1

For Authorized Use Only

GOVERNMENT OF MAHARASHTRA

WATER RESOURCES DEPARTMENT

Superintending Engineer
Mechanical Circle Nagpur

OFFICE OF
EXECUTIVE ENGINEER
MECHANICAL ENGINEERING WORKSHOP DIVISION
NAGPUR

TENDER NOTICE NO- 20 For 2025-26

B - 1 Tender
Name of work :- Manufacturing & Painting of Additional Embedment parts of Service
gate & Emergency gate 2.6 x 2.6 mtr and 15 MT EOT parts @
Bhandara flood control project RD 2370 mtr . under Executive
Engineer , Gosikhurd Rehabilitation Division Unit , Nagpur

Rs- 809444/-
(Excluding GST)
“Recommended for DTP Approved”

Deputy Engineer, Divisional Accountant, -II

Mech Engg Workshop Sub Mech Engg Workshop
Division no.1 Division Nagpur
Nagpur
“ DTP Approved “

Executive Engineer
Mechanical Engineering workshop Division, Nagpur

PRICE (Rs. 1000) PER SET

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GOVERNMENT OF MAHARASHTRA
WATER RESOURCES DEPARTMENT
MECHANICAL CIRCLE NAGPUR

E-TENDER NOTICE NO- 20 For 2025-26

TENDER PROGRAME
B- 1
Tender
Name of Work :- Manufacturing & Painting of Additional Embedment parts
of Service gate & Emergency gate 2.6 x 2.6 mtr and 15 MT
EOT parts @ Bhandara flood control project RD 2370 mtr .
under Executive Engineer , Gosikhurd Rehabilitation
Division Unit , Nagpur

1. Amount of Tender : Rs. 809444/-

2. Earnest money Deposit : Rs. 8100/-

3. Notice to press :

4. Corrigndum :

5. Notice Apperance in Paper :

6. Total Notice Period : 8 Days

7. Sale of Tender : From

8. Last Date of Issue of Tender :

9. Date of Receipt of Tender : up to 18 .00 pm in the office of the

Executive Engineer , Mechanical

Engineering workshop Division Nagpur
10. Opening of Tender : ( if possible )

Issued to _________________________________________________________________________________________________
[Link]. /T.R. No.___________________________________ Date _________________________

Divisional Accounts Officer

Mechanical Engineering
W/shop Division
Nagpur

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INDEX
Sr. Brief Description of Contents Pages
No From From
SECTION - 01 6 8
1 Brief Tender Notice (Marathi)
SECTION - 02 9 12
2 Details Of Contractor
SECTION – 03 13 23
3 Appendix A to F
4 Declaration of Contractor
5 Detailed Tender Notice To Contractor
6 Tendering Procedure Affidavit Format
SECTION 04 24 34
7 Statement No - I To IV
8 Model Form Of Bank Guarantee Bond
SECTION - 05 35 47
9 General Conditions
SECTION - 06 48 52
10 Special Condition Of Contract
SECTION - 07 53 81
11 B - 1 Agreement Form.

SECTION - 08 82 86
12 Schedule 'A' Material To Be Supplied By The Department.
13 Conditions of Schedule 'A'.
SECTION - 09 87 89
14 Schedule 'B'.
Sanctioned Estimates (MEASUREMENT & RATE ANALYSIS Copy )
Attached Separately
15 SECTION – 10 Additional Conditions 90 100

16 SECTION – 11 101 102

Schedule C
16 SECTION – 12 Drawings 103 103

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GOVERTMENT OF MAHARASHTRA
WATER RESOURCES DEPARTMENT
MECHANICAL ENGINEERING WORKSHOP DIVISION, NAGPUR
INVITATION FOR E-TENDERS
TENDER NOTICE NO- 20 For 2025-26
On behalf of the Governor of the State of Maharashtra, Executive Engineer, Mechanical Engineering
workshop Division, Nagpur , Water Resources Department, Government of Maharashtra is inviting tenders through
Tendering System (Off-line) in form B-1 for the following work from competent tenderers / organizations. Detailed
tender instructions and all information regarding tendering is available on the government
([Link]) website and on the notice board of the divisional office.
The right to accept or reject the tender is reserved by the Executive Engineer, Mechanical Engineering
workshop Division Nagpur. Conditional tender will not be accepted. If there are any changes in the said tender
notice, it will be informed on the website ([Link])
Time
Estimated
Earnest Security limit
Sr. Cost (Rupees) Class of DTP
Name of work Money Deposit in
No (Excluding Contractor Value
(Rupees) (Rupees) Tender
GST)
Tenders are
invited from
contractors
Manufacturing & Painting of having
Additional Embedment parts experience
of Service gate & Emergency Rs.
of similar
1180/
gate 2.6 x 2.6 mtr and 15 MT Rs. kind of work
Rs. Rs. 3 -
1 EOT parts @ Bhandara flood 8,09,444/- and “Not
8,100/- 16,200/- Months (1000
control project RD 2370 mtr . (Excluding GST) necessary to
+
under Executive Engineer , be
RCM)
Gosikhurd Rehabilitation registered
with
Division Unit , Nagpur
Mechanical
organisation
”
All related activities (process) like Tender Document Purchases , Preparation and submission, other
documents will be governed by the time schedule key dates below:
1)
) Tender (Main Tender) document Sale date :- 22/09/2025 at 11.00 am. To 30/09/2025 at 18.00 pm.
Offline tender sale at the office of the
Executive Engineer, Mechanical Engineering
Workshop, Division Nagpur.

3) Tender (Main Tender) offline bid Submission :- 22/09/2025 at 11.00 am. To 30/09/2025 at 18.00 pm.
4) Tender Technical Bid opening date :- 22/09/2025 at 14.00 am. (If possible) at Office of the
Executive Engineer, Mechanical Engineering W/shop
Division, Nagpur
Please Note-
All information about E-tender is available on.
1. tendering website of government of Maharashtra [Link] (If any subsequent change
is there, will be informed on above website.
2. Notice Board at Executive Engineer, Mechanical Engineering ,Workshop Division, Nagpur
3. The contractor or his authorized representative should be present as per the tender opening date and
time published on the website/ Notice Board, otherwise no complaint will be entertained after tender
opening.

( V R Pradhan)
Executive Engineer
Mechanical Engineering Workshop ,
Division Nagpur

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[Link]

कामाचा पुव नुभव

असले या
कं ाटदाराकडु न /
मु य
सं थाकडु न बी-1
िनिवदा
िनिवदा मागिव यात
कागदप े
येत आहे त. िनिवदा
. पये
८०९४४४/- . १६२००/- ३ मिहने सादर करतांना
८१००/- ११८०/-
कं ाटदार
(१००० +
जलसंपदा
GST-
िवभागाकडील
RCM)
यांि की सं घटने कडे
पंजीकृत असणे
आव यक नाही.

१)
२)

३)

१)
२)

३)
[Link]

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GOVERTMENT OF MAHARASHTRA
WATER RESOURCES DEPARTMENT

Original Agreement No.: B-1/

Name of work :- Manufacturing & Painting of Additional Embedment

parts of Service gate & Emergency gate 2.6 x 2.6 mtr and
15 MT EOT parts @ Bhandara flood control project RD
2370 mtr . under Executive Engineer , Gosikhurd
Rehabilitation Division Unit , Nagpur

Name of Contractor :

Number & Date of Work Order :

Amount put to Tender :

Percentage quotes :

Amount of Contract :

Date of Commencement :

Time stipulated for completion of work : 3 Months (From Issue of Work Order)

Date of completion as per

Agreement :

Actual Date of completion :

Reference to Sanction of Tender. :

Certified that this original Agreement contains page 1 to fly leaves Nos

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Details of Work

Name of work- Manufacturing & Painting of Additional Embedment parts

of Service gate & Emergency gate 2.6 x 2.6 mtr and 15 MT
EOT parts @ Bhandara flood control project RD 2370 mtr
. under Executive Engineer , Gosikhurd Rehabilitation
Division Unit , Nagpur

Estimated cost of work : Rs. 809444/- (Excluding GST)

Earnest Money : Rs. 8100/-

The EMD applicable amount shall be paid via Online mode only. Duly attested shall be
uploaded at the time of submission.

Total Security Deposit 2% (Two Percent)

1) Initial Security Deposit : Rs. 8100/-

2) Further Security Deposit to
be deducted from bills. : Rs. 8100/-

Total Security Deposit 2% (Two Percent) : Rs. 16200/-

TENDER SCHEDULE

Cost of Blank Tender Form : Rs. 1180 /- (RCM-GST)

1 Downloading Tender Document & Bid Preparation

2 Closing Of Tender

3 Re encryption

4 Document opening and short listing

60 days from the Date of
5 Validity Period Financial of Opening

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TO BE FILLED BY THE CONTRACTOR

I / We have quoted my / our offer in percentage rate in words as well as figures. I /We further
undertake to enter into contract in regular “B-1” Form of WATER RESOURCES DEPARTMENT

Name and Signature of Contractor :

Power of Attorney Holder :

With Complete Address :

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1.1 Key Dates for E-Tender :-

Sr No Particulars DD MM YYYY Hrs Mins

1 Publishing 22 09 2025 11 00

2 Documents Sales Start 22 09 2025 11 00

3 Documents Sales End 30 09 2025 18 00

4 Bid Submission Start 22 09 2025 11 00

Seek Clarification Start

5 00 00 00
Date
Seek Clarification End
6 00 00 00
Date

7 Bid Sales End 30 09 2025 18 00

8 Bid Submission End 30 09 2025 18 00

9 Bid Opening (If Possible) 01 10 2025 14 00

2. Guidelines for Tendering Procedure

2.1 Blank Tender Forms
Tender Forms can be purchased from the Office of Executive Engineer ,
Mechanical Engineering work shop Division , [Link] after entering the details
of payment towards Tender Fees as per the Tender Schedule.
2.2 The tender submitted by the Tenderer shall be based on the clarification,
additional Facility offered (if any) by the Department, and this tender shall be
unconditional. Conditional Tenders shall be summarily rejected.

2.3 All Tenderer are cautioned that tenders containing any deviation from the
contractual terms and Conditions, specifications or other requirements and
conditional tenders will be treated as non-responsive. The tenderer should clearly
mention in forwarding letter that his offer (in envelope No. 1&2) does not contain
any conditions, deviations from terms and conditions stipulated in the tender.

3.1 Opening of the Financial Bids:

The Contractors should remain present in the Office of the Tender Opening
Authority at the time of opening of Financial Bids and Technical bid, otherwise no
complaints will be accepted after opening of tender.

3.2 Joint Venture : Not Applicable

3.3 If Hindu undivided Family participated in tender, the person who is working as a
head of that HUF (Karta) & any family member cannot participate as the owner /
Director/ Partner of another firm in the same tender.
Note :1 . As per Government of Maharashtra, WRD Govt. circular [Link]/0518/(51/18)/ Mech
date 29.11.2018,
“
.”
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4. Manner of Submission of Tender and its Accompaniments

3.1 Off LINE ENVELOPE NO. 1 (Documents to Be Submitted )

LIST OF DOCUMENTS SUBMITTED

4.1.1 The EMD of Rs. 8100/- details of offline receipt of tender fee and earnest money
through payment gateway by the bidders Through his own account and Xerox
copy of passbook / bank statement should be enclosed in Envelope No.1 .

4.1.2 Constitution or legal status of contractor, place of registration, principal place of

business or shop act license / Udhyam adhar certificate, SSI/MSME certificate,
Certificate Issued by local Authority i.e. Gram Panchayat, HUF firm registration
Certificate (If Any). For HUF Firm - Formation of HUF Certificate/ Legal Deed of
HUF Firm and all related required documents should enclosed in Envelope-1.

4.1.3 Attached from original Copy of Tenderer PAN CARD.

4.1.4 Attached from original Copy of original valid Goods and service tax registration
certificate & Previous calendar Month/Quarterly GSTR-3B return Xerox copy of
GSTR-3B should be uploaded online at the time of submitting tender.
4.1.5 Attached from original Copy of original Registered Partnership Deed, Memorandum
of Articles of Association, if the tenderer is a Partnership Firm, Joint Stock
Company and Power of Attorney and Firm Registration Certificate if Applicable.

4.1.6 Attached from original Copy of list of works in hand and works tendered for as per
Appendix– A along with supporting certificates like work in hand Certificate and
Work Orders must be issued by an officer not below the rank of Ex. Engr. of Govt. /
Semi Govt. Organization Local Authority/ PSU Only.

4.1.9 Attached from original Copy of Details of work of similar type and magnitude
carried out by the contractor as per Appendix – B along with supporting certificates
Issued by officer not below the rank of Ex. Engr. of Govt. / Semi Govt. Organization
Only.
For similar type of work mentioned in this tender, work sublet by contractor will
not be considered.

4.1.10 Attached from original affidavit as per Appendix-C and/or details plant and
machinery immediately available with the tenderer for this work along with
proof of ownership (i.e. Tax Invoice) should be enlisted and attached. Also it is
mandatory to submit latest affidavit to tendering authority for availability of all
required machineries at work site whenever required. Latest affidavit should be
sworn before notary and hard copy of original latest affidavit must be submitted
before work order to tendering authority. Work Contractor should submit
Affidavit on Rs.500/- stamp paper for the same as mentioned in the Appendix-E.

4.1.11 Attached from original affidavit as per Appendix- D and List of details of technical
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personal available with tenderer. Also it is mandatory to submit latest affidavit to

tendering authority for availability of all required technical personals at work site
whenever required. Latest affidavit should be sworn before Notary and hard copy
of original latest Affidavit must be submitted before work order to tendering
authority. Work Contractor should submit Affidavit on Rs.500/- stamp paper for
the same as mentioned in the Appendix-F.
4.1.12 Declaration of Contractor on letter head as per Performa- A

4.1.13 Attached from original Copy of Work done / Work Experience certificate of
similar type of work issued by officer not below rank of Executive Engineer
of Govt. / Semi Govt. Organization Only with Xerox copy of work order
should be attached.

4.1.14 Attached from original Copy of Annual Turnover certificate of last five financial
years duly issued by Chartered Accountant (With UDIN No.) with
4.1.15 Affidavit on Rs.500 stamp paper in prescribed form given in Performa- B sworn
before Executive Magistrate / Notary (As per Maharashtra Government Stamp
Act- Changes by Ordinance Dated- 14/10/2024) as per Proforma- B and hard
copy of original Affidavit should be submitted before work order regarding
truthfulness of documents / information in envelope no. 1. Original Affidavit
should be submitted to tendering authority before opening of Envelope No.2.
4.1.16 Post Qualification criteria for eligibility:
To Qualify the contract each Tenderer should satisfy following criteria
as per Maharashtra Government, Water Resources Department Govt.
Resolution No. misc./1217 /(case no.114 /17)/ mechanical Dated. 05.07.2018
POST QUALIFICATIONCRITERIA
Shall be as below
Sr.
No. Details Of Qualification Criteria Minimum Requirement for This Work

A. Average Annual Financial The Average annual turnover of contractor in last five years shall be
Turn Over During last five minimum 75 % of cost put to tender i.e. Rs. 607083/-
years. The turnover shall be calculated as below considering 10% rise every
year.
Sr. Cost of Work Derived Annual turnover at
Year
No Executed current level price
1 2020-21 E 1.46E
2 2021-22 D 1.33D
3 2022-23 C 1.21C
4 2023-24 B 1.1B
5 2024-25 A 1.00A

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D. Bid Capacity of Bidder / Bid Capacity = (A X N X 2) -B Where

Contractor A= Maximum Value of Annual Turn Over During Last Five Years
(Updated To Current Price Level)
B= Value of Existing Commitments & Ongoing Works to be
Completed During The Period of Completion of Tender Work
N= Number of Years Presented for Completion of The Work for
Which Bids are Invited.
Rs 8,09,444/- or above

Note:
1. All Documents should be Attached in sequence mentioned in 4.1
2. If the above all document are not Attached in proper manner or Attached document are not
as per minimum eligibility criteria or found misleading bid will be rejected.
3. Formation of HUF Certificate/ Legal Deed of HUF Firm is required in case of Participation of
HUF firm and all related documents should be enclosed Envelope-1. Also it should be
mandatory to provide documents to tender authority if any query arise/ short fall of
documents regarding HUF Firm.
4. The bidder should submit the necessary work done certificate, work in hand certificate
signed by the officer not below the rank of Executive Engineer.
5. Financial turnover and cost of competent works of previous year shall be given linear
weightage of 10 % per year on rupee value to bring them at current price level.
6. All above document should be attested by competent Authority except those documents,
which are required to submit.
7. Above documents from Sr. No. 4.1.1 To 4.1.18 in Envelope no.1 should be uploaded
mandatorily failing to which bid will be disqualified and price bid will not be opened.
8. Even though the bidders meet the above qualifying criteria, they are subjected to be
disqualified if they have:
a. Made misleading or false representation in the forms, statements and attachments
submitted in proof of qualification requirements.
b. Record of poor performance such as abandoning the works, not properly completing
the contracts, inordinate delays in completion, litigation history or financial failure etc.
c. Participated in the previous bidding for the same work and had quoted unreasonably
high bid prices and could not furnish rational justification to employer.

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4.2 OFF-LINE ENVELOPE NO. 2 (Financial Bid)

4.2.1 Attached blank Tender Copy (In PDF format) issued & Self signed by the
Department. blank Tender copy (in PDF Format) by Sign by bidder on Each and
every page of Tender Documents and Supporting Documents Attached by bidder
should be Self signed. Only These Documents will be considered as valid
documents.

4.2.2 Offer to be Submitted Offline.

4.2.3 The Tenderer should quote his offer in terms of percentage of estimated rates at the
appropriate place of Financial Bid to be submitted only in Envelope No.2 He should
not quote his offer anywhere directly or indirectly in Envelope No. 1.
4.3 SUBMISSION OF TENDER

4.3.1 Refer point 4.21, 4.2.2 & 4.2.3 above.

4.4 OPENING OF TENDER

On the date, specified in the Tender Schedule, following procedure will be adopted
for opening of the Tender.

4.4.1 Envelope No.1 (Technical Bid)

First of all Envelope No.1 Technical Bid Documents of the tender will be
opened offline to verify its contents as per requirements. If the various documents
contained in this envelope do not meet the requirements of minimum eligibility
criteria of the Department, a note will be recorded accordingly by the tender opening
authority and the said Tenderer Envelope No. 2 will not be considered for further
action and the same will be rejected.
The decision of the tender opening authority in this regard will be final and
binding on the contractors.

4.4.2 Envelope No.2 (Financial Bid)

This envelope shall be opened offline immediately after opening of Envelope No.1,
only if contents of Envelope No.1 are found as per requirement of minimum
eligibility criteria to the Department. The tendered rates in Schedule 'B’ or
percentage above/below the estimated rates shall then be read out in the presence
of bidders who remain present at the time of opening of Envelope No.2.

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4.5 EARNEST MONEY

The Contractor shall pay along with the tender the sum of Rs. 8100/- ( Eight
Thousand One Hundred Only )as and by way of earnest money. The contractor
may pay the said amount by forwarding alongwith the tender . Term deposit Receipt
for a period of one year of any Schedule bank and duly endorsed in the name of
Executive Engineer , Mechanical Engineering workshop division Nagpur for the
said amount . The said amount of earnest money shall not carry any interest
whatsoever.

4.6 SECURITY DEPOSIT

The successful Tenderer shall have to pay security deposit in shape of Fixed
Deposit Receipt Pledged in favor of Executive Engineer, Mechanical Engineering
Workshop Division, Nagpur. drawn from a Nationalized / Scheduled Banks in the
enclosed form and complete the contract documents failing which his Earnest
money will be forfeited to Government. Initial Security Deposit may be in FDR Form
in format of tender document for full period of completion of work and it should be
extendable up to expiry of valid extension if any as directed by Engineer-in charge.

All compensation or other sums payable by the Contractor under the terms of this
contract or any other contract or on any account may be deducted from his Security
Deposit or from any sums which may be due to him or may become due to him by
Government on any account and in the event of the security being reduced by
reason of any such above noted deductions, the Contractor shall within 10 days of
receipt of notice of demand from the Engineer-in-charge make good the deficit.

There shall be no liability on the Department to pay any interest on the Security
Deposited by or recovered from the Contractor.

The Security Deposit shall be refunded after completion of defect liability period
prescribed for this contract in accordance with the provisions in Clause 1 and 20 of
the contract.

The amount of additional security deposit should be submitted in the form of

demand draft / Bank guarantee issued by any nationalized / scheduled bank duly
pledged in the favor of Executive Engineer, Mechanical Engineering Workshop
Division ,Nagpur

Original copy of demand draft/ bank guarantee must be submitted in the office of
the Executive Engineer, Mechanical Engineering workshop Division , Nagpur by the
L-1 Tenderer within 08 Working days of opening of Envelope no. 2 and this
condition will not be relaxed in any circumstances.
4.7 POWER OF ATTORNEY

If the Tenderer are a firm or company, they should in their forwarding letter
mention the names of all the partners together with the name of the person who
holds the power of Attorney, authorizing him to conduct all transactions on behalf
of the body, along with the tender.
5. Terms and Condition
5.1 The offer of the Contractor shall remain valid for acceptance for a minimum
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period of 60 days from the date fixed for opening of Envelope No. 2 (Main
Tender) and thereafter until it is withdrawn by the Contractor by notice in
writing duly addressed to the authority opening the tender and sent by
Registered Post Acknowledgement Due.

5.2 The tender notice shall form a part of the contract agreement.
5.3 The Tenderer if firm or company shall in their forwarding letter mention the
names of all the partners of the firm or the company (as the case may be) and
the name of the partner who holds the power attorney if any, authorizing him
to conduct transaction on behalf of the Firm or Company.

5.4 Right is reserved to revise or amend the contract documents fully or part
thereof prior to the date notified or amended for the receipt of tender. Such
deviations/ amendments if any shall be communicated in the form of
corrigendum or by a letter as may be considered suitable.

5.5 The Tenderer shall enter his percentage rates in words and figures “below /
above”. In case there is difference between percentage written in figures and
words, the lower offer will be taken as final.
5.6 No pages should be removed from, added in or replaced in the Tender.

5.7 Right is reserved to reject any or all tenders without assigning any reason
thereof.
5.8 Tenders who do not fulfill all or any conditions or are incomplete in any respect
are liable to be rejected summarily.
5.9 The Tenderer may, in the forwarding letter, mention any points he may wish to
make clear but right is reserved to reject the same of the whole of the tenders if
the same become conditional tender thereby.
5.10 Time limit: The work is to be completed within time limit as specified in the
Notice inviting tender which shall be reckoned from the date of written order
of commencing the work and shall be inclusive of monsoon period.
5.11 Tender Rate: No alteration in the form of tender and the schedule of tender
and no additions in the scope or special stipulation will be permitted. Rates
quoted for the tender shall be taken as applicable to all leads and lifts.
5.12 Tender Units: The Tenderer should particularly note the unit mentioned in the
Schedule “B” on which the rates are based. No change in the units shall be
allowed. In the case of difference between rates written in figures and words,
the correct rate will be the one, which is lower of the two.
5.13 Correction: No corrections shall be made in the tender documents. Any
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corrections that are to be made by crossing the incorrect portion and writing
the correct portions above with the initials of the Tenderer.
5.14 All pages of tender documents, conditions, specifications, correction slips, etc.
shall be initialed by the Tenderer. The tender should bear full signature of the
Tenderer, or his authorized power of attorney holder in case of Firm.
5.15 The Income Tax @ 2% or percentage in force from time to time or at the rate as
intimated by the competent Income Tax authority shall be deducted from bill
amount whether measured bill, advance payment or secured advance.
5.16 Registration with mechanical organization of government of Maharashtra is not
necessary.
5.17 It is mandatory to submit tender online through e-tender system only. In any
circumstances hard copy of tender documents will not be accepted by tender
authority.
5.18 It is not essential to arrange Pre-bid Conference with contractor.

6. DEFINITIONS

6.1 EXECUTIVE ENGINEER: Executive Engineer means in charge Executive Engineer,

Mechanical Engineering workshop Division , Nagpur
6.2 WEBSITE: Website means official web sites for e-tendering having following web
addresses https//[Link]
6.3 APPLICANT: Applicant means individual proprietary firm, firm in partnership, Limited
Company, Corporation or group of firms forming a Joint Venture / Consortia, applying
to become eligible to tender.
6.4 CHIEF ENGINEER: Chief Engineer shall mean Chief Engineer (Mechanical), Water
Resources Department, Nashik
6.5 COMPETENT AUTHORITY: Competent Authority shall mean authority competent as per
extant rules.
6.6 ENGINEER / ENGINEER-IN-CHARGE: Engineer / Engineer-in-charge shall mean the
Executive Engineer, Mechanical Enigneering Workshop Division Nagpur and shall also
include the superior Officers of the Engineering Departments i.e. The Superintending
Engineer, Mechanical Circle Nagpur, & Chief Engineer (Mechanical), Water Resources
Department, Nashik.
6.7 ENGINEER'S REPRESENTATIVE: Engineer's representative shall mean the Deputy
Engineer / Assistant Executive Engineer / Junior Engineer/ Sectional Engineer /
Assistant Engineer (Grade II) who is in direct charge of the works and shall include any
Mechanical Engineer of the Mechanical Organization

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6.8 CONTRACTOR: Contractor shall mean the person, firm or company who enters into
contract, with the Corporation and shall include their executors, administrators,
successors and submitted assignees.
6.9 CONTRACT: Contract shall mean and include following documents Section - A To Section
-J
Tender document and information / data submitted by contractor, Common set of
Deviations
6.10 WORK: Work shall mean the work to be executed in accordance with contract.
6.11 SPECIFICATIONS: Specifications shall mean the specifications for material and works
as
Specified in the contract.
6.12 DRAWING: Drawing shall mean prints of the maps, drawings, plans in Section - J of the
contract and shall include any modifications of such drawings and any further detailed
drawings as may be issued by the Engineer-in-charge from time to time.
6.13 DEFECT(S) LIABILITY PERIOD: Defect(s) liability period" shall mean period as defined
in B-1 tender form from the date of issue of completion certificate by Engineer-in-
charge. Contractor will be responsible to make good of manufacturing /
construction/Erection defects within above period.
6.14 SINGULAR AND PLURAL: Works imparting the singular number shall also include the
plural and vice versa where the context requires.
6.15 HEADINGS AND MARGINAL HEADINGS: The headings and the marginal headings in the
contract are solely for the purpose of facilitating references and shall not be deemed to
be part thereof or taken into consideration in the interpretation of construction thereof
or of the contract.
6.16 Attendance report / History sheet / Register of the mechanical team/ office bearers /
officer & Civil department officer/ office bearers attended at the time of running under
water divers activity should be maintain. Concern Mechanical Engineer of Quality
Control / Inspection unit should be intimate regarding his presence, at the time of
underwater divers’ activity
7. ABBREVIATIONS
1 AE2 : Assistant Engineer Grade 2
2 APSD : Additional Performance Security Deposit
3 BG : Bank Guarantee
4 BOQ : Bill of Quantities
5 CA : Chartered Accountant
6 CE : Chief Engineer
7 CSD : Common set of Deviations
8 CSR : Common Schedule Rates
9 DD : Demand Draft
10 DEPT : Department
11 DSC : Digital Signature Certificate
12 DSR : District Schedule Rates
13 ED : Executive Director
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14 EE : Executive Engineer
15 EMD : Earnest Money Deposit
16 FDR : Fixed Deposit Receipt
17 GL: Ground Level
18 GoM : Government of Maharashtra
19 GPS : Global Positioning System
20 GR : (Maharashtra) Government resolutions
21 GST : Goods and Services Tax
22 HT : High Tension transmission line
23 ID : Identification card
24 IPC : Indian Penal Code
25 IS : Indian Standards
26 IT : Income Tax
27 JE : Junior Engineer
28 JV : Joint Venture
29 KF : POL component for Price variation
30 KL : Labour component for Price variation
31 KM : Material component for Price variation
32 KS : Steel component for Price variation
33 LOI : Letter of Intent
34 LT : Low Tension transmission line
35 MPW : Maharashtra Public Works (Manual)
36 MSEDCL : Maharashtra State Electricity Distribution Company Limited
37 MSETCL : Maharashtra State Electricity Transmission Company Limited
41. NEFT : National Electronic Funds Transfer
42. NIC : National Informatics Centre
43. O&M : Operation and Maintenance
44. PAN : Permanent Account Number
45. PSD : Performance Security Deposit
46. PSU : Public Sector Undertaking
47 .PWD : Public works Department
48. RPAD : Registered Post with Acknowledge Due
49. RTGS : Real Time Gross Settlement
50. SD : Security Deposit
51. SE : Superintending Engineer
52. SSR : State Schedule Rates
53. TDS :Tax Deducted at Source
54. WEBSITE : [Link]
55. WRD : Water Resources Department

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Appendix ‘ A ‘

Details of Work Tendered for and work in hand as on the date of Submission of this Tender.

Name of the Tenderer:-

Work in Hand Work Tendered For

Anticipated
Cost of Estimated Date when Stipulated
Date of Remark
Sr. No Name of Work Place of Tendered Remaining Work Cost Decision Is Date of
Completion
Country Cost Expected Period of
Completion
1. 2 3 4. 5. 6. 7. 8. 9. 10.
. .

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Appendix ‘B ‘

Details of works of similar type and magnitude carried out by the Contractor

Name of the Tenderer

Stipulated Date of Actual Date of

Sr. Name of Work Cost of Work Date of Starting Completion Completion Remarks
NO
1 2. 3. 4 6. 7. 8
. . .

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Appendix ‘C ‘

Details of Plant and Machinery Immediately Available with the Tenderer for this Work.

Name of the Tenderer:-

Sr. No Name of Work No of Units Kind & Make Capacity Age and Condition Present Remarks
Location

1. 2 3. 4. 5. 6 7. 8.
. .

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Appendix ‘D ‘
Details of Technical Personnel Available with the Contractor.

Name of the Tenderer:-

Sr. No Name of Work Qualification Whether working in Experience in Period of which the Remarks
Field or in Office Execution of person is working with
Similar Works the Tenderer

1. 2 3. 4. 5. 6. 7
. .

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Appendix ‘E’
Plant and Machineries
Affidavit on Rs. 500 Stamp paper
TENDER NOTICE NO- 20 For 2025-26
Name of Work - Manufacturing & Painting of Additional Embedment parts of Service gate &
Emergency gate 2.6 x 2.6 mtr and 15 MT EOT parts @ Bhandara flood control
project RD 2370 mtr . under Executive Engineer , Gosikhurd Rehabilitation
Division Unit , Nagpur

I ------------------------------------- age-------------address--------------------------- (Authorized signatory to

sign the contract/Deponent) hereby submit, vide this affidavit in truth, that I am the
owner/authorized signatory of the contracting firm-----------------I hereby agree to the conditions
mentioned below about machinery required for this work
1. I solemnly affirm that the complete and accurate list of the plant and machineries available with
[Name of the Bidder/Company] has been prepared and provided as per Appendix C of the tender
document.
2. I commit to making the machineries as delineated in section 4.1.18(F) of the tender document
available for the duration of the work in accordance with terms of the contract, whether owned,
rented or under lease. Furthermore, I affirm the capacity to manage these machineries on-site
or within the workshop, thereby ensuring the successful execution of the specified work
3. In the event of additional machinery or equipment is necessary during the course of work, I agree
to promptly provide and make them available to fulfill the contractual requirement.
4. I acknowledge the importance of ensuring that machinery and equipment meet applicable laws,
regulations and industry stranded for the quality and safety.
5. I am aware that any false statement or misrepresentation may result in legal consequents.

I further declare that the contents of this affidavit are true and correct to the best of my knowledge
and belief, and no part of it is false, nor have I concealed any material fact.

Signature of the Deponent

(Seal of the Company)

Name of the Deponent and Designation

VERIFICATION

I, the above-named deponent, do hereby verify that the contents of this affidavit are true and correct
to the best of my knowledge and belief. Nothing stated herein is false, and nothing material has been
Concealed.

Verified at [Place] on this [Day] day of [Month, Year].

DEPONENT
(Signature of the Deponent)
[NOTARY CERTIFICATION]
(Signature and Seal of the Notary)

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Appendix ‘F’
Technical Personal Available
Affidavit on Rs. 500 Stamp paper
TENDER NOTICE NO- 20 For 2025-26
Name of Work - Manufacturing & Painting of Additional Embedment parts of Service gate &
Emergency gate 2.6 x 2.6 mtr and 15 MT EOT parts @ Bhandara flood control
project RD 2370 mtr . under Executive Engineer , Gosikhurd Rehabilitation
Division Unit , Nagpur

I ------------------------------------- age-------------address--------------------------- (Authorized signatory to

sign the contract/Deponent) hereby submit, vide this affidavit in truth, that I am the
owner/authorized signatory of the contracting firm-----------------I hereby agree to the conditions
mentioned below about Technical personnel required for this work

1. I solemnly affirm that the complete and accurate list of all technical personnel available with
[Name of the Bidder/Company] has been prepared and provided as per Appendix D of the
tender document.

2. That all the technical personnel required for the execution of the aforesaid work, possessing
the desired skill sets, will be made available at the worksite as and when required.

3. That [Name of the Bidder/Company] undertakes to comply with all relevant industry norms,
rules, and regulations, including applicable labor laws, during the execution of the work.

4. That this affidavit is being submitted to the tendering authority in compliance with the
requirements of the tender document and forms an integral part of our bid submission.

I further declare that the contents of this affidavit are true and correct to the best of my
knowledge and belief, and no part of it is false, nor have I concealed any material fact.

Signature of the Deponent

(Seal of the Company)

Name of the Deponent and Designation

VERIFICATION

I, the above-named deponent, do hereby verify that the contents of this affidavit are true and correct
to the best of my knowledge and belief. Nothing stated herein is false, and nothing material has been
concealed.

Verified at [Place] on this [Day] day of [Month, Year].

DEPONENT
(Signature of the Deponent)
[NOTARY CERTIFICATION]
(Signature and Seal of the Notary)

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PROFORMA – A

“DECLARATION OF THE CONTRACTOR”

Name of Work: - Manufacturing & Painting of Additional Embedment parts of Service gate
& Emergency gate 2.6 x 2.6 mtr and 15 MT EOT parts @ Bhandara flood
control project RD 2370 mtr . under Executive Engineer , Gosikhurd
Rehabilitation Division Unit , Nagpur

I/We hereby declare that I/We have made myself / ourselves thoroughly conversant
with The Focal conditions regarding all materials and labor on which I / We have based my
our rates for this tender. The specifications and leads on this work have been
carefully studied and understood before submitting this tender. I / We undertake to use
only the best materials\ Approved by Executive Engineer or his duly authorized assistant
during execution of the work and to abide by the decisions. I am Liable for action under
Indian Penal Code if any paper is found false/ fraudulent during contract period and even
after the completion of contract (finalization of final bill)
I / We declare that all the terms and conditions mentioned in the tender are acceptable
to me.

Sign of the contractor,

With Name & Seal

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PROFORMA - B
Affidavit ( on Rs.500/- Stamp Paper)
( Before Executive Magistrate / Notary)

TENDER NOTICE NO- 20 For 2025-26

Name Of Work :- Manufacturing & Painting of Additional Embedment parts of Service gate
& Emergency gate 2.6 x 2.6 mtr and 15 MT EOT parts @ Bhandara flood
control project RD 2370 mtr . under Executive Engineer , Gosikhurd
Rehabilitation Division Unit , Nagpur

I ------------------------------------- age--------address---------------------------(Authorized signatory

to sign the contract) hereby submit, vide this affidavit in truth, that I am the owner
of the contracting firm------------------------------/ Authorized signatory and I am
submitting the documents for the work in envelope no.1 for the purpose of scrutiny
of the contract. I hereby agree to the conditions mentioned below-

1. I am liable for action under Indian Penal Code and information technology act
2000 for submission of any false/ fraudulent paper /information submitted in
envelope no.1.

2. I am liable for action under Indian Penal Code and information technology act
2000 if any false information, false bill of purchases, false supporting proof of
purchase or purchase or proof testing submitted by my staff, subletting agency or
myself is found during contract period and defect liability period.

3. I am liable for action under Indian Penal Code and information technology act
2000 if any paper are found false/ fraudulent during contract period and even after
the completion of contract (finalization of final bill)

4. I am liable for action under Indian Penal Code and information technology act
2000 if any information is concealed which will affect the calculation of bid capacity.

(Signature of contractor)
(Seal of company)

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(On Stamp Paper Worth Rs.100/-)

MODEL FORM OF BANK GAURENTEE BOND

In consideration of the Government of Maharashtra (herewith referred to as "The Government") having

agreed to exempt (hereafter referred to as "The
Contractor") from depositing with the Government in cash the sum of Rs. (Rupees
Only) being the amount of security deposit pay-
able by the Contractor to the Government under the Terms and Conditions of the agreement dated the
day of and made between the Government of
the one part and the the Contractor of the other part (hereinafter referred to as the said agreement) for
as security for observance and performed by the Contractor of the Terms
and Conditions of the said agreement on the Contractor furnishing to the Government a guarantee in
the prescribed form of a schedule bank in India being in fact these presents in the like sum of Rs.
(Rupees Only). We
BANK / LIMITED registered in India under Act. and having one
of our local Head Office at do hereby.
1. Guarantee to the Government.
a) Due performance and observance by the Contractor of the Terms, covenants and
Conditions on the part of the Contractor in the said agreement and.
b) Due and punctual payment by the Contractor to the Government of all sums of money,
losses, damages, cost charges, penalties and expenses payable to the Government by the
Contractor under or in respect to the said agreement.
2. Undertake to pay to the Government on demand and without demur and not withstanding
any dispute or dispute raised by the Contractor(s) in any suit proceeding field in any court or
tribunal relating thereto the said sum of Rs. (Rs.
Only) or such less sum may be demanded by the Government from us
our liability here under being absolute and unequivocal and agreed that.
3. a) The guarantee herein contained shall remain in full force and effect during the subsistence
of the said agreement and that the same will continue to be enforceable till all the dues of
the Government under or by virtue of the said agreement have been duly paid and its
claims satisfied or discharged and till the Government certifies that the Terms and
conditions of the said agreement have been fully, properly carried out by the Contractor.
b) We shall not be discharged or released from the liability under guarantee by reason of
I) any change in the Constitution of the bank or the Contractor or,
II) any agreement entered into between the Government and the Contractor with or
without our consent
III) any forbearance or indulgence shown to the Contractor.
IV) any variation in the Terms covenants or Conditions contained in the said agreement. V)
any time given to the Contractor or,
VI) any other Conditions or Circumstances under which, in law, a security would be discharged
c) Our liability herein under shall be joint and several with that of the Contractor as if we
were principal debtors in respect of the said sum Rs. (Rs.
only) and
d) We shall not revoke this guarantee during it's currency expect with the previous consent in
writing of the Government
IN WITNESS WHEREOF the common seal of has
been hereunder affixed this day of . The common seal of
was pursuant to the resolution of the Board of
Directors of the Company dated the day of herein
affixed in the presence of who, in token thereof
have hereto set their respective hands in presence of.
1.
2.

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GENERAL CONDITIONS
8.1 DEFINATION OF TERMS:
In constructing these general conditions and annexed specification, the following words shall
have the meaning herein assigned to them unless there is something in the subject or context inconsistent
with such construction.
The “Purchaser” shall mean the Governor of Maharashtra and shall include his successors & assignees.
The “Contractor” shall mean the Tenderer whose tender shall be accepted by the purchaser and
shall include the tender’s legal personal representatives, successors and permitted as- signees.
The “Sub-Contractor” shall mean the person named in the contract for any part of the work of any
person to whom any part of the contract has been subject with the consent in writing of the Engineer and
the legal representatives, successors and permitted assignees of such persons.
The “Engineer” or “Engineer-in charge” shall mean The Executive Engineer, Mechanical
Engineering workshop division Nagpur or duly authorized representative.
“Plant” shall mean and include any machine, fixed or movable to be used for storing of Mechanical
and Electrical spare parts of Earth moving equipment’s Trucks spare parts and so on.
“Work or Works” shall mean the whole of the plant and materials to be provided and work to be
provided and work to be done executed or carried out the contractor under the contract.
The “Contract” shall mean the agreement to be entered in to under clause of these General
conditions and shall also include all the documents by which any agreement by the contractor to provide
to execute or carry out the plant work of works shall be constituted or in or any of them are contained
or set forth specially including these general conditions any special conditions attached to or issued with
these conditions the specifications, drawings the invitation of tenders (if any) or any other letter of
notice or document upon or with reference to which the tender is made the tenderer the acceptance
thereof and the “schedule of price (if any) furnished by the contractor with his Tender.

“The specification “shall mean the specification annexed to these general conditions and the
scheduled there to (if any)
“The Site” shall mean the whole of the premises buildings and ground in or upon which the
plant work or work is are to be provided/executed, erected done or carried out.
“Commercial Use” shall mean that the use of work which the contract contemplates or of
which it is to be commercially capable.
“Month” shall mean calendar month.

Words importing persons shall include firms, companies and corporations and vice verso where
the content requires. Words importing the singular only shall also include the plural and vice versa
where the context requires.

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8.2 CONTRACTIOR TO INFORM HIMSELF FULLY:
The contractor shall be deemed to have carefully, examined the invitation for tenders (if any) the
General and any special conditions (if any).
Detailed drawings shall be held to be more correct and binding then general drawings, and in like
manner drawings to a larger scale or for special instructions shall be held to be more correct and
bindings than drawings made to a smaller scale or for general instructions and figures dimensions
shall be held to be more correct than dimensions by scale, but subject nevertheless in case of
doubt or dispute as to any of the matter aforesaid to the determination and decision of the
Engineer as hereinafter is more particularly mentioned and provided always that nothing herein
contained shall limit the powers of the Engineer, hereinafter mentioned.

8.3 PATENT RIGHTS ETC:

The contractor shall fully indemnify the purchaser against all actions, suites, claims, demands,
costs. charges and expenses arising from or incurred by reason of any infringements for any
letters, patent designs, trade mark or name copy right or other protected rights in respect of any
machine, plant, work material thing or system or method of using, fixing, working or
arrangement used or fixed or supplied by the contractor, but this indemnity shall not extend or
apply to any action, suit claim demand, cost, charges or expenses arising from or incurred by
reason of the use of the works or any part there of otherwise than in the manner of for a
purpose contemplated by the contract. All royalties and other similar payments which may
have to be paid for the use of any such machine, plant, work, materials, things, system or
method as aforesaid (whether payable in one sum or by installments or otherwise) shall be
covered by the contract price and payable by the contractor.
In the event of any claim or demand being made or action or suit brought against
the Government in respect of any such matter or matters as aforesaid the Contractor shall be
duly notified thereof, and he shall conduct all negotiations for the settlement such claims or
demand and such action of suit shall also be conducted by him subject if and so far as the
purchaser shall think proper to the supervision and control of the purchaser through the
officer duly authorized in this behalf.

8.4 WORKMANSHIP:
Contractor should provide skilled Electrician, Mechanic, Fitter & Helper. Behavior of
Electrician, Mechanic, Fitter & Helpers should be polite and he must not consume alcohol during
duty period.

8.5 PACKING: (Not Applicable)

The contractor shall at his own cost provide for securely protecting and packing the material
so as to avoid damage in transit under proper conditions and he shall be responsible for all loss or
damage caused or occasioned by any defect in packing.
All bright parts shall be thoroughly protected from rust during transit. The purchaser will take no
responsibility for any damage done to the plant en route to the “ Site of Work ” or “ Place of
Delivery “ whichever may be specified.
8.6 DELIVERY:
The contractor shall include in the total of his tender the cost of delivering the All of the
Labor at Place mentioned in work order.

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8.7 NEGLIENCE:
If the contractor shall neglect to execute the work with due diligence and expedient or
shall refuse or neglect to comply with any reasonable order given to him in writing by the Engineer,
in connection with work or shall contravene the provisions of the contract the purchaser may
given seven days’ notice in writing to the contractor to make good the failure neglect or
contravention. Complained of the should the contractor fail to employ with the notice within a
reason- able from the date of service thereof an the case of a failure neglect or contravention capable
of being made good within time or otherwise within such time as may be reasonably necessary
for making it good, then and is such case the purchaser shall be at liberty to employ other work-
men and forthwith perform such work as the contractor may have neglected to do or if the
purchaser shall think fit, it shall be lawful for him to make the work wholly or impart out of the
contractor’s hands and reconstruct at a reasonable price with any other person or persons
provide any other materials, tools, tackle and labour for the purpose of completing the work of any
part thereof and in that event the purchaser, shall without being responsible to the contractor for
fair wear and tear of the same have the free use of all materials, tools, tackle, construction plant or
other things which may be on the site for used at any time in connection with the work to the
exclusion of any right of the contractor over the same & the purchaser shall be entitled to retain
and apply any balance which maybe otherwise due on the contractor by him to the contractor or
such part thereof as may be necessary to the payment of the cost of executing such work as
aforesaid.
If the cost the executing work as aforesaid shall be exceed the balance due to the contractor and
the contractor fails to make good the deficit, the said, materials, tools, tackle contractor may be
sold by the purchaser and the cost existing after crediting sales the proceeds shall be paid by the
contractor on the certificate of the Engineer, but when all expenses , cost and charges incurred
in the completion of the work are paid by the contractor the contractor shall be at liberty to
remove all such materials, tools, tackle construction plant or other things remaining unsold and the
same shall be removed by the contractor forthwith.

8.8 DEATH BANKRUPTCY ETC:’

If the contractor shall die or become insolvent or bankrupt or have a receiving order made against

him business under with or make any proposal for carrying on his business under inspection or for

the benefit of his creditors or commit an act of insolvency or bankruptcy, or being a corporation

pass a resolution or be ordered to be wound up or have a receiver of its business appointed the

purchaser shall be entitled forthwith by notice in writing to the contractor or his legal

representatives to determine the contractor or his legal representatives in writing to the contractor

or his legal representatives to determine the contract and the purchaser may in the event

complete with contract and in such time and manner and by such persons as he shall think fit and

may exercise the same powers and provisions contained in the lase proceeding clause.

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8.9 INSPECTION AND TESTING (Applicable)

The Engineer and his duly authorized representative shall have at all times access to the
Contractor’s premises or works and shall have the power at all reasonable times to inspect
and examine the materials and workmanship of the plant during its manufacture or erection
there and if the plant is being manufactured or recited and other premises or work, the
contractor shall obtain for the Engineer and for his duly authorized representative
permission to inspect as if the plant or materials where manufactured or erected on
contractor’s premises or works. The Engineer shall on giving seven days’ notice in writing to
the contractor setting out any grounds of objections which he may have in respect of the
work be at liberty to reject all or any materials, plant or workmanship, the subject of any of
the said grounds of objection which in his opinion are not in accordance with the contract or
are in this opinion defective for any reasons whatsoever unless specifically provided
otherwise all tests shall be made at the contractor’s works before shipment.
The contractor shall give the Engineer notice of any material being ready for testing
and the Engineer or his said representative shall on giving twenty four hours previous
notice in writing to the contractor, attend at the contractor’s premises or works within
seven days of the date on which the material is notified as being ready, failing which the
contractor may proceed with the test, which shall be deemed to have been made in the
Engineer’s presence and he shall forth- with forward the Engineer, duly certified copies of
the tests in duplicate.

8.9 A) TEST AT CONTRACTOR’S: (Applicable)

In all cases where the Contract provides for test whether at the premises or works of
the Contractor or of any subcontract, the contractor except where otherwise specified,
shall pro- vide free of charge such labour, materials, electricity, fuel, water, stores, apparatus
and instruments as may reasonably be demanded to carryout efficiently such tests of the
plant, in accordance with the contract and shall give facilities to the Engineer or to his
authorized representatives to accomplish such testing.
If special tests other than those specified in the contract are required they shall be paid for by
the Purchaser as “Variations” under clause 12.

When the tests have been satisfactorily completed at the Contractor’s or Sub-
Contractor’s premises of works the Engineer shall issue a certificate to that effect and no
plant shall be shipped before such certificates have been issued. The satisfactory
completion of these tests or the issue of this certificate shall not bind Purchaser to accept
the plant so passed for shipment, should it on further tests after erection be found not to
comply with the specifications.
8.9 B) TEST ON SITE COMPLETION: (Applicable ) -
‘Test on site completion ‘shall mean such test as are prescribed by the specification, to be
made by the contractor before the material is taken over by the Engineer - In - Charge
8.10 Providing Services of Heavy Duty Operator / Driver
Welder / Helper/Fitter/Mechanic/Driver must be provided as and when required by
Deputy Engineer Mechanical as per work requirement.

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8.11 ENGINEER’S SUPERVISION:

All the works shall be carried out under the direction and the reasonable satisfaction of
the Engineer in charge i.e. The Executive Engineer, Mechanical Engineering workshop
Division , Nagpur or his Authorized person. If supervision of erection or complete
erection be included the contractor shall be reason-able for the correctness of the positions.
Levels and dimensions of the works according to the drawings not withstanding that he
may have been assisted by the Engineer, in setting out the same.

8.12 ENGINEER’S DECISION:

In respect of all matters which are left to the decision of the Engineer, including the granting
or with holding of certificate, the Engineer, shall if required so to do by the contractor,
given in writing a decision there for and his reasons for such decision.

8.13 LIABILITY FOR ACCIDENTS AND DAMAGES:

In the case of “Any type of Accident, the contractor shall be entirely responsible, for all
loss &damage of the material, Machine, Vehicle, human life.

8.14 REPLACEMENT OF ELECTRICIAN, FITTER, HELPERS:

If service of any Electrician, Fitter, Helpers not found satisfactory to the Officer –In-charge,
the contractors will have to replace the Electrician, Fitter, Helpers. If during the progress of
the Engineer-in-charge shall decide and notify in writing to the contractor tor that the
contractor has executed any unsound or imperfect work, of has supplied materials inferior
in quantity or quantity to those specified, the contractor on receiving details of such
defects or deficiency shall at his own expenses, within 15 days of his receiving the notice
or otherwise within such time as may be reasonable necessary for making it good,
proceed to alter, reconstruct or remove such work or supply fresh material up to the
standard of the specification and in case the contractor shall fail so to do the purchaser may
on giving the contractor seven days, notice in writing of his intension so to do proceed, to
remove the work or materials complained of and at the cost of the contractor perform all
such work or supply all such materials provided that nothing in this clause shall be deemed
to deprive the purchaser of or affect any rights under the contract which he may otherwise
have in respect of such defects or deficiencies. No payment which may have been made on
account of the plant or materials delivered or work executed shall be looked upon a
acceptance of such or any plant material or work.

8.15 DEDUCTIONS FROM CONTRACT PRICE:

The amount of all cost, damages or expenses of other sums which under the contract shall

be payable by the contractor’s to the purchaser may be deducted by the purchaser from

any money due or be carrying due by him to the contractor under the contract, without

prejudice to the purchaser’s right to remove the same by the ordinary process of law.

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8.16 TERMS OF PAYMENTS:

Payment will be made on According to Attendance (Days of Work Done) of
Operator /Helper / Driver / Watchman after confirming monthly salaries to Operator
/Helper / Driver / Watchman are paid in Aadhar linked bank account. Contractor is
required to maintain attendance sheet. Government levies will be recovered from the bills.
No interest will be paid for delayed payment.
Payment will be made on according to completion of work and measurements
attendance recorded by the Engineer in charge & Authorized sub ordinates. Govt. levies
will be recovered from the bills No deviation from the above terms will be accepted Govt.
will not incur any liability to pay interest on bills the payment of which is delayed for any
reasons whatsoever.
NOTE :- TDS for GST will be deducted as per prevailing Rate declared by the Government
of Maharashtra from time to time.

8.17 EXTENSION OF TIME:

If the contractor shall desire an extension of time for completion of work on the ground of his
having unavoidable hindrance in its execution or on any ground, he shall apply in writing to the
Executive Engineer before the expiry of the period stipulated in the tender or before the
expiration of 30 days the date on which he was hindered aforesaid on the case for asking for
extension grant such extension as he thinks necessary or proper. If there is any dispute then The
decision of the Superintending Engineer in shall be final.

a) In case of delay in handling for the work due to unforeseen causes the shall not be
entitled for any compensation whatsoever from Govt. On the ground that the machinery
or labour was for certain period remain idle. Contractor may however apply for extension of
time limit which may be granted on the merit of the same. The contractor will not have any
claim in case of, delay by the Department of removal of tress or shifting arising, removing of
telegraph telephone or electrical lines (over head or underground) or other structure if
any which may come in the way of work. However suitable extension can be granted to
cover such delay.

b) Engineer-in-charge empowered if he feels that the contractor is not at a fault for the
completion of work otherwise he doubts about the slackness of the contractor in
execution of work. The matter will be referred to the Superintending Engineer. The
Superintending Engineer’s decision in this matter will be final.

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8.18 INSURANCE
Contractor shall take out necessary Insurance Policy / Policies so as to provide
adequate insurance cover for execution of the awarded contract work for total contract
value and complete contract period from the "Directorate of Insurance, Maharashtra State,
Mumbai" only. Its postal address for correspondence is "264, MHADA First Floor, Opp
Kalanagar, Bandra, (East), Mumbai 400 051" Similarly, all women's appointed to complete
the contract work are required to insure under workmen's Compensation Insurance Policy.
Insurance Policy / Policies taken out from any other company will not be accepted. If any
contractor has affected Insurance with any Insurance Company, the same will not be
accepted and the amount of premium calculated by the Directorate of Insurance will be
recovered directly from the amount payable to the con- tractor for the executed contract
work, also the amount of insurance as provisioned in schedule B will not be released.
Though the accepted value of tender is with the provision of insurance up to 1% of the
tender cost, amount to be released shall be limited to the value of insurance policy taken by
the contractor. (Maximum Up to 1% of the accepted Tender cost)

8.19 SUSPENSION OF WORKS

The purchaser shall pay to the contractor all reasonable expenses, including those provided
for in clause 3.15 arising from suspension of the work by order in writing of the purchaser
or the Engineer unless such suspension be due to some default or the contractor or
subcontractor. The purchaser shall have the right to inform the contractor not to ship any
part of the equipment execute any job if it is likely to cause any delay in its transport to site
due to Monsoons and the Contractor shall withhold shipment of such parts without any
extra charge for storage to the purchaser.

8.20 PENALTY FOR DAMAGE AND DELAY IN COMPLETION

If the contractor fails in the due performance of his contract within the time fixed by the
contractor by any extension thereof, and the purchaser shall have suffered any loss from
the delay occasioned by such failure, the Contractor is liable at the discretion of the Engineer
to a penalty up to 10 percent of the Contract price per month reckoned on the Contract value
of so much of the plant (Including the portion already supplied) as can not in, consequence
of the delay be used commercially and efficiently during such month between the appointed
or extended time a as the case may be and the actual time of acceptance under clause 3.22
and such penalty shall be in full satisfaction of the Contractor’s liability for delay, but shall
not in any case exceed 25 percent of the Contract value of such portion of the plant, which
remains undelivered.

8.21 TEST ON COMPLETION

a) Material will be inspected by the consignee or other representative authorized by the

Executive Engineer, prior to final commissioning.
b) Test certificates required should be made available promptly for inspection or approval.
c) No inspection charges will be paid extra on any account.

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8.22 TAKING OVER

a) Full Work to be completed within 3 Months time or availability of site as detailed in

schedule ’B’ or earlier if possible.
b) Where inspection of jobs is required to be done the period of inspection and approval of
same will no effect in any way the delivery period mentioned in the accepted tender.

c) The date of delivery is the date on which acceptable job have been accepted.

d) If the material is sent to the consignee by Pvt. vehicles by the contractor he should insure
that vehicles are reached to the consignees on any working day (except Sunday and
Government Holidays) from 8.30 hrs. to 11.30 hrs. only. Neither the con signee nor the
Dept. will be responsible for any loss to the supplier, due to detention of vehicles after the
working hrs. if vehicles do not reach within intimated limit specified above.

e) No Govt. vehicle or vehicles will be sent at the tenderer’s shop or go down for taking
delivery of the job ordered. The Tenderer will have to deliver the job at the place
specified.

f) Job materials should be consigned to the consignee and dispatched freight duly paid at
contractor’s risk.

g) If found not confirm to the specification and of the other requirements or if it is found to be

inferior or in damaged condition it will be rejected by the consignee Executive Engineer or

his authorized representative and the rejected job will have to be removed at Tenderer

risk, and at the cost within 7 days or as ordered by the consignee Ex. Engg. Or his

representative without any claims on the Dept. Otherwise ground rent will be recovered

from the Tenderer as will be decided by the consignee. Executive Engineers decision

regarding quantity of material shall be final and binding upon the Tenderer.

h) In the event it the materials are not supplied commissioned within the stipulated period of

delivery. Such job will not be accepted by the consignee Ex. Engg. unless otherwise

proper extension of time limit is granted by the consignee Ex. Engg. Such extension of the

time limit cases shall be decided by the reports received from the Tenderer at least one

week before the delivery period expires. In such circumstances the Tenderer should apply

stating specific reasons for such delay granting extensions time limit to consignee Ex.

Engg. Grant of such extension by no mean will prejudice the right of the consignee Ex.

Engg. to charge for liquidated damages as detailed under clause No. 2.

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8.23 GUARANTEE & GUARANTEE PERIOD

The Contractor/Seller hereby declares that the goods/stores/articles/mechanism sold

to the buyer under this contract shall be of the best quality ( and workmanship) and shall

be strictly in accordance with the specifications and particulars contained/mentioned in

the schedule here of and contractor/seller hereby guarantees that the said goods/stores/

articles/mechanism would continue to confirm to the description & quality aforesaid for

a period 360 days from the date of delivery of the said goods/stores/articles to

purchaser and that notwithstanding the fact that the purchaser (inspector) may have

inspected and / or approved the said good/store/articles. If during the aforesaid period

of 360 days the said good/store/articles/mechanism be discovered not be confirm to the

description and quality aforesaid or have deteriorated (and decision of the purchaser in

that behalf will be final and conclusive) the purchaser will be entitled to reject the said

good/store/articles/mechanism or such portion thereof as may be discovered not to

confirm to the said description & quality. On such rejection the good/store/articles/

mechanism will be at the contractors risk and all the provision herein contained relating

of rejection of goods etc. shall apply. The contractor shall if so called upon to do replace

the goods etc. or such portion thereof as is rejected by the purchaser otherwise the

Tenderer shall pay to the purchaser such damages as may arise by reason of the breach

of the condition herein contained. Nothing herein contain shall prejudice any other right

of the purchaser in that behalf under this contract or otherwise. Security Deposit will be

released only after expiry of warranty period.

8.24 PRICES/RATES

Prices/Rates mentioned in schedule B are excluding of all taxes & duties excluding Goods and
Service Tax.

8.25 CONSTRUCTION OF CONTRACTS

The Contract shall in all respect the and operated as a contract as defined in the Indian

Con- tract Act, 1972 and all payment there under be made in rupees unless otherwise

specified.

8.26 INCOME TAX

Income Tax is to be deducted from the Sums to paid to the contractor for the works carried

out at two percent of the gross amount from each bill or as amended from time to time.

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8.27 STANDARD PACKING SPECIFICATIONS (Not Applicable)

The material should be security packed as per standard practice and should be acceptable to

Transport Authority. Packing notes should be furnished to the consignee in respect of

every consignment.

8.28 TESTS ON SITE COMPLETION

Test on Completion “shall mean such tests as are prescribed by the specification, to be

made by the Contractor” before the material is talking over by the purchaser.

8.29 SUBMITTING OF CONTRACT

The Contractor shall not, without the consent in writing of the Engineer of Purchaser,

assign or submit his contract or any substantial part thereof, other than for raw materials

for minor details or for any part of the work of which the manufacturers are named in

the Contract provided however that any such consent shall not relieve the Contractor

from any obligation, duty or responsibility under the Contract.

8.30 METHOD OF PAYMENT TO WORKERS EMPLOYED BY CONTRACTOR

Contractor shall make payments of salaries and wages to all employees and Laboures

through bank account linked to Unique Identification Number (AADHAR CARD) and shall

submit a certificate accordingly to the Engineer-in-charge. The certificate shall be

submitted by the contractor within 60 days from the commencement of the contract. If the

time period of the contract is less than 60 days, in such case The certificate shall be

submitted by the contractor within 15 days from the commencement of the contract.

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8.31 It is compulsory that maintenance crew should have same work experience.
8.32 Life insurance of electrician, mechanic, fitter & Helper should be drawn by service provider
Organization.
8.33 If during operation of electrician, mechanic, fitter & Helper get bodily injury or Death its
compensation should be given by service provider organization.
8.34 If during maintenance of gate due to accident machine/vehicle get own damage or damage
to third party property it’s compensation should be given by service provider Organization.
8.35 If during maintenance of gate due to accident gates get own Damage or damage third party
property it’s compensation should be given by service provider organization.
8.36 Heavy Duty Operator / Driver will not be given any transport or living allowances.
8.37 It Hard copy of tender will not be accepted in any circumstances.
8.38 The contractor or the firms tendering for the work shall inform the Department it they
appoints their authorized agent on the work.
8.39 No foreign exchange will be released by the Department for the purchase of plants and
machinery for the work by the contractor.
8.40 Any dues arising out of contract will be recovered from the contractor as arrears of Land
Revenue, if Not paid amicably. Moreover, recovery of Government dues from the
Contractors will be affected from the payment due to the Contractor from any other
Government work under execution with them.
8.41 All pages of tender documents, conditions, specifications, correction slips etc. shall be
initialed by the tenderer. The tender should bear full signature of the tenderer or his
authorized power of Attorney holder in case of firm.
8.42 The Income Tax @ 2.00 % or percentage in force from time to time or at the rate as
intimated by the competent income Tax authority shall be deducted from bill amount
whether measured bill, advance payment or secured advances.
8.43 The tenderer shall submit the list of apprentices engaged by the Contractor under
Apprentice Act

9.00 VALIDITY PERIOD

The offer shall remain open for acceptance for minimum period of 60 days from the Date of
opening of Envelop No.2 (Financial Bid) and thereafter until it is withdrawn by the contractor
by notice in writing duly addressed to the authority opening the tender and sent by
Registered Post Acknowledgment due.
10.00 The Contractor will have to sign the hard copy of the tender papers and the drawings
according to which the work is to be carried out. The contractor shall also have to given a
declaration to the effect that, he has fully studied the plans, specifications, local conditions
and availability of labour and material and that he has quoted his rates with consideration to
all these factors.

11. Minimum Eligibility Criteria to Qualify

Registration with Mechanical Organization of Government of Maharashtra is not necessary.

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[Link] DECISION MAKING AUTHORITY : The Competent Authority of Water Resources
Department, reserves right to accept or reject any or all the applications for this Tender
without assigning any reasons thereof and his decision will be final.

13. GOODS AND SERVICE TAX : The rates to be quoted by the bidder must be exclusive of Goods
& Service Tax. Goods & Service tax shall be paid at the time of payment of R A Bills on
production of tax invoice (Under GST Act) & GST Paid Challan.

14. CONDITIONAL TENDER : Conditional tenders will be summarily rejected. The tenders which
do not fulfil any of the conditions of the notified requirements laid down in this detailed
tender notice, the general rules and directions for the guidance of the bidders as mentioned in
the B-1 form or in complete in any respect are likely to be rejected without assigning reasons
thereof.
15. VALIDITY FOR 60 DAYS : The offer shall remain valid for a period of 60 (Sixty days) days from
the date of the opening of financial bid. If the acceptance of the tender is not communicated
within 60 days and if the offer is withdrawn by the bidder, earnest money deposit shall be
refunded in full.

16. FORFEITTURE OF E.M.D., ADDITIONAL PERFORMANCE SECURITY DEPOSIT &

CANCELLATION OF LETTER OF ACCEPTANCE: Letter of acceptance given to successful
bidder shall stand cancelled & its E.M.D will be forfeited in following events and under such
circumstances Tender Acceptance Authority may consider next lowest bidder, if he is found
suitable.
1) Successful bidder fails to deposit Additional Performance Security Deposit, Initial Security
Deposit within stipulated time.
2) Successful bidder fails to give various undertakings & declarations given in tender
document.
3) Successful bidder fails to execute contract agreement in format released on website.

17. Stamp Duty : The bidder shall pay on agreement cost as per provision of Maharashtra Stamp
Act 2015 and Maharashtra Stamp Act - Changes by Ordinance dated 14/10/2024 as below.
a) Where the amount or value set forth in such contract does not exceed Rs. Five Lakh, then
Stamp Duty- Rs. Five Hundred only.
b) Where the amount or value set forth in such contract exceed Rs. Five Lakh, then Stamp
Duty- Rs. Five Hundred plus 0.3% of the amount above Rs. Five Lakh subject to maximum
of Rs. Twenty-Five Lakh.
The above amount of Stamp Duty upto Rs.5000/- shall be paid by Franking and the
amount above Rs.5000/- shall be paid by eSBTR.
It is binding on the Contractor to execute The Agreement on Non-Judicial Stamp Paper
Purchased or franking from authorized vendor by Him Amounting to Value Applicable to
contract Cost as per extant rules.

18. Submission of fake documents : During the period viz tender scrutiny acceptance, payment
of bills, defect liability period after finalization of tender and finalization of work, if it is
noticed that, bidder has submitted false documents, action will be taken as per guide lines
issued by Govt. of Maharashtra vide PWD G.R. No CAT/ 2018/ Case No.127/ Building-2, dated
28/11/2018 (and corrigendum if any). In additional to this, the amount of earnest money
deposit, Security deposit and additional performance security will be forfeited; The concerned
bidder will be disqualified for three years in participation of any tender procedure in Water
Resources Department.

19. The tenderer has to submit the Affidavit (Proforma-6) on Rs. 500/- Stamp Paper in Envelope
no.1 regarding authenticity of the documents submitted by him. Water Resources
Departments officials will not be responsible and Only Contractor will be responsible if any
paper found false / fraudulent in envelope no.1, during tender accepting process, while
submitting the supporting documents of bill, during defect liability period or during
finalization of work. In such case, Action will be taken against Contractor as per the Public
Works Departments Government resolution no. CAT/2018/ case no.127, dated 28/11/2018
(and corrigendum if any), and EMD /SD /Additional Performance SD will be forfeited and
contractor will be banned for 3 years from participating in departments any tender process.
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SPECIAL CONDITION OF CONTRACT

4.1 GENERAL
The purchaser reserves the right of rejecting any or all tenders and of accepting
separate tenders for reason. All royalties for patents or charges for the use of infringements
thereof that may be involved in construction or use of any equipment or appliances to be
furnished under this specification shall be included in the tender prices. The contractor shall
protect the purchaser against any and/or all claims arising on account of use, thereafter the
purchaser agreeing to furnish the contractor any appropriate information or assistance.
All work included the specification shall be carried in accordance with the “general
conditions of contract for plant, machinery and manufactured equipment” copy of which is
attached hereto, except otherwise modified under these special conditions. However, in case of a
dispute arising from the contract the decision of the engineer of the Department shall be
considered as final and binding on the contractor.
Due consideration will be given to any special devices or adjustments put forward by
the tenderer which are calculated, to enhance the general utility and safe and efficient operation of
the plant provided same are conveyed in writing to the purchaser and approved by him. If
the manufacturer feels that his standard equipment for any items would be mores it able and
economical than what is specified here, he is invited to offer it as an alternative. However,
complete information on the item must be furnished in the tender.
In order that the tenders may receive full consideration the whole of the information
asked in the accompanying schedules and elsewhere in this specification must be supplied
and by the tenderer and the tenders received with incomplete information as asked for in the
specification shall be treated as incomplete and are liable for rejection. In case conditions of
the contract appended with this specification are at variance with those stipulated in special
conditions of the contract of this specification, the provisions as contained in the special
conditions of the contract shall apply only.

4.2 LIMITS OF CONTRACT

The contractors shall be entirely responsible for the execution of the Contract in all
respects in accordance with the terms of the enclosed specification and the conditions of the
contract not withstanding any approval which the representative of the Purchaser might have
given of the detailed drawings and schemes given by the Contractor or by his sub-contractor or
of material or other parts of the work involved in the contract of the tests carried out either by the
Contractor his sub-contractor or by the representative of the purchaser.
Through the contractors scope of supply shall be normally limited to the items
scheduled in the contract specifications, the scope of supply can be changed by the Engineer as
per the Provision of clause No. 3.7 “Power to vary or omit work” of the general conditions of
the Contract. All such items must be complete in themselves in all details whether mentioned
or not. In case of any difference, the decision of the Engineer of Department will be final and
binding of the contractor.

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4.3 INSURANCE
The insurance for the equipment shall be affected by the contractor with the Govt.
Insurance Fund on behalf of the Department covering the risks towards handling transit,
storage at site, re-transporting up to place of erection, erecting & testing of the equipment
at site. The contractor shall take the policy in the name of the consignee of the Department.
The insurance policy then will be assigned to the contractor for further operation.
The insurance shall be full and shall cover any loss or damage in accordance with clause 3.18.
Insurance of the “General Conditions” of the contract for plant, machinery and
manufactured equipment and erection works. The damaged materials will be set right or
replaced by the Contractor, free of cost. The claims arising out of the “composite Insurance
Policy” shall be deal with or handled by the contractor at his own cost after receipt of
preliminary damage/loss intimation given to the contractor by the purchaser.

4.4 GUARANTEE
The Contractor shall guarantee among other things the following.
Mechanic, Fitter, welder, helper, electrician and helper should present on time and
whenever required.

4.5 RIGHT TO OPERATE UNSATISFACTORY ARTICLES, MATERIALS AND SUPPLIES

Till the expiry of performance guarantee period of the operation or use of the articles or
supplies prove to be unsatisfactory to purchaser, the purchaser shall have the right to
operate and use the articles, materials and supplies un till the satisfactory articles, materials
and supplies can be taken out of service without affecting the running and operation of
the plant for making the correction of latent defects, errors or omissions by the contractor
without any extra cost.

4.6 DELIVERY AND COMPLETION TIME AND PENALTIES FOR DELAY

The delivery periods indicated under “Detailed Tender Notice “shall be strictly adhered to by
the contractor. The purchaser at his option may give preference to the tenderer guaranteeing
shorter deliveries. The tenderer shall note that the shortage of Labour shall not constitute
the force majeure conditions. The guaranteed periods for delivery to site, completion of
work. Tests and commissioning shall be clearly stated and guaranteed in the tender. It
shall be binding on the part of the contractor to complete erection, testing and
commissioning of plant / equipment at site within the time stipulated in the Detailed
Tender Notice from date of Receipt of notification from the purchaser advising the
contractor to start the erection of the plant/equipment. The penalty clause for delay in
completion and amounts to be paid for at the general conditions of the contract shall be
accepted by the contractor and will be strictly enforced for delay in delivery or
completion of erection, testing and commissioning of the equipment.

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4.7 INSPECTION
A representative nominated by the department shall have access to the Contractor’s or
subcontractor’s works at any time during working for. The purpose of inspecting the
progress of manufacture and tests on the material. The Contractor shall provide necessary
facilities for inspection and testing.

4.8 SHIPMENT /TRANSPORT (Applicable)

The Purchaser may at his option appoint a transport agent for transport of the materials.
The Contractor shall co-operate with the purchaser and will inform him about the readiness
of the materials for dispatch well in advance But the Contractor shall be responsible for the
damage to the equipment during transport to site. It is presumed that the Contractor has
acquainted him- self fully regarding the limitations of size and weight of the packages which
can be transported over the different routes. All parts of the equipment shall be designed
in such a way that the transport restrictions on weight & size of the packages are properly
observed. Each case shall be clearly marked (marking shall be communicated to the
successful tenderer) and shall contain a detailed packing list. Care shall be taken to ensure
that the mode of packing is accept- able to the Insurance Authorities suitable for transport
under the conditions of road and railways existing up to site, where equipment has to be
installed.

4.9 DELIVERY OF MATERIALS

(Not Applicable)
Under no circumstances the material shall be forwarded until dispatch instructions shall
have been given to the Contractor, failing which the Contractor shall be held responsible for
all con- sequential things arising there from. Notification of delivery or dispatch besides
other particulars shall also specify (i) mode of trans- port, (ii) Particulars of dispatch
document (iii) 100 % price of the consignment plus the taxes duties etc.
In regard to each & every consignment shall be made to the purchaser and the insurance
authorities immediately after dispatch or delivery. The supplier shall further supply
immediately to the consignee a priced invoice and packing account of all stores delivered or
dispatched by him. All packages, containers, bundles and loose materials forming part of
each and every
Consignment shall be described fully in the packing account and full details of the contract
of packages and quantity of materials shall be given to enable the consignee to check stores
and arrival/destination.

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4.10 DEPARTURES FROM SPECIFICATION

Should the tenderer wish to depart from the provisions of the specification he shall
clearly mention such departures Under Schedule No. VI giving his reasons there for.
Unless this is done, the plant offered shall be deemed to comply in every respect with this
specification and all the terms and conditions of the specification apply into.

4.11 FINALISATION OF CONTRACT

Before the issue of letter of intent to the successful tenderer, it will be binding on him to
attend the meeting (S) called for by the department, and sort out each and every clause of
the specification. The tenderer is at liberty to put forth his views about clauses requiring
changes /modifications/amendments etc. When all such ambiguous issues, terms etc. are
clarified, the tenderer will have to sign in token of acceptance of each and every clause of
the finally review/ modified/corrected specification superseding all terms and conditions
which he may have stated in his tender or subsequent correspondence.

4.12 DIVISIBLE WORKS CONTRACT

For all the purpose, this Contract shall be construed as a “Divisible works Contract” firstly
for the supply of items covered in this specification and secondly for the erection and
testing of all these items. However tenderer’s responsibility will be as indicated under
scope of supply and work.

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FORM B –1
PERCENTAGE RATE TENDER & CONTRACT OF WORK
DEPARTMENT- WATER RESOURCES DEPARTMENT
CIRCLE - MECHANICAL CIRCLE, Nagpur
DIVISION- Executive Engineer, Mechanical Engineering Workshop Division
Nagpur
NAME OF WORK :- Manufacturing & Painting of Additional Embedment parts of Service gate &
Emergency gate 2.6 x 2.6 mtr and 15 MT EOT parts @ Bhandara flood control project RD
2370 mtr . under Executive Engineer , Gosikhurd Rehabilitation Division Unit , Nagpur

GENERAL RULES AND DIRECTION FOR THE GUIDANCE OF CONTRACTORS

1. All works proposed to be executed by contract shall be notified in a form of invitation to tender
passed on aboard hung up in the office of the Executive Engineer and signed by the Executive
Engineer.
This form will state the work to be carried out as well as the date for submitting and opening
tenders and the time allowed for carrying out the work, also the amount of the earnest money to
be deposited with the tender, and the security deposit to be deposited by the successful
tender and the percentage if any, to be deducted from bills. It will state whether refund of a
quarry fees, royalties, dues and ground rents will be granted, copies of the specifications,
signs and drawings estimate rates, scheduler rates and any other documents required in
connections with the work shall be signed by the Executive Engineer for the purpose of
identification and shall also be open for inspection by contractors at the office of the Executive
Engineer during office hours.
Where the work are proposed to be executed according to the specifications recommended by
a contractor and approved by a competent authority on the government of the Government of
Maharashtra such specifications with designs and drawing shall form part of the accepted
tender.
2. In the event of the tender being submitted by a firm, it must be signed by each partner thereof,
and in the absence of any partner, it shall be signed on his behalf by a person holding a power of
attorney authorizing him to do so.

2. A) 1) The Contractor shall pay along with the tender the sum of Rs. 8100/- ( Eight
Thousand One Hundred Only )as and by way of earnest money. The contractor may
pay the said amount by forwarding alongwith the tender . Term deposit Receipt for a
period of one year of any Schedule bank and duly endorsed in the name of Executive
Engineer , Mechanical Engineering workshop division Nagpur for the said amount .
The said amount of earnest money shall not carry any interest whatsoever.
(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 the amount of security
deposit payable by him under conditions of General conditions of contract.
III) If after submitting the tender the contractor withdraws his offer or modifies the same or it
after the acceptance of his contractor fails or neglects to furnish the balance of security
deposit without prejudice to any other rights and powers of the Government hereunder of in
law Government shall be entitled to forfeit the full amount of the earnest money deposited by
him.
* Strike out which is not required

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V) In the event of his tender of his tender not being accepted, the amount of earnest money
deposited by the contractor shall unless it is prior thereto forfeited under the provision of sub
clause (iii) above be refunded to him on his passing receipt therefore.
3. Receipts for payment made on account of any work, when executed by a firm should also be
signed by all the partners except where contractor are described in their tender as firm, in
which case the receipt shall be signed in the name of the firm by one of the partners or by
some other person having authority to give effectual receipts of the firm.
4. Any person who submits a tender shall fill up usual printed form starting at what percentage
above or below the rates specified in the schedule B (memorandum showing items of work to be
carried out) he is willing to undertake the work. Only one rate or such percentage on all the
estimated rates / Schedule rates shall be named. Tender which propose any alteration in the
work specified in the said form of invitation to tender or in the time allowed or carrying out the
work, or which contain any other conditions of any sort will be liable to rejection. No printed
forms of tender shall include a tender for more than one work but if contractor who wish to
tender two or more works they shall submit a separate tender for each Tender shall have the
name & number of the work to which they refer, written outside the envelope.
5. The Executive Engineer or his duly authorized Assistant shall open tender in the presence of
contractors who have submitted tenders or their representatives who may be present at the
time and he will enter the amounts of the several tenders in the comparatives statement in a
suitable form. In the event of tender being accepted the contractor should for the purpose of
identification sign copies of the specifications and other documents mentioned in the rule 1. In
event of tender being rejected the Divisional Officer shall authorized the Treasury Officer
concerned to refund the amount of the earnest money deposited to the contractor making the
tender, on his giving a receipt or the return of the money.
6. The office competent to dispose of tenders shall have the right of rejecting all or any of the
tenders.
7. No receipt for any payment alleged to have been made by a contractor in regard to any matter
relating to this tenders or the contract shall be valid and binding a Government unless it is
signed by the Executive Engineer
8. The memorandum of work to be tendered for and the schedule of material to be supplied by the
Department and their rates shall be filled in the completed by the office of the Executive
Engineer before the tender form is issued. If a form issued to an intending tenderer has not
been so filled in and compels and delivers his tender.
9. All work shall be measure net by standard measure and according to the rules and customs of
the Department and without reference to any local custom.
10. Under no circumstances shall any contractor be entitled to claim enhanced rates for items in this
contract.
11. Every unregistered contractor shall (unless exempted in writing by the Executive Engineer
concerned) produce along with his tender, a solvency certificate to the extent of 20% of the
tendered cost of the work from the Collector of the District or Tahsildar Taluka within which he
resides or a banker’s certificate of his financial stability. If he fails to produce such a certificate
his tender will not be considered.

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OR
Every registered contractor should produce along with his tender certificate of registration as
approved contractor in the appropriate class renewal of such registration with date of expiry.
12. All corrections, additions or pasted slips should be initialed.
13. The measurements of work will be taken according to the usual methods in use in the
Department and no proposals to adopt alternative method will be accepted. The Executive
Engineer’s decision as to what in the usual method in use in the Department will be final.
14. The tendering contractor shall furnish a declaration along with the tender showing all works
for which he has already entered into contract and the value of the work that remains to be
executed in case on the date of submitting the tender, in the form at Appendix ‘D’
15. Every tenderer shall furnish along with tender, information regarding the income tax circle or
ward of the district in which he is assessed to Income tax circle or ward of the district in which
he is assessed to Income tax the reference to the number of the assessment and the
assessment year and a valid Income Tax clearance certificate

16. In view of the difficult position regarding the availability of foreign exchange no foreign exchange
would be released by the Department for the purchase of plant and machinery required for the
executive of the work contracted for (GCM /PWD/ CFD/ 1058 62517 of 26/9/59)

17. The contractors will have to construct shed for storing controlled and valuable materials issued to
him under Schedule ‘A’ of the agreement at work site, having double locking arrangement. The
materials will be taken for use in the presence of the Department person .No materials will be
allowed to be removed from the site of works.
18. The contractors shall also give a list of machinery in their possession and which they propose to
use on the work in the form of statement No III
19. Every unregistered contractor should furnish along with tender a statement showing previous
Experience and technical staff employed by him in the form of statement No IV
20. Successful tenderer will have to produce to the satisfaction of the accepting authority a valid
and current license issued in his favour under the provision of contract labour (Regulation and
Abolition Act 1973) before starting work failing which acceptance of the tender will be liable for
withdrawal and earnest money will be forfeited to Government.
21. The contractor shall comply with the provision of the Apprentices Act 1961 and the rules and
orders issued there under from time to time if he fails to do so his failure will be a breach of the
contract and the Executive Engineer, may in his discretion cancel the contract. The contractor
shall also be liable for any pecuniary liability arising on account of any violation by him of
provision of Act.

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Tender for Work

In figures as well as in
words I / We hereby tender of the execution, for the Governor of Maharashtra
(here-in-before and here-in-after referred to as ‘Government’) of the work
specified in the under writer memorandum within the time specified in
such memorandum at *………..……….percent below / above the
estimated rates entered in Schedule B (memorandum showing items of the
work to be carried out) and in accordance in all respects with the Rule 1
hereof and in Clause 12 of the annexed conditions of contract and agree
that when materials for the work and provided b the Government,
such materials and the rates to be paid for them shall be as provided in
Schedule A here to.
a) If several sub works are
included they should be MEMORANDUM
detailed in a separate list.
a) General Description: - Manufacturing & Painting of Additional
c) The amount of earnest Embedment parts of Service gate & Emergency gate 2.6 x 2.6 mtr and 15 MT
money to be deposited EOT parts @ Bhandara flood control project RD 2370 mtr . under Executive
shall be in accordance Engineer , Gosikhurd Rehabilitation Division Unit , Nagpur
.
with the provisions of b) Estimated cost Rs. 809444/-
paras 204 & 205 of the
M.P.W. Manual. c) Earnest money Rs. 8100/-

d) Security deposit : @ 2 %
d) This deposit shall be in
(i) FDR (Not less than the amount
accordance with paras
Of earnest money) Rs. 8100/-
211 & 212 of the M.P.W.
i) To be deducted from current bills Rs 8100/-
Manual.
--------------------------- ____________________________
Total Rs. 16200/-

e) This percentage where e) Percentage, if any to be deducted

no security deposit is From bills so as to make up the total amount
taken will vary from 5% to required as security deposit b the time, half
10% according to the the work as measured by the cost is done.
requirement of the case
where security deposit is
taken see note to clause
1 of the conditions of the
contract.

f) Give schedule where f) Time allowed for the Completion of Work 3 Months.
necessary showing dates (Including monsoon season)
by which the various
items are to be
completed

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2. I/we agree that the offer shall remain open for a minimum period of 60
days from the date fixed for opening the same & thereafter until it is
withdrawn by me /us by notice in writing duly addressed to the
authority opening the tenders and sent by registered post AD or
otherwise delivered at the at the office of such authority. ‘Treasury-Bank
challan No. & date or Deposit at call receipt No. & date or term deposit
receipt for a period of one year receipt No……….date ……… in respect of
the sum of Rs. *……………………in words.

…………………………………representing the earnest money is herewith

forwarded. The amount of earnest money shall not bear interest and
shall be liable to be forfeited to the government should I / We fail to (i)
abide by the stipulation to keep t h e offer open for the period
mentioned above or (ii) signed and complete the contract document as
required by the Engineer and furnish the security deposit as specified
in item (d) of the memorandum contain in paragraph (i) of the Annexed

General Conditions of Contract. The amount of earnest money may be

adjusted towards the security deposit or refunded to me / us if so
desired by me / us in, writing, unless the same or any part thereof has
been forfeited as aforesaid.

3. I/We have secured exemption from payment of earnest money after

executing the necessary bond in favour of the govt. a true copy of which

enclosed herewith should any occasion for forfeiture of earnest money

for this work arise due to failure on my/ our part to (i) abide by the
stipulation to keep the contract document and furnish the security deposit
as specified in item (d) of the Memorandum contained in paragraph 1
above within the time limit laid down in clause (l) of the annexed general
condition of contract the amount payable by me/us may at the option of the
engineer be recovered out of the amount deposited in lump sum for

securing exemption in so far as the same may extend in terms of the

said bond & in the event of the deficiency out of any other moneys
which are due or payable to me / us by the Government under any other
contract or transaction of any nature whatsoever or otherwise.

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4. Should this tender be accepted I/ We hereby agree to abide by & fulfill

& the terms & provisions of the conditions of contract annexed hereto

so far as applicable & in default thereof to forfeit & pay to Government

the sum of money mentioned in the said conditions.

Receipt No. ………....... dated……….......... from the Government

Treasury or Sub- Treasury at …….........

In respect of the sum of Rs.* ……….. is here with forwarded representing the

earnest money (a) the full value of which is to be absolutely forfeited to

Government should I / we not deposit the full amount of security

deposit specified in the above memorandum in accordance with clause

1 (A) of the said conditions, otherwise the said sum of Rs……......…………

shall be refunded Contractor

Address Signature of Contractor

Before submission of Tender.

Dated the day of 20

(Witness)

Address Signature of witness to

Contractor’s signature

(Occupation)

The above tender is hereby accepted by me for and on behalf of the

Government of Maharashtra.

Dated Day of 20 Signature of the officer

By whom accepted

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Conditions of contract

Clause 1: The person / persons whose tender may be accepted Security Deposit
(hereafter called the contractor, which expression shall unless PWD Resolution No. CAT / 1087
excluded by or repugnant to the context include his heirs, executers, / CR – 94 / Bldg. 2 dt. 14/06/1989
administrator, & assigns) shall (A) within 10 day (which may be
extended by the superintending Engineer concerned up to 15 days if
Superintending Engineer thinks fit to do so) of the receipt by him of
the notification of the acceptance of his tender deposit with the
Executive Engineer in cash or Govt. securities endorsed to the
Executive Engineer. ( if deposited more than 12 months) of some
sufficient which will made up the full security deposit specified in
the tender or (B) (permit Govt. at the time of making any payment
to him for work done under the contract deduct such as will as
amount to *5% of all money so payable such – deductions to be
held by Government by way of security deposit) Provided always that
in the event of the contractor depositing a lump sum by way of
security deposit as contemplated at (A) above then & in such case,
if the sum so deposited shall not amount to 5% of the total
estimated cost of work, it shall be lawful for Govt. at the time of
making any payment to the contractor for work done under to make
up the full amount of 5% by deducting sufficient sum from every such
payment as last aforesaid until the full amount of security deposit
is made up. All compensation or other sums of money payable
by the contractor to the Govt. under the terms of his contract
may be deducted from or paid by the sale of sufficient part of his
security deposit or from the interest arising there from, or from
any sums which may be due or may become due by Govt. to the
contractor under any other contract or transaction of any nature on
any account whatsoever and in the event of his security deposit
being reduced by reason of any such deduction or sale as aforesaid,
the contractor shall within 10 days thereafter make good in cash or
Govt. securities endorsed as aforesaid any sum or sums which
may have been deducted from or raised by sale of his security
deposit or any part thereof. The security deposit referred to when
paid in cash, at the cost of depositor be converted in to interest
baring securities provided that the depositors has expressly
desired this in writing.
If the amount of security deposit to be paid in a lump sum within
the period specified at (A) above is not paid the tender / contract
already accepted shall be considered as cancelled and legal steps
taken against the contractor for recovery of the amounts. The
amount of the security deposit lodged by the contractor shall be
refunded along with the payment of the final bill, if the date upto
which the contractor has agreed to maintain the work in good order is
over. If such date is not over, only 50% amount of security deposit
shall be refunded along with the payment of final bill. The amount of
security deposit retained by the Govt. shall be released after expiry of
period upto which the contractor has agreed to maintain the work in
good order is over. In the event of contractor failing of neglecting the
complete rectification worked within the period up to which the
Note - * This will be the same % as that in the tender at (e)

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contractor has agreed to maintain the work in good order, then, subject to
provisions of clauses 17 & 20 thereof the amount of security deposit
retain by Govt. hall be adjusted towards the excess cost incurred by the
department on rectification of work.
Clause 2 -The time allowed for carrying out the work as entered in the
tender shall be strictly observed by the contractor and shall be reckoned
from the date on which the order to commence work is given to the
contractor The work shall through the stipulated period of the contract
proceed with, all due diligence (time being deemed to be of the essence of
the contract of the contractor) and the contractor shall pay as
compensation an amount equal to one % or such smaller amount as the
Superintending Engineer (whose decision in writing shall be final) may
decide, of the amount of the estimated cost of the whole work as shown
by the tenderer for every day that the work remains un
commenced, or unfinished after the proper dates. And further to
ensure good progress during execution of the work, the contractor shall
be bound, in all cases in which the time allowed for any work exceeds
one month to complete.
Whole Of the work in Whole of the time
Whole Of the work in Whole of the time
Whole Of the work in Whole of the time
Note: The quantity of the work to be done within a particular time to be
specified above shall be fixed and inserted in the blank space kept for the
propose by the officer competent to accept the contracts after taking into
consideration the circumstances of each case and abide by the
program of detailed progress laid down by the Executive Engineer. The
following proportion w i l l u s u a l l y be found
s u i t a b l e In 1/4 , 1/2, 3/4 of the time
Reasonable progress of the earth wprl 1/6, 1/2, 3/4, of the total value
of the work to done.
Reasonable progress of masonry work 1/10, 4/10, 8/10, of the total
value of the work to done.
In the event of the contractor failing to comply with this conditions he
shall be liable to pay as compensation an amount equal to one % or
such smaller amount as the superintending Engineer (whose decision in
writing shall be final) may decide of the said estimated cost of the
whole work for every day that the due quantity of work remains
incomplete provided always that total amount of compensation to be
paid under provisions of this clause shall not exceed 10% of the
estimated cost of the work as shown in the tender. Superintending
Engineer, should be final authority in this respect irrespective the fact
that the tender accepted by Chief Engineer, Addl. Chief Engineer/
superintending Engineer /Executive Engineer or Assitt. Engineer / Deputy
Engineer.
Clause 3: In any cases in under any clause of the of this contract the
contractor shall have himself liable to pay compensation amounting to
the whole of his security deposit whether paid one sum or deducted by

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Installments or in the case of the or in the case of abandonment of the work

owing to serious illness or death of the Contractor or any other cause Executive
Engineer on behalf of the Government of Maharashtra shall have power to
adopt any of the following courses, as he may deem best suited to the interest of
Government
a) To rescind the contract (for which recession notice in writing to the contractor
under the hand of Executive Engineer shall be conclusive evidence) and in
that case the Security deposit of the contractor shall stand forfeited and be
absolutely at the disposal of Government.
b) To carry out the work or any part of the work departmentally debiting the
contractor with the cost of the work, expenditure incurred on tools and plant,
and charges on additional supervisory staff including the cost of work – charged
establishment employed for getting the unexecuted part of the work complete
and crediting him with the value of the work done departmentally in all respects
in the same manner and at the same rates as if it had been carried out by the
contractor under the terms of his contract. The certificate of the Executive
Engineer as to the work so done departmentally shall be final and conclusive
against the contractor.
c) To order that the work of the contractor be measured up and to take such
part there of as shall be unexecuted out of his hands, and to give it to another
contractor to complete , in which case all expenses incurred to advertisement for
fixing a new contracting agency, additional supervisory staff including the cost
of the work charged establishment, and the cost of the work executed by the
new contract agency will be debited to the contractor and the value of the work
done or executed through the new contractor shall be credited to the
contractor in all respects and in the same manner and at the same rates as if it
had been carried out by the contractor under the terms of his contract. The
certificate of the Executive Engineer as to all the cost of the work done
other expenses incurred as aforesaid for or in getting the unexecuted
work done by the contractor and as to the valve of the work so shall be
final and be final and conclusive against the contractor.
In case the contract shall be rescinded under clause (a)above the contractor
shall not be entitled to recover or be paid, any sum for any work therefore
actually performed by him under this contract unless and until The Executive
Engineer shall have certificate in writing the performance of the such work
and the amount payable to him respect thereof and he shall only entitled be
paid the amount so certificate in the event of either of the courses referred in
clause (b) or (c) being adopted and the cost of the work executed
departmentally or through a new contractor and other allied expenses
exceeding the valve of such work credited to the contractor the amount of
excess shall be deducted from any money due to the contractors by Govt.
under the contract or otherwise howsoever or from his security deposit or the
sale proceeds thereof provided however that the contract shall have no claim
against Govt. even if the certified value of the work done departmentally of
through a new contractor exceeds the certified cost of such work and allied
expenses provided always that whichever of the three courses mentioned in
clause (a), (b), (c) is adapted by the Executive Engineer, the contractor shall
have no claim to compensation for any loss sustained by him by reason of his
having purchased by procured any materials or entered in to any engagements or
made any advanced on account of or with a view to the execution of the work
or the performance of the contract

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Clause 4 If progress of any particular portion of the work is unsatisfactory

Action when the
progress of any particular the Executive Engineer shall not withstanding that the general progress of
portion of the work is work is in accordance with the conditions mentioned in clause 2, be entitled to
unsatisfactory. take action under clause 3 (b) after giving the contractor 10 days notice in
writing. The contractor will have no claim for compensation, for any loss
Contractor remains liable
sustained by him owing to such action
to pay compensation of
action not taken under Clause 5 In any case in which any of the powers conferred upon the
clause 3 & 4 Executive Engineer by clause 3 & 4 hereof shall have become exercisable and
the same shall not have been exercise the non –exercise thereof shall not
constitute a waiving of any of the conditions and such power shall not
withstanding be exercisable in the event of any future case of default by the
contractor for which under an clauses hereof he is declared liable to pay
compensation amounting to the whole of his security deposit and the liability
of the contractor for past and future compensation shall remain
unaffected in the event the Executive Engineer taking action under sub –
clause (a) or (c) of clause 3. He may if he so desires take possessions of all
or any tools plant material and stores in or upon the work or the site
thereof or belonging to the contractor or produced by him and intended to
be used for the execution of the work or any part thereof, paying or allowing
for the same in account at the contract rates or in the case of contract,
rates not being applicable at current market rates to be certified by the
Executive Engineer whose certificate thereof shall be final in the alternative
the Executive Engineer may, after given notice in writing to the contractor
or is clerk of the work foreman or other authorized agent required him to
Power to take remove such tools and plant materials, or stores from the premises within a
possession of or require time to be specified in such requisition the Executive Engineer may
removal of or sell removed them at the contractor expense or sell them by action or private
contractor s plant sale on account of the contractor and at his risk in all respects the certificate of
the Executive Engineer as to the expense of any such removal and the
amount of the proceeds and expense of any such sale shall be final and
conclusive against the contractor
Clause 6 :- If contractor shall desire an extension of the time for completion
Extension of time.
of work on the ground of his having been unavoidably hindered in its execution or
on any other ground he shall apply in writing to the Executive Engineer
before the expiration of the period stipulated in a tender or before the
expiration of 30 days. From the date which he has hindered as aforesaid or on
which the cause for asking for extension occurred whichever is earlier and
the Executive Engineer or in the opinion of Superintending Engineer, or Chief
Engineer as the case may be if in this opinion, there were reasonable grounds
for granting an extension, grant such extension as he thinks necessary or
proper decision of the Executive Engineer in this matter shall be final

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Clause 7 On the completion of the work the contractor shall be furnished Final Certificate
with a certificate by the Executive Engineer (hereinafter called the
Engineer – in – charge) of such completion but no such certificate shall be
given nor shall work be considered to be complete until the contractor shall
have removed from the premises on which the work shall have been
executed all scaffolding, all surplus materials and rubbish and shall
have cleaned of the dirt from all wood work doors, windows walls, floor
or other parts of any building in or upon which the work, shall has been
executed or of which he may have had possession for the purpose of
executing the work until the work shall been measured by the
Engineer – in – charge or where the measurement have been taken by his
subordinates until they have received approval of the Engineer – in
- charge The measurement being binding and conclusive against the
contractor, if the contractor shall fall to comply with the requirements of
this clause as to the removal of scaffolding surplus materials and
rubbish and cleaning of dirt on or before the date fixed for the completion
of the work the Engineer – in – charge may at the expenses of the
contractor remove such scaffolding surplus materials and rubbish and
dispose of the same as he thinks fit and clean off such dirt as foresaid
and contract or shall forthwith pay such amount of all expenses so
incurred but shall have no claim if in respect of any such scaffolding
surplus materials as aforesaid except for any some actually realized by
the sale thereof.

Clause 8 No payment shall be made for any work estimated to cost Payment on intermediate
certificate to be regarded as
less than rupees on thousand till after the whole of work shall have
advances.
been completed and the certificate of completion given but in the case of
work estimated to cost more than rupees one thousand the contractor
shall on submitting monthly bill therefore the entitled to received payment
proportionate to the part of the work than approved and passed by the
Engineer – in – charge, whose certificate of such approval and passing of
the sum so payable shall be finale and conclusive against the
contractor. All such intermediate payments shall be regarded as
payments by way of advanced against the final payments only and not as
payments for work actually done and completed and shall not
preclude the Engineer – in charge from requiring any bad unsound
imperfect or un skillful work to be removed or taken away and
reconstructed of the due performance of the contractor or any part
thereof in any respect or the occurring of any claim nor shall it conclude
determine or effect in any other way the powers of the Engineer – in –
charge as to the final settlement and adjustment of the accounts or
otherwise or in any other way very of effect the contract. The final bill
shall be submitted by the contractor within one month of the work,
otherwise the Engineer – in – charge’s certificate of the measurements
and of the total amount payable for work shall be final and binding on all
parties.

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Payment at reduced rates Clause 9 The rates for several items of work estimated to cost more
on account of item of item than rupees 1000/- agreed to within, shall be valid only when the item
of work not accepted. As concerned is accepted as having been completed fully in accordance
completed, to be at the with the sanction specifications. In cases where the items of work are
discretion of the Engineer not accepted as so completed by the Engineer – in – charge may make
– in – charge payment on account of such items at such items reduced rates as he
may considered reasonable in the preparation of final or on account
bills.
Bill to be submitted Clause 10 A bill shall be submitted by the contractor in each month or
monthly. before the date fixed by the Engineer – in – charge for all work executed in
the previous month, and the Engineer – in – charge shall take or cause
to be taken the requisite measurement for the purpose of having the
same verified and the claim, so far as it is admissible, shall be adjusted,
if possible, within 10 days from the presentation of the bill. If the
contractor dose not submit the bill within the time fixed as aforesaid, the
Engineer – in – charge may depute a subordinate to measure up the
said work in the presence of the contractor or his dully authorized agent
whose counter signature to the measurement list shall be sufficient
warrant, and Engineer – in – charge may prepare a bill from such list
which shall be binding on the all respects
Bills to be on printed forms Clause 11 The contractor shall submit all bills on printed forms to be on
had on, application at the office of the Engineer – in – charge. The charge to
be made in the bill shall always be entered at the rates specified in the
tender or in the case of any extra work ordered in pursuance of these
conditions and not mentioned or provided for in the tender at the rates
here in after provided for such work.
Stores supplied by Clause 12 If the specification or estimate of the work provides for the
Government use any special description of material to be supplied from the store of
the Dept. Store or if it is required that the contractor shall use certain
stores to be provided by the Engineer – in – charge, (such material
stores and the prices to be charged therefore as here in after mentioned
being so as practicable for the convenience of the contractor but not so as
in any way to control the meaning or effect of this contract specified in
the schedule or memorandum hereto annexed), contractor shall be
supplied with such materials and stores as may be required from time to
time to be used by him for the purpose of the contract only and value of
the full quantity or the materials and stores so supplied shall be set off
or deducted from any sums then due, or thereafter to become due to the
contractor under the contract, or otherwise, or from the security
deposit or the proceeds of sale thereof if the security deposit is held in
Govt. Securities, the same or sufficient portion thereof shall in that case
the sold for the purpose. All materials supplied to the contractor shall
remain the absolute property of Govt. and shall on no account be removed
from the site of the work, and shall at all times be open for inspection by
the Engineer – in – charge. Any such materials unused and in perfectly
good condition at the time of completion of termination of the contract
shall be returned to the Departmental store if the Engineer – in – charge so
requires by notice in writing given under his hand but the contractor
shall not be entitled to return any such material except with consent of
the Engineer – in – charge and he shall have no claim for compensation on
account of any such material supplied to him as aforesaid but
remaining unused b him or for any wastage in or damaged to any such
materials.

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Clause 12 (a) All stores of controlled materials such as cement,

steel etc. supplied to the contractor by Govt. should be kept b the
contractor under lock and key will be accessible for inspection by
Executive Engineer or his agent at all the time.
Clause 13 : The contractor shall execute the whole and every part of
the work in the most substantial and workmanlike manner, and both Works to be executed in
regards material and every other respect in strict accordance with accordance with specification,
drawings, orders etc.
specifications. The contractor shall also conform exactly full and
faithful to the designs, drawing and instructions in writing relative to
the work signed by Engineer – in – charge and lodged in his office
and to which the contractor shall be entitled to have access for the
purpose of inspection at such office, or on the site of the work during
office hours. The contractor will be entitled to reactive 3 sets of
contract drawing and working drawing as well as one certificate copy
of the accepted tender along with the order free of cost. Further copies of
the contract drawings and working drawings if required by him,
shall be supplied at the rate Rs……. per set of contract drawings
and Rs……….. Per work drawing except where otherwise specified
Clause 14 The Engineer – in – charge shall have power to make any Alterations in specifications
alliteration in or addition the original, specification, drawings, designs, and designs not to invalidate
and instructions that may appear to him be necessary or advisable contracts
during the progress of the work and contractor shall be bound to
carry out the work in accordance with any instructions in this
connection which may be given to him in writing signed by the
Engineer – in – charge and such alteration shall not invalidate the
contract and any additional work which the contractor directed to do
in the manner above specified as the work shall be carried out by the
contractor on the same conditions in all respects on which he agreed to
do the main work and at the same rates as are specified in the Rates for works not entered in
tender for the main work. And if the additional and altered work estimate or schedule of rates
includes any class of work for which no rate is specified in this of the district
contract then such class of work shall be carried out at the rates
entered in the schedule of rates of the division or at the rates 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 the schedule of rates of the division is ordered to
be carried out before the rates are agreed upon then the contractor
shall within seven days of the date of receipt by him of

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The order to carry out the work in form the Engineer – in – charge does not
agree to this rate he shall by noticed in writing be at liberty
To cancel his order to carry out such class of work and arrange to carry
out in such manner as he may considered advisable provided always
that if the contractor shall commence work or insure any expenditure in
regard thereof before the rate shall have been determined as lastly here in
before mentioned, then in such case he shall only be entitled to be paid in
respect of the work carried out or expenditure incurred by him prior to
the date the determination of the rate as aforesaid according to such
Rate or rate as shall be fixed by the Engineer-in-charge on the event of a
dispute, the decision or the Superintending Engineer of the circle will be
final.
Where, however, the work is to be executed according to the
Extension of time in designs drawings and specification recommended by the contractor and
consequence of additions accepted by the competent authority the alteration above referred to shall
or alteration. be within the scope of such designs, drawings and specifications
appended in the tender.
The time limit for the completion of work shall be extended in the
No claim to any payment Proportion that the increase in its cost occasioned by alternations or
of compensation for additions bears to the cost of the original contract work and the certificate
alteration in or restriction of the Engineer-in-charge as to such proportion shall be conclusive.
of work Clause 15: - 1) If at any time after the execution of the contract documents
the Engineer shall for any reason what-so-ever (other than default on the
part of the contractor for which the Govt. is entitled to rescind the contract)
desires that the whole or any part of the work specified in the tender
should be suspended for any period or that the whole or part of the work
should not be carried out at all he shall give to the contractor a notice in
writing of such desire and he shall give to the contractor a notice in writing
of such desire and upon the receipt of such notice the contractor shall for
with suspend or stop the work wholly or in part as required after having
due regard to the appropriate stage at which the work should be stopped or
suspended so as not to cause any damage or injury to the work already done
or endanger the safety thereof provided that the decision of the
Engineer as to the stage at which the work or any part of it could be or
would have been safely stopped or suspended shall be or any part of it
could be or would have been safely stopped or suspended shall be final
and conclusive whatsoever by reason of or in pursuance of any notice as
aforesaid, on account of any suspension stoppage or curtailment except to
the extent specified herein after.
2) Where the total suspension of work ordered as aforesaid continued for
a continuous period exceeding 90 days the contractor shall be at liberty to
withdraw from the contractual obligations under the contract so far as it
pertains to the unexecuted part of the work by given a 10 days prior
notice in writing to the Engineer within 30 days of the expiry of the said
period of 90 days of such intention are requiring the Engineer to record
the final measurement of the work already done and to pay final bill. Upon
giving such notice the Contractor shall be deemed to have been discharge
from his

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obligation to complete the remaining unexecuted work under his contract

On receipt of such notice the Engineer shall proceed to complete the
measurement and make such payment as may be finally due to the
contractor within a period of 90 days from the receipt of such notice in
respect of the work already done by the contractor, such payment shall not in
any manner prejudice the right of the contractor to any further,
compensation under the remaining provisions of this clause.
3) Where the Engineer required the contractor to suspended the
work for a period in excess of 30 days at any time or 60 days in the aggregate the
contractor shall be entitled to the Engineer within 30 days of the
resumption of work after such suspension for payment of compensation to
the extent of pecuniary loss suffered by him in respect of working
machinery remained idle on the site or on the account of his having and to
pay the salary or wages of labour engaged by him during the said period of
suspension always that the contractor shall not be entitled to any claim in
respect of ant such working machinery, salary or wages for the first 30
days whether consecutive or in the aggregate of such suspension or in
respect of any suspension or in respect of any suspension whatsoever
occasioned by unsatisfactory work or any other default on his part. The
decision of the Engineer in the regard shall be final and conclusive against the
contractor.
4) In the event of –
i) Any total stoppage of work on notice from the Engineer under sub
clause (I) in that behalf
ii) Withdrawal by the contractor from the contractual obligation do
Complete the remaining unexecuted work under sub-clause (2) on
account of continued suspension of work for a period exceeding
90 days.
OR
Curtailment in the quantity of item or items originally tendered on account
of any alteration, omission or substitution, in the specifications drawings,
designs or instruction under clause 14 (1) where such curtailment exceeds
25% in quantity and the value of the quantity curtailed beyond 25% at the
rates for the item specified in the tender is more than Rs. 5000/- It shall be
open to the contractor, within 90 days from the service of (i) the notice of
stoppage of work or (ii) the notice of withdrawal from the contractual
obligations under the contract on account of continued suspension of work of
(iii) Notice under clause 14(1) resulting in such curtailment to produce to the
Engineer satisfactory documentary evidence that he had purchased or
agreed to purchase material for use in the contracted work before receipt
by him of the Notice of the stoppage suspension or curtailment and required
the Govt. to take over payment such as materials at the rates determined by
the Engineer provided however such rates shall in no case exceed the rates
at which the same was acquired by the contractor. The Govt. shall there
after take over the materials so offered, provided the quantities offered, or not
in excess of the requirements of the unexecuted work as specified in the
accepted tender and are of quality and specifications approved by the
Engineer.

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Clause 15 A: The contractor shall not be entitled to claim any

No claim to compensation compensation from Govt. for the loss suffered by him on account of
on account of loss due to Govt. delay in the supply of materials entered in schedule A where
delay in supply of materialssuch delay is caused by
by Govt. i) Difficulties relating to the supply of railway wagons.
ii) Force – majeure
iii) Act of God
iv) Act of enemies of the state or any other reasonable cause beyond
the control of Govt.
In the case of such delay in the supply of materials, Govt shall grant
such extension of time for the completion of the works as shall appear to
the Executive Engineer to be reasonable in accordance with the
circumstances of the case. The decision of the Executive Engineer as to
the extension of time shall be accepted as final by the contractor.
Clause 16: Under no circumstances whatever shall be Contractor be
Time limit for unforeseen entitled to any account unless the Engineer – in – charge within one
claims. month of the case of such claim occurring.
Clause 17: If any time before the security deposit or any part thereof is
Action & compensation refunded to the contractor it shall appear to the Engineer – in – charge or
payable in case of bad work his subordinate in – charge of the work, that any work has been
executed with unsound, in perfect or unskillful workmanship or with
materials of interior quantity, or that any materials or articles provided
by him for the execution of the work are unsound, or of a quantity inferior
to that contracted for or otherwise not in accordance with the contract
it shall be lawful for the Engineer – in – charge to intimate this fact in a
PWD Resolution No CAT – writing to the contractor and then notwithstanding the fact that work
1087 / CR – 94 / Bldg. 2 materials or articles complained of may have been inadvertently
dt.14/06/89.
passed, certified and paid for, the contractor shall be bound forthwith
to rectify, or remove or reconstruct the work to specified in whole or in
part as a case may require or if so required, shall remove the materials or
articles at his own charge and cost and in the event of his failing to do
so within a period to be specified by the Engineer – in – charge in the
written intimation aforesaid, the contractor shall be liable to pay
compensation at the rates of 1 % on the amount of estimate for every
day not exceeding 10 days, during which failure so continues and in
case of any such failure the Engineer – in – charge may rectify or
remove and re-execute the work or remove and replace the materials or
articles complained of as the case may be at risk and expense in all
respects of the contractor, should Engineer – in – charge considered
that any such inferior work or materials as described above may be
accepted or made use of it shall be within his discretion to accept the
same at such reduced rates as he may fixed therefore.
Work to be open to Clause 18: All works under or in course of executed in pursuance of
inspection the contract shall at all times be open to the inspection and supervision of
the Engineer – in – charge and his subordinate and the contractor shall
at all times during the usual working hours and at all other times at
which reasonable notice of the intention of the Engineer – in – charge and
his subordinate to visit the work shall

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have been given to the contractor either himself be present to reactive orders and
instructions or have a responsible agent duly accredited in writing present for Contractor or
that purpose. Orders given to the contractors duly authorized agent shall be responsible agent to be
considered to have the same force & effect as if they had been given to the present
contractor himself.
Clause 19: The contractor shall give not less than five days notice in writing
to the Engineer – in – charge or his sub ordinate in charge of the work before Notice to be given
covering up or otherwise placing beyond the reach of measurement any before work is cover.
work in order that same may be measured & correct dimensions thereof
taken before the same is so covered & or placed beyond the reach of
measurement & shall not cover up or place beyond the reach of measurement
any work without the consent in writing of Engineer – in – charge or his
subordinate in charge of the work and if any work shall be covered up or
placed beyond the reach of measurement without such notice having been
given or consent obtained the same shall be uncovered at the contractor
expense and in default thereof no payment or allowance shall be made for
such work or for materials with which the same was executed.
Clause 20: If during the period of S i x (6) Months from the date of
Contractor liable for
completion as certified by Engineer – in – charge pursuant to clause – 7 of the
damage done & for
contract or 12 months after commissioning the work, whichever is earlier
imperfection
in the opinion of the Executive Engineer, the said work is defective in any
PWD Resolution No
manner what so ever contractor shall forthwith on receipt of notice in that
CAT – 1087 / CR – 94 /
be half from the Executive Engineer duly commenced execution &
Bldg. 2 dt.14/06/89.
completely carry out at his cost in every respect all the work that may be
necessary for rectifying & setting write the defects specified there in including
dismantling & reconstruction of unsafe portion strictly in accordance with
and in manner prescribed & under the supervision of the Executive Engineer. In
the event of the contractor failing or neglecting to commence execution of the
said rectification within the period prescribed therefore in the said noticed and
/ or to complete the same as aforesaid as required by the said noticed The
Executive Engineer get the same executed and carried out departmentally or by
any other agency at the risk or account and at the cost of the contractor. The
contractor shall forthwith on demand pay to the Govt. the amount of such
cost charges and expenses sustained or incurred by the Govt. of which
certificate of the Executive Engineer shall be final & binding on the contractor.
Such cost, charges & expenses shall be deemed to be arrears of land revenue and
on the event of the contractor failing or neglecting to pay the same on
demand as aforesaid without prejudice to any other writes & remedies of the
Govt. the same may be recovered from the contractor as arrears of revenue.
The Govt. shall also be entitled to deduct the same from any amount which
may then be payable or which may there after become payable by the Govt. to
the contractor either in respect of the said work or any other work what so
ever or from the amount of security deposit retained by Govt.
Contractor to supply
Clause 21: The contractor shall supply at his own cost all materials (except
plant, loader, scaffolding
such special materials if any as may, in accordance with the contract be
etc.
supplied from the stores) plant tools appliances implements ladders,
cordage, tackle scaffolding & temporary work.

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And is liable for damages Requisite for the proper execution of the work whether in the original
arising from non-provision of altered or sub situated from and whether included in the specification
of light, fencing etc. or other documents forming part of the contract referred to in this
conditions or not and which may be necessary for the purpose of
satisfying or complying with the requirement of the Engineer – in – charge to
as any matter as to which under this conditions he is entitled to be
satisfied or which he entitled to require together with the carriage therefore
to and from the work. The contractor shall also supply without charge
the requisite no of persons with the means & materials necessary for
the purpose of setting outworks & counting, weighing & assisting the
measurement or examination at any time and from time to time of the
work or materials, failing which the same may be provided by the
Engineer-in-charge at the expense of the contract & the expenses may be
deducted from any money due to the contractor under the contract or
from his security deposit or the proceeds of sale thereof of a sufficient
portion thereof. The contractor shall provide all necessary fencing &
lights required to protect the public from accident and shall also be
bound to bear the expense of defense of every suit, action or other legal
proceeding that may be bought by any person for injury sustained owing to
neglect of the above precautions and to take any damages and costs which
may be awarded in any such suit, action proceedings to any such
person or which may with the consent of the contractor be paid for
compromising any claim by & such person.
List of machinery in contractor’s possession & which the propose to
use on the works should be submitted along with the tender.
Clause 21 A: - The contractor shall provide suitable scaffolds & working
platforms gangways and stairways & shall comply with the following
regulations in connection therewith.
a) Suitable scaffolds shall be provided or workmen for all works that
cannot be safely done from a ladder or by other means.
b) A scaffolds shall not be constructed, taken down or substantially
altered expect-
i) Under the super vision of a competent responsible person and
ii) As far as possible by competent workers possessing adequate
experience in this kind of work.
c) All scaffolds & appliances connected there with & all ladder shall
i) Be of sound material
ii) Be of adequate strength having regard to the loads & strains to
which they will be subjected, and
iii) Be maintained proper condition
d) Scaffolds shall be so constructed that no part thereof can be displaced in
consequence of normal use
e) Scaffolds shall not be over-loaded & so far as practicable the load
shall be evenly distributed.

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f) Before installing lifting gear on Scaffolds special precautions shall be

taken to ensure the strength & stability of the Scaffold.
g) A competent person shall periodically inspect scaffolds.
h) Before allowing a Scaffold to be used by his workmen the contractor
shall whether the Scaffold has been erected by his workmen or not
take steps to ensure that it complies fully with the regulation here-in-
specified
i) Working platform, gangways, stairways shall –
i) be so constructed that no part thereof can sag unduly or unequally ii)
be so constructed and maintain having regard to the prevailing
conditions as to reduce as for as practicable risks of persons and
stripping or sleeping and
iii) be kept free from any unnecessary obstruction.
j) In the case of working platforms, gangways, working place
and stairway at a height exceeding 3 meters.
i) every working platform and every gangways shall be closely boarded
unless other adequate measures are taken to ensure safety
ii) Every working platform and gangways shall have adequate width
and
iii) Every working platform, gangways, working place and stairways
shall be suitable fenced.
k) Every opening In the floor of a building or in a working platform shall
except for the time and to the extent required to allow access of persons or
the transport or shifting of materials be provided with suitable means to
prevent the fall of persons or material
l) When persons are employed on roof where there is a danger of failing
from a height exceeding three mtrs. Suitable precautions shall be taken for
prevent fall of persons or materials.
m) Suitable precautions shall be taken to prevent persons being struck by
articles which might fall from scaffolds or other working places.
n) Safe means of access shall be provided to all working platforms and
other working places
o) The contractor (s) will have to make payments to the laborers as per
Minimum Wages Act
Clause 21B: The contractor shall comply with the following
regulations as regards the hoisting appliances to be used by him
a) Hoisting machines & tackles, including their attachments & anchorages
& supports shall
i) be of good mechanical construction sound material and
adequate material strength and free from patent defect
and
ii) be a good repair and in good working order
b) Every rope used in hoisting or lowering materials or as a means of
suspension shall be suitable quality and adequate strength & free from
patent defect
c) Hoisting machines & tackle shall be examine & adequately Tested
after erection on the site and before use & be re-examined and in
position at intervals to be prescribed by the Govt.

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of suspension shall be periodically examined

e) Every crane driver or hoisting appliance operator shall be
properly qualified.
f) No person who is below the age of 18 Years shall be in control of
any hoisting machine, including any Scaffold which or give
signals to the operator.
g) In the case of every hoisting machine & or every chain, ring,
shackle, swivel, pulley block used in hoisting or lowering or as
means suspension the safe pf working load shall be
ascertained by adequate means.
h) Every hoisting machine & all gear referred to in preceding
regulation shall be plainly marked with the safe working load.
i) In the case of a hoisting machine having a variable safe working
load, each safe working load the conditions under which it is
applicable shall be clearly indicated.
j) No part of any hoisting machine or of any gear referred to in
Regulation (g) above shall be loaded beyond the safe working
load except for the purpose of testing
k) Motors, gearing, transmission electric wiring & other dangerous
part of posting appliances shall be provided with efficient
safeguards.
l) Hoisting appliances shall be provided with such means as will
reduce to minimum& the risk of the accidental descent of the
load.
m) The adequate precaution shall be taken to reduce to minimum
the risk at any part of a suspended load becoming accidentally
displaced.
Clauses 22: - The contractor shall not set fire to any standing jungle,
trees, brush wood or grass without a written permit from the Executive
Engineer When such permit is given & also in all cases destroying
Measures for prevention of out or dug up trees, brushwood, grass etc. By fire, the contractor
fire shall take necessary measures to prevent such fire spreading to or to
otherwise damaging surrounding property. The contractor shall make
his own arrangements for drinking water for the labors employed by
him.
Clause 23: - Compensation for all damage done intentionally or
unintentionally by contractor’s labor whether in or beyond the limits of
Government property including any damage caused by the spreading of
Liability of contractor for fire mentioned in clause 22 shall be estimated by the Engineer-in-
any damage done in or charge or such other officer as he may appoint & the estimates of the
outside work area Engineer-in-charge subject to the decision of the Superintending
Engineer on appeal shall be final & the contractor shall be bound to
d) Every chain, ring hook, pay the amount of the assessed compensation on demand, failing
shackle, swivel and pulley which the same will be recovered from the contractor as damages in
block used
the manner prescribed in clause 1 or deducted by the Engineer-in-
in hoisting or lowering
charge from any sums that may be due from Govt. to contractor under
materials or as means this contract or otherwise.

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The contractor shall bear the expenses of defending any action orb other
legal proceeding that may be brought by any person for injury sustained by
him owing to neglect of precautions to prevent the spread of fire & shall pay
any damages & cost that may be awarded by the court in consequence.
Clause 24: The employment of female labors on work in neighborhood of
soldier’s barracks should be avoided as far as possible. Employment of female
Clause 25: No work be done on Sunday without the sanction in writing of labour
the Engineer-in-charge. Work on Sunday
Clause 26: contract shall not be assigned or subject without the written
approval of the Engineer-in-charge. And if the contractor shall assign or Work not to sublet
subject his contract or attempt so to do or become insolvent or commence
any proceedings to get himself adjudicated and insolvent or make any
compositions with his creditors or attempt so pecuniary or otherwise shall Contract may be
either directly or indirectly be given promised or offered rescinded and security
by the contractor or any his servants or agents to any public officer or person in deposit forfeited for
the employ of Government in any way relating to his office or employment or if subletting it without
any such officer or persons shall become in any way directly or indirectly approval or for bribing a
interested in the contract the Engineer-in-charge may their upon by notice in public officer or if
writing rescind the contract and the security deposit of the contract shall contractor becomes
there upon stand forfeited and be absolutely at the disposal of Government insolvent.
and same consequences shall ensure as if the contract had been rescinded
under clause 3 here of paid for any work therefore actually performed under
the contract.
Clause 27: All sums payable by a contractor by way of compensation under
any of these condition shall be considered as a reasonable compensation to Sum payable by way of
be applied to the use of Government without reference to the actually loss compensation to be
or damage sustained and whether any damage has or not been considered as reasonable
sustained. compensation without
Clause 28: In the case of tender by the partners the contractor to the reference to actual loss
Engineer-in-charge for his information shall forthwith notify any changes in Change in the constitution
the constitution of a firm. of firm to be notified
Clause 29: All work to be executed under the contract shall be executed
under the direction and subject to the approval in all respects of the Direction and control of
Superintending Engineer of the Circle for the time being who shall be entitled to the Superintending
direct at what point or points and in what manner they are to be Engineer.
commenced and from to time carried on.
Clause 30: (1) Except where otherwise specified in contract and subject to
the powers delegated to him by Government under the code, rules than in
force the decision of Superintending Engineer of the Circle for the time Direction and control of
begging shall be final, conclusive and binding n all parties of the contract the Superintending
upon all questions relating to the meaning of the specification, design, Engineer.
drawing and instructions herein before mentioned and as to the qualify of
workmanship or materials used on the work or as to any other question
claim, right matter or thing whatsoever if any way arising out of or relating
to the contract, design, drawing specification, estimates, instructions, order of
this condition or otherwise concerning the work or the execution or failure to
execute same, whether arising during the work or after the completion or
abandonment thereof

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(2) The contractor may within 30 day of receipt by him of any order
passed by the superintending engineer of the circle as aforesaid
appeal against it to the Chief Engineer concerned with contract work
or project provided that-
(a) The accepted value of the contract exceeds Rs.10.00 Lakh
(b) Amount of claim is not less than Rs.1.00 Lakh
(3) If the contractor is not satisfied with the order passed by the
chief engineer as aforesaid the contractor may within 30 day of receipt by
him of any such order appeal against it to the concerned Secretary,
public works Department who, convinced that prima-facia the
contractor’s claim rejected by Superintending engineer/chief engineer is
not frivolous and that there is some substance in the claim of
contractor as would merit detailed examination and decision by
the level for suitable decision.(vide PW Circle [Link]-1086-CR-110/
Bldg-2 dt.7-5-86)
Clause31: The contractor shall obtain from the Departmental stores
Stores of European or all stores and articles of European or American manufacture which
American manufacturer to be may be required for the work or any part thereof or in making up any
obtained from Government articles required there for/or in connection therewith unless he has
obtained permission in writing from the Engineer – in – charge to
obtain such stores and articles elsewhere .The value of such stores
and articles may be supplied to he contractor by the Engineer – in –
charge will be debited to him at rates shown in the schedule, in from A
attached to the contract and if they are not entered in the said
schedule, they shall be debited to him at cost price which for the
purpose of this contract shall include the cost of carriage & other
expenses whatsoever which shall have been incurred in obtaining
delivery of the same at the stores aforesaid.
Clause32: When the estimate on which a tender is made includes
Lump sum in estimates lump sums in respect of part of works the contractor shall be entitled
to payment in respect of part of the item of work involved or the part
of the work in question at the same rates as are payable under this
contract for each item, or if the part of work in question is not the
opinion of the engineer-in-charge capable of measurement of
engineer-in-charge may a this discretion pa the lump some amount
entered in the estimate and the certificate in writing of the engineer-
in-charge shall be final and conclusive against the contractor with
regard to any some or some payable to him under the provision of
his clause.
Clause 33: in the case of an class of work for which there is no
Action where no specification such specification as is mentioned in rule 1 such work shall be carried
out in accordance with the divisional specification and event of there
being no divisional specification then in such case the work shall be
carried out in all respects in accordance with all instructions and
requirement of the engineer-in-charge.
Definition of work Clause 34: the expression ‘work’ or works where used in these
condition shall Unless there be something in the subject or context
repugnant to such construction be construed to mean the work or
works contracted to be executed under or in virtue of the contract
whether temporary or permanent and whether original altered,
substituted or additional.

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Clause 35: the percentage referred to in the tender shall be deducted Contractor’s percentage
from added to the gross amount of the bill before deducting the value of whether applied to net or
any stock issued. gross amount of bill
Clause 36: all quarry fees, royalties, octroi dues and ground rent for Refund of quarry fees
Stacking materials any should be paid by the contractor, and royalties
Clause 37: the contractor shall be responsible for and shall pay any
compensation to his workmen payable under the workmen’s
compensation act (VIII of 1923) therein after called he said act 0 for
injuries caused to the workmen if such compensation is payable and or
paid by government of principal under sub-section (1) of section (12) of
the said act on behalf of the contractor it shall be recoverable by Compensation under-
government from the contractor under sub-section (2) of the said section Workmen’s
such compensation shall be recovered in the manner aid down in clause compensation Act.
1 above.
Cause 37 A: the contractor shall be responsible for and shall pay the
expenses to providing medical aid to any work men who men suffer a
bodily injury as a result of an accident. It such expenses are incurred by
govt. the same shall be recoverable from contractor for with and be
deducted government from any amount due or that may become due to
the contractor.
Cause 37 B: the contractor shall provide all necessary personal employed on
the site and shall maintain the same in condition suitable for immediate use
at any time and shall be comply with the following regulation in
connection therewith.
a) The workers shall be required to use the equipment so provided
by the contractor and contractor shall take adequate steps to
ensure proper use of equipment by those concerned.
b) When work is carried on in proximity to any place where there is a
risk or drawing all necessary equipment shall be provided and
kept ready for use and all necessary steps shall be taken for prompt
rescue of any person in danger.
c) Adequate provision shall be made for prompt first aid treatment of
all injuries like to be sustained during the course of the work.
Clause 37 C: The contractor shall duly comply with the provision of the
apprentices Act 1961 (III of 1961) The rules made there under and ordered
that may be issued from time to time under the Act said rules and the said
rules and on his failure or neglect to do so he shall be subject to all the
liabilities and penalties provided by the said Act and said rules
Clause 38: 1) Quantities in respect of the several items shown in the
Claim for quantities
tender are approximate and no revision in the tendered rates shall be
entered in the tender or
permitted in respect of any of items so long as subject to any special
estimates
provision contained in the specification prescribing different percentage
of permissible variation the quantity of the item does not exceed the tender
quantity by more than 25% and so long as the value of the excess quantity
beyond this limit at the rate of the item specified in the tender is not more
than Rs. 5,000/-

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2) The contractor shall if ordered in writing by the Engineer so to do

also carry out any quantities in excess of the limit mentioned in sub
clause (1) hereof on the same condition as and in accordance with
the specification in the tender and at the rates (I) derived from the
rates entered in the current scheduled of rates and in the absence of
such rates (II) at the rate prevailing in the market the said rates being
increased or decreased as the case may be percentage which the
total tendered amount bears to tender to the estimated cost of the
work as put to tenders base upon the schedule of rates application to
the year in which the tenders were invited. For the purpose of gate
maintenance of this cost shall be taken to be Rs. 809444/- - (In Words
Rs. Eight Lakh Nine Thousand Four Hundred & Forty Four Only)
3) Claims arising out of reduction in tendered quantity of any item
beyond 25% will be governed by the provision of clause 15 only when
the amount of such reduction beyond 25% at the rate of the item
specified in the tender is the more than Rs. 5,000/- (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% of the
tendered quantity. But the value of the excess work at the tendered rates
dose not exceeds Rs. 5,000/-
6) The quantities to be paid at the tendered rates shall include:
a) Tendered quantity plus.
b) 25% excess of tendered quantity or the excess quantity of the
value of Rs. 5,000/- at tendered rate whichever is more.
Clause 39: The contractor shall employ any famine, convict or other
labour of a particular kind or class if ordered in writing to do so by the
Engineer- in- charge.
Clause 40: No compensation shall be allowed for any delay caused in
the starting of the work on account of acquisition of land or in the
Employment of famine case of clearance work on account of delay in according sanction of
labour etc. estimates.
Clause 41: No compensation shall be allowed for any delay in the
executive of the work on account of water standing in borrow. Pits or
Claim for compensation for compartments. The rates are inclusive for hard or cracked soil,
delay in starting the work excavation in mud sub-soil water or water standing in borrow pits
and no claim for an extra rate shall be entertained unless otherwise
Claim for compensation for expressly specified
delay in execution work Clause 42: The contractor shall not enter upon or commence any
portion of work except with the written authority and instruction of the
Entering upon or Engineer – in –charge or of his subordinate in charge in charge of
commencing any portion of the work failing such authority the contractor shall have no claim to
work ask for measurement of or payment of work.

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Clause 43:
(1) No contractor shall employ any person who is under the age of 18
years.
(2) No contractor shall employ donkeys or other animals with breaching Minimum age of persons
of string or thin rope. The breaching must be at least three inches wide employed, the employment
and should be of tape (Newer) of donkeys and or other
(3) No animal suffering from sores, lameness or emaciation or which is animals and the payment
immature shall be employed on the work. of fair wages
(4) The Engineer- in- charge or his Agent is authorized to remove from
the work any person or animal found working which does not satisfy
these conditions and no responsibility shall be accepted by Government
for any delay clause in completion of the work by such removal.
(5) The contractor shall pay fair and reasonable wages to the workmen
employed by him, in the contract undertaken by him. In the event of
any dispute arising between the contractor and his workmen on the
grounds that the wages paid are not fair and reasonable, the dispute
shall be referred without delay to Executive Engineer who shall decide
the same. The decision of the Executive Engineer shall be conclusive and
binding on the contractor but such decision shall not in any way affect
the conditions in the contract regarding the payment to be made by
Government at the sanctioned tender rates.
6) Contract shall provide drinking water facilities to the workers. Similar
amenities shall be provided to the workers engaged on large work in
urban areas.
7) Contractor to take precaution against accident which taken place on
account of labor using loose garments while working near machinery.
Clause 44: Payment to contractors shall be made by cheque drawn on Method of payment
any treasury within the division convenient to them provide the amount
exceeds Rs. 10. Amounts not exceeding Rs. 10 will be paid
in cash.
Clause 45: Any contractor who does not accept these conditions shall Acceptance of condition
not be allowed to tender for works. compulsory before tendering
Clause 46: If Government declares a state of scarcity or famine to the work
exist in any village situated within 10 miles of the work the contractor
shall employ upon such parts of the work as are suitable for unskilled
labour any person certified to him by Executive Engineer or by any
person to whom the Executive Engineer may have delegated this duty in Employment of scarcity

writing to be in need of relief and shall be bound to pay to such labour

person wages not below the minimum which Government may have
fixed in this behalf. Any disputes which may arise in connection with
the implementation of this clause shall be decided by the Executive
Engineer Whose decisions shall be final and binding on contractor.

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Clause 47: The price quoted by the contractors shall not in any case
exceed the control price; if any fixed by Government or reasonable price,
which it is permissible for him to charge a private purchaser for the same
class and description the controlled price or the price permissible ex-ceed
the controlled price or the price permissible under Hoarding and
profiteering Ordinance, 1948 as amended from time to time. If the price
quoted exceed the controlled price or the price permissible under Hording
and Profiteering prevention ordinance the contractor will specifically
mention this fact in his tender along with the reasons for quoting such
higher price.
Maharashtra Act XIX of The purchaser at his discretion will in such case exercise the right of
1985, Clause regarding revising the price at any stage so as to conform with the controlled price
turnover tax vide PWD on the permissible under the Hording and Profiteering prevention
Circular No CAT 1086/CR Ordinance. This direction will be exercised without prejudice to any other
Bldg. - 2 Dt. 10/06/87 action that may be taken against the contractor.
महारा शासन सा.बां. व. Clause 4 7 A: The tendered rates shall be inclusive of all taxes, rates
शासन नणय .बी.डी.जी. and losses and shall also be inclusive of the tax levible in respect of
2005/ . .324/ इमारती-2 मब ुं ई works contract under the provision of Rule 58 Maharashtra Value Added
द.03/03/2006. Tax Act 2005 for the Purpose of levy of Tax, as amended from time to
time will be applicable
GST will be payable only Clause 48: Rate to be quoted by contractor must be exclusive of GST. The
after the production of amount of GST can be claimed after due payment of GST on submission of
valid invoice. valid application along with GSTR 1, B2B/B2C and GSTR-3B certificates.
Clause 49: In the case of materials may remain surplus with the contractor
from those issued for the work contracted for the date of ascertainment of
the materials being surplus will be taken as the date of the sale for the
purpose of sales tax will be recovered on such sale.
Clause 50: The contractor shall employ at least 80% of the total number
of unskilled labour to be employed by him on the said work from out of
the persons ordinary residing in the district in which site of the said work
is located.
Provided however, that if the required unskilled labour from that district
is not available, the contractor shall in the first instance employ such
number of person as is available and thereafter may with the prior
permission in writing of Executive Engineer- in- charge of the said work
obtain the rest of the requirement of unskilled labour from outside district.
Clause 51. Wages to be paid to the skilled and unskilled labours
engaged by the contractor.
1) The contractor shall pay the labours skilled according to the wages
prescribed by the minimum wages Act of 1948 applicable to the area in
which the work of contractor is located.
The contractor shall comply with the provision of the Apprentices Act,
1961 and the Rules and orders issued there under from time to time, if he
fails to do so, his failure will be breach of the contract and the
Superintending Engineer may in his discretion may cancel the contract. The
contractor shall also be liable for any pecuniary liability arising on
account of any violation by him of the provision of the Act.

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Clause52: All amounts whatsoever which the contractor is liable to pay to the
government in connection with the execution of the work including the
amount payable in respect of (I) materials and or stores supplied/issued
hereunder by the government on the contractor(II) here charges in respect
of heavy plant machinery and equipment given on hire by the government
to the contractor for execution by him of the work and/or on which
advances have been given by the government to the contractor shall be
deemed to be arrears of the land revenue and the government may without
P. W. Dept. No CAT /
prejudice to and other rights and remedies of the government recover the
1284 (120) / Building
same form contractor as arrears of revenue.
- 2 Dated 14/8/85.
Clause 53: The contractor shall duly comply with all the provisions of
the Contract Labour (Regulation and Abolition) Act 1970 (37 of 1970)
P. W. Dept. No CAT /
and Maharashtra Contract Labour (Regulation and all other relevant statues
1284 (120) / Building
and statutory provision concerning payment of wages particularly to
- 2 Dated 14/8/85.
workmen employed by the contractor and working on site of work. In
particular the contractor shall pay wage to each worker employed by him on
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 pay wages at the said rates or make sure payment and the Govt.
makes such payment of wages in full or part thereof less paid by the
contractor as the case may be, the amount so paid by the Govt. to such a
workers shall be deemed to be arrears of Land Revenue and the Govt. shall
be entitled to recover the same as such from the contractor or deduct same
from the amount payable by the Government to the contractor hereunder or
from any other amounts payable to him by the Government.
Clause 54: The contractor shall engage apprentices such as bricks layer,
carpenters, wiremen, plumber as well as black smith as recommended by
the State Apprentices Adviser Director of Technical Education, Dhobi Talav,
Bombay 1 on the construction work (Govt. Of Maharashtra Education
Department No TSA – 5170 / T –56689 Dt 7-7-1972)
Clause 55 : Condition For Maleria Eradication
([Link] Mah P.W.D Resolution No CAT – 1086 / CR –243/K/Buld – 2 Bombay
– 32 dt 11-987
A) The anti-malaria & other health measure shall be as directed by
the Joint Director (Malaria & Filaria) of Health services, Pune
B) Contractor shall see that mosquito zenic conditions are not
created so as to keep vector population to minimum level.
C) contractor shall carry out anti malaria measures in the area as
per guideline prescribed under National Malaria Education
Program and as directed by the Joint Director (M&F) of
Health Services, Pune
D) In case default in caring out prescribed anti malaria measures
resulting in increase in malaria incidence, Contractor shall be
liable to pay Govt. the amount spent by Government on anti-
malaria measures to control the situation in addition to fine

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Clause 56: The Contractor shall engage apprentices as brick
layer, carpenter, wiremen, plumber as well as blacksmith as
recommended by the State Apprenticeship Advisor, Director of Technical
Education Dhobi Talav, Bombay-1. On the construction site. (As per
Government of Maharashtra, Education Department No TSA – 5170/T-
56689, dated 7-7-72)
Clause 57: i ) Contractor shall take out necessary Insurance Policy /
Policies so as to provide adequate Insurance cover for the execution of the
awarded contract work for total contract value and complete contract
period from the “Director of Insurance, Maharashtra State, Mumbai.”
Only. It’s postal address for correspondence is “364, MHADA, First Floor,
Opp. Kalanagar, Bandra (East), Mumbai – 400 051” (Telephone No.:
26438690 / 26438746 and Fax No.: - 26438641). Similarly, all workmen
appointed to complete the contract are required to insure under
Workman’s Compensation Policy. Insurance Policy / Policies taken out
from any other company will not be accepted. If any contractors have
affected Insurance Company, the same will not be accepted and the
amount of premium calculated by the Directorate of Insurance will be
recovered directly from the amount payable to the Contractor for the
Executed contract work.

ii) One percent amount will be recovered if certificate of premium for

insurance policy are not submitted by the contractor before first running
bill of work.

After submitting of receipt of payment of insurance amount paid by

contractor for concern work, it will be verified by divisional accountant
after then the return of “Insurance Amount” will be paid to contractor
within limit of 1% of total cost of work.

Clause 58:- As per Government of Maharashtra s Industry Energy and

Labour [Link]/Pra/Kra./108/Kamgar-7A/ at Dt.17/06/2010
welfare cess at one percent or at the rates amended from time to time ad
intimated by the company authority under welfare Act 1996 is to be
deducted from the bill amount whether measured, bill, advanced
payment or secured advance.

Clause 59 :- After Final Negotiation with lowest contractor, Stamp Duty

of tender value should be filled and hard copy should be submitted by
contractor to tendering authority i.e. Upto 10 Lakhs of tender value stamp
duty Rs.500/- and above 10 Lakhs Stamp Duty will be 500 + Rs.100 per
Lakh.

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SCEDULE 'A'

Schedule showing (Approximately) the material to be supplied from the Departmental

Stores for work contracted to be executed and preliminary and ancillary works and the rate at which they
are to be charged for the construction.

NAME OF WORK :- Manufacturing & Painting of Additional Embedment parts of Service gate &
Emergency gate 2.6 x 2.6 mtr and 15 MT EOT parts @ Bhandara flood control
project RD 2370 mtr . under Executive Engineer , Gosikhurd Rehabilitation
Division Unit , Nagpur

Quantity Rate at which Material will be

Particulars In charged to the Contractor Place of Delivery
Unit
Nos In Figure In Words

Nill

Notes:
1. The person or firm submitting the tender should see that the rates in the above schedule
are filled up by the Engineer In charge on the issue of the form prior to the submission of
the Tender.
2. The rates mentioned in Schedule 'A' are inclusive of all taxes and storage charges.

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3. Cement can reckon for the purpose of issue at 20 bags per Ton irrespective of actual
weight. Loss arising out of shortage of weight in each bag be governed by the provision
and conditions 20.1(I) of special contract. The rate quoted should correspond to this
method of reckoning.

4. No claim for extra payment on account of delay of these materials will be entertained.

5. The quantities indicated in the above schedule are approximate and may vary as per actual
requirement as ascertained by the Engineer - In - Charge.
6. The charge for loading, unloading, conveyance etc. for the material shown above from the
place of delivery to the site of work will be borne by the contractor and deemed to be
included while quoting for the Tender. All the material shall be made available for delivery
on working days during the office hours.
7. All the materials mentioned in Schedule 'A' required for the work shall be taken from the
Department only. The materials from the outside sources in lieu of materials in Schedule A
shall not be allowed except under written permission from the Executive Engineer. The
samples of each material shall be tested at the contractor's cost. The materials not
confirming to the required standard shall be removed by the contractors at once from the
site of work at his own cost.
8. The contractor will have to construct a shed with double locking arrangement at
his own cost.
9. If the controlled materials viz. cement steel line unused with the contractor after
completion of the work and if they are not returned the contractor work and if they are
not returned, the contract tor shall pay for such materials at double the rate at which the
materials were issued to him. Recovery of Goods & Services Tax & General Tax on cost of
surplus materials which are not returned by the contractor will be levied.
10. Proper account of day to day consumption materials as per Schedule "A" should be
maintained by the Contractor of his authorized representative on site and it shall be
checked by the Departmental Officer every day in token on its correctness.

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Conditions For Material Issued Under Schedule A

The issue of materials by the Department under Schedule A of this contract will be stipulated to interlaid the
following conditions.
1. All the materials shall be made available for delivery on working days only during working hours, to be
arranged mutually by the contractor between himself and the Store Keeper or the Sub-Divisional
Officer, who so ever small the same. The material shall be made available of the place of delivery
mentioned in Schedule 'A' of the tender.
2. The contractor shall submit periodically as well as completion of work, on account of all material issued to
him in a manner as directed by Engineer - in - Charge. The contractor shall also furnish an account of
previous materials issued, before placing demand for further materials. In addition, separate register shall
be maintained on site for recording daily item wise cement. Consumption of cement issued them and also
item wise consumption of other materials issued under Schedule 'A' as directed. This shall be signed daily
by the Contractor or his representative and representative of Engineer - In - Charge.
3. The quantities in Schedule 'A' are approximate and may vary according to actual and bonafide use as
certified by the Engineer - In - Charge.
4. All the materials mentioned in the Schedule 'A' required for the work shall be taken from the
Department only. The materials from other source in lieu of the materials in Schedule 'A' shall not be
allowed except under written permission from the Executive Engineer. In such case, certificate for its
quality shall be produced by the contractor and samples of such materials shall be tested from any
Government Laboratory by the Contractor at his own cost and the Test Results to be supplied to the
Department. The materials not confirming to the required standard shall be removed at once from
the site of the work by the Contractor at his own cost.
5. The rates mentioned in Schedule 'A' are inclusive of Goods & Services Tax and Storage
Charges.
6. After issue of any materials for use on bonafide Government Work to Contractor, if the Engineer - In -
Charge ascertains on any Particular date that the portion of such supplied comes to surplus to the
requirement of the Work, the date of ascertainment will be taken as the date for the purpose of payment
of GST on such portion and recovered from the Contractor as per rule.
7. The contractor shall construct shed /sheds as per direction of the Engineer- In - Charge of the work for
storing the Materials issued to him by the Department and provide double locking arrangement, but of
such one lock shall be with in charge of Department person and materials shall be taken for use in
presence of the Departmental Person only.
8. The Contractor shall make his own arrangement for the safe custody of the materials which are
supplied to him by the Department.
9. The contractor shall not use cement and other materials under Schedule 'A' in items other than as per
his Tender except for such ancillary small items as per connected with the absolutely necessary in
execution of this work as they may be decided by the Engineer.
10. All steel issued under Schedule 'A' which remains surplus with the Contractor after use in the work, shall
be returned to the Department. Generally, only full lengths bars in lengths supplied by the Department
shall be taken back by the Department. However Engineer - In - Charge may at his discretion, take back bars
of particular diameter in any other lengths approved by him, if same are required for use in Government
Work. The rates for repayment of the surplus acceptable materials required by the Contractor at the
godown of issue, shall be at the prevailing market rates or the rates charged to the contractor, excluding
the element of storage charges or the issued rates excluding the element of storage charges at the
time of return, whichever is low. The quality of such surplus steel as is not acceptable to the
Department may be disposed by the Contractor in any manner he likes and the cost thereof shall entirely
be borne by the contractor. However in case in which the materials issued to a Contractor become
surplus owning to change in design of the work after the materials were issued to the Contractor, the
materials should be taken back from the Contractor at the same rates at which they were supplied to him by
the Government provided the materials at the time taking over, were not actually needed and are serviceable.
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11. Mild Steel / Tor Steel bars shall be issued to the Contractor on actual weightment. However for the
purpose of payment, the weight of steel bars used of the work shall be calculated on the basis of
Standard Specification. Book 1972 edition by B & C Department. Hence claims on account of difference
in actual weight and calculated on the basis of Standard Weight per unit length shall not be entertained.
12. The Contractor shall make his own arrangement for securing structural steel as square bars, flats,
rolled steel joists, angles, iron plates etc. The Department is neither responsible for securing
permit not to supply required structural steel. However necessary Certificate to the effect that
material is required for the said bonafide Government Work will be issued if required.
13. The charges for conveyance of material from the place of delivery to the site of work and the actual
spot on work site shall be entirely borne by the Contractor. No claim on this account shall be
entertained.
14. If surplus material after completion of the work are not returned by the contractor, recovery of such
material at the penal rate of twice the issue rate of these materials shall be made from the con-
tractor. Sales tax and General tax on the cost of surplus materials which are not returned, shall also be
recovered by from the contractor as decided by the Executive Engineer. However it is clear that if any
surplus material returned is in unserviceable or damaged conditions, the same will not be accepted. In
such case the cost will be recovered from the contractors as stated above in the clause.
15. Empty asphalt drums will have to be returned to the Depot. In case of non-return of empty asphalt
drums, recovery at Rs.---------/- per drum will be charged to the contractor.
16. The person/firm submitting the tenders should see that the rates in the above schedule 'A' are filled
up by the Engineer-in-charge of the work on the issue of the form prior to the submission of the
tender.
17. The Govt. shall not be responsible for the loss in cement during transit from Govt. stores to work site.
Cement so delivered to the Contractor at Govt. stores shall mean 50 kgs. Equivalent to 1.23 Cft. by
weight. The rate quoted should correspond to this method of reckoning. The corrections have will
be done by weight basis. While mixing. If cement found should in bag, it will have to make good by
the contractor for which additional cement would be supplied by the Department at issue rate in
Schedule 'A' item or percentage rate quoted for should reckon this.
18. For the purpose of issue rate, the area of A.C. sheets and ridges shall be the actual gross size before
laying in the roof and dimension shall be measured at straight line in plain (neglecting extra
length due to corrugations etc.)
19. The contractor shall furnish unstamped receipts for all material issued under Schedule 'A'
20. The contractor shall furnish the account of steel, cement etc. issued to him at each time before placing
and indent for further supply. Also he should submit on completion of the work final account of all the
material supplied to him by the Department. This account will be scrutinized by the Engineer-in-
charge and if any extra use us found, shortages are seen and any Quantity of material remained un ac-
counted for recovery at penal rates will be effected for such Quantities as mentioned in clause 14
above.
21. A separate shall be maintained on site for recording detailed item wise cement and steel
consumption on the work. This register shall be signed by the contractor or his authorized
representative and got signed from the representative of the Engineer-in-charge.

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SCHEDULE – B
Name of Work – Manufacturing & Painting of Additional Embedment parts of Service gate &
Emergency gate 2.6 x 2.6 mtr and 15 MT EOT parts @ Bhandara flood
control project RD 2370 mtr . under Executive Engineer , Gosikhurd
Rehabilitation Division Unit , Nagpur
Sr.
Description of Job Qty Unit Rate Amount
No.
Manufacturing & Painting of Additional
Embedment parts of Service gate &
1
Emergency gate 2.6 x 2.6 mtr and 15 MT EOT 1 No 800524.11 800524.11
parts

Transportation For Repairing of material by 4

2 2 Trips 4460.16 8920.32
MT cap tempo

Total In Rs. 809444.43

Say (₹) 809444.00
GST AS PER APPLICABLE

(In Words Rs. Eight Lakh Nine Thousand Four Hundred & Forty Four Only )

Deputy Engineer, Executive Engineer

Mech Engg Workshop Sub Mechanical Engineering
Division no.1 workshop Division, Nagpur
Nagpur

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Sanctioned Estimates

(MEASUREMENT & RATE ANALYSIS )

Attached Separately

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ADDITIONAL CONDITIONS
CONDITION NO-1
PERFORMANCE SECURITY/ADDITIONAL SECURITY DEPOSIT

A) Tenderer whose offer/quote for the tender is found to be below estimated cost put
to tender then additional security deposit is to be submitted in following manner-:
(Within 8 days from the opening of Financial Bid )
1. If the offer / rates quoted below 1% to 10% of the estimated cost put to the tender, then
1% of tender amount or Rs.1000 whichever is higher should be submitted as additional
security deposit within 8 days.
2. If the offer/ rates is more than 10% of the estimated cost put to the tender, 1% of
the tender amount plus the % exceeding 10% of the amount put to the
tender{Suppose if the rate quoted is 14% below, then additional security deposit
shall be[1%+(14%-10%)]=1%+4%=5% of the amount put to the tender minimum
up to Rs.1,000/-
3. If the offer / rates is more than 15% below the estimated cost put to the tender,
then 6% of tender amount plus two times the % exceeding 15 % of the estimated
cost put to the tender. (Suppose if the rate quoted is 19 % below then additional
security deposit shall be 6% +(19%- 15 %) X 2 = 14%)
B) The amount of additional security deposit L1 bidder should be submitted in the form of
Demand Draft/Bank Guarantee issued by any Nationalized / Scheduled bank duly pledged
in the favor of Executive Engineer, Mechanical Engineering Workshop Division, Nagpur
If additional performance security deposit is not submitted by L1 bidder within Eight working
days from opening of envelop No.2 then Earnest Money of L1 bidder will be forfeited.
The bidder will be declared as non-eligible to file the tender in Water Resources Department of
govt. of Maharashtra from the date of opening of envelop No.2 for the period of 2 years.
C) Original copy of Demand Draft/Bank Guarantee must be submitted in the office of the
Executive Engineer, Mechanical Division, Jalgaon by the L-1 tenderer within 2 working
days of opening of Envelope 2 and this condition will not be relaxed in any circumstances
D) Refund of Performance Security
A. Bank Guarantee/Demand Draft/FDR submitted as performance security should be valid
up to one month after completion of Defect Liability period.
B. Additional security Deposit of lowest bidder may be refunded within 3 month after
satisfactory completion of work.
C. False Demand Draft/Bank Guarantee/FDR of bank should be forfeited and action should
be taken under Indian Panel Code for submission of false/fraudent paper/information.
CONDITION NO - 02: VALIDITY:-

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The Tender submitted will be treated valid for 60 Days

CONDITION NO - 03: APPROVAL OF SAMPLES :- (N.A. for Labour Tender)

Sample of each items of material mentioned in the schedule which needs prior
inspection. if so desired by the consignee Deputy Engineer should be got
approved by the Tenderer from the consignee Deputy Engineer.
CONDITION NO - 04: CONSIGNEE :-
All completed job should be carried out as per instructions of
Deputy Engineer, Mechanical Engineering Workshop Division, Nagpur at the place
mentioned in work order.

CONDITION NO - 05: INSPECTION :-

a) Job will be inspected by the consignee or representative authorized by the

Executive Engineer prior to dispatch of material.

b) Test certificate should be made available along with the bill. for inspection &

approval Testing of material should be carried out in Government approved

laboratories
c) No inspection charges will be paid extra on any account.

CONDITION NO - 06: DELIVERY:-

a) Job mentioned in the schedule should be delivered and supplied as per
specification and delivery schedule from the date of issue of work order.
b) Where inspection of job is required to be done the period for inspection and
approval of sample will not effect in any way the delivery period mentioned
in the accepted tender.
c) The date of delivery is the date on which acceptable finished job have been
inspected.

CONDITION NO - 07 FAILURE:-
Due to faulty workmanship causing defects and found not confirm to the
Specification and the other requirements or if it is found to be inferior or in dam-
aged condition it will be rejected by the consignee Deputy Engineer or his
authorized representative and the rejected materials will have to be replaced at
tenderers risk, and the cost within 7 days or as ordered by the consignee Dy. Engr. or
his representative without any claims on the department. The extra expenditure
if any incurred on his account will be received from the tenderer.

CONDITION NO - 08 TRANSPORT:-

The transport of the materials will be arranged by the contractor himself.

CONDITION NO - 09 BILLS :-

Bills (Pre-receipted ) should be submitted in triplicate to the consignee giving

the following information and document where ever necessary.

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a) Inspection report if inspection carried out.
b) Gate pass if any.
c) Work order No. etc.
d) Amendments if any to the work order.
e) Attested Copy of PAN CARD both side
CONDITION NO - 10 Goods Service Tax :-
For GST payment procedure will be followed as per guidelines given by Water
Resources Department of Maharashtra Circular TDS-0918/C.A. 590/18/major
project-1 dt.13/11/2018.
CONDITION NO - 11 PENALTY:-
Payment will be made on Monthly Basis According to Attendance / presence of
Heavy Duty Operator / Driver, Attendance sheet should properly Maintained by the
contractor and measurements Attendance recorded by the Engineer in charge
& Authorized Sub ordinates. Govt. levies will be recovered from the bills No
deviation from the above terms will be accepted Govt. will not incur any
liability to pay interest on bills the payment of which is delayed for any
reasons whatsoever.
CONDITION NO - 12 On failure for providing Labour (Heavy Duty Operator/ Driver) on necessary
time Rs.100/day will be charged as penalty for undelivered finished job. The
penalty charges will be recovered from the bills.
CONDITION NO - 13 WARRANTY:
The Contractor hereby declares that the job work done under this contract
shall be of the best quality (and workmanship) and shall be strictly in accordance
with the specifications and particulars contained / mentioned in the schedule
thereof and contractor. Here by guaranties that the said. Job would continue to
confirm to the description and quality aforesaid for a period of 180 days from
the date of delivery of the said work to consignee and that notwithstanding the
fact that the consignee (inspector) may have inspected and/or approved the said
work if during the aforesaid period of 180 days the said work be discovered not be
confirm to the description and quality aforesaid or have deteriorated(and decision
of the con- signee in that behalf will be final and conclusive.) the consignee will be
entitled to reject the said job work. Such portion thereof as may be discovered not
to confirm to the said description and quality. On such rejection the
goods/job/articles will be at the contractors risk and all the provision herein
contained relating to rejection of goods/job etc. shall apply. The contractor shall
if so called upon to do re- place the job etc. or such portion thereof as is rejected
by the purchaser otherwise the tenderer shall pay such damages as may arise by
reason of the breach of the condition herein contained. Nothing herein contain
shall prejudice any other right of consignee in that behalf under this contract or
otherwise. Security deposit will be released only after expiry of warranty period.

CONDITION NO - 14 EXCISE DUTY:

Not Applicable
CONDITION NO - 15 INSPECTION OF WORKSHOP:

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Not applicable
CONDITION NO - 16 LABOUR WELFAIR FUND

1% Labour Cess will be deducted from Contractor's Bill.

CONDITION NO - 17 While uploading Scanned Tender Copy should not be uploaded in other documents
CONDITION NO - 18 If tender cost is above Rs. 10 Lakh then post qualification Criteria will be
applicable.
CONDITION NO - 19 Contractor will be fully responsible for providing correct value of work in hand. If
after submission of tender contractor receives work order for new work, he will
have to inform officer in charge, unless he will be debarred for a period of 03
years to participate in tender procedure of Mechanical Organization.
CONDITION NO - 20 Contractor or his authorize representative should remain present on the date and

time of opening of Tender as mentioned schedule, otherwise no complaint will be

accepted after opening of tender.

CONDITION NO - 21 Electrician, Fitter, Helpers provided by Contractor must be physically and

Mentally fit for Job assigned to him.

CONDITION NO - 22 Electrician, Fitter, Helpers should be Medically fit. He Should not have colour

blindness & Night Blindness.

CONDITION NO - 23 Electrician should possesses Valid Documents by Competent Authority

CONDITION NO - 24 Joint venture for this tender is not allowed.

CONDITION NO - 25 Pre bid meeting is not necessary also refer para.1.12

CONDITION NO - 26 Fabrication and erection work should be done as per instruction provided by

executive engineer/ site-in-charge.

CONDITION NO - 27 Dismantled and scrap material should be handed over to engineer in charge by

Contractor After Completion of Total Work.

CONDITION NO - 28 Contractor will have to strictly follow the guidelines issued by government of
Maharashtra for prevention of Corona Virus (Covid 19) and also take the
precautionary measures at the site. If any incident of Corona virus affection
occurs at the site, in that situation the contractor will be fully responsible for that
and he will not be liable to claim any compensation. The contractor will be
responsible to follow all the instructions, rules and regulations regarding
prevention of Corona Virus issued by the Government from time to time up to the
date of completion of work.
CONDITION NO - 29 All the condition of Government of Maharashtra Industries Energy and Labour
Department are fully applicable to contractor.

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CONDITION NO-30- PRICE ESCALATION:- Price escalation is as per prevailing rules applicable.

A) If during the operative period of the Contract as defined in condition (i) below, there is
any variation in the Consumer Price Index (New Series) for industrial workers as per the
Labour Gazette published by the Commissioner of Labour, Government of Maharashtra
and/or in the Whole- sale Price Index for all commodities, prepared by the office of
Economic Adviser, Ministry of Industry, Government of India, or in the price of petrol/oil
and lubricants and major construction materials like steel, various types of metal pipes etc.,
then subject to the other conditions mentioned below, price adjustment on account of
(1) Labour Component-
(2) Material Component-
(3) Petrol, Oil and Lubricant (POL) components-
(4) Steel- Not Applicable due to AMC Work

Calculated as per formula hereinafter appearing, shall be paid. Apart from these, no other
adjustments shall be made to the contract price for any reasons whatsoever component
percentages as given below are as of the total cost of work put to tender excluding star rate
items. Total of Labour, Material & POL components shall be 100 and other components shall
be as per actual.
(1) Labour Component –(Place-Raigad) K1= 88.28% -
(2) Material Component–(All India Average) K2= 8.84%
(3) Petrol, Oil and Lubricants K3- 2.96%
(4) Steel Component –All India Average - Not Applicable due to AMC Work(Steel is not used
for this work)

Note:- Price variation Shall be calculated as per formula mentioned hereafter. Apart from
these, no other adjustments shall be made to the contract price for any reason whatsoever.
Total of Labour, Material & POL components shall be 100% and other components shall be as
per actual.
1. Formula for Labour Component:
V1 = 0.85 X P X [ K1 X (L1-L0) ]
100 L0
Where,
V1 = Amount of price variation in Rupees to be allowed for Labour Component
P = Cost of Work done during the quarter under consideration minus the cost of Steel,
calculated at the basic Star rates as applicable for the tender, consumed during the quarter
under consideration.

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K1 = Percentage of Labour Component as indicated in above.

L0 = Basic consumer price index shall be average consumer price Index for the quarter
preceding the month in which the last date prescribed for receipt of tender falls.
L1 = The Average Consumer Price Index for the quarter under consideration.
2. Formula for Material Component:
V2 = 0.85 X P X [ K2 X (M1-M0) ]
100 M0
Where,
V2 = Amount of price variation in Rupees to be allowed for Materials Component
P = Same as worked out for labour component.
K2 = Percentage of Materials Component as indicated above.
M0 = Basic Wholesale price index shall be average wholesale price Index for the quarter
preceding the month in which the last date
prescribed for receipt of tender, falls.
M1 = Average wholesale Price Index during the quarter under consideration.

3. Formula for Petrol, Oil And Lubricant Component :

V3 = 0.85 X P X [ K3/100 X (P1-P0/ P0) ]
Where,
V3 = Amount of price variation in Rupees to be allowed for P. O. L. Component
P = Same as worked out for Labour Component.
K3 = Percentage of Petrol, Oil and Lubricant Component.
P0 = Average price of H.S.D. at the Mangaon, Dist:- Raigad during the quarter preceding
the month in which the last date prescribed for receipt of tenderfalls.
P1 = Average price of H.S.D. at the Mangaon, Dist:- Raigad during the quarter under
consideration.
4. Formula for HYSD, Mild Steel Plate, Structural Steel Component : (separate for each
component)
V4 =S0 [ (SI1 – SI0) / Sl0] X T
Where
V4 = Amount of price variation in Rupees to be allowed for HYSD / Mild Steel
Component.
S0 = Basic rate of HYSD / Mild steel / Structural Steel in rupees per metric tonne as
considered for working out value of P.
SI1 = Average Steel Index as steel- long as per Economic Advisors Web Site during the

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quarter under consideration.
SI0 = Average of Steel Index as steel – Long / Plate / Angles, Channels, Sections Steel as per
Economic Advisors Web Site for
the quarter preceding the month in which the last date prescribed for receipt of tender fails.
T = Tonnage of steel used in the permanent works for the quarter under consideration.

B) The following conditions shall prevail

i) The operative period of the Contract shall mean the period. Commencing form the date
of the work order issued to the Contractor and ending on the date on which the time
allowed, for the completion of the work specified in the Contract for work expires,
taking into consideration the extension of time, if any for completion of the work
granted by Engineer in-Charge under the relevant Clause of the conditions of Contract
in cases other than those where such extension is necessitated on account of default of
the Contractor. The decision of the Engineer-in-Charge as regards the operative period
of the Contract shall be final and binding on the Contractor. Where any compensation
for liquidated damages is levied on the Contractor on account of delay in completion or
inadequate progress under the relevant Contract provisions, the price adjustment
amount for the balance of work from the date of levy of such compensation shall be
worked out by pegging the indices L1, M1, C1, P1, B1, SI1 and CI1 to the levels
corresponding to the date form which such compensation is levied.
ii) This price variation Clause shall be calculated in accordance with formula mentioned
above separately for Labour, Steel, Other material and POL Component. ii) This Price
variation Clause shall be applicable to all contracts in B1 / B2 and C form but shall not
apply to piece works. The price variation shall be determined during each quarter as
per formula given above in this Clause.
iii) Price Variation under this Clause shall not be payable for the extra items required to be
executed during the execution of work and also on the excess quantities of items
payable under the provisions of Clause 38/37 of the Contract from B1/B2 respectively.
Since the rates payable for extra items or the extra quantities under Clause 38/37 are
to be fixed as per current DSR or as mutually agreed to yearly revision till completion
of such work. In other words, when the completion /execution of extra items as well as
extra quantities under Clause 38/37 of the Contract form B1/B2 extends beyond the
operative date of the DSR then rates payable for the same beyond the operative the
date shall be revised with reference to the current DSR prevalent at that time on year-
to-year basis or revised in accordance with mutual agreement thereon, as provided for
in the Contract, whichever is less.
iv) This Clause is operative both ways, i.e. if the Price Variation as calculated above is on
the plus side, payment on account of the price variation shall be allowed to the
Contractor and if it is on the negative side, the Government shall be entitled to recover
the same form the Contractor and the amount shall be deductible form any amounts
due and payable under the Contract.
v) To the extent that full compensation for any rise or fall in costs to the Contractor is not
entirely covered by the provision of this or other Clauses in the Contract, the unit rate
and prices included in the Contract shall be deemed to include amounts to cover the
contingency of such other actual rise or fall in costs.

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SCHEDULE 'C'

Sr.
Material Details Qty unit IS Code
no.

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