the alternativethe executive engineer may, after giving notice in writing to the Contractor or hisclerk of work, foreman or authorized agent require him to remove sent tools andplant, materials, or stores form the premises within a time to he specified in suchnotice and in the event of the contractor failing to comply with any such requisition,the Executive Engineer may remove them at the contractor’s expense of sale then byauction or private sale on account of the contractor and at his risk in all respect andthe certificate of the Executive Engineer as to the expense of any such removal andthe amount of the proceeds & the expense of any such sale shall be final andconclusive against the contractor.EXTENSION OF TIME

CLAUSE NO.636If the contractor shall desire an extension of the time for completion of workon the ground of his having unavoidably hindered in its execution or on any otherground he shall apply in writing to the Executive Engineer before the expiration ofthe period stipulated in the tender or before the expiration of 30 days form the dateon which he was hindered as aforesaid or on which the cause for asking forextension occurred, whichever is earlier and the Executive Engineer, or in theopinion, of Superintending Engineer, or Chief Engineer as the case may be if in hisopinion, there were reasonable grounds for granting an extension, grant suchextension as he thinks necessary or proper. The decision of the Executive Engineerin this matter shall be final.CLAUSE NO. 6 (A)In case of dealing in handing over the land required for the work due tounforeseen causes the contractor shall not be entitled for any compensation what soever from Government on the ground that the machinery or labour was for certainperiod remained idle, contractor may however apply for extension of time limitwhich may be granted on the merit of the same.The contractor will not have any claim in case of delay by the Department ofremoval of trees or / shifting rasing removing of telegraph, telephone or electricallines ( over head or under ground ) or other structure if any which may come in theway of work. however suitable extension can be granted to cover soal delay.FINAL CERTIFICATECLAUSE NO. 7On the completion of the work the contractor shall be furnished with acertificate by the Executive Engineer (hereinafter called The Engineer – in charge )of such completion, but no such certificate shall be gives nor shall the work beconsidered to be completed until the contractor shall have removed from thepremises on which the work shall have been executed, or scaffolding, surplusmaterials and rubbish, and shall have clean off, the dirt from all wood work, doors,windows, wall floor or other parts of any building in of upon which the work hasbeen executed or of which he may have had possession for the purpose of executingthe work nor until the work shall have been measured by the Engineer – in charge orwhere the measurement have been taken by his subordinates until they have receivedapproval of the Engineer – in charge the said measurements being binding &conclusive against contractor. If the contractor shall fail to comply with requirementsof this clause as to the removal of scaffolding surplus materials & and rubbish andcleaning of dirt on or before the date fixed for the completion of the work theEngineer – in charge may at the expense of the contractor remove such scaffolding,surplus materials and rubbish, and dispose off the same as the thinks fit and cleansoff such dirt as aforesaid and the contractor forthwith pay the amount of all expenses

37so incurred, but shall have no claim in respect of any such scaffolding or surplusmaterials as aforesaid except for any sum actually realized by the sale thereof.PAYMENT ON INTERMEDATE CERTIFICATE TO BE REGARDED ASADVANCESCLAUSE NO. 8No payment shall be made for any work estimated to cost less then Rs. 1000/-till after the whole of work shall have been completed and a certificate of completiongiven. But in the case of works estimated to cost more than Rs. 1000/- the contractorshall on submitting the monthly bill therefore be entitled to receive paymentproportionate to the part of the work than approved and passed by the Engineer – incharge, whose certificate so such approval and passing of the sum so payable shallbe final and conclusive against the contractor. All such intermediate payments shallbe regarded as payments by way of advance against the final payments only and notas payments for work actually done and completed and shall not preclude theEngineer- in –charge for requiring any bad, unsound imperfect or unskillful work tobe removed or taken away and reconstructed or re-erected nor shall any suchpayment to be considered as an admission of the due performance of the contract orany part there of in any respect.The occurring of any claim nor shall it conclude, determine or affect in any otherway the powers of the Engineer-in-charge as to the final settlement & adjustment ofthe accounts or otherwise or in any other way vary or affect the contract. The finalbill shall be submitted by the contractor within one month of the date fixed for thecompletion of the work, other wise the Engineer-in-charge’s certificate of themeasurements and of the total amount payable for the work shall be final andbinding on all parties.PAYMENT AT REDUCED RATES ON ACCOUNT OF ITEMS OF WORKNOT ACCEPTED AS COMPLETED TO BE AT DISCRETION OF THEENGINEER-IN-CHARGECLAUSE NO.9The rates for several items of work estimated to cost more than Rs.1000/-agreed to within shall be valid only when the item concerned is accepted as havingbeen completed fully in accordance with the sanctioned specifications. In caseswhere the items of work are not accepted as so completed by the Engineer-in-chargemay make payments on account of such items at such reduced rates as he mayconsider reasonable in the preparation of final or on account billsBILL TO BE SUBMITTED MONTHLYCLAUSE NO.10A bill shall be submitted by the contractor in each month or before the datefixed by the Engineer-in-charge for all work executed in the previous month, and the

38Engineer-in-charge shall take or cause to be taken the requisite measurement for thepurpose of having the same verified and the claim, so far as it is admissible, shall beadjusted, if possible, within ten days from the presentation of the bill. If thecontractor does not submit the bill within the time fixed as aforesaid, the Engineerin-chargemay depute a subordinate to measure up the said work in the presence ofthe contractor of his duly authorized agent whose counter signature to themeasurement list shall be sufficient warrant, and Engineer-in-charge may prepare abill from such list which shall be binding on the contractor in all respects.BILLS TO BE ON PRINTED FORMSCLAUSE NO.11The contractor shall submit all bills on the printed forms to be had onapplication at the office of the Engineer-in-charge the charges to be made in the billsshall always be entered at the rates specified in the tender or in the case of any extrawork ordered in pursuance of these conditions, and not mentioned or provided for inthe tender at the rates hereinafter provided for such work.STORES SUPPLIED BY GOVERNMENTCLAUSE NO.12If the specification or estimate of the work provides for the use of any specialdescription of material to be supplied from the stores of the Department or if it isrequired that the Contractor shall use certain stores to be provided by the Engineerin-charge(such material and stores and the prices to be charged therefor ashereinafter mentioned being so far as practicable for the convenience of thecontractor but not so as in any way to control the meaning or effect of this contractspecified in the schedule or memorandum here to annexed) the contractor shall besupplied with such materials and stores as may be required from time to time be usedby him from the purpose of the contract only, and value of the fully quantity of thematerials and stores so supplied shall be set off or deducted form any sums then due,or thereafter to become due to the contractor under the contract, or otherwise, orfrom the security deposit or the proceeds of sale there of if the security deposit isheld in Government securities, the same then due, or thereafter to become any sumsthen due, or thereafter to become due to the contractor under the contract, orotherwise, or form the security deposit or the proceeds of sale there of if the securitydeposit is held in Government securities, the same or a sufficient portion there ofshall in that case be sold for the purpose. All materials supplied to the contractorshall remain the absolute property of Government & shall on no account be removedfrom the site of the work, and shall at all times be open for inspection by theEngineer-in-charge. Any such materials unused and in perfectly good condition atthe time of completion or termination of the contract shall be returned to theDepartmental stores of the Engineer-in-charge so requires by a notice in writinggiven under his hand but the contractor shall not be entitled to return any suchmaterials except with such consent of the Engineer-in-charge and he shall have noclaim for compensation on account of any such materials supplied to him as

39aforesaid but remaining unused by him or for any wastage in or damage to any suchmaterial.CLAUSE NO. 12 (A)All stores of controlled materials such as cement, steel etc. supplied to thecontractor by Government should be kept by the contractor under lock & key will beaccessible for inspection by the Executive Engineer or his agent at all the times.WORKS TO BE EXECUTED IN ACCORADANCE WITH SPECIFICATIONDRAWINGS, ORDERES ETC.CLAUSE NO. 13The contractor shall execute the whole and every part of the work in the mostsubstantial and work manlike manner and both as regards materials and every otherrespect in strict accordance with specifications. The contractor shall also conformexactly, fully and faithfully to the designs, drawings, and instructions in writingrelating to the work signed by the Engineer-in-charge and lodged in his office and towhich the contractor shall be entitled to have access for the purpose of inspection atsuch office or on the site of the work during office hours. The contractor will beentitled to receive three sets of contract drawings and working drawings as well asone certified copy of the acceptable tender along with the work order free of cost.Further copies of contract drawings and working drawings if required by him shallbe supplied at the rate Rs.200/- per set of contract drawings & Rs.200/- per workingdrawing except where otherwise specified.ALTERATION IN SPECIFICATION & DESING NOT TO INVALIDATECONTRACTSRATES FOR WORKS NOT ENTERED IN ESTIMATE OR SCHEDULE OFRATE OF THE DISTRICT.EXTENSION OF TIME IN CONSEQUENCE OF ADDITIONS ORALTERATIONS.CLAUSE NO. 14The Engineer-in-charge shall have power to make any alteration in oradditions to the original specification, drawings, designs and instructions that mayappear to him to be necessary on advisable during the progress of the workcontractor shall be bound to carry out the work in accordance with any instructionsin this connection which may be given to him in writing signed by the Engineer-inchargeand such alteration shall not invalidate the contract, and any additional workwhich the contractor may be directed to do in the manner above specified as part ofthe work shall be carried out by the contractor on the same conditions in all respectson which he agreed to do the main work, and at same rates as are specified in thetender for the main work. And if the additional and altered work includes any class

40of work for which no rate is specified in this contract, then such class of work shallbe carried out at the rates entered in the schedule of rates of the Division or at therate mutually agreed upon between the Engineer-in-charge and the contractor whichever are lower. If the additional or altered work for which no rate is entered in theschedule of rates of division, is ordered to carried out before the rates are agreedupon then the contractor shall within seven days of the date of receipt by him of theorder to carry out the work inform the Engineer-in-charge of the rate which it is hisintention to charge for such class of work. And if the Engineer-in-charge does notagree to this rate he shall by notice in writing be at liberty to cancel his order to carryout such class of work and arrange to carry out in such manner as he may consideradvisable provided always that if the contractor shall commence work or incur anyexpenditure in regard there to before the rate shall have been determined as lastlyhere in before mentioned then in such case he shall only be entitled to be paid inrespect of the work carried out or expenditure incur by him prior to the date ofdetermination of the rate as aforesaid according to such rate or rates as shall be fixedby the Engineer-in-charge. In the event of a dispute the decision of SuperintendingEngineer of the circle will be final. Where however the work is to be executedaccording to the designs, drawings and specifications recommended by thecontractor and accepted by the competent authority the alterations above referred toshall be within the scope of such designs, drawings and specifications appended tothe tender. The time limit for the completion of the work shall be extended in theportion that increase in its cost occasioned by alterations or additions bears to thecost of original contract work and the certificate of the Engineer-in-charge as to suchproportion shall conclusive.NO CLAIMS TO ANY PAYMENT OR COMPENSATON FORALTERATION IN OR RESTRICTION OF WORKNO CLAIM TO COMPENSATION ON ACCOUNT OF LOSS DUE TODELAY IN SUPPLY OF MATERIAL BY GOVERNMENTCLAUSE NO.151) If at any time after the execution of the contract documents the Engineer-inchargeshall for any reason whatsoever (other than default on the part of thecontractor for which the Government is entitled to rescind the contract) desires thatthe whole or the part of the work specified in the tender should be suspended for anyperiod or that the whole or any part of the work should not be carried out, at all heshall give the contractor a notice in writing of such desires and upon the receipt suchnotice the contractor shall forthwith suspend or stop the work wholly or in part asrequired, after having due regard to the appropriate stage at which the work shouldbe stop or suspended so as not to cause any damage or injury to the work alreadydone or endanger the safety thereof provided that the design of the Engineer as to thestage at which the work of any part of it could be or could have been safely stoppedor suspended shall be final & conclusive against the contractor. The contractor shallhave no claim to any payment or compensation whatsoever by reason of or inpursuance of any notice as aforesaid on account of any suspension, stoppage orcurtailment except to the extent specified hereinafter.

41(2) Where the total suspension of work ordered as aforesaid continued forcontinuous period exceeding 120 days the contractor shall be liberty to withdrawfrom the contractual obligations under the contract so far as it pertains to theunexecuted part of the work by giving a ten days prior notice in writing to theEngineer, within 30 days of the expiry of the said period of 120 days of suchintention and requiring the Engineer to refer the final measurement of the workalready done and to pay final bill. Upon giving such notice the Contractor shall deemto have been discharged from his obligations to complete the remaining unexecutedwork under his contract. On receipt of such notice the Engineer shall proceed tocomplete the measurements and make such payments as may be finally due to theContractor within a period of 90 days from the receipt of such notice in respect ofwork already done by the Contractor. Such payment shall not in the mannerprejudice the right of the Contractor to any further compensation under theremaining provisions of this clause.(3) Where the Engineer required the Contractor to suspend the work for a periodin excess of 30 days at any time or 60 days in the aggregate, the Contractor shall beentitle to apply to be Engineer within 30 days of the resumption of the work aftersuch suspension for payment of compensation to be extend of pecuniary losssuffered by him in respect of working machinery remained idle on the site or on theaccount of his having and to pay the salary or wages of labour engaged by himduring the same period of suspension provided always that the contractor shall not beentitled to any claim in respect of any such working machinery salary or wages forthe first 30 days whether consecutive or in the aggregate or such suspension or inrespect or any suspension whatsoever occasioned by unsatisfactory work or anyother default on his part. The decision of the Engineer in this regard shall be finaland conclusive against the Contractor.(4) In the event of(i) Any total stoppage or work on notice from engineer under sub-clause (1) inthat behalf.(ii) Withdrawal by the Contractor from the contractual obligations to completethe remaining unexecuted work under sub-clause (2) on account of continuesuspension of work for a period exceeding 90 days.OR(iii) Curtailment in the quantity of item or items originally tendered on account ofany alteration, omission on substitution in the specifications, drawings, designs orinstruction under clause (14) 1 where such curtailment exceeds 25% in quantity andthe value of the quantity curtailed beyond 25% at the rates for the item specified inthe tender is more than Rs. 5,000/- It shall be open to be contractor, within 90 daysfrom the service of (i) the notice of stoppage of work or (ii) the notice of thewithdrawal from the contractual obligations under contract on account of continuesuspension of work or (iii) notice under Clause (14) 1 resulting in such curtailment toproduce to the engineer satisfactory documentary evidence that he had purchased or

42agreed to purchase materials for use in the contracted work before receipt by him ofthe notice of stoppage, suspension or curtailment and require the government to takeover on payment such material at the rates determined by the Engineer providedhowever, such rates shall in no case exceed the rates at which the same was acquiredby the contractor. The Government shall thereafter take over the material so offeredprovided the quantities offered, are not in excess of the requirements of theunexecuted work as specified in the accepted tender and are of quality andspecifications approved by the engineer.NO CLAIMS TO COMPENSATION ON ACCOUNT OF LOSS DUE TODELAY IN SUPPLY OF MATERIAL BY GOVERNMENTClause No. (15) AThe contractor shall not be entitled to claim any compensation fromgovernment for the loss suffered by him on account of delay by government in thesupply of material entered in schedule A where such delay is cost by(i) Difficulties relating to the supply of railway wagons.(ii) Force major(iii) Act of God(iv) Act of enemies of the state or any other reasonable cause beyond the controlof government. In the case of such delay in the supply of materials, governmentsshall grant such extension of time for the completion of the work as shall appeared tothe Executive Engineer to be reasonable in accordance with the circumstances of thecase. The decision of the Executive Engineer as the extension of time shall beaccepted as final by the contractor.TIME LIMIT FOR UNFORSEEN CLAIMSCLAUSE NO. 16Under no circumstances whatever shall the Contractor be entitled to anycompensation from government on any account unless the contractor shall havesubmitted a claim in writing to the Engineer-in-charge within one month of the caseof such claim occurring.ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK(PWD RESOLUTION NO. CAT-1087/CR-94/BLDG-2 DT. 14.6.89)CLAUSE NO. 17If any time before the security deposit or any part thereof is refunded to thecontractor it shall appear to the Engineer-in-charge or his subordinate in charge ofthe work that any work has been executed with unsound, imperfect or unskillfulworkmanship or with materials of interior quality or that any material or articlesprovided by him for the execution of work are unsound, or of a quality inferior tothat contracted for or are otherwise not in accordance with the contract it shall be

43lawful for the Engineer-in-charge to intimate this fact in writing to the contractor andthen not withstanding the fact that the work, materials or articles complained of mayhave been in advertently passed, certified and paid for, the contractor shall be boundforthwith to rectify, or remove and reconstruct the work so specified in whole or inpart, as the case may required or if so required shall remove the materials or articlesso specified and provided other proper and suitable materials or articles at his owncharge and cost and in the event of his failing to do so within a period to be specifiedby the Engineer-in-charge in the written intimation aforesaid the contractor shall beliable to pay compensation at the rate or 1% on account of the estimate for every daynot exceeding 10 days, during which the failure so continues and in the case of anysuch failure the Engineer- in- charge may rectify or removed and reexecute the workor removed and replaced the materials or articles complained of as the case may beat the risk and the expense in all respects or the contractor should the Engineer-inchargeconsidered that any such inferior work or material as described above may beaccepted or made use of shall be within his discretion to accept the same at suchreduced rates as he may fixed therefor.WORK TO BE OPEN TO INSPECTIONCONTRACTOR OR RESPONSIBLE AGENT TO BE PRESENTCLAUSE NO.18All works under or in course of execution or executed in pursuance of thecontract shall at all times be open to the inspection and supervision of the Engineerin-chargeand his subordinates, and the contractor shall at all times during the usualworking hours, and at all other times at which reasonable notice of the intention ofthe Engineer-in-charge and his subordinate to visit the work shall have been given tothe contractor, either himself be present to receive orders and instructions or haveresponsible agents duly accredited in writing present for that purpose. Orders givento the contractor’s duly authorized agent shall be considered to have the same forceand effect as if they had been given to the contractor himself.NOTICE TO BE GIVEN BEFORE WORK IS COVERED UPCLAUSE NO. 19The Contractor shall give not less than 5 days notice in writing to theEngineer-in-charge or his subordinate in charge of the work before covering up orotherwise placing beyond the reach of measurement any work in order that the samemay be measured and correct dimensions thereof taken before the same is so coveredup or place beyond the reach of measurements and shall not cover up or placebeyond the reach of measurements any work without the consent in writing of theengineer-in-charge or his subordinate in charge of the work, and if any work shall becovered up or placed beyond the reach or measurements, without such notice havingbeen given or consent obtained the same shall be uncovered at the contractor’s

44expenses, and default thereof no payment or a allowance shall be made for suchwork or for the materials with which the same was executed.CONTRACTOR LIABLE FOR DAMAGE DONE AND FOR IMPERFECTION(PWD RESOLUTION NO. CAT-1087 / CR-94 – BLDG-2 DT. 14/06/89)CLAUSE NO. 20If during the period of 15 months from the date of completion as certified bythe Engineer-in-charge pursuant to clause 7 of the contract or 12 months aftercommissioning the work, whichever is earlier in the opinion of the ExecutiveEngineer, the said work is defective in any manner whatsoever the contractor shallforthwith on receipt of notice in that behalf from the Executive Engineer dulycommence execution and completely carry out at his cost in every respect all thework that may be necessary for rectifying & setting right the defects specifiedtherein including dismantling and reconstruction of unsafe portions strictly inaccordance with and in the manner prescribed and under the supervision of theExecutive Engineer. In the event of the contractor failing or neglecting to commenceexecution of the said rectification work within the period prescribed therefore in thesaid notice and or to complete the same as aforesaid as required by the said notice,the Executive Engineer may get the same executed and carried out departmentally orby any other agency at the risk on account of and at the cost of the contractor. Thecontractor shall forthwith on demand pay to the government the amount of suchcosts, charges and expenses sustained or incurred by the government of which thecertificate of the Executive Engineer shall be final and binding on the contractor.Such costs charges and expenses shall be deemed to be arrears of land revenue andin the event of contractor failing or neglecting to pay the same on demand asaforesaid without prejudice to any other rights and remedies of the government, thesame may be recovered from the contractors as arrears of land revenue. Thegovernment shall also be entitled to deduct the same from any amount which maythen be payable or which may thereafter become payable by the government to thecontractor either in respect of the said work or any other work whatsoever or fromthe amount of security deposit retained by Government.The defect liabilities period in particular for waterproofing treatment(building work) shall be 7 years.CONTRACTOR TO SUPPLY PLANT LADDER SCAFFOLDING ETC. AND ISLIABLE FOR DAMAGES ARISING FROM NONPROVISIONS OF LIGHT,FENCING ETC.CLAUSE NO. 21The contractor shall at his own cost all material (except such special materialsif any as may in accordance with the contract, be supplied from the P.W. stores),plant, tools, appliances, implements, ladders, cordage, tackle, scaffolding andtemporary works requisite or proper for the proper execution of the work, whether inthe original, altered or substituted form, and whether included in the specification orother documents forming part of the contract or refered to in these conditions or not

45and which may be necessary for the purpose of satisfying or complying with therequirements of the Engineer in charge as to any matter as to which under theseconditions he is entitled to be satisfied, or which he is entitled to require togetherwith the carriage therefore to and from the work. The contractor shall also supplywithout charge the requisite number of person with the means and materialsnecessary for the purpose of setting out works and counting, weighing and assistingin the measurements or examination at any time and from time to time of the work orthe materials, failing this the same may be provided by the Engineer-in-charge at theexpenses may be deducted from any money due to the contractor under the contractor from his security deposit or the proceeds of the sale thereof or a sufficient portionthereof. The contractor shall provide all necessary fencing and lights required toprotect the public from accident and shall also be bound to bear the expenses ofdefense of every suit, action or other legal proceeding that may be brought by anyperson for injury sustained owing to neglect of the above precautions and to pay anydamages and cost which may be awarded in any such suit action or proceeding toany such person or which may with consent of the contractor be paid forcompromising any claim by such person.List of machinery in Contractor's possession and which he proposes to use onthe work should be submitted along with the tender.CLAUSE NO. 21 AThe contractor shall provide suitable scaffolds and working platformsgangways and stairways shall comply with the following regulations in connectionstherewith.a) Suitable scaffolds shall be provided for workmen for all works that can not besafely done from a ladder or by other means.b) Scaffold shall not be constructed, taken down or substantially altered except.i) Under the supervision of a competent and responsible person andii) as far as possible by competent workers possessing adequate experience inthis kind of work.c) All scaffolds and appliances connected there with and ladders shalli) be of sound materialii) be of adequate strength having regard to the loads & strains to which they willbe subjected, andiii) be maintained in proper condition.d) Scaffolds shall be so constructed that no part thereof can be displaced inconsequence of normal use.e) Scaffolds shall not be over-loaded and so far as practicable the load shall beevenly distributed.f) Before installing lifting gear on scaffolds special precaution shall be taken toensure the strength and stability of the scaffold.g) Scaffold shall be periodically inspected by the competent person.

46h) Before allowing a scaffold to be used by his workmen the contractor shall,whether the scaffold has been erected by his workmen or not, taken steps toensure that it complies fully with the regulation here-in-specifiedI) Working platform, gangways stairways shalli) be so constructed that no part there of can sag unduly or unequally.ii)iii)be so constructed and maintained having regard to the prevailing conditionsas to reduce as far as practicable risks of persons tripping or slipping, andbe kept free from any unnecessary obstruction.j) In the case of working platform, gang ways, working places and stairways atthe height exceeding two meters (to be specified)i) every working platform and every gangway shall be closely boarded unlessother adequate measures are taken to ensure safety.ii)iii)Every working platform and gangway shall have adequate width; andEvery working platform and gangway, working place & stairway shall besuitably fenced.k) Every opening in the floor of a building or in a working platform shall exceptfor the time and to the extent required to allow the excess of persons or thetransport or shifting of materials be provided with suitable means to preventthe fall of persons or materials.l) When persons are employed on roof where there is a danger of falling from aheight exceeding three metres suitable precautions shall be taken to preventthe fall of persons or materials. (to be prescribed)m) Suitable precautions shall be taken to prevent persons being struck by articleswhich might fall from scaffold or other working places.n) Safe means of access shall be provided to all working platforms and otherworking places.o) The contractor (s) will have to make payments to the labours as per minimumwages act 1948.CLAUSE NO. 21 BThe contractor shall comply with the following regulations as regards theHoisting Appliances to be used by him

47a) Hoisting machine and tackle, including their attachments anchorage’s andsupport shalli) be of good mechanical construction, sound material and adequate strength andfree from patent defect, andii)be kept in good repair and in good working order.b) Every rope used in hoisting or lowering materials or as a means of suspensionshall be of suitable quality and adequate strength and free from patent defect.c) Hoisting machine and tackle shall be examined and adequately tested aftererection on the site and before use & be reexamined in position at intervals tobe prescribed by the government.d) Every chain, ring, hookshackle swivel and pully block use in hoisting orlowering materials or as a means of suspension shall be periodicallyexamined.e) Every crane driver or hoisting appliance operator shall be properly qualified.f) No person who is below the age of 21 years shall be in control of any hoistingmachine, including and scaffold which, or given signals to the operator.g) In the case of every hoisting machine and of every chain, ring, hook, shackle,wivel pulley block used in hoisting or lowering or as means of suspension, thesafe working load shall be ascertained by adequate means.h) Every hoisting machine and all gear referred to in preceding regulation shallbe plainly marked with the safe working load.i) In the case of hoisting machine having a variable safe working load, each safeworking load and the condition under which it is applicable shall be clearlyindicated.j) No part of any hosting machine or of any gear referred to in regulation (g)above shall be loaded beyond the safe working load except for the purpose oftesting.k) Motors, gearing transmissions, electric wiring and other dangerous part ofhoisting appliances shall be provided with efficient safeguards.l) Hoisting appliances shall be provided with such means as will reduce tominimum and the risk of the accidental descent of the load.m) Adequate precaution shall be taken to reduce to a minimum the risk of anypart of a suspended load becoming accidentally displaced.

GOVERNMENT CRICUIAR NO.CAT 1284/ (120) BUILDING-2MANTRALAYA BOMBAY-32 DT.14-8-85.CLAUSE No. 21 C48The contractor shall duly comply with all the provisions of the contractlabour (Regulation and Abolition) Act 1970 (37 of 1970) & the MaharashtraContract Labour (Regulation & Abolition) Rules, 1971 as amended from time totime and all other relevant statues and statutory provisions concerning payment ofwages particularly to workmen employed by the Contractor and working on the siteof the work, In particular the contractor shall pay wages to each worker employed byhim on the site of the work at the rate prescribed under the Maharashtra ContractLabour (Regulation and Abolition) Rules, 1971. If the contractor fails or neglects topay wages at the said rates or makes short payment and the government makes suchpayment of wages in full or in part thereof less paid by the contractor as the casemay be, the amount so paid by the government to such workers shall be deemed tobe arrears of land revenue and the government shall be entitled to recover the sameas such from the contractor or deduct same from the amount payable by thegovernment to the contractor here under or from any other amount (s) payable to himby the government.MEASURE FOR PREVENTION OF FIRECLAUSE NO. 22The contractor shall not set fire to any standing jungle, trees, brushwood orgrass without a written permit from Executive Engineer. When such permit is given,and also in all the cases when destroying, cut or drug up trees brushwood, grass etc.By fire the contractor shall take the necessary measure to prevent such fire spreadingto or otherwise damaging surrounding property. The contractor shall make his ownarrangements for drinking water for the labour employed by him and providingsanitary and other arrangementsLIABILITY OF CONTRACTOR FOR ANY DAMAGE DONE IN OR OUTSIDEWORK AREACLAUSE NO. 23Compensation for all damages done intentionally or unintentionally bycontractor’s labour whether in or beyond the limits or government property includingany damages caused by the spreading of fire mentioned in Clause 22 shall beestimated by the Engineer-in-charge or such other officer as he may appoint & theestimate of the Engineer-in-charge subject to the decision of the SuperintendingEngineer on appeal shall be final and the contractor shall be bound to pay the amountof the assessed compensation on demand, failing which, the same will be recoveredfrom the contractor as damages in the manner prescribed in clause 1 or deducted bythe Engineer-in-charge from any sums that may be due or become due fromgovernment to contractor under this contract or otherwise.The Contractor shall bear the expenses of defending any action or other legalproceedings that may be brought by any person for injury sustained by him owing to

49neglect of precautions to prevent the spread of fire and he shall pay any damages andcost that may be awarded by the court in consequence.EMPLOYMENT OF FEMAL LABOURCLAUSE NO. 24The employment of female labours on works in neighbor-hood of soldiersbarracks should be avoided as far as possible. The contractor shall employ the labourwith the nearest employment exchange.WORK ON SUNDAYCLAUSE NO. 25No work shall be done on a Sunday without the sanction in writing of theEngineer-in-charge.WORK NOT BE SUBLETCONTRACT MAY BE RESCINDED & SECURITY DEPOSIT FORFEITEDFOR SUBLETTING IT WITHOUT APPROVAL OR FOR BRIBING A PUBLICOFFICER OR IF CONTRACTOR BECOMES INSOLVENTCLAUSE NO. 26The contract shall not be assigned or subject without the written approval ofthe Engineer-in-charge. And if the contractor shall assign or sublet his contract, orattempt so to do, or become insolvent or commence any proceeding to get himselfadjudicated and insolvent or make any composition with his creditors, or attempt soto do or if bride, gratuity, gift, loan, perquisite, reward or advantage, pecuniary orotherwise shall either directly or indirectly be given, promised or offered by thecontractor or any of his servants or agents to any public officer or person in theemploy of government in any way relating to his office or employment, or if anysuch officer or person shall become in anyway directly or indirectly interested in thecontract, the Engineer-in-charge any thereupon by notice in writing rescind thecontract, & the security deposit of the contractor shall thereupon stand forfeited andbe absolutely at the disposal of government and the same consequences shall ensureas if the contract had been rescinded under clause 3 thereof and in addition thecontractor shall not be entitled to recover or be paid for any work therefore actuallyperformed under the contract.

50SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED ASREASONABLE COMPENSATION WITHOUT REFERENCE TO ACTUALLOSSCLAUSE NO. 27All sums payable by a contractor by way of compensation under any of theseconditions shall be considered as a reasonable compensation to be applied to the useof government without reference to the actual loss or damage sustained, and whetherany damage has or has not been sustained.CHANGES IN THE CONSTITUTION OF FIRM TO BE NOTIFIEDCLAUSE NO. 28In the case of tender by partners, any change in the constitution of a firm shallbe forthwith notified by the contractor to the Engineer-in-charge for his information.DIRECTIONS AND CONTROL OF THE SUPERINTENDING ENGINEERCLAUSE NO. 29All works to be executed under the contract shall be executed under thedirection and subject to the approval in all respects of the Superintending Engineerof the circle, for the time being, who shall be entitled to direct at what points and inwhat manner they are to be commenced, and from time to time carried on.DIRECTION & CONTROL OF THE SUPERINTENDING ENGINEERCLAUSE NO. 30(1) Except where otherwise specified in the contract and subject to the powersdelegated to him by government under the code, rules then in force, the decision ofthe Superintending Engineer of the circle for the time being shall be final,conclusive, and binding on all parties of the contract upon all question relating to themeaning of the specifications, designs, drawings and instructions, here-in-beforementioned and as to the quality or workmanship or materials used on the work, or asto any other question, claim, right, matter, or thing whatsoever, if any way arisingout off, or relating to the contract, designs, drawings, specifications estimates,instructions orders or these conditions or otherwise concerning the works, or theexecution, or failure to execute the same, whether arising, during the progress of thework, or after the completion or abandonment thereof.

512) The contractor may within thirty days to receipt by him of any order passedby the Superintending Engineer of the circle as aforesaid appeal against. it to theChief Engineer concerned with the contract, work or project provided that-a) The accepted value of the contract exceeds Rs. 10 Lakhs (Rs. Ten Lakhs)b) Amount of claim is not less than Rs. 1.00 Lakh (Rupees One Lakh)3) If the contractor is not satisfied with the order passed by the Chief Engineer asaforesaid, the contractor may within thirty days of receipt by him of any such orderappeal against it to the concerned secretary public works department who ifconvinced that prima-facia the contractors claim rejected by SuperintendingSngineer / Chief Engineer isn’t frivolous and that there is some substance in theclaim of the contractor as would merit a detailed examination and decision by thestanding committee, shall put up to the standing committee at government level forsuitable decision. (vide P.W circle No. CAT-1086-CR-110/Bldg-2 Dt. 7/5/86)STORES OF EUROPEAN OR AMERICAN MANUFACTURE TO BEOBTAINED FROM THE GOVERNMENTCLAUSE NO. 31The contractor shall obtain from the departmental stores all stores and articlesof European or American manufacture which may be required for the work or anypart thereof or in making up any articles required thereof or in connection therewithunless he has obtained permission in writing from the Engineer-in-charge to obtainsuch stores and articles elsewhere. The value of such stores and articles as may besupplied to the contractor by the Engineer-in-charge will be debited to the contractorin his account at the rates shown in the schedule, in form A attached to the contractand if they are not entered in the said schedule, they shall be debited to him at costprice which for the purpose of this contract shall include the cost of carriage andother expenses whatsoever, which shall have been incurred in obtaining delivery ofthe same at the stores aforesaid.LUMPSUMP IN ESTIMATESCLAUSE NO. 32When the estimate on which a tender is made includes lump sums in respectof parts of the work, the contractor shall be entitled to payment in respect of theitems of work involved or the part of the work in question at the same rates as arepayable under this contract for each item, or if the part of work in question is not inthe opinion of the Engineer-in-charge capable of measurement the Engineer-inchargemay at his discretion pay the lump sum amount entered in the estimate & the

52certificate in writing of the Engineer-in-charge shall be final and conclusive againstthe contractor with regard to any sum of sums payable to him under the provision ofthis clause.ACTION WHERE NO SPECIFICATIONSCLAUSE NO. 33In the case of any class of work for which there is no such specification as ismentioned in rule 1 of form B-1 such work shall be carried out in accordance withthe divisional specification, and in the event of there being no divisionalspecification, then in such case the work shall be carried out in all respects inaccordance with all instructions & requirements of the Engineer-in-charge.DEFINITION OF WORKCLAUSE NO. 34The expression works or ‘work’ where used in these conditions shall unlessthere be something in the subject or context repugnant to such construction, beconstruct to mean the work of works contracted to be executed under or in virtue ofthe contract whether temporary or permanent and whether original altered substitutedor additional.CONTRACTORS PERCENTAGE WHETHER APPLIED TO NET OR GROSSAMOUNT OF BILLCLAUSE NO. 35The percentage referred to in the tender shall be deducted from / added to thegross amount of the bill before deducting the value of any stock issued.REFUND OF QUARRY FEES & ROYALTIESCLAUSE NO. 36All quarry fees, royalties, octroi, dues and ground rent for stacking materialsif any, shall be paid by the contractor, who will however be entitled to a refund ofsuch of the charges as are permissible under ruled, on obtaining a certificate from theEngineer-in-charge that the materials were required for use on government work.COMPENSATION UNDER WORKMEN’S COMPENSATION ACTCLAUSE NO. 37The contractor shall be responsible for and shall pay any compensation to hisworkmen payable under the workmen’s compensation act 1923, (VIII of 1923)(hereinafter called the said act) for injuries caused to the workmen. If such

53compensation is payable paid by government as principle under sub-section ofsection 12 of the said act on behalf of the contractor, it will be recoverable bygovernment from the contractor under subsection (2) of the said section. Suchcompensation shall be recovered in the manner laid down in clause 1 above.CLAUSE NO. 37 AThe contractor shall be responsible for and shall pay the expenses ofproviding medical aid to any workmen who may suffer a bodily injury as a result ofan accident. If such expenses are incurred by government the same shall berecoverable from the contractor forthwith and to be deducted without prejudice toany other remedy of government from any amount due or that may become due tothe contractor.CLAUSE NO. 37 BThe contractor shall provide all necessary personal safely equipment and firstaid apparatus available for the use of the persons employed on the site, and shallmaintain the same in condition suitable for immediate use at any time and shallcomply with the following regulations in connection therewith.a) The workers shall be required to use the equipments so provided by thecontractors & the contractor shall take adequate steps to ensure proper use of theequipment by those concerned.b) When work is carried on in proximity to any place where there is a risk ofdrawing all necessary equipment shall be provided and kept ready for use and allnecessary steps shall be taken for the prompt rescue of any person in danger.c) Adequate provision shall be made for prompt first-aid treatment of all injurieslikely to be sustained during the course of the work.GOVT. CIRCULAR NO. PWD IID CAT-6076/3336/ (400) /BIDG.2 DATED16/08/1985.CLAUSE NO. 37 CThe contractor shall duly comply with the provision of the Apprentices Act,1961 (III of 1961) the rules made there under and the orders that may be issued fromtime to time under the said Act the said rules and on his failure or neglect to do so,he shall be subjected to all the liabilities and penalties provided by the said act andsaid rules.CLAIM FOR QUANTITIES ENTERED IN THE TENDER OR ESTIMATESCLAUSE NO. 381] Quantities in respect of the several items shown in the tender are approximateand on revision in the tendered rate shall be permitted in respect of any of the items

54so long as, subject to any special provision contained in the specification prescribinga different percentage of permissible variation the quantity of the item doesn’texceed the tender quantity by more than 25% and so long as the value of the excessquantity beyond this limit at the rate of the item specified in the tender is not morethan Rs. 5000/-2] The contractor shall if ordered in writing by the Engineer so to do, also carryout any quantities in excess of the limit mentioned in Sub Clause [1] hereof on thesame conditions as and in accordance with the specifications in the tender and at therate [i] derived from the rates entered in the current schedule of rates and in theabsence of such rates. [ii] at the prevailing in the market, the said rate beingincreased or decreased as the case may be by the percentage which the total tenderedamount bears to the estimated cost of the work as put to tender based upon theschedule of rates applicable to the year in which the tenders were invited. For thepurpose of operation of this clause, this cost shall be taken to be Rs.27,80,248/- (Rs.Twenty seven lakh Eighty thousand Two Hundred Forty eight Only).3] Claims arising out of reduction in the tendered quantity of any item beyond25% will be governed by the provision of clause 15 only when the amount of suchreduction beyond 25% at the rate of the item specified in the tender is more than Rs.5000/- (The clause is not applicable to extra items).4] This clause is not applicable to extra items.5] There is no change in the rate if the excess is more than 25 percent of thetendered quantity. But the value of the excess work at the tendered rates does notexceed Rs. 5,000/-6] The quantities to be paid at the tendered rates shall include :a) Tendered quantity plusb) 25% excess of tendered quantity or the excess quantity of the value ofRs. 5,000/- at tendered rate whichever is more.EMPLOYMENT OF FAMINE LABOURETCCLAUSE NO. 39The contractor shall employ any famine. convict or other labour of aparticular kind or class if ordered in writing to do so by Engineer-in-charge.CLAIM FOR COMPENSATION FOR DELAY IN STARTING THE WORKCLAUSE NO. 40No compensation shall be allowed for any delay caused in the starting of thework on account of acquisition of land or, in the case of clearance works on accountof any delay in according to sanction of estimates.CLAIM FOR COMPENSATION FOR DELAY IN EXECUTION OF THE WORKCLAUSE NO. 41

55No compensation shall be allowed for any delay in the execution of the workon account of water, standing in borrow pits or compartments. The rates areinclusive for hard or cracked soil, excavation in mud, sub soil, water sanding inborrow pits and no claims for an extra rate shall be entertained, unless otherwiseexpressly specified.ENTERING UPON OR COMMENCING ANY PORTION OF WORKCLAUSE NO. 42The contractor shall not enter upon or commence any portion of work exceptwith the written authority and instructions of the Engineer-in-charge or his subordinatein charge of the work. Failing such authority the contractor shall have noclaim to ask for measurements of or payment for work.MINIMUM AGE OF PERSONS EMPLOYED, THE EMPLOYMENT OFDONKEYS AND / OR OTHER ANIMALS AND THE PAYMENT OF FAIRWAGESCLAUSE NO. 43i) No contractor shall employ any person who is under the age of 18 years.ii)iii)iv)No contractor shall employ donkeys or any other animals with breaching ofstring or thin row. The breaching must be at least 3 inches wide and should beof tape (Newar).No animal suffering from sores, lameness or emaciation or which isimmatured shall be employed on the work.The Engineer-in-charge or his agent is authorized to remove from the workany person or animal found working which doesn’t satisfy these conditionsand no responsibility shall be accepted by government for any delay caused inthe completion of the work by such removal.v) The contractor shall pay fair and reasonable wages to the workmen employedby him in the contract undertaken by him. In the event of any dispute arisingbetween the contractor and his workmen on the grounds that the wages paidare not fair and reasonable the dispute shall be referred without delay to theExecutive Engineer, who shall decide the same. The decision of the ExecutiveEngineer shall be conclusive and binding on the contractor but such decisionshall not in any way affect the conditions in the contract regarding thepayment to be made by government at the sanctioned tender rates.vi)vii)Contractor shall provide drinking water facilities to the workers. Similaramenities shall be provide to the workers engaged on large work in urbanareas.Contractor to take precaution against accidents which takes place on accountof labour using loose garments while working near machinery.

viii)56All facillities provided in the Contract Labour (Regulation and Abolition Act.1971). the Maharashtra Contract Labour Regulation and Abolition rule 1971should be provided.METHOD OF PAYMENTCLAUSE NO. 44Payment to contractors shall be made by cheque drawn on any treasury withinthe division convenient to them, provided the amount exceeds Rs. 10. Amounts notexceeding Rs. 10 will be paid in cash.ACCEPTANCE OF CONDITIONS COMPULSARY BEFORE TENDERINGFOR WORKCLAUSE NO. 45Any contractor who doesn’t except these conditions shall not be allowed totender for works.EMPLOYMENT OF SCARCITY LABOURCLAUSE NO. 46If government declares a state of scarcity or famine to exists in any villagesituated within 10 miles of the work. The contractor shall employ upon such parts ofthe work as are suitable for unskilled labour, any person certified to him by theExecutive Engineer, or be any person to whom the Executive Engineer may havedelegated this duty in writing to be in need of relief and shall be bound to pay to suchperson wages not below the minimum which government may have fixed in thisbehalf. Any disputes which may arise in connection with the implementation of thisclause shall be decided by the Executive Engineer whose decision shall be final andbinding on the Contractor.CLAUSE NO. 47The price quoted by the contractors shall not in any case exceed the controlprice, if any, fix by government of reasonable price which it is permissible for him tocharge a private purchaser for the same class and description, the control price orprice permissible under hoarding and profiteering ordinances, 1948 as amended fromtime to time, if the price quoted exceeds the controlled price or the price permissibleunder the provisions of hoarding and profiteering prevention ordinance, thecontractor will specifically mention this fact in his tender along with the reasons forquoting such higher prices. The purchaser at his discretion will in such cases exercisethe right of revising the price at any stage so as to confirm with the controlled priceon the permissible under the hoarding & profiteering prevention ordinance. Thisdiscretion will be exercised without prejudice to any other action that may be takenagainst the contractor.MAHARASHTRA ACT XIX OF 1985 CLAUSE REGARDING TURNOVER TAXVIDE PWD CIRCULAR NO. CAT-1086/CR-330/BLDG-2 DT. 10/6/1987CLAUSE NO. 47 A

57The tendered rates shall be inclusive of all taxes, rates & cesses shall also beinclusive of the tax leviable in respect of the works contract under the provision ofthe Maharashtra Sales Tax on transfer of property in goods involved in the executionof the works contract act 1985 (Maharashtra Act No. XIX of 1985). MaharashtraACT No. XXXVI of 1989 and as amended from time to time will be applicable.CLAUSE NO. 48The tender rates are inclusive of all taxes, rates, cesses & are also in inclusiveof the leviable tax in respect of sale by transfer of property in good involved in theexecution of work contract under the provision of the rule 58 of Maharashtra ValueAdded Tax Act 2005 for the purpose of levy of Tax.CLAUSE NO. 49In case of materials that may remain surplus with the contractor from thoseissued for the work contracted for the date of ascertainment of the materials beingsurplus will be taken as the date of sales for the purpose of sales tax and the sales taxwill be recovered on such sale.CLAUSE NO. 50The contractor shall employ the unskilled labour to be employed by him onthe said work only from locally available labours and shall give perform to thosepersons enrolled Maharashtra Government Employment and self EmploymentDepartment Scheme.Provided, however that if the required unskilled labour are not availablelocally the contractor shall in the first instance employ such number of persons as isavailable and thereafter may with previous permission, in writing of the ExecutiveEngineer in charge said work, obtained the of rest of requirement of unskilled thelabour from outside the above scheme.CLAUSE NO. 51Wages to be paid to the skilled and unskilled laborers engaged by thecontractor.1) The contractor shall pay the laborers skilled and unskilled according to thewages prescribed by the minimum wages Act of 1948 applicable to the area inwhich the work of the contractor is in progress.2) The Contractor shall comply with the provisions of the Apprentices Act, 1961and the Rules and Orders issued thereunder from time to time, if he fails to doso, his failure will be a breach of the contract and the SuperintendingEngineer may in his discretion may cancle the contract. The Contractor shallalso be liable for any pecuniary liability arising on account of any violation byhim of the provisions of the Act.

583) The contractor shall pay the laboures-skilled and unskilled-according towages prescribed by Minimum Wages Act, 1984 applicable to the area inwhich the work is in progress.CLAUSE NO. 52All amounts whatsoever which the contractor is liable to pay to thegovernment in connection with the execution of the work including the amountspayable in respect of (i) materials and or stores supplied / issued hereunder by thegovernment to the contractor (ii) hire charges in respect of heavy plant, machineryand equipment given on the hire by the government to the contractor for theexecution by him of the work and / or on which advances have been given by thegovernment to the contractor shall be deemed to be arrears of land revenue and theGovernment may without prejudice to any other rights and remedies of theGovernment recover the same from the Contractor as arrears of land revenue.GOVERNMENT CIRCULAR NO. : CAT 1284 :(120) BUILDING-2MANTRALAYA MUMBAI 400032. DATED 14/08/1985.CLAUSE NO. 53The contractor shall duly comply with all the provisions of the contract labour(Regulation and Abolition) Act, 1970 (37 to 1970) & the Maharashtra ContractLabour (Regulation & Abolition) rules 1971 as amended from time to time and allother relevant statues and statutory provision concerning payment of wagesparticularly to workmen employed by the Contractor and working on the site of thework. In particular the Contractor shall pay wages to each worker employed by himon the site of the work at the rates prescribed under the Maharashtra Contract Labour(Regulation and Abolition) Rules 1971. If the contractor fails or neglects to paywages at the said rates works or makeshort payment and the government makes suchpayment of wages on full or part thereof less paid by the contractor as the case maybe the amount so paid by the Government to such workers shall deemed to be arrearsof land revenue and the Government shall be entitled to recover the same as suchfrom the contractor or deduct the same from the amount payable by the governmentto the contractor here under or from any other amount (s) payable to him by thegovernment.CLAUSE NO. 54The contractor shall engage apprentice such as brick layer, carpenter, wiremen,plumber, as well as blacksmith by recommended by the State ApprenticeshipAdvisor Director of Technical Education, Dhobi Talaw, Mumbai 400001. In theconstruction work (as per Government of Maharashtra, Education Department No.TSA/5170/T/5689, dated 7/7/1972).

CLAUSE NO. 5559(Government of Maharashtra P.W.D. Resoultion No. CAT-1086/CR-243/K/Bldg. 2Mantralaya, Mumbai. dated 11/8/1987).CONDITIONS FOR MALARIA ERADICATION, ANTI-MALARIA ANDOTHER HEALTH MEASURESa) The anti-malaria and other health measures shall be as directed by the JointDirector (malaria and filaria) of Health Services, Pune.b) The Contractor shall see that mosquitogence conditions are not created so asto keep vector population to minimum level.c) The contractor shall carry out ant-malaria measures in the area as perguidelines prescribed under National Malaria Eradication Programme and asdirected by the joint Director (malaria and filaria) of Health Services, Pune.d) In case of default in carrying out prescribed anti-malaria measures resulting inincrease in malaria incidence, Contractor shall be liable to pay to Governmentthe amount spent by the Government on anti-malaria measures to controlsituation in addition to fine.e) RELATION WITH PUBLIC AUTHORITIESThe Contractor shall make suffcient arrangements for draining away thesewerage water as well as water coming from the bathing and washing placesand shall dispose off this water in such a way as not to cause any nuisance.He shall also keep the premises clean by employing suffcient number ofsweepers. The Contractor shall comply with rules, regulations, bye-laws anddirections given from time to time by any local or public authority inconnection with this work and shall pay fees or charges which are leviable onhim without any extra cost to Government. (Government of MaharashtraP.W.D. Resoultion No. CAT-1086/CR-243/D/Bldg. 2 Mantralaya, Mumbai.dated 11/9/1987).CLAUSE NO. 56The contractor shall take necessary Insurance Policy/ Policies so as to provideadequate insurance cover for execution of the awaited contract work for totalcontract value and complete contract period from the "Directorate of Insurance,Maharashtra State, Mumbai only. Its postal address for Correspondance is "264MHADA, First Floor, Oppossite Kalangar, Bandra (East), Mumbai-400051."(Telephone Nos. 022-26438690 / 26438746 and Fax No. is 022-26438461),Similarly as workmen's appointed to complete the contract work are required toinsure under workmen's compensation Insurance policy. Insurance Poilicy/ Policiestaken out from any other company will not be accepted and the amount of premiumcalculated by the Directorate of Insurance will be recovered directly from the amountpayable to the Contractor for the executed contract work.

CLAUSE NO. 5660Labour Act-1998In view of Govt. of Maharashtra, Industries, Power and Lobour Deptt.Circular No. BCA/2009/Pra. kra 108/ Labour-7-A dated 17/06/2010 on amount of1% (One percent) of cost of construction of work (excluding cost of land) assurcharge (upkar) will be recovered from the contractor before issuing the workorder to start the work. In case of failure to do so the amount will be deducted fromfirst immediate bill for the work from the contractor. No any claim on this accountwill be entertained.

61PRICE VARIATION CLAUSE( Govt. P.W.D. Resolution Date 10/01/1992 )( FOR ELECTRCAL AND ALLIED WORKS )1] If during the Operative period of the contract as defined in condition (i) below, thereshall be any variation ir , the Consumer price Index (New Series) for industrialworkers for Mumbai centre as per the Labour Gazettes published by theCommissioner of Labour, Govt. of Maharashtra and / or in the wholesale priceIndex for all commodities prepared by the Office of Economic Advisor, Ministry ofIndustry. Govt. of India, as compared to the respective figure therefore on the date30 days before the last date prescribed for receipt of tender and / or in the prices ofPetrol/ Oil and Lubricants the subject to the order conditions mentioned below priceadjustment on account of (i) Labour component (ii) Materials component (iii) POLComponent which respectively are 20%, 77%, & 3% of the total cost of the workput to tender, calculated as per the formula hereinafter appearing shall be made(Total of all these components will be 100)A) FORMULA FOR LABOUR COMPUNENTVI = 0.85 P-Cost of Schedule A X K 1 X C 1 -C 0materials used 100 C 0Where,VI = Amount of price Variation in rupees to allowed.P = Cost of work done during the period under consideration.K 1 = Percentage of Labour Component as indicated above.C 0 = Basic Consumer price Index of Solapur centre, ascertained as above on thedate 30 days preceding the list date prescribed for receipts of tender.C 1 = Average consumer Index for Solapur centre ascertained as above. during the period under consideration.

62B) FORMULA FOR MATERIALS COMPONENTVI = 0.85 P-Cost of Schedule A X K 2 X I 1 -I 0materials used 100 I 0Where ,V 2 = Amount of price variation in rupees to allowedP = Cost of work done during the period under considerationK 2 = Percentage of materials component as indicated aboveI 0 = Basic consumer price index ascertained as above on the date 30days preceding the list date prescribed for receipts of tenderI 1 = Average Consumer price Index ascertained as above during theperiod under consideration( C ) FORMUAL FOR PEROL , OIL AND LUBRICANT COMPONENTVI = 0.85 P-Cost of Schedule A X K 2 X P 1 -P 0materials used 100 P 0Where ,V3 = Amount of price variation in rupees to allowed .P = Cost of work done during the period under consideration.K 3 = percentage of petrol, oil and lubricant componentP 0 = Average price of H.S.D. for Mumbai , on the date 30 days precedingThe list date of receipt of tender.P 1 = Average price of H.S.D. for Mumbai during the period under consideration(I)(i)CONDITIONS REFERED TO IN PARAGRAPHIThe operative period of the work means the period commencing form date ofthe work under tender to the contractor ending on the ate when the time allowedfor the work specified in the memorandum under the tender for the work expirestaking into consideration the extension of the time , if any for completion of thework granted by the engineer-in-charge under the relevant clause of thecondition of the contract in cases other than those where such extension isnecessitated on account of default of the contractor , The decision of theEngineer-in-charge as regards the operative period of the contract shall e final &binding on the contractor , where compensation for liquidated damage is leviedon the contractor on account of delay in completion or inadequate progress

(ii)(iii)(iv)63under the relevant contract provision the escalation amount for the balance workfrom the date of levy of the compensation shall be worked out be pegging theindices C-1, I-1 and P-1 to levels corresponding to the date from which suchcompensation is levied.This price variation clause shall apply to all contracts in B-1, B-2 and B formsbut shall not apply for piece works.Price Variations shall be calculated in accordance with the formula mentionedabove, separately for Labor, Materials & POL Components.Price variation shall not be payable for the extra items to be executed during thecompletion of the work & also on the excess quantities payable under the clause38 of the contract From B-1 since the rates payable for the extra items of extraquantities under clause 38/37 are to be fixed as per current DSR or as mutuallyagreed, subject to yearly revision till completion of such work. In other works,when completion / execution of extra items as well as extra quantities underclause 38/37 of the contract form B-1 / B-2 extends beyond the operative date ofthe then DST the rates payable for the same beyond that date shall be revisedwith reference to next current DST prevalent at the time on year to year basis orrevised accordance with mutual agreement therein as provided for in thecontract, whichever is less.This clause is operative both ways i.e. if the price variation in the said Wholesale priceIndex (New Series) or price of HSD for Mumbai on the plus side, payment on account ofthe price variation shall be allowed to the contractor and if it is on negative side, the Govt.shall be entitle to recover the same form the contractor and the amount shall be deductiblefrom the contractors bill for the respective period in which there are fluctuations.

64(On Stamp Paper worth Rupees 100/-)ÃÖŸμÖ¯ÖÏן֖ÖÖ »ÖêÖ (Affidavit)´Öß ..................................................................................... ¾ÖμÖ .......... ¾ÖÂÖì ......... ¸üÖÆüÖÖ¸ü ............................................................................ μÖÖ ÃÖŸÖμÖ¯ÖÏן֖ÖÖ »ÖêÖÖ«üÖ¸êü ×»ÖÆæü−Ö ¤êüŸÖÖê úß, ´Öß ........................................................................ μÖÖ Óú¯Ö−Öß“ÖÖ / ±ú´ÖÔ“ÖÖ ¯ÖÏÖê¯ÖÏÖμÖü¸ü / ³ÖÖÖߤüÖ¸ü †ÃÖæ−Ö ........................................................................................... μÖÖ úÖ´ÖÖÃÖÖšüß ×−Ö×¾Ö¤üÖ ÃÖÖ¤ü¸ü êú»Öß †ÖÆêü. ÊÖ ×−Ö×¾Ö¤êü“μÖÖ Envelope No. 1´Ö¬μÖê •Öß úÖÖ¤ü¯Ö¡Öê ÃÖÖ¤ü¸ü êú»Öß †ÖÆêüŸÖ ŸÖß Ö¸üß, ²Ö¸üÖê²Ö¸ü ¾Ö ¯ÖæÖÔ †ÖÆêüŸÖ. ÊÖ´Ö¬μÖê úÖêÖŸμÖÖÆüß ¡Öãüß “ÖãúÖ −ÖÖÆüßŸÖ †ÃÖê¿Ö¯Ö£Ö¯Öæ¾ÖÔú ´ÖÖ−μÖ ú¸üßŸÖ †ÖÆêü. ÊÖ úÖÖ¤ü¯Ö¡ÖÖ´Ö¬μÖê úÖÓÆüß “Öãúß“Öß ×¤ü¿ÖÖ³Öæ»Ö ú¸üÖÖ¸üß, ÖÖêüß ŸÖÃÖê“Ö †¯ÖæÖÔ ´ÖÖ×ÆüŸÖ߆֜üôû»μÖÖÃÖ ´Öß úÖμÖ¤êü¿Ö߸ü úÖμÖÔ¾ÖÖÆüßÃÖ ¯ÖÖ¡Ö †ÖÆêü ¾Ö ¸üÖÆüß−Ö.Óú¡ÖÖü¤üÖ¸üÖ“Öß ÃÖÆüß

65STATEMENT - ISTATEMENT OF LIST OF WORKS IN HAND AND WORKS TENDERED FOR ASON LAST DATE OF SUBMISSION OF THIS TENDER.NAME OF CONTRACTOR :(i) WORKS IN HANDSr. Name Agree Tendered Date Stipulate Value Value of ProbablNo of ment Amount. of d date of of work Balance e date. work No.comm completio already work to be ofencemn.done.executed completiin next 12 on.ent.( Twelve )months1 2 3 4 5 6 7 8 9 10SAMPLE FORMRemarks(ii) WORKS TENDERED FORExecutive EngineerSr.No.Name ofworkName andAddress ofClient.TenderedAmount.TimelimitProbable datewhen decision isexpectedOtherrelevantdetails, ifany.1 2 3 4 5 6 7SAMPLE FORMExecutive EngineerNote : 1) This is only a standard form. Details are to be furnished inthis format in the form of type written statements whichshall be Scanned enclosed in envelope No.1 duly singed.2) The documentary proof of work in hand/ works tendered forshould be submitted also be Scanned with this statement dulyattested by Gazetted Officer of P.W. Department.Signature of Contractor.

66STATEMENT - IISTATEMENT SHOWING THE DETAILS OF OWN/HIRE MACHINERYIMMEDIATELY AVAILABLE WITH TENDERER FOR THIS WORK.NAME OF CONTRACTOR :Sr.NoName ofequipmentNo. ofUnitsKind andmakeCapacityAge andcondition.PresentLocation.Remarks1 2 3 4 5 6 7 8SAMPLE FORMNote : 1) This is only a standard form. Details are to be furnished in thisformat in the form of type written statements which shall bescanned enclosed in envelope No.1 duly singed..2) The documentary proof of having own/hire machinery should alsobe scanned and submitted with this statement duly attested byGazetted Officer.STATEMENT - III

67STATEMENT SHOWING THE DETAILS OF ONE WORK OF SIMILAR TYPEAND 30% MAGNITUDE CARRIED OUT BY THE CONTRACTOR DURING LASTTHREE YEARS.NAME OF CONTRACTOR :Sr.No.NameofworkName andaddress of theorganizationfor whom thework wasdone.PlaceandcountryAgreementNo.andDate.DateofcommencementTenderedcost.TotalCost ofworkdone.Actualdate ofcompletionRemarks(Principalfeaturesin brief.)1 2 3 4 5 6 7 8 9 10SAMPLE FORMExecutive EngineerNote :This is only a standard form. Details are to be furnished in this format inthe form of type written statements which shall be scanned enclosed inenvelope No.1 duly signed. The documentary proof of similar type ofdone and magnitude should also be scanned and submitted withstatement.STATEMENT - IV

68STATEMENT SHOWING THE DETAILS OF TECHNICAL PERSONNELAVAILABLE WITH CONTRACTOR WHICH CAN BE SPARED EXCLUSIVELYFOR THIS WORK.NAME OF CONTRACTOR :Sr.NoName ofPersonDesignation. Qualification Whetherworking infield or inoffice.ProfessionalExperience ofexecution ofsimilar works.Period forwhich theperson isworkingwith thetenderer.1 2 3 4 5 6 7 8RemarksSAMPLE FORMNote :This is only a standard form. Details are to be furnished in this format inthe form of type written statements, which shall be scanned enclosed inenvelope No.1 duly signed. The documentary proof of his Technicalpersons should also be scanned and submitted with this statement.Signature of Contractor.

69GOVERNMENT OF MAHARASHTRAPUBLIC WORKS DEPARTMENTELECTRICAL DIVISION, OSMANABAD.SCHEDULE ‘A’Schedule showing { approx } the materials to be supplied from thedepartmental stores for work contracted to be executed and preliminary and ancillaryworks and the rates at which they are to be charged for the construction work.Name Of Work :- Est.No. 124/2013-14 Providing APFC Panel (800KVAR x 2 Nos) at Dr. Shankarrao Chavan Govt.Medical College Vishnupuri Tq. Dist. Nanded.Sr.No.Particulars Quantity QuantitiesRate at which the materialswill be charged to becontractor---Nil ---Place of DeliveryNOTE :The person or firm submitting tender should see that rates in the above schedule arefilled up by the Executive in-charge on the issue of from prior to the.Signature of ContractorEXECUTIVE ENGINEERP.W. ELECTRICAL DIVISION,OSMANABAD

70NOTES1) The rates mentioned in Schedule 'A' are inclusive of all taxes and storagecharges.2) The person or the firm submitting the tender should see that the rates inthe above schedule are filled up by the Executive Engineer-in-charge onthe issue of the form prior to the submission of the tender.3) The contractor should furnish the account of all materials before placingdemand for further mateiral and furnish full account of all materials to thedepartment. If any material remained unused with the Contractor, heshould return the same to the department. In the event of non return ofsuch material recovery at panel rate of twice the issued rate with S.T. andG.T. will have to be effected from the Contractor.4) Cement can reckoned for the purpose of issue at 20 bags per tonneirrespective of actual rate. Loss arising of shortage or weight in each bagshall be governed by the provisions and the conditions 20.1(i) or specialconditions of contract. The rate quoted should correspond to this methodof reckoning5) No claims for extra payments on account of delay in supply of thematerials will be entertained.6) The quantities indicated in the above schedule are approximate and mayvary as per actual requirement as ascertained by the Engineer-in-charge.7) The charges for loading, unloading, conveyance etc. for the materialsshown above from the place of delivery to the site of work will be borneby the contractor & deemed to be included while quoting for the tender.All the materials shall be made available for delivering on working daysduring office hours.8) All the materials mentioned in Schedule A required for the work shall betaken from the department only. The materials from the outer sources inliue of materials in Schedule A shall not be allowed except under writtenpermission from the Executive Engineer. The samples of such materialsshall tested at the contractor’s cost. The materials not confirming to therequired standard shall be removed by the contractor at once from the siteof work at his own cost.9) The Contractor will have to construct a shed with double lockingarrangements at his own cost.10) If the controlled materials viz. cement, steel lie unused with the contractorafter completion of the work and if they are not returned the contractorshall pay such materials double rate (a) which the materials were issued tohim. Recovery of S.T. and G.T. on cost of surplus materials which are notreturned by the contractor will be levied.11) Proper account of day to day consumption of materials as per Schedule Abe maintained by the contractor or his authorized representative on site &it shall be checked by the Departmental officer every day in token of itscorrectness.

71SCHEDULE “B”Name of Work :- Est.No. 124/2013-14 Providing APFC Panel (800KVAR x 2 Nos) at Dr. Shankarrao Chavan Govt.Medical College Vishnupuri Tq. Dist. Nanded.S.N. Qty. Description Rate Amount inWords1 2 Supply,installing,testing & commissing 1390124.00 Thirteen Lakhmanual/Auto power load correction panelNinetyof 800 KVAR 440 V,3 phase, 50thousand onecycles,Thyrister switched Micro APFChundredpassive filter panel,consisting of suitabletwenty foursteps of Heavy Duty/APP type capacitorand paise nilunits confirming to IS-13585 ( Part-1)only1994 with Harmonic filterreactors,compartmentlised suitable for1280 KW load.It should be installed in adequate sizeCRCA sheet 16 SWG powder coatedpanel with following detalis.1) Powder coated panel : 012)1600 A ACB,with ammeter,Voltmeterwith necessary CTS,Leads,phaseindicatorlamps and protection fuses etc :1 set3) 200 A SDF with HRC fuses : 3 Nos4) 160 A SDF with HRC fuses : 8 Nos5) 63 A SDF with HRC fuses : 3 Nos6) 32 A SDF with HRC fuses : 2 Nos7) Heavy duty capacitor contactor: 3 NosMPX + 100 KVAR8) Heavy duty capacitor contactor : 8 NosMPX + 50 KVAR9) Heavy duty capacitor contactor:3 NosMPX + 25 KVAR10) Heavy duty capacitor contactor : 1 NoMPX + 15 KVARUnitAmtEach 2780248.00

7211) Heavy duty capacitor contactor : 1 NoMPX + 10 KVAR12) 16 steps APFC Relay-Intelligentrelay13) Cooling fans :2 set14) Harmonic filter reactor circuit suitableto filter harmonics upto 17th.harmonicsSteps of capactor design should beapproved by Engineer-in-charge alsofactorytesting necessory with satisfactorycertificate.Total 2780248.00Say Rupees 27,80,248/-(Rs. Twenty seven Lakh Eighty Thousand Two Hundred Forty eight Only)Executive EngineerP.W. Electrical Division,Osmanabad

73ANNEXTURE-IIList of Recommended makes of Major MaterialsSr. No. Item Approved make1 APFC Panel L&T, / ABB / Schneider234567891011Note :-1) ISI License mark issued by Bureau of Indian Standard/ approvalaccorded by Chief Engineer (Electrical) P.W.D. Mumbai shall be validduring the period of completion of work.2) If necessary, materials will be tested from ISI or any approvedlaboratory for verifying the geniuses of product.Executive EngineerP.W. Electrical Division,Osmanabad.

74PERFORMANCE GUARANTEEIn consideration of the Governor of Maharashtra excersing the executivepower of the Government of the State of Maharashtra (hereinafter referred to as “theGovernment”) having agreed to purchase from______________________________________________ a company / society /partnership firm carrying on business of _______________________________________________Act / Shri. _________________________soleproprietor of ________________________________________________ & havingits / their registered office at -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (hereinafterreferred to as “the Contractor/s”) ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (Please giveparticulars of the instruments to be purchased) for_____________________________________ (hereinafter referred to as “the saidinstruments”) on the terms and conditions contained in the tender submitted by theContractor/s under his/ their letter No. ______________ dated _____________ dayof ________ 20 ________ and accepted by the Government by its letter No.__________ dated __________ day _______ of _________ 20________ addressedto the Contractor/s (hereinafter called “the said agreement”) providing interalis, thatthe Contractor/s shall furnish to the Government a Bank Guarantee from anyscheduled bank in India in the sum of Rs. (Rupees__________________________________________________________________________________________) assecurity for due observance & performance by the Contractor/s of the terms &conditions of the said Agreement, the Contractor/s hereby furnishes to theGovernment a bank Guarantee from a Schedule Bank in India in the like amount inthe manner hereinafter contained,1) We the undersigned --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------incorporated under the -------------------------------------------------------------------------------------------------------- actand having one of our local offices at ----------------------------------------------------------------------------------------------------------------------------------------------------------------do hereby guarantee to the Government.

75a. Due performance and observance by the Contractor/s of all the terms &performed by the Contractor/s including the convernant by the contractor/sto duly carry out & make good the defect in the defect in the saidinstruments which may be found during the warranty period on accountfaulty materials or parts used in the said instruments’ or defectiveworkmanship and/ or any deviation from the approved design or any othercause whatsoever.b. Due and satisfactory performance of the said instruments includingmaintenance & repairs thereof during the warranty period of 12 Monthsfrom the date of purchase.c. Due and punctual payment by the contractor/s to the Government of allsums of money losses, damages, costs, charges, penalties, & expenses thatmay become due to payable to the Government by or from the contractor/sby reason of or in consequences of any breach, non-performance or defaultby the Contractor’s of the terms, consequences of any breach, nonperformanceof default by the Contractor/s of the terms, convenants &conditions of the said Agreement.2. AND WE, do hereby agree & undertake that we shall pay to the Governmentforthworth on demand on amount not exceeding Rs. --------------------------------------------- Rupees____________________________ ----------------------------------------only) orsuch less sum as may be demanded by the Government from us & by way ofindermnity on account of any loss.d. We shall not be released or discharged from the liability under thisguarantee by reason of.i. any change in the construction of the bank or of the contractor/s.ii. any arrangement made between the Govt. and the Contractor/s with orwithout our consent.iii. Any forbearance or indulgence shown to the Contractor/s.iv. Any variations in the terms, convenants or conditions contained in the saidAgreement.v. Any time given to the Contractor/s or

76vi. Any other conditions, or circumstances under which in law a surety wouldbe discharged.e. Our liability hereunder shall be joint & several with that of theContractor/s as if we were the principal debtors in respect of the amount soascertained as aforesaid andf. We shall not revoke this guarantee during its currency except with theprevious consent in writing of the Government, PROVIDED ALWAYS that notwithstanding anything herein before contained our liability under this Guaranteeshall be limited to the said sum of Rs. ---------------------------------------------------------------------(Rupees ---------------------------------------------------------------------------------------------------------------------------------------------------------------- only) and shall remain force until the ________ day of ______20 _____ ordamaged caused to our suffered by the Government by reason of any breach, nonperformanceor default by the contractor/s of the terms, convenants & conditionscontained in the said Agreement including the aforesaid convenant for satisfactoryperformance of the said instruments, repairing & making good any part of the saidinstruments which found to be defective during the warranty period and/ or of thedue and punctual payment by the contractor/s to the Government of all sums ofmoney losses, damages, costs, charges, & expenses that may become due andpayable by the contractor/s to the Government under the said Agreement.3. AND we hereby further agree that.a. the demand made by the ____________________ for and on behalf ofthe Government shall be final & binding on us & we shall not dispute our liability asto the amount or raise any objections on the ground that the Contractor/s has/ havenot committed any breach or default of the said terms & convenants & conditions ofthe said Agreement of any other grouns whatsoever.b. This guarantee shall be valid for the entire period during which the saidAgreement is in operation including the warranty period specified for the saidinstruments.c. The guarantee shall continue to be enforceable till and the dues of thegovernment under or by virtue of he said Agreement have been fully paid & itsclaims satisfied or discharged or till _______________ for and on behalf of theGovernment certified that terms and conditions of the said Agreement have been

77fully and properly carried out by the Contractor/s & accordingly made on as inwriting on/or before the ________ day _____20 _____ we shall be discharged termall this guarantee thereafter IN WITNESS WHEREOF the common seal of________________________ Bank was pursuant of the resolution of its and ofdisrectors passed at its meeting duly convented & held on the ______ day _______19 ______ hereto affixed in the presence of.-----------------------------------------------------------------------------------------------------------------------------------------------&-----------------------------------------------------------------------------------------------------------------------------------------------&being respectively ------------------------------------------------------------------------------------------------------------ &of the Bank who, in token thereof, have hereto set their respective hands in thepresence of1. ____________________________________________________2.

78GOVERNMENT OF MAHARASHTRAPUBLIC WORKS DEPARTMENTELECTRICAL DIVISION, OSMANABAD.Name Of Work :- Est.No. 124/2013-14 Providing APFC Panel (800KVAR x 2 Nos) at Dr. Shankarrao Chavan Govt.Medical College Vishnupuri Tq. Dist. Nanded.DECLARATION OF THE CONTRACTOR(SEE PARA 7 OF DETAILED TENDER NOTICE)I/We hereby declare that I/We have made myself/ ourselves throughconversant with the local condition regarding all materials and labour on which I/Wehave based MY/ OUR rates for this Tender. The specifications and leads on thiswork have been carefully studied and understood before submitting this Tender.I /We under to use only best materials approved by Executive Engineer or hisduly. Authorized assistant during execution of the work and to abide the decisions.DATECONTRACTOR

79GOVERNMENT OF MAHARASHTRAPUBLIC WORKS DEPARTMENTELECTRICAL DIVISION, OSMANABAD.Name Of Work :- Est.No. 124/2013-14 Providing APFC Panel (800KVAR x 2 Nos) at Dr. Shankarrao Chavan Govt.Medical College Vishnupuri Tq. Dist. Nanded.DRAWINGFOLLOWING DRAWING ARE INCLUEDE IN THIS TENDER DOCUMENT1} Providing APFC Panel (800 KVAR x 2 Nos) at Dr. Shankarrao ChavanGovt. Medical College Vishnupuri Tq. Dist. Nanded.EXECUTIVE ENGINEERP.W. ELECTRICAL DIVISION,OSMANABAD