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MUNICIPAL CORPORATION OF GREATER MUMBAICENTRAL PURCHASE DEPARTMENT

566, N.M. JOSHI MARG, MUMBAI - 400 011.

This is e-Tender

No.CPD/Dy.Ch.Eng./Advt./ 12 /A.E.- 4 Dated 24 /05/2013

The Commissioner of Municipal Corporation of Greater Mumbai invites the following online tender.

The tender copy can be downloaded from MCGM s portal (http://www.mcgm.gov.in) under

e-Procurement section.

All interested vendors, whether already registered or not registered in MCGM, are mandated to

get registered with MCGM for e-Tendering process and obtain Login Credentials to participate in the

Online bidding process. The details of the same are available on the above mentioned portal under

'Tenders'. For registration, enrollment for digital signature certificates and user manual, please refer to

respective links provided in 'Tenders' tab.

The vendors can get digital signature from any one of the certifying Authorities (CA's) licensed by

the Controller of Certifying Authorities namely Safes crypt, IDRBT, National Informatics Centre, TCS,Customs, MTNL, GNFC and e-Mudra. MCGM has also opened a Help-desk at the CPD's office to help

the vendors in this regard.

The technical and commercial bids shall be submitted online up to the end date & time mentioned

below.

E-Tender Price

Sr.

No.

1.

Description

EMDRs.

Start date &Time for

online BidDownloading

28/05/2013

11:30hrs

End date &Time for

online BidSubmission

27/06/2013

Up to16:00 hrs

Supply of Tools & Equipment for

Hydraulic & Other Dept of

MCGM

Bid No.7100017318

2,762/-

+ 138/-(5%VAT)

_______________

Rs.2,900/-

55,000/-

Supply of Sweeping Brushes,4,952/-

Pysaba & Scrubbing brushes for + 248/-(5%VAT)98,950/-28/05/201327/06/2013

Up to 16:00 hrsSWM & other Dept of MCGM._______________11:30hrs

(50% reserve of BlindRs.5,200/-

institute)

Bid No. 7100017317

3. Supply of Powars Steel, Picks & 1,000/-

Shovels for SWM & other Dept+ 50/-(5%VAT)30,500/-28/05/201327/06/2013

Up to 16:00 hrsof MCGM_______________11:30hrs

Bid No.7100017316Rs.1,050/-

Note :- Last date submitting DD/BG/SD for paying EMD is 27 .06.2013 upto 16.00 hrs

The tender document is available on MCGM portal (http://www.mcgm.gov.in) along with this

tender notice. However, the tenderer shall have to pay "e-tender price" through online payment gateway

before downloading and uploading the tender document in SRM Module.

EMD will be accepted either in the form of Demand Draft (DD) or Bank Guarantee (B.G.). The

B.G. shall be valid for period of 6 months from end date of the tender. The vendors having Standing

Deposits with MCGM are exempted from paying EMD.

EMD exemption against Standing Deposits applicable for tender amount, are as follows:-

Class Tender Estimate Cost (In Lacs Rs.) Standing Deposits as per Class (In Lacs Rs.)

2.

A

B

C

D

Without Limit

upto 300

upto 200

upto 100

7.5

5.0

3.0

1.5

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The Tenderer registered in MCGM with standing Deposit stated in class B, C & D mentioned

above can also participate in the tender having estimated cost more than the limit mentioned against their

standing deposit by paying the requisite difference between EMD of the tender and standing deposit paid

by them. Bank Guarantee will be confirmed from original Bank and if found Bogus/Forged, the necessary

penal action like criminal prosecution including Black listing etc will be initiated

For deposition of DD/BG/Standing Deposit refer General Instructions to the Tenderer and articles

of agreement for procurement of General Materials available on MCGM s portal (http://www.mcgm.gov.in)

under the tab 'Tenders Tenders/Quotation Manuals Articles of Agreement Central Purchase

Authority'

The D.D. should be drawn in favor of Municipal Corporation Of Greater Mumbai payable atMumbai.

The Authority (MCGM) shall not be liable for any omission, mistake or error in respect of any ofthe above or on account of any matter or thing arising out of concerning or relating to the tender or the

Bidding Process, including any error or mistake therein or in any information or data given by theAuthority.

The Municipal Commissioner reserves the right to reject all or any of the e-tender(s) without

assigning any reason at any stage.

Tenders shall note that any corrigendum issued regarding this tender notice will be published on

the MCGM portal only. No corrigendum will be published in the local newspapers.

By Order of the

Commissioner of Municipal Corporation of Greater Mumbai

Sd/-

Dy. Chief Engineer (CPD) i/c

For details of tender documents

1) Supply of Tools & Equipment for Hydraulic & Other Dept of MCGM

2) Supply of Sweeping Brushes, Paisaba & Scrubbing brushes for SWM & other Dept of MCGM.

3) Supply of Powars Steel, Picks & Shovels for SWM & other Dept of MCGM

please scroll down

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MUNICIPAL CORPORATION OF GREATER MUMBAICentral Purchase Department

566,N M Joshi Marg Byculla (W), Mumbai 400 011

This is e-Tender

TENDER DOCUMENT

Subject : Supply of Tools and Equipments (Different Types of Spanners, Wrenches

and crow Bars for MCGM

Tender No. Dy Ch Eng/CPD/ 21 /TDR/AE 4/ R 1 of 2013-2014Supply of Spanners, Wrenches and crow Bars for r MCGM

Contract Period : One year from the date of acceptance letter.Earnest Money Deposit (EMD):Rs 55,000/-

Item No.1

Due On 27.06.2013 (At 16.00 Hrs)

SPECIFICATIONRing Wrenches(Spanners) :- conforming to IS 2029:1998 or latestType :- A crank Double ended Ring wrenches (spanners) as per Torque series A as per IS

2029 : 1998 or latest (As per table 1 ) of following Sizes1)Ring Spanner IS 2029 A series - C - 6 x 7 (Nominal width Across flat)2)Ring Spanner IS 2029 A series - C - 7 x 8 (Nominal width Across flat)

3)Ring Spanner IS 2029 A series - C - 8 x 9 (Nominal width Across flat)4)Ring Spanner IS 2029 A series - C 8 x 10 (Nominal width Across flat)

5)Ring Spanner IS 2029 A series - C -10 x 11 (Nominal width Across flat)6)Ring Spanner IS 2029 A series - C -12 x 13 (Nominal width Across flat)



11)Ring Spanner IS 2029 A series - C -18 x 21 (Nominal width Across flat)12)Ring Spanner IS 2029 A series - C 19 X 24 (Nominal width Across flat)



17)Ring Spanner IS 2029 A series - C- 25 x 28 (Nominal width Across flat)18)Ring Spanner IS 2029 A series - C -30 x 32 (Nominal width Across flat)

Double Ended open Jaw Wrenches (Spanners) :- conforming to 2028:1998 or latest Type :-

General purpose (Torque series C as per table 2 of IS 2028 of 1998 or latest ) of followingsizes

1) DE-GP series- IS 2028 C - 6 x 7 (Nominal width Across flat)2) DE-GP series- IS 2028 C - 8 x 9 (Nominal width Across flat)

3) DE-GP series- IS 2028 C -10 x 11 (Nominal width Across flat)4) DE-GP series- IS 2028 C -12 x 13 (Nominal width Across flat)

5) DE-GP series- IS 2028 C -14 x 15 (Nominal width Across flat)6) DE-GP series- IS 2028 C -15 x 16 (Nominal width Across flat)7) DE-GP series- IS 2028 C -16 x 17 (Nominal width Across flat)

8) DE-GP series- IS 2028 C -16 x 18 (Nominal width Across flat)

9) DE-GP series- IS 2028 C -18 x 19 (Nominal width Across flat)10) DE-GP series- IS 2028 C -18 x 21 (Nominal width Across flat)

11)DE-GP series- IS 2028 C -20 x 22 (Nominal width Across flat)12)DE-GP series- IS 2028 C- 21 x 23 (Nominal width Across flat)

13)DE-GP series- IS 2028 C- 24 x 26 (Nominal width Across flat)14) DE-GP series- IS 2028 C- 25 x 28 (Nominal width Across flat)

15) DE-GP series- IS 2028 C- 27 x 30 (Nominal width Across flat)16) DE-GP series- IS 2028 C- 30 x 32 (Nominal width Across flat)

Steel Hammers:- (Conforming to IS 841 of 1983 or latest with wooden Handle which must

conforming to IS 4953 of 1973 for item no 1 2 & 3 only)1) Ball pein Hammers 500 Grams IS 841

2) Ball pein Hammers 800 Grams IS 8413) Ball pein Hammer 1000 Grams IS 841

4) Double Face Sledge Hammers 500 gms IS 8415) Double Face Sledge Hammers 1000 gms IS 841

6) Double Face Sledge Hammers 1500 gms IS 841

2

3

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7) Double Face Sledge Hammers 2000 gms IS 8418) Double Face Sledge Hammers 4000 gms IS 8419) Double Face Sledge Hammers 5000 gms IS 84110) Double Face Sledge Hammers 7500 gms IS 841

4 Hand Chisel ( Conforming to IS 402 of 1964 or latest):-

1) Flat Chisel Steel 20 X 150 IS 4022) Flat Chisel Steel 25 x 200 IS 402

3) Flat Chisel Steel 32 x 300 IS 4024) Diamond Point Chisel Steel 8 X 150 IS 402

5) Diamond Point Chisel Steel 12 X 200 IS 402

6) Diamond Point Chisel Steel 16 X 300 IS 402

Pipe Wrenches for General Purpose conforming to IS 4003 ( Part 1):1978 or latest1) Pipe Wrenches G 200 IS 4003 ( Part 1)

2) Pipe Wrenches G 250 IS 4003 ( Part 1)3) Pipe Wrenches G 300 IS 4003 ( Part 1)

4) Pipe Wrenches G 350 IS 4003 ( Part 1)5) Pipe Wrenches G 450 IS 4003 ( Part 1)

6) Pipe Wrenches G 600 IS 4003 ( Part 1)7) Pipe Wrenches G 900 IS 4003 ( Part 1)Octagonal Crow Bar (Ordinary ) with Hammer & Chisel Ends conformint to IS 704 :1984 (As

per table 1)1) Width across flat 25 mm x 1650 mm length

2) Width across flat 32 mm x 1650 mm length

5

6

SPECIAL NOTE :

TENDERERS ARE REQUESTED TO GO THROUGH THE e- TENDER GUIDELINES ON MCGM PORTAL

(http://mcgm.gov.in).

All interested vendors, whether already registered or not registered in MCGM, are mandated to get registeredwith MCGM for e-Tendering process, Login Credentials to participate in the Online bidding process on the

above-mentioned portal under e-Procurement

SPECIAL DIRECTIVES TO THE TENDERERS

1 QUALIFICATIONCRITERIA FOR

TENDERER/MANUFACTURER

VALIDITY

Only manufacturers and/or their authorized dealers should quote their offers.The authorized dealers will have to upload their offers along with the letter of

authority from the manufacturers as per the accompanying format(*Annexture-7) failing which tender will not be considered.Both the manufacturers and their authorized dealer may quote their offer

Every tender shall remain open for acceptance for a minimum period of 90days from the date of opening of tender. Tenders specifying validity less than90 days shall be rejected outright.

After opening of Commercial bid, Lowest tenderer must submit duly labeled &sealed sample of items listed above within 7 working days from date of

intimation in the office of Deputy Chief Engineer (CPD), 566, N. M. JoshiMarg, Byculla (W), Mumbai- 400 011, failing which it will be open to the

department to consider the tender as Non-Responsive1) The tenderer must test the sample form Govt/Govt approved/ Labs having

NABL accreditation as per the annexture for the material mentioned in the

tender.2)The test report of tested sample must be uploaded along with the tender3) Tenderer who have participated in e tender under bid No 7100004504 due

on 30.11.2012 for the same subject and have submitted the valid test reportsare allowed to upload the same for this tender

4) Tenders received with out test report will not be considered.5)Stipulations that the supply will be as per last years' sample will not be

accepted.6)The test reportfrom the Govt/Govt approved /lab having NABL

accreditation is not found satisfactory,i.e.Not found as per MCGMspecification and requirements the tenderer shall be considered as Nonresponsive.

1) Sample from supply lot will be drawn on random basis, jointly by the

representative of CPD, user Dept. and the representative of supplier forin house testing.

2

3 SAMPLE OFLOWEST

BIDDER

4 PRE TEST SAMPLEREPORT

5 SUPPLY

TESTING

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6 REPLACEMENT OFREJECTED

MATERIAL

SOLVENCY7

8 PAYMENT OF EMD

Probability of sample testing should be(i) Three times during the one year contract period and(ii) Six times during the two years contract period.

3) If the test report of the supply sample is not found as per MCGM

specification, the supply shall be rejected andi) If the default committed by the tenderer/supplier is of first time he is

liable for penalty up to 20% of the total purchase cost andii) If the default committed is of second time, the firm shall be blacklisted

for a period of three years andiii) If the default committed is of third time or more than that, the firm shall

be permanently blacklisted.

4) The supplier shall mention lot number for his supply.5) Test report of in house testing of supply sample will be considered as finaland no correspondence will be entertained in this regard.

6) The supply sample will be used for testing etc. and therefore, will not bereturned to the Tenderer and the cost thereof will not be reimbursed.

8) The in house test results will be circulated to all departments who havereceived material from the supplied lot. User department should not use

the supplied material unless & until the test report is received.9) The Sample from the supply destroyed in testing is to be replaced free of

cost by the supplier.10) Necessary action regarding defective supply/incomplete supply/delay

supply and dispute if any, with the vendor shall be resolved by the user

department with the help of the competent authority.11) No payment should be made to the contractor unless the samples from

the supplied lot are found as per MCGM specifications and requirements.

Tenderer/contractor shall have to replace rejected Material with approved one.The supplier should remove the rejected Material within 15 days failing which

the same will be disposed off by M.C.G.M. at the risk and cost of contractorswithout any further correspondence in this regards.

The tenderer should upload solvency certificate for minimum of Rs. 10 Lakhsfrom the Nationalized/Scheduled/Foreign bank issued valid for 12 months and

the issue date should not be more than 6 months prior to due date of tender.EMD will be accepted either in the form of Demand Draft (DD) or Bank

Guarantee (B.G.).The format of the B.G.is to be uploaded in the system as perAnnexure 12 in PACKET A . The B.G. shall be valid for 6 months from the

end date of the tenderThe vendors having standing deposit with MCGM are exempted from paying

EMD The Scan copy of valid standing deposit receipt shall be uploaded inPACKET A .EMD exemption against Standing deposits, applicable for tender

amount,are as follows:-

Estimated amount of Standing Deposit in Lacsthe tender

1AWithout Limit7.52B3005.0

3C2003.04D1001.5

The Tenderer registered in MCGM with standing Deposit stated in class B,C &D mentioned above can also participate in tenders by paying the requisite

difference between EMD of the tender and standing deposit paid by them .Bank Guarantee will be confirmed from original Bank and if foundBogus/Forged ,the necessary penal action like criminal prosecution including

Black listing etc will be initiatedFor deposition of DD/BG/SD refer General Instructions to the Tenderer andarticles of agreement for procurement of General Materials)

The D.D. should be drawn in favor of Municipal Corporation Of GreaterMumbai payable at Mumbai.

Penalty @ % per week or part thereof subject to maximum limit of 10 % ofvalue supplies not received in time is to be deducted from supplier s bill (For

penalty refer General Instructions to the tenderer and articles of agreement forprocurement of General Materials.)

1) Tenderer should scan and upload his own Pan Card in case of retailer/Dealers/Supplier /Distributor etc.

2) In case of Company or firm the Tenderer should scan and uploada) 'PAN' Card of proprietor in case of proprietary /Ownership firm

Sr no Class

2)

9 PENALTY

10 PANCARD

WITHPHOTOGRAPH

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11

1213

VAT/CST

ORDER DETAILDELIVERY

14 PAYMENT

16 AFFIDAVIT FOR CONDITION NO 13 &

BEST RATE

b) i) 'PAN' Card of Company in case of Private limited Companyii) 'PAN Card of a firm in case of Partnership firm

c) The Santhas /Societies /Trust which are registered under Public Trust Act1950 / Registration Act 1860 / The Maharashtra Co Op Society

Registration Act 1960 (whichever is applicable) has to scan and uploadthe pan card of Santha Society or Trust only

3) However, in case of public limited companies, semi governmentundertakings, government undertakings, no 'PAN' documents will be

insistedThe Tenderer must scan & upload his original certificate of registration of VAT

/CST issued by Govt. authorities in prescribed form

The user department will place the orders as and when required .The Tenderer should give free delivery of all the material under the control ofDy H E ( Store and purchase ) at Dy Ch E ( CPD) ,566 N M Joshi Marg

,Byculla West Mumbai within 30 days from the date of placing order by H EDept.

Payment will be made within 30 days from the date of satisfactory supply,submission of the bills and submission of all documents for execution of

written contract.The tenderer has to upload an Affidavit in terms of condition No 13 of Articles

of Agreement and Best Rate (Annexure-5)

Documents to be uploaded in PACKET A and PACKET B as per the order given below.

Sr

No1

PACKET A

Description of DocumentParticulars of the Tenderer (Annexure -1)

Sr.

No.

PACKET B

Description of Document

1

2

3

4

5

6

7

8

910

1112

13

14

Form of undertaking of Mandatory Conditions

Annexure -2)Undertaking to be signed by the Tenderer (Annexure-

3)Declaration by the tenderer regarding eligibility and

acceptance of terms and conditions of the tender

documents (Annexure-4)Affidavit for condition No 13 & Best Rate as per theformat (Annexure-5)

Proforma for encoding of the envelope of DD /BG forthe payment of EMD (Annexure-6)

Instructions to the tenderer and Articles of Agreementduly signed for General Materials (Annexure-10)Signed copy of Tender Document

Firm/Company/ Sanstha Registration CertificatesSolvency CertificateVAT and CST Registration Certificate as applicable

Pan Card with PhotographScan copy of DD /BG for payment of EMD

Valid Registration Certificate under ESIC Act 1948.

OR Declaration on Rs. 100/- stamp paper ifregistration under ESIC Act not applicable.

Valid Registration Certificate under EPF & M Act1952. OR Declaration on Rs. 100/- stamp paper if

registration under EPF & M Act 1952 not applicable.Scan copy of DD/BG(Annexure -12) /Standing

Deposit receipt for payment of EMD

2

ManufacturingAuthorization

Letter

(Annexure-7)Pre tested Sample Report.

15

16

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Note :- ALL THE ABOVE MANDATORY CONDITIONS SHOULD BE STRICTLY ADHERED TO FAILINGWHICH THE TENDER WILL BE TREATED AS NON-RESPONSIVE AND NO CORRESPONDENCE WILL

BE ENTERTAINED IN THE MATTER.

Tenderer s pertinent attention is being drawn to additional special instructions to the Tenderers as

follows:

1) The mandatory documents which are uploaded with bid original of which, if called, shall be produced forverification within 3 days failing which the bidder will be treated as non responsive. Administrative andTechnical Bid will be opened on the due date and time as defined for the bid in the system. Financial Bid/commercial bid of the respective bidder submitted online will be opened only if the administrative &

Technical offer in Folder A & B is acceptable. The date & time of opening of Financial Bid online will be

intimated to the responsive Tenderer.

2) If required MCGM may ask any clarification/Documents/Additional Documents from the tenderers, duringthe tender process.

3) "GENERAL INSTRUCTIONS & ARTICLES OF AGREEMENT FOR PROCUREMENT OF GENERALMATERIALS which are available in Tender section under Tender/Quotation Manuals Articles of

Agreement of MCGM portal, shall be made a part of this tender document. All the tenderer arerequested to download the same & upload with the bid. This is as per the mandatory condition

mentioned in the tender.

4) Tenderer shall note that if the condition in GENERAL INSTRUCTIONS & ARTICLES OF

AGREEMENT FOR PROCUREMENT OF GENERAL MATERIALS are in variance with the conditioncontained in the Schedule of specifications and mandatory conditions document , the conditions

of the Schedule of specifications and mandatory conditions shall prevail.

5) Affixing of digital signature anywhere while submitting the bid shall be deemed to mean acceptance

of the terms, conditions and instructions contained in this tender document as well as confirmationof the bid/bids offered by the vendor which shall include acceptance of special directions/terms and

conditions if any, incorporated.

Execution of Written Contract:

Every successful tenderer shall execute separate written contract for each group of items allotted to him, on

payment of the requisite charges as may be directed by the competent authority. Also the successful Tenderershall have to pay Stamp Duty on the contract agreement as per Government Directives

TENDERER S FULL SIGNATUREWITH RUBBER STAMP

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Annexure -1

Dy Ch E / CPD/ 21 / TDR / AE 4 / R - 1 of 2013-2014Particulars about the tenderer- (Specimen copy)

(To be uploaded in PACKET A )

Following information to be submitted along with tenders (in PACKET A ) as detailed herein below on theletterhead of the tenderer. ( Put a tick mark where applicable/ Write N.A. where not applicable).

1.

2.3.4.

Name & Address of the tenderer.

Names and addresses of all the partners.e-mail address of the firmName & address of the manufacturer

a. Places of Manufacturer(In case of firms having more than one place, mention the nearest one).

b. Registered Head Office with Postal Address and Telephone Numbers

c. Mumbai Office address with Telephone Numbers.

5. Total annual turnover in the last Financial Year of the tenderer.

6. Is the tenderer registered under the Indian Companies Act-1 of 1956 or any other Act, in force?

a. If so, furnish photo state copy of Certificate of Registration.

b. In case of Limited Companies furnish a copy of the memorandum of Articles of Association.

c. In case of Proprietorship / Partnership firms, name of proprietors / Directors with address.(Two in order of % of shares).

d. Ownership status of the Firm. (Maharashtra Govt. / Other state Govt. / Central Govt. / Joint

Sector / Co-Operative / B.S.I. / Private / Foreign Company etc.)

7. Whether tenderer is as Manufacturer / Distributor (State the category)

8. Name and post of the Officer / Address, Phone Number who should be contacted

by this office in case of emergency.

a) Location of other manufacturing works / factories owned by the firm (if any).

I/We have carefully gone through the tender documents and the terms and conditions mentioned therein & areall acceptable & agreeable in its entirety to me/us.

Full Signature of the tenderer with

Official Seal & Address

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Annexure -2Form of undertaking of Mandatory Conditions

Dy Ch E / CPD/ 21 / TDR / AE 4 / R - 1 of 2013-2014(To be uploaded in PACKET A )

SUB: Supply of ________________________.Tender No.___________

Mandatory Conditions of this tender:

1 . Validity. Every tender shall be made open for acceptance for minimum period of 90 days from opening ofthe tender. Tenderer specifying validity for less than 90 days shall be rejected outright.2. Testing/verification of the samples of the lowest tenderers if required will be carried out by MCGM & if not

found as per specification, in such case his offer though lowest will not be considered.

3. Payment. Payment will be made within 30 days from the date of satisfactory supply, submission of the bills

and submission of all documents for execution of written contract.

4. Contract deposit. Successful tenderer shall have to pay a contract deposit @ 5% of the total contract costeither in the form of cash/DD or in the form of Bankers Guarantee from the Bankers approved by the

Municipal Corporation of Greater Mumbai & same will be retained 6 months after completion of contractperiod.

The Banker s Guarantee issued by branches of approved Banks beyond Kalyan and Virar can be accepted

only if the said Banker s Guarantee is countersigned by the Manager of a Branch of the same, within the

Mumbai City limit categorically endorsing thereon that the said Banker s Guarantee is binding on theendorsing Branch of the Bank within Mumbai limits and is liable to be enforced against the said Branch of

the Bank in case of default by the contractor/supplier furnishing the banker s guarantee.

5. Delivery The Tenderer should give free delivery to user department of MCGM, within specified period from

the date of placing the order.

6. Order The user department will place orders as and when required during the contract period.

7. Penalty Late supply or installation will be penalized as per Clause No. 38 of General Instructions andArticles of Agreement.

8. Acceptance of Tender The decision of the Municipal Commissioner shall be final and binding andMunicipal Commissioner do not pledge himself to accept the lowest or any tender and reserves the right

to split the quantity amongst the eligible. The Municipal Commissioner reserves the right to reject any orall tenders and relax/stringent any of the condition of tender without assigning any reasons.

9. Contact details:Address, E-Mail, Tel. / Fax No. of the manufacturer, authorizeddistributors/dealers/agents in Mumbai.

10.Liquidated damage. The conditions of the contract provide for the damages for the late delivery asliquidated damages. In the event of late delivery of materials, the contractor shall pay to the MCGM

liquidated damages a sum equal to half percent of tender price of the material/equipment supply late perweek calculated from the next day after the agreed delivery, period is over. This is subject to maximum limit@ 10% of the tender value of the equipment/ material. Such penalty is to be deducted always by theconsignee from the contractors balance bill, B.G. or EMD or any money due to the contractor from

MUNICIPAL CORPORATION OF GREATER MUMBAI.OR

To purchase from elsewhere after giving due notice to the contractor on that account and at his risk, storesnot delivered or otherwise of a similar description without cancelling the contract in respect of the

consignment not yet due for delivery.OR

To cancel the contract and orders, forfeiture of EMD, contract Deposit and blacklisting the firm/companyalong with their partners/ directors.

The primary responsibility for the supply of items in time shall rest with the supplier.11. THE TENDER SHALL BE REJECTED OUTRIGHT IF THE TENDERER DOES NOT FULLFILL THE

MANDATORY CONDITIONS AS BELOW.

If the tenderer does not upload scanned copies of the PAN Documents and Photographs of theindividuals, owners, Karta of the Hindu Undivided family, Partners of the Partnership Firms and Director /

Directors in case of Private Limited/ Public Limited Companies or the authorized representatives of theregistered Co-operative Societies / Semi Government Undertakings as the case may be, Affidavit for

compliance of condition no.13 and Best rate quoted as per annexure 6.

Due On_________

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12. In case one or more offers with the same prices are received, the Municipal Commissioner s decision to

accept any of the offers shall be final and the said decision shall be binding on the tenderers.

I / We have gone through the General Instruction to the tenderer, The Articles of Agreement, Copy ofUndertaking for mandatory Conditions and Technical Offer and I / We agree to abide the same.

Full Signature of the tenderer withOfficial Seal and Address.

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Annexure 3

Dy Ch E / CPD/ 21 / TDR / AE 4 / R - 1 of 2013-2014

Undertaking to be signed by the tenderer


Tender No. :

Due Date:

ToThe Municipal Commissioner of Greater Mumbai

Sir,

I/We_________________________________________________________(Full Name in the Capital Letters

starting with surname) the Proprietor / Managing Partner / Managing Director / Holder of the Business /Authorized Distributors for the Establishment / Firm / Registered Company named herein below do here offer

to supply the _________________________________________________________________as mentionedin the tender & in accordance with the specifications therein. I / We also abide by the accompanying Form of

Contract and the Form of Items Rates & Costs, which are herewith duly signed by me / us.

I / We _________________________________________________________ do hereby state & declare thatI / We, whose names are given herein below in detailed with the addresses have not filled in this TENDERunder any other name or under the name of any other Establishment / Firm or otherwise nor we are in any way

related or concerned with any Establishment / Firm or any other person who have filled in the above caseTENDER.

I / We have quoted for all Items and Quantities as per your specifications, which include all Taxes and Dutiespayable & born by us, and have carefully noted the conditions of the Contract and the Specifications with allthe stipulations which I /We agree to comply. I / We undertake to complete the delivery within the period

stipulated after receiving an order.

I/We___________________________________________________________havefilledintheaccompanying TENDER with full knowledge of liabilities and therefore, we shall not raise any objection ordisputes in any manner relating to any action, including forfeiture of the EMD and blacklisting or any other

penal action for giving any information which it is found to be incorrect and against the instruction and directiongiven in this TENDER and failure to execute the written contract.

I / We have already deposited the requisite amount of Earnest Money Deposit as mentioned in this tenderNotice, in the office Dy. Ch.E. ( C.P.D.) before due date and due time.

OR

I am /We are on approved list of Registered Contractor with the Municipal Corporation of the Greater Mumbaias on due date of this tender and also have made payment of Standing Deposit with the office of the Chief

Accountant, MCGM, as applicable on the due date of this tender. (Strike out whichever is not applicable)

I / We further agree & undertake that in the event if it is revealed subsequently after the allotment of contract to

me / us, that any information given by me / us in this TENDER is false or incorrect, I / We shall compensate theMunicipal Corporation of Greater Mumbai for any such losses or inconvenience caused to the Corporation in

any manner and shall not resist any claim for such compensation on any ground and whatsoever. I / We agree& undertake that I / We shall not claim in such case any amount by way of damages or compensation for

cancellation of the contract given to me / us or any work assigned to me/us is withdrawn by the Corporation.

OR

I/We hereby request you not to enter into a contract with any other person/persons for the supply/workunderlying this contract for which the present tender is submitted until notice of non acceptance of this tender

has been first communicated to me/us and in consideration of your agreeing to refrain from so doing I/Weagree not to withdraw the offer constituted by this tender before the date of communication to me/us or such

notice of non acceptance, which date shall be not later than fifteen days from the date of the decision of theStanding Committee or of the Corporation, as may be required under the B.M.C. Act, not to accept this tender.

And I/We agree that if contrary to the agreement contained in this clause I/We withdraw the tender before the

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said date the earnest money deposited by me/us as aforesaid shall be liable to forfeiture by the Municipal

Commissioner of Greater Mumbai I/We also agree to the forfeiture of the said deposit if in the event of youraccepting my/our tender, I/We fail to execute the contract or to make the security deposit when called upon todo so or fail to supply the goods ordered after acceptance of my/our tender in full or in part or fail to execute

the orders placed on me/us.

I / We do hereby agree to pay all cost, charges and expenses in connection with this contract including stamp

duty, preparation and execution of the written contract.

Yours faithfully

Full Signature of the tenderer withOfficial Rubber Stamp.

Full Name, Office & Residential Address of the Proprietor / Partners & E-mail Address.

No.1.

2.

3.

4.

5.

Full Name Office Address Residential Address Signature

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Annexure-4

Dy Ch E / CPD/ 21 / TDR / AE 4 / R 1 of 2013-2014

DECLARATION BY THE TENDERER REGARDING ELIGIBILITY AND ACCEPTANCE OF TERMS AND

CONDITIONS OF THE TENDER DOCUMENTS(To be filled in and signed by the tenderer and to be submitted on non judicial paper of Rs, 200/-duly

notarized by Notary Public. / First Class Magistrate along with bid)To be uploaded in PACKET A

AFFIDAVITTo,

Municipal Commissioner,Municipal Corporation of Greater Mumbai.

Sir,Ref your Tender No: _________________________________.

I / We give following undertaking:1. I / we have thoroughly read and understood the terms and conditions as indicated in this tender document

and accept all the terms and conditions.2. I / we have also appraised myself / ourselves with M.C.G.M., actual nature of supply/ work and other

prevalent conditions.3. I / we hereby confirm that I / we will be able to carry out the supply/ work offered by me /us as per

specifications indicated in the tender, after compliance of all the required formalities within thespecified time at the quoted rates,if accepted by M.C.G.M.

4. I / We agree to abide the regulations of the MCGM premises now in force or which may come intoforce, during the currency of the contract.

5. I / We also undertake to carry out the supply / work without any interference, what- so-ever to thesupply/work.

6. I / We agree for reserving the right to stop any supervising staff/ labour employed by me / us fromentering in the MCGM premises/area, if MCGM feels that the said person is an undesirable element or

is likely to create mischief. MCGM will not be required to assign any reason while exercising this rightand I/We shall abide by such decision of the MCGM as final and binding on me/us.

7. I / We shall not sublet the work or supply to any other agency without the prior approval of the MCGM.

8. I / We agree to execute an agreement in the Proforma given and shall bear necessary cost of stamp dutyas per Government directives in this regard.

9. I / We also agree, to undertake to carry out all types of supply / work covered under Items of this tender

as ordered from time to time by the Officer In Charge or by his authorized representatives.10. I/we hereby declare that the information furnished in the tender is correct and true to the best of my /

our knowledge and belief. l /we also know and accept that if at any stage the information is found tobe not correct , my / our tender shall not be considered by M.C,G.M., and EMD shall stand forfeited

and I /we will be liable for action as per terms and condition .

11. The acceptance of this tender by M.C.G.M., shall constitute a binding contract between me / us andM.C.G.M.

12. I/we solemnly confirm the compliance of all the requirements / Conditions of the tender documents.

13. I / we have offered our rates in the prescribed format and uploaded it along with the bid document.14. I/ we hereby certify that I/we was/ were never black listed by M.C.G.M. or not either by any of central

Govt. / state Govt. / Public sector undertaking/any other Local body.

Solemnly affirmed on this ___________the day of __________20 .

Full Signature of the tenderer with

Official Seal & Address

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AFFIDAVIT FOR BEST PRICE

Annexure -5Tender No.Dy Ch E /CPD/ 21 /TDR/AE 4 of 2013-2014


To,The Municipal Commissioner,

For the Municipal Corporation to Greater Mumbai

Sir,

/

We(fullnameincapital letters, starting with surname), the Proprietor/Managing Partner/Managing Director/Holder of theBusiness/Manufacturer/Authorized Dealer, for the establishment/firm/registered company, named herein

below, do hereby, state and declare that I/We____________whose names are given herein below in details with the addresses have not filled in this tender under any

other name or under the name of any other establishment /firm or otherwise, nor are we in any way related orconcerned with any establishment / firm or any other person, who have filled in the tender for the aforesaid

work".

"I/We do hereby further undertake that, we have offered the best prices for the subject supply work as per the

present market rates. Further, we do hereby undertake and commit that we have not offered/suppliedthe subject product / similar product / systems or sub systems in the past one year in the Maharashtra

State for quantity variation upto 50% or + 10% at a price lower than that offered in the present bid to

any other outside agencies including Govt. /Semi Govt. Agencies and within M.C.G.M. also. Further, wehave filled in the accompanying tender with full knowledge of the above liabilities and therefore we will notraise any objection or dispute in any manner relating to any action including forfeiture of deposit and

blacklisting, for giving any information which is found to be incorrect and against the instruction and directiongiven in this behalf in this tender.

I/We further agree and undertake that in the event, if it is revealed subsequently after the allotment of work/contract to me/us that any information given by me/us in this tender is false or incorrect, I/We shall

compensate the Municipal Corporation of Greater Mumbai for any such losses or inconveniences caused tothe Corporation, in any manner and will not raise any claim for such compensation on any grounds

whatsoever. I/We agree and undertake that I/We shall not claim in such case any amount, by way of damagesor compensation for cancellation of the contract given to me/us or any work assigned to me/us or is withdrawn

by the Corporation."

However, in case of price difference, if it is a result of differential tax structures, different Dollar value of Rupee,

considering this aspect, before invoking the penalty, blacklisting etc., I/we will be given a reasonableopportunity of being heard by representing our case as to why such price variation/differential has arisen.

In case, if the explanation submitted by me/us is unsatisfactory then action as stated above including forfeitureof deposit & blacklisting may be taken against me/us.

Bid No. "I

TENDERER S FULL SIGNATUREWITH FULL NAME & RUBBER STAMP

(Note: This affidavit should be given on Rs.200/- stamp paper duly notarized by Notary with red seal andregistration Number.)

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Annexure-6

Dy Ch E / CPD/ 21 / TDR / AE 4 /R 1 of 2013-2014

PROFORMA FOR Encoding of the Envelope for DD/BG of EMD(To be uploaded in PACKET A )

Demand Draft/BG/Standing Deposit

1) Encode No:2) Bank Name:

3) Bank Branch Details:4) DD/BG /SD No. & Date:

5) Validity:6) Amount:

7) Name and address of the Tenderer:8) Tender No & Due date:

Full Signature of the tenderer withOfficial Seal & Address

NOTE: PROFORMA FOR Encoding of the encoding of envelope of DD/BG /standing Deposit for EMD shouldbe on letter head of the tenderer.

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Annexure-7Dy Ch E / CPD/ 21 / TDR / AE 4 /R - 1 of 2013 - 2014

PROFORMA FOR MANUFACTURER S AUTHORIZATION LETTER(To be uploaded in PACKET B )

To,

Municipal Commissioner,M.C.G.M. Mumbai.

Dear Sir,

Reference: - Your E-Tender Document No. __________ dated _________.

We,________________________________________ who are an established and reputed manufacturer of

______________________________________(name & description of the goods offered in the tender) havingfactories at ___________________, hereby certified that M/s. ________________(name & address of the

distributor/dealer/agent) is our authorized distributor/dealer/agent & authorize them submit a tender, processthe same further and enter into a contract with you against your requirement as contained in the above

referred tender document for the above goods manufactured by us.

Yours faithfully,

(Signature with Date, Name, & designation)

For and on behalf of M/s. ______________

Note: 1) This letter of authorization should be on the letter head of the manufacturing firm and shouldbe signed by a person competent and having the power of attorney to legally bind the

manufacturer.

2) Scanned copy of Original letter shall be uploaded.

Annexure 8 Not applicable

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Annexure 9Dy Ch E / CPD/ 21 / TDR / AE 4/R -1 of 2013 - 2014

AUTHORISATION LETTER FOR ATTENDING TENDER OPENING(To be uploaded in PACKET B )

No. __________Date:_________

To,The Municipal Commissioner,

M.C.G.M.Subject: Tender No. ___________________________________ due on ____________

Sir,Mr................................ has been authorized to be present at the time of opening of above tender due

on _________ at 16:00Hrs on my/our behalf.

Yours faithfully,

Signature & seal of the Tenderer

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Annexure - 10No.Dy Ch.Eng./CPD/ 03 /TDR/AE 4 /R-2 of 2013-2014

Proforma of Articles of Agreement for the purchase of material/equipments.

Quotation / Tender due on __________________

Standing Committee Resolution No_______Dated_______/ Addl. Municipal Commissioner s/DMC s/

Sanction No. _____________ Dated________________

Contract for the Supply / work of ___________________________________

Case No.______________________ of ____________________

During the period from____________to _________________

THIS AGREEMENT MADE ON THIS ________Day of ____________

Two Thousand______________ Between_____________________________

(Partner /Proprietor s Full Name) in habitant/s of Mumbai, carrying on business at

________________________________________________________________

in Mumbai under the style and name of Messer s____________________________ for and on behalf of

himself / themselves, his / their heirs, executors, administrators and assigns ( Hereinafter called theContractor/s ) of the FIRST PART and ____________Shri /Smt.______________________________________________the Dy. Municipal Commissioner (C.P.D.) in

which expressions are included unless such inclusion is inconsistent with the context or meaning therefore,include Dy. Municipal Commissioner (C.P.D.) and any officers of Municipal Corporation of Greater Mumbai

authorized by the Dy. Municipal Commissioner (C.P.D.) and shall also include their successors & assign /assignee for the time being holding office, of the SECOND PART and the Municipal Corporation of Greater

Mumbai ( Hereinafter called the Corporation ) of the THIRD PART.

WHEREAS the Municipal Commissioner for Greater Mumbai has interallia deputed under Section 56 and 56

(b) of the Mumbai Municipal Corporation Act 1888 his powers, functions and duties under the provisionscontained in Chapter III of the Mumbai Municipal Corporation Act 1888 to the Dy. Municipal Commissioner

(C.P.D.)

AND WHEREAS the Dy. Municipal Commissioner (C.P.D.) in pursuance of the power vested in him /

her under the provisions of the Mumbai Municipal Corporation Act 1888 and in accordance with the provisionof the said Act, recently invited Tender / Quotation for supply of the material and / or certain articles/certain

works mentioned in the schedule / specification here to annexed.

AND WHEREAS the contractor/s has/have submitted Tender for the Supply of the material and / orwork thereof and his / their said Tender was accepted by the Dy. Municipal Commissioner (C.P.D.) on the

Terms and Conditions hereinafter specified.

AND WHEREAS the said Contractor/s has / have paid deposit of Rs._________ (Rs.______________________________________________) in the office of Dy. Municipal Commissioner (C.P.D.) as Contract

Deposit for the due and faithful experience of this contract OR has / have furnished the General Undertaking

and Guarantee for Rs.______________ (Rs._____________________________________)

of Bank, for the payment interallia of the said amount of the Contract DepositCommissioner (C.P.D.) for the due and faithful experience of this contract.

in the office of Dy. Municipal

NOW THESE PRESENTS WITNESS and it is hereby agreed and declared between and by the parties heretoas follows:

1. Contract Period

That this Contract shall be deemed to have commence as from and after _______Day of _________TwoThousand ____________and shall continue in force, subject to the power of the Dy. Municipal Commissioner(C.P.D.) for the time being to determine the same previously as hereinafter mentioned until ___________Day

of __________________Two Thousand____________________Or until such time as the Supply / work hereinmentioned and shall have been completed and certified for by the Dy. Municipal Commissioner (C.P.D.) /

purchasing Officer as being of good quality and in good working order.

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2. Contract deposit. Successful tenderer shall have to pay a contract deposit @ 5% of the total contract costeither in the form of cash/DD or in the form of Bankers Guarantee from the Bankers approved by the

Municipal Corporation of Greater Mumbai & same will be retained 6 months after completion of contractperiod.

3. Supply to be made according to the OrderThe contractor/s shall, During the continuance of this contract, from time to time and at all times as and

when the purchase order for the same shall be placed as required by the any officer of the Corporationauthorized in that behalf (such purchase order shall be in writing and signed by the said officer)

supply/execute and do or cause to be executed and done according to the directions and to the entiresatisfaction of the officers of the Corporation authorized in that behalf within the stipulated period, afterreceipt of the respective purchase orders in such quantities as may from time to time be placed for such of

the brittles specified in the schedule hereunto annexed or carry out any or all works comprised in thisContract which the Contractor/s may be called upon to do at the rates set opposite to the said respectivearticles/works in the said Schedule.

3(a). Failure to execute OrdersIf the Contractor/s fail to comply with the orders and / or carry out the work within the period stipulated,

the Municipal Commissioner / Dy.Ch.E. (CPD)/ purchasing Officer shall exercise his discretionarypowers to recover from the Contractor/s as agreed, liquidated damages or by way of penalty as may

deem reasonable under the circumstance and the same shall be recovered from any dues of theContractor/s, with the MCGM.

3(b). Period Unless otherwise stated elsewhere in this Contract, goods shall be delivered by the Contractor/swithin stipulated period from the date of receipt of Order by the Contractors.

4. Place of DeliveryThe articles/provisions so indented for, unless otherwise specified shall be delivered by the Contractors at

the indenting office of MCGM, located within the limits of Greater Mumbai or outside city divisions as maybe mentioned in the respective indents for the same and all charges for the carriage and delivery thereof,

and stacking to or at such place or places, measuring the quantities in the manner specified testingqualities and soundness of materials for workmanship of all parts of the said articles at the time of delivery

in such manner as may be directed by the authorized Municipal officer, replacing damaged or defectivepart/s of the articles shall be borne by the Contractors. No expenses and no risk of any description shallbe borne by the Corporation until actual delivery of the materials shall have been taken by the

Corporation. The Contractors shall exercise all possible care while delivering and stacking the materialswithin MCGM s premises. The cost of any damage done by the Contractors or their agents to MCGM s property while delivering and stacking etc. the materials shall be recovered from their bills or any other

outstanding dues. The materials shall be delivered by the contractors as per the convenience of theindividual user department.

5. QualityAll articles supplied by the Contractor/s in accordance with this contract shall be new and of the best

quality and in working condition of their respective kinds, in accordance with the Municipal samples orspecifications, if any and of the exact size, kind and description required and shall be subject to the

approval of the party or parties signing signs the same and in case of their not being approved shall beliable to be rejected.

6. QuantityThe quantity in the schedule is approximate. The Corporation agrees to purchase the articles valued at not

less than 25 percent of the total amounts of the contracts7. Penalty for Inferior Supply

If the articles supplied are is found of inferior quality or not as per the specification, when tested throughGovt./Govt. approved Lab / having NABL accreditation and test reports are not found in consonance with

the pre-tested sample submitted along with the tender, the supply shall be rejected andi) If the default committed by the tenderer/supplier is of first time he is liable for penalty up to 20% of

the total purchase cost andii) If the default committed is of second time, the firm shall be blacklisted for a period of three years andiii) If the default committed is of third time or more than that, the firm shall be permanently blacklisted.

8. Rejection & appeal

Dy.Ch.E. (CPD) or the purchasing officer, shall not be bound to assign any reason in case of his rejectingthe materials or articles supplied by the contractors, but the decision of the said rejecting authority shall be

subject to appeal to the Commissioner, whose decision as to Whether the said articles shall be accepted orrejected shall be final and binding on the Contractor(s).

9. Fees

The contractors shall pay such fees as may be decided to be levied by the Commissioner in connectionwith the inspection, and field /or laboratory tests of materials supplied by the contractors. Such payment will

however, be enforced only in the event of the articles supplied and the test results being found to be inferiorto specifications or stipulated quality. Unless otherwise stated elsewhere in this contract, the materials

destroyed partly or fully, during the process of inspection or testing shall be replaced by the contractor freeof cost.

10. Risk & Cost Purchase

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In case the Contractor/s, shall at any time during the continuance of these presents fail to supply

satisfactorily any of the said articles within the prescribed time as herein provided or in case shall fail atonce to replace any articles that may have been rejected as herein provided with other of approved quality,the Commissioner shall be at liberty forthwith to procure the same in the open market at the risk and cost of

the contractor/s. Similarly if the work underlying the contract is not executed satisfactorily within thestipulated period or after the same having been disapproved wholly or partly is not rectified or re-done to thesatisfaction of the Officer in Charge, within the said specified period, the Commissioner shall get the same

executed or rectified or re-done through any other agencies, at the entire risk of the contractor/s as to costand consequences. The extra cost thereof (if any) and all expenses there thereby incurred which shall

include a minimum charges of 5 per cent, in all cases of default, which may be raised to a maximum of 15per cent, in special cases at the discretion of the Commissioner shall be payable by and/or may be

deducted from any moneys due or to become due to the Contractors under this or any other contractbetween the contractors and the Corporation. The Commissioner may, however, fix such other subsequent

date as he may think fit by which the delivery of the said articles or execution of the said work shall becompleted.

11. Articles can be brought from elsewhere

The Corporation shall be under no obligation to purchase from the contractors all or any of the articlesspecified in the said schedule or otherwise, but only such articles and those in such quantities, as may

from time to time be indented for on the contractors by the purchasing Officer. The Commissioner has theoption of purchasing any of the articles from the market or other Contractors or elsewhere.

12. Submission of Bill

The Contractor/s shall on completion of the delivery of the articles or completion of the work mentioned inthe respective order, present his/their bills in duplicate to the purchasing officer within 8 days from the

date of the completion of such delivery/work.13. Monetary dealings with the Municipal Employees

The Contractor/s shall not lend to or borrow from, or have or enter into any monetary dealings or

transactions, either directly or indirectly, with any Municipal Employees, and if he / they or any of themshall do so, the Municipal Commissioner shall be entitled to forthwith terminate this contract and forfeit the

Earnest Money Deposit / Contract Deposit without prejudice to the other rights and remedies of theCorporation, claim damages from the Contractor/s for the breach of the Contract.

14. Breach of ContractIn case of failure on the part of the Contractor/s at any time during the continuance of this Contract to

comply with any of the condition herein contained or in case of any breach whatsoever of any portion ofthis contract, the Commissioner shall be at liberty, absolutely to determine the same by giving the

Contractor/s one calendar month s previous notice in writing of his intention to do so and in such case the

Contractor/s shall be responsible for and shall make good to the Corporation all loss, cost and damage of

every description which the Corporation may sustain in consequence of such failure or breach or

determination of the Contract and without prejudice to generality of the foregoing, the said sum ofRs.___________ deposited as Earnest Money Deposit & Contract Deposit as aforesaid shall beabsolutely forfeited to the Corporation as liquidated damages for such failure or breach or determination of

the contract.15. Dissolution of the Contract

The Contractor/s shall not at any time dissolve partnership in respect of this contract or otherwise, changeor alter their respective interests therein or assign, sublet or makeover the present contract or the benefit

thereof or any part thereof to any person/s whomsoever without the previous consent in writing of theMunicipal Commissioner for the time being. In case the Contractor/s shall at any time commit any breach

of this covenant then the Earnest Money Deposit / Contract Deposit shall be forfeited to the Corporationand shall be retained by the Corporation as and for liquidated damages.

16. Disputes etc to be decided by the CommissionerIf any dispute or difference shall arise between Dy.Ch.Eng(CPD) or other officer aforesaid on the one

hand and the Contractor on the other hand, concerning the supplies to be made by the contractor/s underthese presents or any of them or the quantity or quality thereof the delivery, stacking measurement,

weighment for making thereof or other action taken, or purporting respectively to have been imposed ortaken under these presents or regarding any default or alleged default or illegal or improper action on the

part either of the Contractor or Dy.Ch.Eng.(CPD) or the Officer aforesaid or the mode of carrying out andgiving effects to the provisions of these presents, or concerning the meaning or intention of this contract or

of any part thereof or concerning any certificate or order made or purporting to have been madethereunder, or in any ways whatsoever relating to the interest of the Corporation or of the contractor,

every such dispute and difference shall from time to time be referred to and be settled and decided by theCommissioner, who shall be competent to enter upon the subject matter of such dispute or difference

with or without formal reference or notice to the Contractor or others concerned, or any of them and whoshall decide and determine thereon: and to the Commissioner shall also be referred to the settlement ofthis contract and the determination of the sum or sums or balance of money to be paid or received from

the Contractor by the Corporation.17.Commissioner s direction & decisions to be final and binding

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The directions, decisions, certificates, order and awards given and made on such reference as aforesaid

of the Commissioner (which said directions, decisions, certificates, orders and awards may be made fromtime to time) shall be final and binding upon the Corporation and the Contractor respectively and shall notbe set aside on account of any technical or legal defects therein or in the contract, or on account of any

formality, omission, delay, or error of proceedings or on any other ground or for any pretence, suggestion,charge, insinuation of fraud, collusion or confederacy or otherwise, howsoever, and it shall not becompetent for the contractor of the Corporation to expect to any hearing or determination before or of the

Commissioner or to any certificate, order or award by the Commissioner on the ground of any want ofjurisdiction or excess of authority or irregularity of proceeding, but all matter made the subject of any such

hearing or determination or included in any certificate, order or award, and whether of retrospective orprospective operation or effect, shall be deemed to have been properly submitted to the Commissioner

and be taken to have been properly adjudicated upon.18. The Commissioner not compellable to defend or answer any suit relating to any certificate or award

made by him.The Commissioner shall not be made a party to or be required to defend or answer any action, suit or

proceedings at the instance of the Corporation or the Contractor nor shall be compellable by anyproceeding whatsoever to answer or explain and matter relating to any certificate or award made by him

or to state or show how or why or on what grounds he settle, ascertained or determined or omitted tosettle, ascertain or determine in any matter whatsoever, nor shall he be compellable to state or give his

reasons for any proceeding whatsoever which he may take or direct to be taken in or about the premises,or show to any person or persons for any purpose whatsoever any document whatsoever or any

calculations or memoranda whatsoever in his possession or power relating thereto.19. Corporation s lien over all moneys due to the Contractor or his deposit

The Corporation shall have a lien on over all or any moneys that may become due and payable to the

Contractor/s under these present and or also on and over the deposit or security amount or amountsmade under this contract and which may become repayable to the Contractor/s under the conditions in

that behalf herein contained, for or in respect of any debt or sum that may become due and payable to theCorporation by the Contractor/s either alone or jointly with another or others and either under this or underany other contracts or transactions of any nature whatsoever between the Corporation and the

Contractor/s and also for or in respect of any Municipal Tax or Taxes or other money which may becomedue and payable to the Corporation by the Contractor/s either alone or jointly with another and others

under the provisions of the Mumbai Municipal Corporation Act 1888, or any other Statutory enactmentor enactment in force in modification or substitution thereof. AND further that the Commissioner on behalf

of the Corporation shall at all times be entitled to deduct the said debt or sum or tax due by theContractor/s from the moneys, security or deposit which may become payable or returnable to the

Contractor/s under these presents provided however that nothing in this clause shall apply to any moneysdue and payable by the Contractor/s in his/ their capacity as a trustee/s either alone or jointly with others.

The provisions of these conditions shall also apply and extended to the Banker s Guarantee if any given

by the Contractor/s either in addition to or in substitution of the cash or contract deposit to be made under

this contract.

20. Termination of the ContractThese presents in every clause matter and thing herein contained shall cease and determine onthe..Two Thousand (Unless the same shall have been previously

determined by the Commissioner as hereinbefore provided) except only as to the rights and remedies ofthe parties hereto in respect of any clause or thing herein contained which any have been broken or notperformed

21. Return of the Contract Deposit:

If the Contractor/s shall duly and faithfully carry out this contract and shall duly satisfy all claims properlychargeable against him / them hereunder the said sum of Rs.________shall be returned to the

Contractors and any balance due to the Contractor/s under these present shall at the same time be paidto him / them.

22. Banker s Guarantee

In the event of the said deposit of Rs....having been made by the Contractors by delivery to theCommissioner of the General Undertaking and Guarantee of the Bankers of the contractors and of thecontractors and of the Contractors under any of the provisions of this Contract becoming subject to or

liable for any penalty or damages liquidated or unliquidated or of the said deposit ofRs....becoming forfeited as hereinbefore mentioned then and in any such case the amount of

any such penalty or damages and the deposit so forfeited if not previously paid to the Commissioner shallimmediately on demand be paid by the said Bankers to and may be forfeited by the Commissioner under

and in terms of the said General Undertaking and Guarantee. lf no penalty or damage of forfeiture ofdeposit shall be exacted or claimable from or against the Contractors under this Contract the Contractors

and the Bankers shall at the expiration of this contract be freed and released from the obligations of thesaid General Undertaking and Guarantee in respect of this contract without prejudice, however, to the

continuing liability of the Contractors and of the said Bankers and the right of the Commissioner and/or theCorporation to claim under the said General Undertaking and Guarantee for or in respect of any other

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23.

24.

25.

26.

27.

28.

subsisting Tender or Contract entered into by the Contractors with the Commissioner and/or the

Corporation.PartnershipEvery receipt for money which may become payable or for any security which may become transferable to

the Contractors under these presents shall if signed in the partnership name by any one of theContractor/s be of a good and sufficient discharge to the Commissioner and Corporation in respect of themoney or security purporting to be acknowledged thereby and in the event of the death of any of the

contractors, during the pendency of this contract it is thereby expressly agreed that every receipt by any ofthe surviving Contractor/s shall if so signed as aforesaid, be a good and sufficient discharge as aforesaid.

PROVIDED that nothing in this clause contained shall be deemed to prejudice or affect any claim whichthe Commissioner or Corporation may hereafter have against the legal representatives of any

Contractor/s so dying or in respect of any breach of any of the conditions thereof, PROVIDED ALSO that,nothing in this clause contained shall be deemed to prejudice or affect the respective rights or obligations

of the Contractor/s and of the legal representatives of any deceased Contractor/s inter se.Charges

All costs, charges and expenses incurred in connection with this contract including stamp duty and allother disbursements, shall be paid by the Contractor/s.

Singular PluralWords in the Singular number shall include the plural and plural the singular.

Meaning The Word The Municipal Commissioner or Commissioner wherever they occur in this Tender

or in the Contract shall be construed to mean Additional Municipal Commissioner or Deputy Municipal

Commissioner .

AcknowledgementEvery notice served upon any one of the Contractor/s in pursuance of the Terms and Conditions of this

Contract shall be deemed to have been duly served upon the Contractor/s if it is addressed to the placeof the Contractor/s given by them and duly posted, even if the same may not have actually reached /

received by themPenaltyIf the contractor fails to comply with the order within the delivery, installation and commissioning period

stipulated, the municipal Commissioner/ D.M.C.( C.P.D) / Purchasing Officer shall exercise hisdiscretionary power either :-

(a)To recover from contractor as agreed, the liquidated damages or by way of penalty a sum notexceeding half percent of the price of the equipment/ material which the contractors has failed to

deliver as aforesaid per week or part thereof during which the delivery of such equipment / materialmay be in arrears subject to maximum limit @ 10% of the balance amount of the stipulated price of the

equipment undelivered. Such penalty is to be deducted always by the consignee from the contractorsbalance bill, B.G. or EMD or any money due to the contractor from MCGM.

OR(b)To purchase from elsewhere after giving due notice to the contractor on that account and at his risk,

stores not delivered or otherwise of a similar description without cancelling the contract in respect of

the consignment not yet due for delivery.

OR

(c)To cancel the contract and orders and forfeiture of EMD, contract Deposit and blacklisting thefirm/company along with their partners/ directors.

29. GuaranteeIn case of contracts for items of plant and machinery, mechanical and electrical equipments, instruments,

furniture, material and such other article etc., the Contractors shall, for a period of twelve calendar months

after the acceptance and installation of the equipment, maintain, uphold and keep the same in thoroughrepairs and working order at their sole cost and expense and to the entire satisfaction of the MunicipalCommissionerortheDy.Ch.E.(CPD)orthePurchasingOfficer,thewholeof

machinery/equipment/furniture material & articles etc. and shall also be responsible for and be liableunder the provisions of this clause eat to make good any defect that may during that period develop in the

normal and proper working of the machinery/equipment/furniture/ articles.30. Scope of the Contract

And where it is further hereby agreed between the parties of all the parts herein that the Terms and

conditions of the Instructions to the Tenderers including the Annexures thereof and the specification of thearticles/work shall form parts & parcel of these Contract Agreement.

31. Operation of the Contract Clauses

The D.M.C. (C.P.D.) or his / her successor/s for the time being holding the office of the D.M.C. (C.P.D.)shall be the competent officer to operate the various clauses under this contract and to sign and serve

notices under the various clauses of the said contract. All such notices signed by the Dy.Ch.E(CPD).shall be deemed to have been signed by the Municipal Commissioner or Addl. Municipal

Commissioner or the Dy. Municipal Commissioner.(A) Special Clauses: For The contract for the Purchase and Removal of Waste papers

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(1)

(2)

The deduction to be allowed for tare of the bags shall be the actual weight of the empty bags.

Before taking delivery or removal of each lot, the contractors shall pay the price thereof at the said

agreed rates.

The contractors shall not circulate or cause to be circulated any records of the Municipal Office beingpart of the waste, in the Bazaar.

The Contractors shall be bound to take delivery of the waste from any part or parts of the departments

of the Municipal office within four days from the receipts by them of the intimation requiring them totake such delivery of the waste and remove them from the Municipal offices or departments. The

waste paper shall be duly weighed in the presence of the person or persons empowered in that behalfand in the manner directed by him or them and packed by the Contractors in their own gunny bags

and forthwith removed from to: Municipal Offices or departments. All charges and expenses forweighing if any, and for packing and removing the same shall be borne by the contractors.

The period of interval of giving delivery of the waste from time to time as they accumulate in theMunicipal offices and departments shall rest entirely at the discretion of the Commissioner or of the

officers empowered in that behalf.

If the Contractor shall fail to pay for and to take delivery of or to remove any lot of waste papers withinfour days from receipt of intimation promote department concerned, as required and provided under

clause (4), the Commissioner or the Sectional Head shall without giving the Contractor any notice ofhis intention to do so be at liberty to sell or dispose of such lot at the risk and cost of the contractors,

by private sale to any person or persons. The Contractor shall, thereupon be bound to make good tothe Corporation on demands all loss or damage that the Corporation may suffer by reason of

deficiency in the sale price, and also for all incidental costs and expenses incurred in connection withsuch sale. The Contractors on the other hand, shall not be entitled to any excess in price or profit

arising there from. The exercise by the Commissioner of the above right shall be in addition to, andwithout prejudice to any of the other rights of the Commissioner or the Corporation under this contract.

The words All costs and expenses incurred'' shall include on account of supervision a minimum

charge of five percent in all Taxes of default which may be raised to a maximum of fifteen percent, Inspecial cases to the discretion of the Commissioner.

(B) Special Clauses: For the Contractor the Supply of Pure Liquid Chlorine: -

(3)

(4)

(5)

(6)

(1) The Contractors shall enquire weekly at the Ghatkopar Office of the Municipal Corporation of GreaterMumbai of the number of empty cylinders/drums available for removal from the Municipal stores at

Powai where they were delivered, and such empty cylinders/drums shall be

The liquid chlorine shall be of exceptionally pure quality, containing no impurities, except traces of

Oxygen, Carbon Dioxide and Nitrogen and shall be 100 per cent available chlorine. It shall be freefrom moisture.

The Chlorine shall be supplied in steel drums each to contain about 907 Kgs. net of Liquid Chlorineand in steel cylinders each to contain 49 Kgs. net of Liquid Chlorine.

The delivery of chlorine shall be given at the Municipal Chlorination Home at Powai.

The Contractors shall make their own arrangement to remove the empty cylinders and drums in timefrom the godown at Powai and must make all necessary arrangements for Railway and Road

Transport themselves.

The Contractors shall maintain at least one month s stock of chlorine, both in cylinders and in drums, in

the Municipal Godown at Powai, failing which he shall be liable to a penalty the amount of which shall

not exceed Rs.10 per day that may be imposed by the Municipal Commissioner. )

The fittings on the top of the cylinders and the drums shall be of standard type, adaptable to the

existing Municipal connections.

The supply made, shall be subject to analysis to find out if the materials supplied are to the contract

specifications. If on analysis it is found that these samples comply with the Municipal specifications,cost of it testing will be borne by the Corporation, otherwise it will be borne by the Contractors.

Any supply rejected as being not up to Municipal specifications or for any other reasons whatsoever,shall be removed forthwith by the Contractors.

(2.)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

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(10) Payment shall be made on the basis of actual weighment of the contents in the containers at Powai.

(C) Special Clauses: For the contract for the supply of Firewood to Cemeteries:--

l. That the Contractor/s is/are authorized to sell firewood for the purpose of cremating dead bodies within

the boundaries of the cemeteries at the rates as indicated in the schedule annexed.

That the Contractor/s shall keep within the boundaries of the Cemeteries during the continuance of the

Agreement stock of dry firewood sufficient to meet all reasonable requirements, and the said stockshall never be less than 1/12th of Schedule quantity on any one day at each of the Cemeteries.

That the Contractor/s shall keep attendants, day and night on the ground to supply firewood as and

when required and shall also keep and maintain the necessary and correct scales for the weighment ofthe firewood. The firewood should be 10 cm to 13 cm. in diameter and 90 cm to 125 cm in length. The

split firewood (Phod) should of 5 cm. to 10 cm. in diameter and 75 cm. to l 10 cm. in length.

That the Contractor/s shall put up in a conspicuous place at the cemeteries a notice in vernacularintimating therein the rate agreed upon at which firewood will be supplied. The Commissioner hereby

agrees to give to the Contractor/a such area of ground as may be required for depositing and stackingfirewood as may be found necessary, free of any charge, but no firewood other than that required or

purchased for cremation purpose will be allowed to be deposited or stacked or sold within theboundaries of the aforesaid cemeteries.

That the Contractor's shall take measures to cover and protect the firewood during the monsoon.Contractors will not be allowed to stock wet firewood in the premise of the cemeteries under any

circumstances

The Contractor's shall be liable to make good any damage caused to the Municipal properties by him,or any of his employees or agents.

(D) Special Clauses: For the contract for the supply of dietary Articles:-

1. The tenderers should take into account the prices fixed by Government for rationed articles and

articles of which prices are fixed by Government or which are sold at fair market rates. They should

also see that the rates quoted do not contravene any Government orders. It should be clearlymentioned as to whether (1) whole-sale or (2) retail rates will be charged by the tenders for rationed orarticles of which prices have been fixed by Government.

That excepting the food grains and other such articles of which prices are controlled by Government

they will not be allowed any increase or decrease over the rates quoted by them due to the impositionof a new duty or an increase in the eliciting duty or any other reason whatsoever by virtue of Section10 of the Indian Tariff Act 1894 (VII of 1894).

In case of controlled or rationed articles, gunny bags, will not be returned.

In case the Contractors shall at any time during the continuance of these presents supply any of the

articles of provision, mentioned in the schedules, of inferior quality, it shall be competent, for the

Commissioner without prejudice to his other rights and remedies under this agreement to call upon theContractors to pay such amount not exceeding Rs. 150 as he may think proper as liquidated damagesfor each such default and any such decision of the Commissioner shall be final and binding upon theContractors who shall be bound to pay such amount forthwith upon the demand made upon him/them

in that behalf. In such event without, prejudice to his other rights as aforesaid, the Commissioner mayin his absolute discretion direct that such articles, though consumed in good faith, shall not be paid forat all or shall be paid for at such lower rate as he thinks tit.

(E) Special Clauses: for the contract for supply of S. W. Pipes:-

1. The Contractors shall commence the manufacture of the said pipes immediately on toe receipt of

instructions from the Commissioner, and in case such instructions shall require that any particularclass or portions of the said pipes shall be commenced first, the Contractors shall begin with the

manufacture of the class oil portion so required. The Contractors shall immediately, on receipt of theinstructions, forward to the Commissioner a reply in writing acknowledging such receipt.

The Engineer or any person appointed by him as his representative shall be allowed be to; Contractorsto have access at all times during working hours to all parts of the premises in which the pipes are

2.

3.

4.

5.

6.

2.

3.

4.

2.

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being prepared for the purposes of examining the materials and workmanship and the Contractors

shall avail every facility for such examination, and shall at their own expense provide all appliancesand labour which may be necessary for bringing any of the pipes under test or examination, and anypipes which may be then condemned by the Engineer or his representatives, shall be at once rejected

by the Contractors, and other pipes of satisfactory material and workmanship shall be substituted.

3. Upon arrival of any of the said pipes at required place of delivery, the same shall within a reasonable

time be subjected to such examination, as sounding test, as the Engineer shall think proper, and theContractors: shall avail every facility for such examination by sounding and tests, and shall at their ownexpense provide all appliances and labour which may be necessary for bringing the pipes into a

convenient position for such testing in to lifting them thereto and removing them there from and

stacking in position as required by the Engineer

The Engineer or his representative shall take delivery of and shall sign and give to the contractors a

detailed receipt for all pipes which shall, after such examination as sounding and tests as aforesaid, bein the opinion of the Engineer free from defect. But until such delivery has been actually taken the said

pipes shall remain at the said stores at the risk and expense of the contractors.

The Commissioner shall be at liberty at any time either himself or through this agent, and withoutassigning any reason for so doing, to call upon the Contractors in notice in writing, to suspend or stop

the manufacture of all or any of the pipes included by this contract, and the Contractors shall, in eitherof such case, be entitled to receive the amount of any actual loss which they have sustained or will

sustain by reasons of such suspension or stoppage, but not of anticipated profit.

4.

5.

In witness whereof the Contractors and the Dy. Commissioner have hereunto set hands and the sealof the corporation has been hereunto affixed.

Signature, nameand address of witness

Signed, sealed and delivered byThe said Contractors,Shri/Messrs

...In the presence of ..

And by the Dy. CommissionerIn the presence of

The common seal of the MunicipalCorporation of Greater Mumbai

as affixed on the ...day of ..

Two thousand,..

In the presence of(1)..

(2)..Two Members of the Standing

Committee of the MunicipalCorporation of Greater Mumbai.

Contractors

Deputy Municipal

Commissioner (C.P.D.)

SEAL

Witness .

..* Contract examined with the Tender and the resolution or the Standing Committee/Education

Committee No. of .. and found correct.

Head ClerkI/II/III/IV

A.E.(Purchase) Tech.I/II/III/IV

Dy. Ch.E.(C.P.D.)

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Annexure - 11

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

2. The Banks Guarantee issued by branches of approved banks beyond Kalyan and Virar can be accepted

only if the said Bankers Guarantee is countersigned by the Manager of a Breach of the same bank, within the

Mumbai Limit categorically endorsing thereon that the said bankers guarantee is binding on the endorsing

Branch of the Bank within Mumbai limits and is liable to be enforced against the said branch of the Bank, in

case of default by the contractor / supplier furnishing the Bankers Guarantee.

List of approved Banks(A) S.B.I. & its subsidiary banks

1. State Bank of India2. State Bank of Bikaner & Jaipur

3. State Bank of Hyderabad4. State Bank of Mysore

5. State Bank of Patiala6. State Bank of Saurashtra

7. State Bank of Travenkore8. State Bank of Indore

(B) NATIONALIZED BANKS9. Allahabad Bank

10. Andhra Bank11. Bank of Baroda

12. Bank of India13. Bank of Maharashtra

14. Central Bank of India15. Dena Bank

16. Indian Bank17. Indian Overseas Bank

18. Oriental Bank of commerce19. Punjab National Bank20. Punjab & Sind Bank21. Syndicate Bank

22. Union Bank of India23. United Bank of India

24. UCO Bank25. Vijaya Bank

26. Corporation Bank27. Canara Bank

(C) SCHEDULED COMMERCIAL BANKS28. Bank of Madura Ltd.

29. Bank of Rajasthan Ltd.30. Banaras State Bank Ltd.

31. Bharat Overseas Bank Ltd.32. Catholic Syrian Bank Ltd.33. City Union Bank Ltd.

34. Development Credit Bank35. Dhanalakshmi Bank Ltd.36. Federal Bank Ltd

37. Indus ind Bank Ltd.38. I.C.I.C.I. Banking Corporation Ltd.

39. Global Trust Bank Ltd.40. Jammu & Kashmir Bank Ltd.

41. Karnataka Bank Ltd.42. Karur Vysya Bank Ltd.

43. Laxmi Vilas Bank Ltd44. Nedungadi Bank Ltd

45. Ratnakar Bank ltd.

46. Sangli Bank Ltd.47. South Indian Bank Ltd.48. S.B.I. Commercial & Int. Bank Ltd.

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49. Tamil land Mercantile Bank Ltd.

50. United Western Bank Ltd.51. Vysya Bank Ltd.52. Axis Bank

53. Kotak Mahindra Bank Ltd

(D) SCHEDULED URBAN CO-OP BANKS54. Abhyudaya Co-Op. Bank Ltd.

55. Bassein Catholic Co-Op. Bank Ltd56. Bharat Co-Op. Bank Ltd.

57. Bombay Mercantile Co-Op. Bank Ltd.

58. Cosmos Co-Op. Bank Ltd.59. Greater Mumbai Co-Op. Bank Ltd.60. Janata Sahakari Bank Ltd.

61. The Mumbai District Central Co-Op. Bank Ltd.62. The Maharashtra State Co-Op. Bank63. New India Co-Op. Bank Ltd.

64. North Canara G.S.B. Co-Op. Bank Ltd.65. Rupee Co-Op. Bank Ltd.66. Sangli Urban Co-Op. Bank Ltd.

67. Saraswat Co-Op. Bank Ltd.68. Shamrao Vitthal Co-Op. Bank Ltd.

69. Mahangar Co-Op. Bank Ltd.70. Citizen Bank Ltd.

71. Yes Bank

72. Punjab and Maharashtra Co-Op Bank Ltd73. Thane Janata Sahakari Bank Ltd

(E) FOREIGN BANKS

74. ABN AMRO BANK N.V.75. American Express Bank Ltd.

76. ANZ Grindlays Bank77. Bank of America NT & SA

78. Bank of Tokyo Ltd.79. Banque Indosuez80. Banque National De Paris

81. Barclays Bank

82. Citi Bank N.A.83. Hongkong & Shanghai Banking Corporation Ltd.

84. Mitsui Taiyokbe Bank Ltd.85. Standard Chartered Bank

86. CHO-Hung Bank87. HDFC Bank

88. IDBI Bank

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ANNEXURE - 12

BANKERS GUARANTEE IN LIEU OF TENDER/EARNEST MONEY DEPOSIT FOR SUPPLY OF MATERIALS/ GOODS

THIS INDENTURE made this ---------------day of ---------20---- BETWEEN THE --------------------------------

--------BANK incorporated under the English / Indian Companies Acts and carrying on business in Mumbai (

hereinafter referred to as the bank which expression shall be deemed to include its successors and assigns)

of the first part--------------------------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------------------- ----------------------

------------------------inhabitants carrying on business at ----------------------------------------------------------------------------

---------------------------------------------------------------------------------------- in Mumbai under the style and name of

Messers ----------------------

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