EEC/PUNE/T-119/2022-23

Maharashtra State Electricity Distibution Co. Ltd.

Tender Details 15-01-2023 03:00:57
Tender Code EEC/PUNE/T-119/2022-23
Tender Type Works Tender
Type Of Bid Two Bid
Description Providing skilled attendants for operation of lifts &
water supply pumps at administrative building
Prakashbhavan under Civil Sub-Division Pimpri
Dist. Pune
Estimated Cost (In Lakhs) 6.63
Basis of prices NA
Tender Validity NA

Delivery Requirement (In Months) NA

Tender on rate contract basis NO

Tender Fee (In INR) 1000
GST In INR (@18% on Tender Fee: SAC No. 180
Total Tender Fee Amount including GST in INR. 1180
Shri A N Lidbide , 7875767829
Contact
,[email protected]
Pre-Qualifying Req As per Tender Booklet

Budget Type Revenue

Scheme Code NA
Scheme Name NA
Department Civil Department
Office Type DIVISION
Location Type Pune Civil Division
Designation Deputy Executive Engineer(Civil)
Pre-Bid Meeting Address "Office of the Executive Engineer (C)
M. S. E. D. Co. Ltd.,
Civil DIVISION, Block No. 303, Administrative
Building, Rasta Peth, Pune - 411 011
"

Bid Opening Address "Office of the Executive Engineer (C)

M. S. E. D. Co. Ltd.,
Civil DIVISION, Block No. 303, Administrative
Building, Rasta Peth, Pune - 411 011
"

Version No 1
Call for Deviation NO
Is Annexure C1 Applicable NA
Is Manufacturer Applicable NO
Is Trader Applicable NO
Minimum % of Offered Quantity NA

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 EEC/PUNE/T-119/2022-23

Is Power Supplier Applicable NO

Tender Sale Start Date 16-01-2023 00:00
Tender Sale End Date 23-01-2023 11:00
Bid Start Date 16-01-2023 00:05
Bid End Date 23-01-2023 16:00
Pre-Bid Meeting Date 20-01-2023 13:00
Techno-Commercial Bid opening on 23-01-2023 16:30
Price Bid opening on Will be declared later
Annexure C1 Opening Date NA
Winner Selection Date Will be declared later

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 EEC/PUNE/T-119/2022-23

TENDER SPECIFICATION NO. EEC/PUNE/T-119/2022-23

ESTIMATED COST Rs. 06,63,036.00/- (Excl. GST & Insurance)

MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD.

TENDER FOR
Providing skilled attendants for operation of lifts & water supply pumps
at administrative building Prakashbhavan under Civil Sub-Division Pimpri
Dist. Pune..

Tender submitted by M/s

_____________________________

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

Tender costs paid vide Money Receipt No. _______________

Earnest Money Deposit Rs. 6630/- paid vide M.R. No.: _______________

Tenders available on website: From 16.01.2023 to 23.01.2023 up to 11:00 Hrs.

Date of Submission: 23.01.2023 up to 16:00 Hrs.

Date of Technical Bid opening: 23.01.2023 at 16:30 Hrs. if possible

To be submitted: - On-line on Web site www.mahadiscom.in

Office of the Executive Engineer (C)

M. S. E. D. Co. Ltd.,
Civil DIVISION, Block No. 303,
Administrative Building,
Rasta Peth, Pune - 411011

Price per copy - Rs. 1180=00/- (Including 18% GST)

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 EEC/PUNE/T-119/2022-23

MAHARAHSTRA STATE ELECTRICITY DISTRIBUTION CO. LTD.

CIVIL DIVISION, PUNE

TENDER SPECIFICATION NO. : EEC/PUNE/T-119/2022-23

NAME OF WORK:- Providing skilled attendants for operation of lifts & water supply
pumps at administrative building Prakashbhavan under Civil Sub-
Division Pimpri Dist. Pune.
INDEX

TABLE OF CONTENTS

SR. NO. DESCRIPTION

1 SECTION I- E TENDER NOTICE

1.1 SHORT E- TENDER NOTICE

2 SECTION II-CONDITIONS OF TENDERING

3 SECTION III- AGREEMENT PROFORMA

4 SECTION IV- GENERAL CONDITIONS OF CONTRACT

5 SECTION V- SUPPLEMENTRY CONDITIONS OF CONTRACT

6
SCHEDULE B
7 MEMORANDUM OF TENDER DECLARATION

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 EEC/PUNE/T-119/2022-23

SECTION - I
E-TENDER NOTICE
(ONLY THROUGH ELECTRONIC TENDERING SYSTEM)

Bid No.- EEC/PUNE/T-119/2022-23

1.0 Digitally secured and percentage rate BIDs are invited {pre-qualification (Technical) bid and commercial
bid} through electronic Biding system (e-BID) by the Executive Engineer (Civil), MSEDCL, Civil DIVISION, Pune,
from reputed contractors who are registered contractor under MSEDCL Online registration system for works and
contracts and who fulfill the pre- qualifying conditions.

The pre-qualification (Technical) bid and Commercial bid shall be uploaded separately. The commercial
bid of contractors who fulfill the pre-qualification conditions shall only be opened.

2.0 NAME OF THE WORK : Providing skilled attendants for operation of lifts &
water supply pumps at administrative building
Prakashbhavan under Civil Sub-Division Pimpri Dist.
Pune.
VALUE OF WORK : Rs. 06,63,036.00/- /-(Excluding GST& Insurance).
TIME LIMIT : 12 Months.

TENDER COST Rs.1000.00/- (Excluding 18% GST)

EARNEST MONEY : Rs.6630 /- (Rs Four Thousand Eight Hundred Only)

DEPOSIT
SECURITY DEPOSIT : 5% of contract value. (No partly payment is allowed)

PRE-QUALIFYING REQUIREMENTS

3.0 Eligibility Criteria

3.1 The bidding is open to individual bidders who satisfy the qualification criteria set forth in the
bidding documents with respect to their experience and financial capabilities.
3.2 The bidder shall be registered in appropriate class in the central or state government
Department/PWD/MES/Railways/CPWD/SEB’s/Semi government organizations.
3.3 The bidder should have executed similar type of Works as mentioned in clause no 2.1 of
Section II (Conditions of Tendering) of this tender document.

4.0 Pre Qualifications for Bidder

4.1 The bidders should satisfy themselves before purchasing online tender that they meet all
above qualifying criteria. The bidders shall furnish the original documents in support for
fulfillment of pre-qualifying criteria and other tender requirements after opening of tender bids if
asked for.
4.2 The bidders not fulfilling the criteria of submission of the technical bid documents as specified
in tender will be disqualified. The on-line purchase of tender documents does not necessarily
qualify the bidders for acceptance of their bid.

4.3 For participation in the tenders, online vendor registration is mandatory. On-line vendor
registration is already opened on our website namely www.mahadiscom.in. Interested bidders
are requested to log in to this website and go through detail e-tender procedure of
registration.
4.4 Bid Documents will neither be issued manually nor be sent by post or courier. Blank tender
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 EEC/PUNE/T-119/2022-23

documents can be viewed and downloaded by intending bidders online on website

www.mahadiscom.in during sale period from 16.01.2023 to 23.01.2023 up to 11:00 Hrs
after payment of nonrefundable tender fees by E-payment directly to our MAHADISCOM’s
net banking account. EMD payment will have to pay online and the same will be returned to the
agency by the Company on receipt of application, when due. Tenders without the earnest money
are liable to be rejected.
4.5 Tenders (Technical and commercial Bid) Duly filled in as per the procedure stipulated in the
tender document and duly signed with digital signature will be received online till
23.01.2023 up to 16:00 hours. It is advisable to upload the duly signed tenders
sufficiently in advance of due date & time so as to avoid last minute trafficking at server.
Technical bid will be opened online on Dt. 23.01.2023 at 16:30 hours, if possible. After
opening of Technical bid and its scrutiny, commercial bid submitted by the tenderers who have
been qualified in technical bid will be opened. In case the above opening date happens to be a
Public Holiday, the immediate next working day will hold good in lieu of the date mentioned.
Tenders shall be submitted only online and not in person. Tenders sent by post/courier will not
be accepted. The tenders will not be accepted after due date & time of submission. Further
MSEDCL does not accept any responsibility for inability to use and/or for any delay in service
provided by the site. The right to reject any or all tenders without assigning any reason
whatsoever is reserved by the undersigned.
4.6 The general arrangement drawings of above work will be made available at the office of Executive
Engineer (C), Civil Division, Pune on all working days in normal office hours (if asked by bidder).

Executive Engineer (C)

Civil Division, Pune

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 EEC/PUNE/T-119/2022-23

ई न वदा सच
ु ना

महािवतरण तफ कायकारी अिभयंता ( था), थाप य िवभाग कायालय पुणे अंतगत अनुभवी कं ाटदारांकडु न महािवतरणचे िविवध
कायालय/ उपक येथील थाप य कामे करणेसाठी महािवतरणमधील न दणीकृ त कं ाटदाराकडू न िनिवदा . T-118/2022-23 व

T-119/2022-23 साठी ऑनलाईन िनिवदा मागिव यात येत आहेत. सदर िनिवदा महािवतरण या संकेत थळावर

(https://etender.mahadiscom.in/eatApp) द. १६.०१.२०२३ ते २३.०१.२०२३ पयत सकाळी ११:०० वाजे पयत उपल ध

आहेत. तसेच िनिवदा द. २३.०१.२०२३ रोजी दुपारी १६:०० वाजेपयत वीकार यात येतील. सदर िनिवदा द. २३.०१.२०२३
रोजी १६: ३० वाजता श य अस यास उघड यात येतील. िनिवदासंदभात अिधक मािहतीसाठी उप.कायकारी अिभयंता ( था)
िवभाग पुणे मण वनी . ७८७५७६७८२९ वर संपक साधावा. िनम वा रीकार यांनी कु ठलेही कारण न देता सव िनिवदा
वीकारणे अथवा र कर याचा अिधकार राखून ठे वलेला आहे. तसेच कं ाटदारांना िवनंती कर यात येते क , महािवतरण या
िनिवदा संकेत थळावर आपली न दणी क न यावी. तसेच िनिवदेबाबत काही मुदतवाढ कवा शु ी प काबाबत फ
संकेत थळावरील “Announcements” म येच कळिव यात येईल, याची न द यावी.

PRO No. PZ/१६०/२३

कायकारी अिभयंता ( था),

थाप य िवभाग, पुणे

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 EEC/PUNE/T-119/2022-23

SECTION - II

MAHARASHTRA ELECTRICITY DISTRIBUTION COMPANY LIMITED

Civil Division, Pune.

CONDITIONS O F TENDERING

2.1 This bid is a two part bid. Part I shall be prequalifying documents and Part-II shall be commercial bid.
The bidder shall upload his bid online as Technical Bid and Commercial bid simultaneously on due
date as specified in the tender notice as under,
PART I (Technical Bid)
PDF File of following scanned papers shall be uploaded duly signed by the bidder.
1. Forwarding letter.
2. Earnest Money Deposit will have to pay online directly to MSEDCL’s net banking
account. The Scanned copy of receipt shall be uploaded.
3. Copies of Income Tax return of last three years, PAN card, GST Registration Certificates and
balance sheet of last three years.
4. Registration certificate with state or central PWD/Railways/MES/SEB’s and central/state
semi govt bodies.
5. Food and Drug license is compulsory if applicable for Rest House upkeepment type of work.
6. Experience certificate/work completion certificate on similar works from office in charge
not below the rank Executive Engineer.
Experience having successfully completed similar works during last 7 years ending last
day of month previous to the one in which applications are invited should be either of the
following,
a. Three similar completed works costing not less than the amount equal to 40% of
the estimated cost.
OR
b. Two similar completed works costing not less than the amount equal to 50% of the
estimated cost.
OR
c. One similar completed work costing not less than the amount equal to 80% of the
Estimated cost.

``Similar works’’ means similar to name of work for tender only.

7. Average Annual financial turnover during the last 3 years, ending 31st March of the previous
financial year, should be at least 30% of the estimated cost.
8. Certified copy of partnership deed along with Power of Attorney authorizing partner or the
officer of the firm to sign the tender papers and enter into contract / sign all documents
related with this tender. When the work is awarded and the Letter of Intent/W.O. issued,
these documents shall become an integral part of the Contract Agreement.
9. Current Solvency Certificate of Nationalized/ scheduled Bank for amount of 25 % of
estimated cost and valid for sufficient period.
10. Positive net worth certificate of previous financial year by chartered accountant.
11. Duly signed copy for Manpower employed list
12. Duly Signed copy for tools ,plants and machinery list.
13. Provident Fund Registration.

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PART II (Commercial Bid)

PDF File of scanned form of Memorandum of Works duly signed by Contractor shall be uploaded.

OPENING OF TECHNICAL BID AND COMMERCIAL BID

The Technical bid shall be first opened on the day of the opening in the office of Executive Engineer (Civil)
MSEDCL Civil Division, Pune. The prequalification of the tenderers will be verified. The commercial bid of only
those tenderers who qualify in technical bid shall be opened thereafter on the same day or any subsequent day
if possible.

2.2 Earnest Money Deposit (Bid Guarantee):

Earnest Money Deposit will have to pay online directly to MSEDCL’s net banking account If any tenderer
withdraws his bid during the period of validity of the bid as specified by the MSEDCL, the earnest money
deposit of such tenderer shall be forfeited. Similarly, if the successful tenderer fails to sign the contract
in accordance with the conditions of the contract and/or to furnish prescribed security deposit within
stipulated time limit, the Letter of Intent shall be cancelled and his earnest money deposit shall be
forfeited. Tender submitted without E.M.D will not be accepted.
2.2.1 Validity of E.M.D: EMD shall be initially valid for a period of six (6) months from the date of opening
of commercial bid.
2.2.2 E.M.D. of the successful bidder shall be returned once the contract is signed by both the parties and
provided the security deposit is furnished by the successful bidder.
2.2.3 The Earnest Money Deposit may be forfeited.
a) If a bidder withdraws his bid during the period of bid validity specified by the owner after
opening of commercial bid
OR
In the case of the successful b i d d e r , if the bidder fails:-
b) To furnish security deposit, within the prescribed time, thereof.
2.3 No interest shall be payable by the Owner on the E.M.D./security Deposit furnished by the bidder.
2.4 Attested copies of up-to-date Income Tax Clearance and Goods & Service Tax
Registration Certificates will also have to be submitted along with the tender, without which the tender will
be considered as incomplete and liable to rejection.
2.5 The tender shall remain valid for six (6) month from the date of opening of the commercial bid. A
bid valid for a shorter period may be rejected by the owner as non-responsive.
2.6 The tenderer will have to quote appropriate percentage both in figures as well as in words on
memorandum of works at the appropriate place as detailed in the enclosed Schedule of Items. In
case of discrepancy between description in words and figures, the description in words will prevail.
2.7 All corrections in the documents should be signed by the tenderer before submission of the tender.
Each page of the tender documents must be signed by the tenderer. All rates and prices quoted
shall be in ink only.
2.8 The tenderer may sign the tender in English or in any Indian language. The tenderer shall exercise
only one option among the three offered to quote his price bid and in case of any deviation the
tender would be rejected.
2.9 Canvassing in any form is strictly prohibited and any tenderer found to have resorted to canvassing
shall be liable to have his tender rejected summarily.
2.10 In the event of the tender being submitted by a partnership firm, it must be signed by an authorized
partner or in the event of absence of any partner it must be signed by a person holding a power
of attorney authorizing him to do so. Such power of attorney should be uploaded along with the
tender.
2.12 Intending tenderer should note that he will have to work simultaneously with several other
Contractors/Agencies already entrusted with other works or with contractors to be entrusted with
other works in future on the same site. The contractor will have to work in c lose cooperation with
all contractors engaged in this Project.
2.12 Tenders which do not fulfill any of the above conditions or are otherwise incomplete are liable to
rejection.
2.13 Acceptance of the tender will rest with The Executive Engineer (C), Civil Division, Pune who do not bind
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themselves to accept the lowest tender and reserve themselves the authority to reject any or all the
tenders received without assigning any reason whatsoever.
2.14 Time is the essence of this contract. The works listed in schedule-B and covered under the
scope of work shall be completed within the time schedule given.
2.15 The successful tenderer shall pay the prescribed security Deposit within 10 days of acceptance of his
tender and issue of letter of intent. The contractor will have to pay security Deposit, amounting to 5%
of the value of the contract in the form of FDR / Bank Guarantee or equivalent Govt. securities in
favour of “Executive Engineer (Civil), MSEDCL, Civil Division, Pune.”
2.17 All types of taxes / levies / royalties / tolls etc apart from GST due to the Govt. as per prevailing rates
are to be borned by the Contractor. GST-TDS shall be payable on the accepted contract value as per
prevailing rules.
2.18 1% percent cess on labour welfare is considered in estimate; hence 1% cess for labour welfare will be
deducted from bill.
2.19 Price variation / escalation are not applicable for this contract.
2.20 The Agency shall obtained insurance from insurance company before commencement of work
2.21 The technical bid and commercial bid is required to be uploaded. The bids sent by post/speed
post/courier etc will not be accepted.

2.22 SPECIAL CONDITIONS OF CONTRACT

TERMINATION OF CONTRACT :
1. The decision of the Company shall be final as regards the acceptability of the work executed by the
contractor and the company shall not be required to give any reason in writing or otherwise atany time for
the rejection of the work/service.

2. In case the contractor fails to execute the work satisfactorily thereof within the contracted period or in
case the work done are found not in accordance with the prescribed specification , approved samples and
the performance of the work is not found satisfactory, the MSEDCL competent authority shall exercise in
discretionary power either,

a. to execute work from elsewhere, after giving due notice to the contractor, at the risk of contractor,
such part of work or other of similar description, without canceling the contract in respect of due
date of work, OR
b. to cancel the contract reserving company right to recover damages Plus GST as may be
applicable.
c. notwithstanding that the powers under (a) and (b) referred above are in addition to the rights and
remedy available to the company under the General Law of India relating to contract.
d. company reserves right to recover damages against risk purchase or 10 % value of non-supplied
material plus applicable taxes, if any whichever is higher. In the event of risk execute work of
similar description, the option of the company shall be final. In the event of action taken under (a)
or (b) above, the contractor shall be liable for any loss which the company may sustain on that
account but the contractor shall not be entitled to any saving on such works made against default.

3. Further contract can be terminated in case of sub-standard /poor quality material.

2.23 SUSPENSION OF THE CONTRACTOR:

During the execution of the work/supply if the events as under happens then the contractor /supplier shall be
suspended:-

a) If the enquiry conducted by CBI or any other investigating Agency and recommended for
suspension.
b) If the Company finds the offense of moral turpitude committed by the supplier.
c) If it is found that Contractor has attempted some irregular/illegal activities to gain the order.

2.24 REMOVAL FROM LIST OF REGISTERED VENDORS:

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In the event of debarment/termination of contract, as the case may be, the bidder will be de-listed
for that particular item/s from the list of registered vendors of MSEDCL’s e-tendering system for the
debar period. On expiry of debar period the bidder, if he desires, shall have to register again after
following the prevailing registration process.

SIGNATURE AND FULL ADDRESS EXECUTIVE ENGINEER (C)

OF THE TENDERER MSEDCL, Pune -11
DATE :

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FORM OF BANKER’S UNDERT AKING FOR EECURIT Y DEPOSIT

“The Bank of , hereby agrees unequivocally and unconditionally to

pay, at Pune, within 48 hours on demand in writing form the Maharashtra State Electricity
Distribution Co. Ltd. or any Officer authorised but it in this behalf, of any amount upto and not
exceeding Rs. ( in words rupees ) to the said
Maharashtra State Electricity Distribution Co. Ltd. on behalf, of who have tendererd and on whom
Letter of Intent has been placed vide No. dated for the
work of

The agreement shall be valid and binding on this Bank up to and including
and shall not be terminable by notice or any change in the construction of the Bank or the firm of
contractors or by any other reasons whatsoever and out liability hereunder shall not be impaired or
discharged by any extension of time or variations or alterations made given or between parties to
the said, within return contract. The validity of the Bank Guarantee will be extended by us for a
further period of six months, one month prior to its present validity period at the request of MSEDCL.

In case of any dispute arising out of or in connection with the extension of encashment of Bank

Guarantee. The courts in Pune will have jurisdiction.

Our liability under this Guarantee is restricted to Rs (Rupees

_ _ __ _ __ _ _ _ __ _ __ __ _ _ _ __ _ __ _ o n l y). Ou r g u a r a n t e e s h a l l r e m a i n i n f o r c e u n t i l

and unless a suit or action to enforce a claim under this guarantee is filled against
us within six months from that date, all your rights under the said guarantee shall be forfeited and
we shall be relieved and discharged from all liability thereunder.

Signed: For

Please note:

1. The value of stamp paper for this B.G. shall be 500/-.

2. The Bank Guarantee should be furnished from a scheduled Bank.

3. Please state the full and complete postal address of the Bank Undertaking the guarantee.

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 EEC/PUNE/T-119/2022-23

PROF ORM A F OR F ORWARDING L ET T ER

To
Executive Engineer (Civil)
Maharashtra State Elect. Dist. Co. Ltd.,
Civil Division, Pune
Block No. 303, Admn. Bldg. Rasta Peth,
Pune 41 2 012.

SUB :

REF : Company’s tender specification No.

Dear Sir,
We have gone through the various stipulations under the above mentioned tender
specification and the following documents are enclosed.

1. Earnest Money Deposit receipt.

2. Copies of Income Tax return of last three years, PAN card, GST Registration
Certificates and balance sheet of last three years.
3. Registration certificate with state or central PWD/Railways/MES/SEB’s and
central/state semi govt bodies.
4. Similar work Experience certificate.
5. Average Annual financial turnover during the last 3 years.
6. Certified copy of partnership deed.
7. Current Solvency Certificate.
8. Positive net worth certificate of previous financial year by Chartered accountant.
9. Vendor master updation. (applicable to new registered vendors only)
10. Duly signed copy for Manpower employed list
11. Duly Signed copy for tools ,plants and machinery list.
12. Provident Fund Registration.

Further it is kindly requested to refund EMD after finalization of tender

Yours faithfully,

Authorized signatory
Designation
Address

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SECTION III
AGREEMENT PROFORMA

THIS AGREEMENT made at ……………… this day of

Two Thou san d & _ ___ ___ ____ Between ___ ___ ___ ______ (he rein af ter ca lled THE
CONTRACTOR which expression shall unless excluded by or repugnant to the context include his
successors or permitted assigns) of the one part and the Maharashtra State Electricity Distribution Co.
Ltd. (herein after called “ The Company which expression shall unless excluded by or repugnant to the
context include its successors and assigns) of the other part.

WHEREAS Maharashtra State Electricity Distribution Co. Ltd., Pune invited tenders according to the
powers held by him as per rules for the work of
_ _ _ _ __ in
Accordance with the plans and specifications annexed there to and WHEREAS the said tender was
accepted by the Maharashtra State Electricity Distribution Co. Ltd. under of intent no.
_ _ __ _ _ __ _ __ _ __ _ _ _ __ __ _ __ __ _ __ _ __ _ _ __ _ __ _ __ _ _ _ __ _ __ _ _ _ _ _ __ _ _ __ _ __ _ __ _
_ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___
and work order no. placed with the said
contractor on the terms and conditions specified in the tender and aforesaid work order letter of the
Company and on the condition of the contract as specified in the tender and in the booklet viz. “ Tender
and contract for works” of the Maharashtra State Electricity Distribution Company Ltd., attached with the
tender.

NOW THIS AGREEMENT witnesses and it is hereby agreed and declared as under .

In consideration of the value of the contract viz. Rs. placed with the contractor on the terms and
conditions specified in the contract, the contractor hereby covenants with the Company that he shall and
will duly provide and execute the work and shall perform all other works and things in this contract
mentioned and described or which are implied there from of may reasonably be necessary for the
completion of the said work within and at same time and in the manner and subject to the terms and
conditions stipulations contained in this contract and the Company shall pay to the contractor all the sums
of money as and when they may become due and payable under the provisions of the contract.

The contractor shall undertake the work of

_
as mentioned and described in the contract
as per specifications and tender accepted vide letter of intent No. ----------------------
and will complete the same in stipulated period in accordance with plans and specifications and
conditions annexed.

The contractor shall complete the work as per the terms and conditions specified in the Company’s letter of
intent No. work order no.
-- -- -- -- -- --- -- -- -- and terms conditions specified in booklet viz. ‘Tender and contract for works ‘ attached
with the tender.
The contractor shall indemnify the Company for all claims for injury caused to any persons, whether
workmen or not while in upon the works or the site and the said Company shall not be

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bound to defend any claims brought under the workmen’s compensation Act and the contractor
shall be liable for any such claims.

This agreement shall remain valid during the currency of contract period including extension of
time limit if any, or up to expiry of the maintenance period beyond the physical completion of the
work as accepted by Maharashtra State Electricity Distribution Co. Ltd., whichever is later.

The aforesaid Company’s letters along with tender submitted by the contractor along with plans
and specifications and his acceptance letter
and the booklet viz. “ Tender and contractor for works “ of the Maharashtra State Electricity
Distribution Co. Ltd . shall be dee med to the part of this contract. The said papers are
signed b y
_ _ _ _ _ _ _ __ _ _ _ __ _ _ _ f o r a nd on b e h a lf of th e co n t ra ct o r a nd by
for and on behalf of the Company for the purpose of
identification and annexed with as schedule.

1)

2)

3)

4)

5)

In WITNESS WHEREOF the parties hereto have signed this agreement on the date respectively
mentioned against their signature.

Signed and delivered by :

1)

2)

Signed and Delivered by

Shri
Maharashtra State Electricity Distribution Co. Ltd.
for and on behalf
Maharashtra State Electricity Distribution Co. Ltd.
in presence of
1)

2)

Please note :- The value of stamp paper for this agreement is Rs. 500/-



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 EEC/PUNE/T-119/2022-23

Vendor master updating format

[Compulsory for First time participated bidder who are
not registered vendor to MSEDCL]

On the Letter Head of Vendor

Name of the Vendor

Vendor No
Detailed Address
Street/Area
Village/Town
District
PIN
City
State
Contact No.
E-mail
Nature of Business
SSI/LSI
PAN No.
GSTN No.
Bank Details
Bank Account Number
Bank Name
Branch Name
IFSC Code
MICR Code
Authorized Signatory
Name of Person
Designation
Contact No.

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 EEC/PUNE/T-119/2022-23

SECTION I V

MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD.

GENERAL CONDITIONS OF CONTRACT
1. Application :
Unless otherwise provided for in the contract documents, these General conditions shall apply to
the work of all sections of the specifications attached herewith.
2. Definitions and interpretations :
Whenever these words occur in the contract documents, they shall have the following
meanings.
a) Owner/Company
The owner is Maharashtra State Electricity Distribution Co. Ltd., a statutory body, constituted by
the Govt. of Maharashtra having its registered office at Hong Kong Building, Third floor, M.G. Road,
Mumbai - 410 001 and referred to throughout in the contract documents by “owner” or “Company”.
The word “owner” or “Company” when used in conjunction with the words “as directed” “when
directed”, “subject to approval”, “satisfactory”, “approved”, “accepted”, equal to, “proper”,
“determined by”, shall mean the Executive Engineer (Civil), Civil DIVISION, Pune of the
“Company” or his authorized representative.
b) Engineer :
The “Engineer” means the owner’s authorized Engineer-in-charge or his representative for Civil
and Structural construction and supervision work to perform the duties set forth in this General
Conditions of contract and other contract documents annexed hereto.
c) Contractor :
The Contractor is the successful Tenderer who is awarded the contract by the owner to perform
the works covered by the contract and shall be deemed to include the contractors successors,
heirs, executors, administrators, representatives or assigns approved by the owner and will be
referred to as of masculine gender and singular number, throughout these Documents. In case
work is awarded to a party which is in consortium with other agency it will be the sole
responsibility of the prime contractor to observe /fulfill contractual terms, conditional and
obligations and no correspondence in this regard will be made by the Company with the
associate firm.
d) Sub Contractor:
The term “Sub Contractor” use herein refers to party or parties having a direct contact with the
contractor to whom any part of the contract has been sublet by the contractor with the consent
in writing of the owner.
e) Contract :
“Contract” means the Notice Inviting Tenders, conditions of tendering, Tender forms, Gene ral
conditions of contract, supplementary conditions of contract. Technical specifications,
priced schedule of items, contract agreement and drawings and any other document which may
be included at the time of signing of the contract Agreement.
f) Drawings :
“Drawings” means the drawings referred to in the contract and any modification of such
drawings approved in writing by the engineer and such other Drawings as may from time to time
furnished or approved in writing by the Engineer.
g) Works :
“Works” means the works to be executed by the contractor in accordance with the contract, which
has also been referred to as “Contact Works.”
h) Temporary works:
“Temporary W orks” means all temporary works of every kind required in or about the execution
completion and maintenance of the works by the contractor at their own cost and risk.
i) Contract Price :
“Contract Price” means the sum mentioned in the tender subject to such addition thereto or
deductions therefrom as may be under the provisions hereinafter, contained.

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j) Constructional Plant :
“Constructional Plant” means all appliances or things of whatsoever nature required or about
the execution completion and maintenance of the works or temporary works by the contractor at
his own cost and risk (as herein after defined) but does not include materials or other things
intended to form or forming part of the permanent work.
k) Month :
“Month” shall mean the English calendar month.
l) TERMS OF APPROVAL, JUDGMENT OR DIRECTION :
When the works “approved” subject to “approval” “Satisfactory”, “Equal to”, “as directed”, “where
directed”, “when directed”, “determined by”, “accepted”, “permitted”, etc. are used, the approval,
judgment, direction etc. implied is understood to be a function of the Engineer and /or the owner and
shall have the same effect as if performed by the owner.
m) Site :
“Site” means the lands and other places on under in or through which the works are to be executed
or carried out and any other land or places provided by the owner for the purpose of the contract.
3. EXTENT OF CONTRACT :
The works to be performed under this contract consist in provided by the contractor within his
quoted rates, all labour, materials supervision, constructional plant, equipment, supplies,
transportation to or from the site, fuel, electricity compressed air, water and all incidental items
and temporary works not shown or specified but reasonably implied or necessary for the proper
completion, maintenance and handling over of the works, except items specified to be furnished by
the owner or others, all in accordance with the stipulations laid down in the contract documents and
additional drawings as may be provided by the Engineer during the course of works.
4. CONTRACT DOCUMENTS:
4.01 Ambiguity in Documents:
The several documents forming the contract are to be taken as mutually explanatory of one
another and in case of ambiguities or discrepancies; the same shall be explained and adjusted by
the Engineer who shall thereupon issue to the contractor instructions directing in what manner the
work is to be carried out.
4.02 Supply and custody of Drawings and specifications :
The drawings and specifications shall remain in the sole custody of the Engineer, but copies
thereof shall be furnished to the contractor free of cost. The Company shall make every effort to
release construction sites and working drawings in stages to suit the mutually drawn up
programmed of constructional .The contractor shall provide and make at his own expense any
further copies required by him. At the completion of the contract the contractor shall return to the
Engineer all drawings and specifications provided under the contract.
4.03 Requisition for Drawings and/or specifications :
The contractor shall give adequate notice in writing to the Engineer for any further Drawings or
specifications that may be required for the execution of the works or otherwise under the
contract.
4.04 Drawings to be made available at site :
One copy of the drawings furnished to the contractor as aforesaid shall be kept by the contractor
at the site and the same shall at all reasonable times be available for inspection and use by the
Engineer and the Engineer’s Representative and by any other person authorised by the Engineer
in writing.
4.41 Additional Drawings :
The Engineer shall have full power and authority to supply to the contractor from time to time during
the progress of the works such further Drawings and instructions as shall be necessary for the
purpose of the proper and adequate execution and maintenance of the works and the contractor
shall carry out and be bound by the same.
5.0 General Requirements :
5.01 Contractor to execute Agreement :
The contractor shall when called upon to do so, enter into and execute a contract Agreement (to be
prepared at the cost of contractor) is the form annexed hereto with such modifications as may be
agreed upon.
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 EEC/PUNE/T-119/2022-23

5.02 Contractor to visit site before submission of tender :

The contractor shall inspect and examine the site and its surrounding and shall satisfy himself
before submission of his tender as to the nature of the site, the quantities and nature of the work
and materials necessary for the completion of the works and the means of access to the site, the
accommodation he may require and in general shall himself obtain all necessary information
(subject to above mentioned) as to risks, contingencies and other circumstances which may
influence or affect his tender.
5.03 Correctness and sufficiency of rates quoted in the tender :
The contractor shall be deemed to have satisfied himself before tendering as to the correctness
and sufficiency of his tender for the works and of the percentages rates quoted and prices
stated in the Schedule of items which shall (except in so far as it is hereinafter otherwise
provided) cover all his obligations under the contract and all matters things necessary for the
proper completion and maintenance of the works.
5.04 Contractor shall execute, complete and maintain the works as per directions of the
Engineer :
Save in so far as it is legally or physically impossible, the contractor shall execute, complete and
maintain the works in strict accordance with the contract to the satisfaction of the Engineer and
shall comply with and adhere strictly to the Engineer’s instructions and directions on any matters
whether mentioned in the contract or nor. The contractor shall take instructions and directions only
from the Engineer or from the Engineer’s representative unless otherwise provided for in the
contract.
5.41 Contractor to submit programme :
After the acceptance of his tender the contractor within a month shall submit to the Engineer for his
approval a programmed showing the order of procedure an method in which he proposes to
carry out the works and shall whenever required by the Engineer furnish for his information
particulars in writing of the contractor’s arrangements for carrying out of the works and of the
constructional plant and temporary works which the contractor intends to supply, use or construct
as the case may be. The submission to an approval by the Engineer of such programme or the
furnishing of such particulars shall not relieve the contractor of any of his duties or responsibilities
under the contract.
5.06 Contractor’s site staff :
The contractor shall give or provide all necessary superintendence during the execution of the
works and as long thereafter as the engineer may consider necessary. The contractor or a competent
and authorized agent or representative approved of in writing by the Engineer (which approval may at
any time be withdrawn is to be constantly on the works and shall give his whole time to the
superintendence of the same. Such authorised agent or representative shall receive on behalf of
the contractor, directions and instructions from the Engineer or the Engineer’s representative.
5.07 Removal of persons employed on site :
The contractor shall employ in and about the execution of the works only such persons as are
careful skilled and experienced in their several trades and calling and the engineer shall be at
liberty to object to a nd require the contractor to remove from the si t e and person employed
by the contractor in or about the execution of the works who in the opinion of the Engineer,
misconducts himself.
5.08 Setting out:
The contractor be responsible for the true and proper setting out of the works and for the
correctness of the positions, levels, dimensions and alignments of all parts of the works and for
the provision of all necessary survey grid pillars and bench marks, instruments appliances and
labour in connection therewith, If at any time during the progress of works any error shall appear
or arise in the positions, levels, dimensions of alignments of any part of the works, the contractor
on being required to do so by the Engineer, shall at his own expense rectify such errors to the
satisfaction of the Engineer unless such errors are based on incorrect data supplied in writing by
the Engineer or the Engineer’s representative in which case, the expense of rectifying the same
shall be borne by the owner. The checking of any setting out or of any line or level by the Engineer
or Engineer’s representative shall not in any way relieve the contractor of his responsibility for the
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correctness thereof and the contractor shall carefully protect and preserve all survey grid
pillars bench marks, site rails, pegs and other things used in setting out the works.
5.09 Protection of works :
The contractor shall in connection with the works provide and maintain at his own cost all lights,
guards, fencing and watching when and where necessary or required by the Engineer or any
competent statutory or other authority for the protection of the works or for the safety and
convenience of the public or others.
5.10 Care of Works :
From the commencement to the completion of the works, the contractor shall take full
responsibility for the care thereof and of all temporary works and in case any damage loss or
injury shall happen to the works or to any part thereof or to any temporary works from any cause
whatsoever, (save and except the “Force Majeure” conditions as defined hereinafter ) shall at his
own cost repair and make good the same so that at completion, the works shall be in good order
and condition and in conformity in every respect with the requirements of the contract and the
Engineer’s instructions. In the event of any such damage, loss or injury happening from any of the
“Force Majeure” conditions, the contractor shall if and to the extent required by the Engineer and
subject always to the provisions made hereof, repair and make good the same as aforesaid at the
cost of items of work. If similar items are not available from the schedule of items of contract, then
the rates may be analyzed as per current State P W D schedule of rates applicable to the area
at the time of tendering with a plus or minus variation to be quoted in the tender. The contractor
shall also be liable for any damage to the works occasioned by him in the course of any
operations carried out by him for the purpose of complying with his obligations as provided for in the
contract.
5.12 Force Majeure conditions :
1) Below mentioned conditions only shall be constructed to be applicable to this contract as “Force
Majeure” conditions
i) Irresistible compulsion
ii) Co-erection diplomatically recognized as irresistible
iii) War
iv) Strikes declared as illegal by Labour Commissioner
v) Lockouts by contractor agreed to by Labour Commissioner
vi) Act of God
2) No other “Force Majeure” conditions shall be treated as applicable to this contract.
Any statement about any exigency outside contractor’s control if included in the
“Force Majeure”, the said change shall not be accepted by the Company. If there are illegal
strikes /legitimate lockouts of about nature in the works or contractor’s suppliers for
manufactured materials, the same shall be notified, by the contractor to the Company, who
may consider the issue and advice the contractor for the change of agency in which case
corresponding time loss shall be covered by “Force Majeure” clause. This consideration shall,
however not be treated as applicable to local suppliers (for materials such as sand, brick
etc.) subcontractors for labour, if any and the transporting agencies (save for railways).
5.12 Insurance for works, materials and plant :
Without limiting his obligations and responsibilities provided herein, the contractor shall ensure
in the joint names of the owner and the contractor against all loss or damage from whatever
cause arising (other than the “Force Majeure conditions”) for which, he is responsible under the
terms of the contract and in such manner that the owner and the contractor are covered during
the period of construction of the works and are also covered during the period of Maintenance for
the loss or damage arising from a cause occurring prior to the commencement of the period of
maintenance and for any loss or the damage occasioned by the contractor in the course of any
operations carried out by him for the purpose of complying with his obligations :
a) The works and temporary works to the full value of such works executed from time to time.
b) The materials constructional plant and other things brought to the site by the contractor to the
full value of such materials, constructional plant and other things.
Such insurances shall be effected with an insurer and in terms of approved by the owner (which
approval shall not be unreasonably withheld) and the contractor shall whenever required
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produce to the Engineer the policy or policies of insurance and the receipts for payment of the
current premiums.
5.13 Limitations of liability for damage and injury :
The contractor shall take every practicable precaution not to damage or injure any adjoining or other
properties or any persons. He shall (except if and so far as the contract provides otherwise )
indemnify and keep indemnified the owner against all claims for injuries or damage to any
person or any such property whatsoever (including surface or other damage to land or crops being
on the site suffered by tenants or occupiers) which may arise out of or in relation thereto provided
always that nothing herein contained shall be deemed to render the contractor liable for or in
respect of or to indemnify the owner against any compensation or damages for with respect to :
a) The permanent use or occupation of land by the works or any part thereof (save in respect
or damage to crops as aforesaid).
b) The right of the owner to construct the works or any part thereof an over, under in or through
any land.
c) Interference whether temporary or permanent with any right of light, air, way or water or other,
easement or quasi-easement which is the unavoidable result of the construction of the
works in accordance with the contract.
d) Injuries or damages to persons or property resulting from any act or neglect of the owner his
agents servants or other contractors (not being employed by the contractor)
or for or in respect of any claims, demands, proceedings, damages, costs, charges and
expenses in respect thereof or in relation thereto.
The owner will save harmless and indemnify the contractor from and against all claims,
demands, proceedings, damages, costs charges and expenses in respect of the matters
referred to the proviso aforesaid in this sub clause.
5.14 Insurance for public liability and property damages :
Upon the execution of the contract, the contractor (but without limiting his obligations and
responsibilities and responsibilities stated hereof) shall insure in the joint names of the contractor
and owner against any damage, loss or injury which may occur to any adjoining or other property or
to any person by or arising out of the contract otherwise than due to the matters referred to in the
proviso of sub clause 5.14 t hereof.
Such insurance shall be effected with an insurer and in terms approved by the owner (which
approval shall not be unreasonably withheld ) and for at least the amount sufficient to cover any
claim that may arise and the contractor shall whenever required produce to the Engineer the
policies of Insurance and the receipt for payment of the current premiums.
The owner shall have the right at any time to increase the limits of public Liability Insurance and
property Damage Liability Insurance than those specified by the contractor, in which event, the
extra premium money to be paid shall be reimbursed by the owner.
5.15 Contractor shall indemnify owner against workmen’s Compensation :
The owner shall not be liable for or in respect of any damage or compensation payable at law in
respect or in consequence of any accident or injury to any workman or other person in the
employment of the contractor or any subcontractor save and except an accident or injury resulting
from any act or default of the owner, his agents or servants and the contractor shall indemnify and keep
indemnified the owner against all such damages and compensation (save and except as aforesaid)
and against all claims, demands proceedings, costs, charges and expenses whatsoever in respect
thereof or in relation thereto.
For all the insurance envisaged in sub clause 5.12, 5.13, 5.14 and 5.15 the mode and extent of
insurance taken by the contractor.
5.16 Insurance for workmen’s compensation :
The Contractor shall be responsible for and shall pay any compensation to his workmen payable under
the Workmen's compensation Act, 1923 (VII of 1923), (hereinafter called the said Act) for injuries caused
to the workmen. If such compensation is payable / pad by the Government as principal under sub-
section (1) of section 12the said Act on behalf of the Contractor, it shall be recoverable by the
Government from the Contractor under sub-section (2) of the said section. Such Compensation shall be
recovered in the manner laid down in Clause 1 above.

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The Contractor shall be responsible for and shall pay the expenses of providing medical aid to any
workman who may suffer a bodily injury as a result of an accident. If such expenses are incurred by
Government, the same shall be recoverable from the Contractor forthwith and be deducted without
prejudice to any other remedy of the Government from any amount due or that may become due to the
Contractor.
The Contractor shall provide all necessary personal safety equipment and first aid apparatus available for
the use of the persons employed on the site and shall maintain the same in condition suitable for
immediate use at any time and shall comply with the following regulations in connection therewith.
a) The workers shall be required to use the equipment’s so provided by the contractor and
the Contractor shall take adequate steps to ensure proper use of the equipment by those
concerned.
b) When work is carried on in proximity to any place where there is a risk of drowning all
necessary equipment shall be provided and kept ready for use and all necessary steps
shall be taken for the prompt rescue of any person in danger.
c) Adequate provision shall be made for prompt first aid treatment of all injuries likely to be
sustained during the course of the work.
5.17 Failure to keep in force the insurance :
If the contractor shall fail to effect and keep in force the insurance referred to above or any other
insurance which he may be required to effect under the terms of the contract, then and in any
such case the owner may effect and keep in force any such insurance and pay such premium or
premium as may be necessary for that purpose and from time to time deduct the amount so paid
by the owner as aforesaid from any other any monies due or which may become due to the
contractor or recover the same as a debt due from the contractor. The contractor shall be
charged interest on such debt @ 19% (nineteen percent) per annum.
5.18 Notice and payment of fees :
The contractor shall give all notices and pay all fees required to be given or paid by any Act of
parliament or any regulation or bye law of any local or other statutory authority in relation to the
execution of the works or of any temporary works and by the rules and regulations of all public
bodies and companies whose property or rights are or may be affected in any way by the works
or any temporary works. The contractor s h a ll conform in all respects with the provision of any
general or local Act of parliament and regulations or bye-laws or any local or statutory authority
which may be applicable to the works or to any temporary works and with such rules and
regulations of public bodies and companies as aforesaid and shall keep the owner indemnified
against all penalties and liability of every kind for breach of any such Act, regulation or bye-law.
5.19 Ownership of articles or value discovered at site :
All fossils, coins articles of value or antiquity and structure and other remains or things or
geological or archaeological interest discovered on the site shall as a between the owner and the
contractor be deemed to be the absolute property of the owner and the contractor shall take
reasonable precautions to prevent his workmen or any other persons from removing or
damaging any such article or thing and shall immediately upon discovery and carry out at the
expense of the owner the Engineer’s orders as to the disposal of the same.
5.20 (a) Patent right :
The contractor shall fully indemnify the Company against all actions, suits, claims, costs, charges,
expenses arising from or incurred by reasons of any infringement or alleged infringement of any
letters, patent design, trademark or name, copy right or other protected rights in respect of any
machine, plant, work or materials, thing or system or method of using, fixing working or arrangement
used or fixed or supplied by the contractor but this indemnify 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 of any part thereof otherwise than in the manner or for the 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, material thing, 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 Company 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 of such claim or demand and such action or
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suit also be conducted by him subject if and so far as the Company shall think proper to the
supervision and control of the Company through the officer duly authorized on its behalf.
5.20 (b) Royalty :
Any royalty required to be paid on the materials brought by the contractors from any source and as
prevalent on the date of opening of the price bids shall have to be paid by the contractors to the
concerned revenue authorities and the contractors shall be fully responsible to this extent. The
rates quoted by the tenderers shall be inclusive of t h e royalty charge as prevalent on the date
of opening of the prices bids. In case of any increase or decrease in the royalty charges by
the Govt. of Maharashtra on the materials subsequent to the opening of the price bids, also it
shall be responsibility of the contractor to make the payment of appropriate royalty charges to the
Revenue Authorities. However, such increase or decrease shall be payable to or recoverable
from the contractors. In order to verify whether there is any increase or decrease in the royalty
charges, the contractors shall submit along with every R.A. bill appropriate receipts/certificate
from the revenue authorities regarding payment of royalty and increase/decrease therein over the
royalty payable on the date of opening of the price bids.
5.20 (c) Goods and Service Tax :
1) All types of taxes / levies / royalties / tolls etc apart from GST due to the Govt. as per prevailing
rates are to be borned by the Contractor.
2) GST shall be payable on the accepted contract value as per prevailing rules of Govt.
5.20 (d) TDS recovery under MGST Act 2017 :
In accordance with the provision of MGST Act 2017, deduction of TDS at source at the rate of 2%
(1% SGST Act + 1% CGST Act) on the net value of each R. A. Bill will be made.
[If the supplier & recipient of goods or services are situated in Maharashtra, 2% TDS will be
deducted. When supplier and recipient of goods or services situated in two different states,
Interstate supply, TDS @ 2% will be deducted under 2% IGST Act. ]
5.21 Convenience of public :
All operations necessary for the execution of the works and the construction of any temporary
works shall so far as compliance with the requirements of the contract permits be carried on so as
not to interfere unnecessarily or improperly with the public convenience or the access to use and
occupation of public or private roads and footpaths or to or of properties whether in the
possession of the owner or of any other person and the contractor shall save harmless and indemnify
the owner in respect of all claims, demands, proceeding, damages, costs, charges and expenses
whatsoever arising out of or in relation to any such matter.
5.22 Prevention of extraordinary traffic and protection of highway :
The contractor shall use every reasonable means to prevent any of the highways or bridges
communicating with or on the routes to the site from being subjected to extraordinary traffic by any
traffic of the contractor or any of his sub-contractor and in particular shall select routes, choose
and use vehicles and restrict and distribute loads so that any such extraordinary traffic as
will inevitably arise from the moving of plant and material from and to the site shall be limited as
far as reasonably possible and so that no unnecessary damage or injury may be
occasioned to such highways and bridges. Should it to be found necessary for the contractor to
move one or more loads of constructional plant machinery or pre constructed units or parts of
units of work over part of a highway or bridge and that the moving of such load must in all
probability damage the highway or bridge unless means of protection or strengthening are
carried out then the contractor shall before moving the load on to such highway or bridge to the
Engineer of the weight and other particulars of the load to be moved and his proposals for
protecting or strengthening the said highway or bridge.
5.23 Facilities for other contractors :
The contractor shall in accordance with the requirements of the Engineer afford all reasonable
facilities for any other contractors employed by the owner and their workmen and for the workmen
of the owner and of any other properly authorised authorities or statutory bodies who may be
employed in the execution on or near the site of any work not included in the contract or of any
contract which the owner may enter into in connection with or ancillary to the works.

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5.24 Clearing site on completion :

On completion of the works the contractor shall clear away and remove from the site all
constructional plant, surplus materials, rubbish and temporary works of every k i n d and leave
the whole of the site and works clean and in a workman like condition to the satisfaction of the
Engineer.
6.00 Labour :
6.01 Wages and conditions of labour :
The contractor shall pay rates of wages and observe hours and conditions of labour favorable than
those established for the trade or industry in the district where the work is carried out by machinery
of negotiation or arbitration to which, the parties are organizations of employers and trade union’s
representatives respectively of substantial proportions of the employers and workers engaged in
the trade or industry in the district. In the absence of any rates of wages, hours or conditions of
labour so established, the contractor shall pay rates of wages and observe hours and conditions of
labour which are not less favorable than the general level of wages, hours and conditions
observed by other contractors whose general circumstance i n the trade or industry in which the
contractor is engaged are similar.
The contractor shall abide himself and fulfill all obligations enforceable under enforceable under
enforcement of contract l a b o u r (Regulation and abolition) Act 1970 and absolve the Company
entirely. In case the contractor has not fulfilled all the obligations under his law at the time of
tendering, his tender is not likely to be considered. Even after award of the contract at any stage if
it is observed that any of his obligations under the act are not fulfilled in addition to the action
being taken in accordance with the provisions of the act, the contract shall be canceled and
deemed as having abandoned by the contractor and action taken suitably in accordance with
terms of contract.
6.02 Contractor to certify his compliance with wages and conditions of labour :
The contractor shall in respect of all persons employed by him (whether in the execution of the
contract or otherwise ) in every factory/workshop or place used by him for the execution of the
contract, comply with provisions of Sub-Clause aforesaid and if required by the owner shall before
entering into the contract certify that to the best of his knowledge and belief he has complied with
the provisions of Sub-Clause 6.01 as aforesaid for the three months immediately preceding the
date of submission of the contractor’s tender.
6.03 Contractor to furnish return of labour employed
The contractor shall if required by the Engineer deliver to the Engineer or to his office a return in
such form and at such intervals as the Engineer may prescribe, showing in detail the numbers of the
several classes of labour from time to time employed by the contractor on the site and such
information regarding constructional plant as Engineer may require.
7.00 Work Materials and plant :
7.01 Materials, workmanship & tests :
All materials and workmanship shall be of the respective kinds described in the contract and in
accordance with the Engineer’s instruction as shall be subjected from time to time to such tests
and the Engineer may direct at the place of manufacture, or fabrication or on
the site or at all or any of such places. The contractor shall provide such assistance, instruments,
machines, labour and materials as are normally required for examining, measuring and testing
any work and the quality, weight or quantity of any material used and shall supply samples of
material before incorporation for testing as may be selected and required by the Engineer.
7.02 Contractor to supply samples :
The contractor shall carry out tests of materials or finished work as the Engineer in writing may
require and shall supply free of cost samples necessary for this purpose. Unless an item-rate is
provided in the schedule of Items for such tests, the cost incurred in this respect shall be
borne by the contractor.
7.03 Owner’s access to the works :
The owner, the Engineer and any person authorised by them shall at all times have access to the
works and to the site and to all workshops and places where work is being prepared or whence
materials manufactured articles and machinery are being obtained for the works and the contractor
shall afford every facility and every assistance in obtaining the right to such access.
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7.04 Examination of the works :

No work shall be covered up or put out of view without the approval of the Engineer and the
contractor shall afford full opportunity for the Engineer or his authorised representative to examine
and measure any work which is about to be covered up or put our of view and to examine
foundations before permanent work is placed thereon. The contractor shall give due notice to
the Engineer whenever any such work of foundation is or are ready or about to be ready for
examination and the Engineer shall without unreasonable delay unless he considers it
unnecessary and advises the contractor accordingly to attend to the purpose of examining and
measuring such work of examining such foundations. The contractor shall uncover any part or
parts of the works or make opening in or through the same as the Engineer may from time to
time direct and shall reinstate and make good such part or parts to the satisfaction of the
Engineer. If any such part or parts have been covered up or put out view after compliance with the
requirements of this Sub Clause and are found to be executed in accordance with the contract,
the expenses of uncovering, making openings, reinstating and making good the same shall be
borne by the owner, but in any other case all such expenses shall be borne by the contractor and
shall be recoverable from him by the owner or may be deducted by the owner, from any monies
due or which may become due to the contractor.
7.41 Removal of improper work and material :
The Engineer shall, during the progress of works, have power to order in writing from time to time :
a) The removal from the site of any materials which in the opinion of the Engineer are not in
accordance with the contract.
b) The substitution of proper and suitable materials and
c) The removal and proper re-execution (notwithstanding any previous test thereof or interim
payment therefor) to any work which in respect of materials or workmanship, is not in the
opinion of the Engineer in accordance with the contract. In case of default on the part of
the contractor in carrying out such order, the owner shall be entitled to employ and pay
other persons to carry out the same and all expenses consequent thereon or incidental
thereto shall be borne by the contractors and shall be recoverable from him by the owner or
may be deducted by the owner from any monies due or which may become due to the
contractor. 7 (Seven) days’ notice in writing shall be given to the contractor for removal
of work/material from site.
7.06 Suspension of work :
The contractor shall on the written order of the Engineer suspend the progress of the works or
any part thereof for such time or times and in such manner as the Engineer may consider
necessary and shall during such suspension properly protect and EECure the works so far as in
necessary in the opinion of the Engineer. The extra cost (if any) incurred by the contractor in giving
effect to the Engineer’s instructions under this Sub clause shall be borne and paid by the owner,
unless such suspension is :
a) Otherwise provided for in the contract, or
b) necessary for the proper execution of the works of by reasons of weather conditions or by
some default on the part of the contractor, or
c) necessary for the safety of the works or any part thereof
Provided that the contractor shall not be entitled to recover any such cost unless he gives
notice in writing of his intention to claim to the Engineer shall settle and determine the
extra payment to be made to the contractor in respect of such claim as the Engineer shall
consider fair and reasonable.
8.00 Commencement time and delays :
8.01 Commencement of work :
The contractor shall commence the works as p e r his programme of work approved by the
Engineer after the receipt of Letter of Intent or Order, whichever is earlier by him in writing to this
effect from the owner/Engineer and shall proceed with the same with due expedition and without
delay except as may be expressly sanctioned or ordered by the Engineer or by wholly beyond
the contractor’s control. The contractor shall not be given possession of any site for
commencement o f execution of the works unless and until he has deposited the initial EECurity
money in accordance with the provision of clause 14 of the conditions of tendering.
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8.02 Possession of site :

Save in so far as the contract may prescribe the extent or portions of the site of which the contractor
is to be given possession from time to time and the order in which such portions shall be made
available to him and subject to any requirement in the contract as to the order in which the
works shall be executed the owner will, with the Engineer’s written order to commence the
works, give to the contractors possession of so much of the site as may be required to enable the
contractor to commence and proceed with the construction of the work in accordance with the
programme referred to here ( if any ) and otherwise in accordance with such reasonable proposals
of the contractor as he shall make by notice in writing to the Engineer the owner will from time to
time as the work proceeds, give to the contractor possession of such further portions of the site as
m a y be required to enable the contractor to proceed with the construction of works with due
dispatch in accordance with the terms of this clause and Engineer shall grant a reasonable
extension of time for the completion of works.
8.03 Temporary way-leaves :
The contractor shall bear all expenses and charges for special or temporary way-leaves required
by him in connection with access to the site. The contractor shall also provide at his own cost any
additional accommodation outside the site required by him for the purposes of the works.
8.04 Completion time : 10 calendar Months
Subject to any requirement under the contract as to completion of any portion of the works
before completion of the whole of the works, the works shall be completed within the time stated
in the tenderer calculated from the date of Engineer’s written order to commence the works or
such extended time as may be allowed under the contract.
8.41 Extension of time :
If the contractor shall desire an extension of time limit for completion of the 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 the tender or
before expiration of 30 days from the date on which he was hindered as aforesaid or on which the
cause for asking for extension occurred, whichever is earlier, and the Executive Engineer, may, if in
his opinion there are reasonable grounds for granting an extension, recommend such extension as
he thinks necessary or proper. The decision of the Competent Authority of MSEDCL in this matter
shall be final.
Further notwithstanding anything stated above shall be referred to clause No. 8.07(a) on Page No.
21 of "Tender and Contract for Works" Booklet.
8.06 Night and Holiday Work :-
Subject to any provision to the contrary contained in the contract none of the permanent work
shall, save as hereinafter provided, be carried on during the night or on Sundays or other holidays
without the permission in writing of the Engineer, save when the work is unavoidable or
absolutely necessary for the saving of life or property or for the safety of the works in which case,
the contractor shall immediately advise the Engineer or Engineer’s representative. Provided always
that the provisions of this sub- clause shall not be applicable in the case of any work, which it is
customary to carry out by rotation or double shifts. The whole of the materials plant and labour to
be provided by the contractor in night and holiday work under this sub-clause and the mode,
manner and speed of execution and maintenance of the works are to be of a kind and conducted
in a manner approved by the Engineer. Should the rate of progress of the works or any part thereof
be at any time in the opinion of the Engineer is too slow to ensure the completion of the works
by the prescribed time or extended time for completion, the Engineer shall so notify the contractor in
writing and the contractor shall thereupon take such steps as the contractor may think necessary
and the Engineer may approve to expedite progress so as to complete the works by the
prescribed time or extended time for completion. If the works is not being carried on by day and
by night and the contractor shall require permission to work by night and on Sundays and
other holidays as well as by day, then if the Engineer shall grant such permission, the contractor
shall not be entitled to any such additional payment for so doing but if such permission shall be
refused and there shall be no equivalent practicable method of expediting the progress of the
work, the time for completion of the works shall be extended by the Engineer by such period as is
solely attributable to such refusal. All work at night shall be carried out without unreasonable
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noise or other disturbance. The contractor shall indemnify the owner from and against any
liability for damages on account of noise or other disturbance created while or in proceedings,
damages, costs, charges and expenses whatsoever in regard or in relation to such liability.
8.07 (a) Compensation for the delay :-
The time allowed for carrying out the work as entered in the tender shall be strictly observed by the
contractor and shall be reckoned from the date on which the order to commence work is given to the
contractor. The work shall throughout the stipulated period of the contract be proceeded with all due
diligence (time being deemed to be the essence of the contract) and the contractor shall pay as
compensation amount equal to half percent per week or such smaller amount on the value of work
that remains unfinished after schedule date of completion. (SUBJECT TO MAXIMUM 10% OF WORK
ORDER VALUE) as the Competent Authority of MSEDCL (whose decision in writing shall be final)
may decide.
8.07 (b) Action When Whole Of EECurity Deposit is Forfeited :-
In any case in which under clause or clauses of the contract the contractor shall have rendered
himself liable to pay compensation amounting to the whole of his EECurity deposit (whether paid in
one sum or deducted by installments) or in the case of abandonment of the work owing to serious
illness or death of the contractor or any other cause, the Executive Engineer, on behalf of the
M.S.E.D.C.L. shall have powers to adopt any of the following courses as he may deem best suited to
the interests of M.S.E.D.C.L.
(i) To rescind the contract (of which rescission notice in writing to the contractor under the hand of the
Executive engineer shall be conclusive evidence) and in that case the EECurity deposit of the
contractor shall stand forfeited and be absolutely at the disposal of the M.S.E.D.C.L.
(ii) To carry out the work or any part to the work departmental 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 completed and crediting him with the value of work done departmentally
in all respects in the same manner and at the same rates as if it had been carried out by the
contractor under the terms of his contract. The certificate of the Executive Engineer as to the costs
and other allied expenses so incurred and as to the value of the work so done departmentally shall
be final and conclusive against the contractor.
(iii) To order that the work of the contractor be measured up and to take such part thereof as shall be
unexecuted out of his hands, and to give it to another contractor to complete, in which case the
expenses incurred on advertisement for fixing a new contracting agency, additional supervisory
staff including the cost of work charged establishment and 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 Executive Engineer as to all the cost of the work and other expenses
incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as to
the value of the work so done shall be final and conclusive against the contractor.
In case the contract shall be rescinded and under clause (i) above, the contractor shall not be
entitled to recover or be paid any sum for any work and the amount payable to him in respect
thereof and he shall only be entitled to be paid the amount so certified. In the event of either of the
courses referred to in clauses (ii) or (iii) being adopted and the cost of the work executed
departmentally or through a new contractor and other allied expenses exceeding the value of such
work credited to the contractors, the amount of excess shall be deducted from any money due to
the contractor by M.S.E.D.C.L. under the contract or otherwise howsoever from his EECurity
deposit or the sale proceeds thereof provided, however, that the contractor shall have no claim
against M.S.E.D.C.L. even if the certified value of the work done departmentally or through a new
contractor exceeds the certified cost of such work and allied expenses provided always that
whichever of the three courses mentioned in clause (i), (ii) or (iii) is adopted by the Executive
Engineer, the contractor, shall have no claim to compensation for any loss by him by reason of his
having purchased, or procured materials, or entered into any engagements, or made any advances
on account of or with a view to the execution of the work or the performance of the contract.
8.07 (c) Notice For Unsatisfactory Progress:-
If the progress of any particular of the work is unsatisfactory, the Executive Engineer whose decision
shall be final shall notwithstanding that the general progress of the work is satisfactory be entitled to
take action under clause 8.07 (b) – (ii) after giving the contractor 10 days’ notice in writing and the
contractor will have no claim for compensation for any loss sustained by him owing to such action.
8.07 (d) Action In The Case Of Default By Contractor:-
In any case in which any of the powers conferred upon the Executive Engineer by clauses 8.07(b) &
8.07 (c) hereof shall have become exercisable and the same shall not have been exercised the no
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exercise thereof shall not constitute a waive of any of the conditions hereof and such powers shall
notwithstanding be exercisable in any future case of default by the contractor for which by any clause
or clauses hereof he is declared liable to pay compensation amounting to the whole of his EECurity
deposit and the liability of the contract for past and future compensation shall remain unaffected. In
the event of the Executive Engineer taking action under sub-clause (i) or (iii) of clause 8.07 (b), he
may, if he so desire, take possession of all or any tools, plant, materials, and stores, in or upon the
works or the site thereof or belonging to the contractor, or procured by him and intended to be used
far the contract rates or, in the case of contract rates no 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 be notice in writing to the contractor of his clerk of works, foreman or other
authorized agent require him to remove such tools, plant materials or stores from the premises within
a time to be specified in such notice, and in the contractor failing to comply with any such requisition,
the decision of the Executive Engineer as to the expenses of any such removal, and the amount of the
proceeds and expense of any such sale shall be final and conclusive against the contractor.
8.07 (e) NO CLAIM FOR COMPENSATION FOR DELAY IN STARTING WORK
No compensation shall be allowed for any delay caused in the starting of the work on account of any
acquisition of land and in the case of clearance of works, for any delay in according sanction to
estimates.
8.08 Completion Certificate:
As soon as in the opinion of the Engineer the works shall have been substantially completed and
shall have satisfactorily passed any final test that may be prescribed by the contract, the
Engineer shall on receiving a written undertaking by the contractor to finish any outstanding work
during the period of maintenance issue a certificate of completion and in respect, of the works of
the period of maintenance shall commence from the date of such certificate. Provided that the
Engineer may give such certificate with respect to any part of the works before the completion of
the whole of the works and shall give such certificate with respect to any substantial part of the
works which has been both completed to the satisfaction of the Engineer and occupied or used
by the owner and when any such certificate is given in respect of an part of the works, such part
shall be considered as completed and the period of maintenance shall be considered as
completed and the period of maintenance of such part shall commence from the date of such
certificate.
9.00 MAINTENANCE AND DEFECTS :
9.01 Period of Maintenance:
In those condition the expression “ Period of Maintenance “ shall mean the Period of Maintenance
mentioned in the Contract calculated from the date of completion of the Works certified by the
Engineer in accordance with the here mentioned Sub-Clause 8.08 or in the event of more than
one Certificate having been issued by the Engineer under the said sub-Clause from the respective
dates so certified and in relation to the Period of Maintenance, the expression “the Works” shall
be constructed accordingly.
9.02 Maintenance and repair:
To the extent that the works shall at as soon as practicable after expiry of the Period of
Maintenance be delivered upto the Owner in as good and perfect condition (fair wear and tear
expected) to the satisfaction of the Engineer as that in which they were at commence of the Period
of Maintenance. The contractor shall execute all such work of repair, amendment, reconstruction,
rectification and making good of defects, imperfections, shrinkages, or other faults as may be
required of the Contractor in writing by the Engineer during the Period of Maintenance or within
fourteen days after its expiration as a result or an inspection made by or on behalf of the Engineer
prior to its expiry. All such work shall be carried out by the Contractor at his own expense if the
necessity thereof shall in the opinion of the Engineer be due to the use of materials or
workmanship not in accordance with the Contract or to neglect, failure on the part of the
Contractor to comply with any obligation expressed or implied on the contractor’s part under the
Contract. If in the opinion of the owner shall be ascertained and paid for as if it were additional work.
The maintenance period is 6(Six) months from the date of handing over the entire
completed work to the Company.
If the contractor shall fail to do any such work as aforesaid required by the Engineer, the owner
shall be entitled to carry out such workmen or other contractor and if such work is executed which
the Contractor should have carried out at the Contractor’s own cost the owner shall be entitled to
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recover from the Contractor the cost thereof or may deduct the same from any more due or which
may become due to the contractor.
10.00 ALTERATIONS, ADDITIONS AND OMISSIONS:
10.01 Power to order variation:
The Engineer shall make any variation of the form, quality or quantity of the Works or any part
thereof that may in his opinion or necessary and for the purpose or if for any other reason it
shall in his opinion be desirable shall have power to order the Contractor to do and the
Contractor shall do any one of the following:
a) Increase or decrease the quantity of any work included in the contract. b)
Omit any such work.
c) Change the character or quality or kind of any such work.
d) Execute additional work of any kind necessary for the completion of the works and no such
variation shall in any way vitiate or invalidate the Contract but the value (if any) of all such
variations shall be taken into account in ascertaining the amount of the Contract Price and
time of completion.
10.02 Variation to be carried out on written order
No such variation shall be made by the Contractor without an order in writing of the Engineer. Provided
that no order in writing shall be required for increase or decrease in the quantity of any work where
such increase or decrease is not the result of an order given under this Clause but is the result of
the quantities exceeding or being less than those stated in the Schedule on Items. Provided also
that if for any reason the Engineer shall consider it desirable to give any such order verbally the
Contractor shall comply with such order any any confirmation Engineer whether before or after
the carrying out of the order shall be deemed to be an order in writing within the meaning of this
Clause. Provided further that if the Contractor shall confirm in writing to the Engineer any verbal
order of the Engineer and such confirmation shall not be contradicted in writing by the Engineer
within 14 days of receipt thereof it shall be deemed to be an order in writing by the Engineer.
10.02 (a) Variation in quantities of work :
The Company reserves the right to increase, the quantities of work to be executed or delete
any item in part of whole thereof. Quantities shown in the tender are approximate and no claim
shall be entertained for quantities of work executed being more or less than those entered in the
tender of estimate.
10.02 (b) : PRICE VARIATION CLAUSE--- NOT APPLICABLE TO THIS TENDER
10.03 Contractor to furnish receipts & vouchers :
The contractor shall furnish to the Engineer such receipts or other vouchers as may be
necessary to prove the amounts paid before ordering shall submit to the Engineer quotations for
the same for his approval.
10.04 Contractor to maintain and furnish list of all workmen employed on day work basis and
materials consumed :
In the respect of all work executed on a day work basis, the contractor shall during the
continuance of such work deliver each day to the Engineer an exact list in duplicate of the names,
occupations and time of all workmen employed on such works and a statement also in duplicate
showing the description and quantity of all materials and plant used thereon or therefore. One
copy of each list and statement will, if correct or when agreed be signed by the Engineer and
returned to the contractor. At the end of each month the contractor shall deliver to the Engineer a
priced statement of the labour material and plant (except as aforesaid) used and the contractor
shall not be entitled to any payment unless such list and statements have not been fully and
punctually rendered. provided always that if the Engineer shall considered that for any reason
the sending of such list or statement by the contractor in accordance with the foregoing provision
was impracticable, he shall nevertheless be entitled to authorise payment for such whether as day
work (on being authorise payment for such work) or at such value therefore as he shall consider
fair and reasonable.
12.00 PROPERTY IN MATERIALS AND PLANT
12.01 Owner’s property :
All the constructional plant, temporary works and materials provided by the contractor shall
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when brought on to the site immediately be deemed to become the property for the owner and
the contractor shall remove the same or any part thereof without the consent in writing of the
Engineer which shall not be unreasonably withheld. but the owner will permit the contractor to
use all such constructional plant, temporary works and materials in an for the completion of the
works until the happening of any such event which gives right to the owner to exclude the
contractor from the site and proceed with the completion of the works.
12.02 Removal of plant, temporary works and materials :
Upon the removal of any such constructional plant, temporary works or materials with consent
as aforesaid the same shall be deemed to revest in and become the property of the contractor
and upon completion of the works and any unused materials provided by
the contractor shall be deemed to revest in and become property of the contractor who shall
remove the same. If the contractor fails to remove any of the said constructional plant,
temporary works or unused materials within such reasonable time after the completion for the
works as may be allowed by the Engineer, then the owner may sell the same and shall after
deducting from the proceeds the costs, charges and expenses of and in connection with such
sale pay the balance (if any) to the contractor.
12.03 Owner not liable to loss or damage :
The owner shall not at any time be liable for the loss of or injury to any of the said constructional
plant, temporary works or materials save as mentioned above.
12.04 Engineer’s right to reject materials etc :
The operation of the last preceding sub-clauses of this clause shall not be deemed to imply any
approval by the Engineer of the materials or other matters referred to therein nor shall it prevent
the rejection of any such materials at any time by the Engineer.
12.00 MEASUREMENT :
12.01 Quantities are estimated only :
The quantities set out in the Schedule Items are the estimated quantities of the works by they are
not to taken as the actual and correct quantities of the works to be executed by the contractor in
fulfillment of his obligations under the contract. The quantities of the various items mentioned in
Schedule B are approximate and may vary up to any extent or be deleted altogether. The
quoted rates for all the items/sub-items shall remain firm during the stipulated contractual time limit
and free overrun period irrespective of the actual quantity of work done, whether in excess or in
defect and no claim for revision of rates on grounds of loss or profit or increased overheads or
whatsoever other grounds shall be entertained by the Company.
The Company shall make every effort to release construction sites and working drawings in
stages to suit the mutually drawn up programmed of constructional. The quoted rates shall remain
firm for the stipulated total constructional time limit. As defined and free overrun period of 6
months, beyond contractual time limit (save for the variations, if any under the price variation
clause) and no compensation for idle time or for whatsoever other reason, shall be payable by the
Company to the contractor for any default on the part of the Company, in terms of non supply of
working drawings and release of construction sites or for whatsoever other reasons during the
period. The contractor shall be expected to complete during the overrun period of six months all
unfinished works or new work within his scope of work, for which drawings are released to him and
working sites made available to him during stipulated period from the date of handling over the site.
All minor works and finished works which could not be completed earlier and for which design and
drawings are not required but clearance in other respects area available, shall also be
completed during the overrun period of six months, at the contracted rates.
In the case the work is continued beyond the overrun period of contract due to delay attribute to the
contractor, it shall be binding of the contractor to complete the work at the contractual rate.
Under no circumstance relaxation in the overrun period shall be considered.
12.02 Contractor to assist in measurement :
The contractor shall, except as otherwise stated, ascertain and determine by measurement the
value of work done in accordance with the contract. He shall when he requires any part or parts
of the works to be measured give notice to the contractor who shall forthwith attend or send a
qualified agent to assist the Engineer or the Engineer’s representative in making such
measurement and shall furnish all particulars required by either of them. Should the contractor
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not attend or neglect or fail to send such agent then the measurement made by the Engineer or
approved by him shall be taken to be corrected measurement of the works. Except where any
general or detailed description of the work in the Schedule of Items expressly shows to the
contrary, all measurements shall be made according to the procedure set forth by the Engineer.
13.00 CERTIFICATE AND PAYMENT :
13.01 Payments
R.A.bills shall be submitted by the contractor monthly to the Civil Sub Division on or
before the date fixed by the Executive Engineer (Civil), Civil Division, Pune for all the works
executed in the previous month. Payment of the R.A. bill shall normally be released b y Executive
Engineer (Civil), Civil Division, Pune as per availability of funds. The tenderer shall clearly note
that while every effort would be made by the Company to stick up to the above schedules of
payment, no claim for payment of interest/damage etc. for any delay in the payment shall be
considered or payable by the Company.
Any interim certificate given relating to work done or materials delivered may be modified or
corrected by any subsequent interim certificate or by the final certificate, provided the items of
work concerned are susceptible of measurements. No certificate of the Engineer- in-charge or
his authorized representative supporting an interim payment shall be itself be conclusive evidence
that any work or materials to which it relate is/are in accordance with the contract conditions.
Every possible effort to finalize the final bill at earliest from the date of completion of the work
in all respects as certified by the Executive Engineer-in-charge shall be made. It is desirable for
enabling early settlement of the final bill, that all materials accounting shall be submitted by the
contractor, all dues settled at pre-final bill stage itself and the areas allotted for his office, stores,
labour camps etc. are cleared and handed over to the Company.
However, the tenderer shall clearly note that while every effort shall be made by the
Company to stick up to the above schedule of payment, no claim for payment of interest/ damage
etc. for any delay in the payment shall be considered or payable by the Company.
.
13.02 Refund of Security Deposit :
The security Deposit amount will be refunded only after payment of final bill or after completion of
maintenance period whichever is later. However, the decision of the competent authority of
M.S.E.D.C.L. for refund of security Deposit will be final and binding on the contractor.
Not with standing anything stated above, the competent authority of the Company may at his sole
discretion release the security deposit at any stage after the satisfactory completion of the contract.
13.03 Engineer may withhold certificate of payment :
The Engineer may be by any certificate make any correction or modification in any previous certificate
which shall have been issued by him and shall have power to withhold any certificate if the
works or any part thereof are not being carried out to his satisfaction.
13.04 Certificates of payment shall not constitute approval of work
No certificate other than the maintenance certificate as referred to here shall be deemed to
constitute approval of any work or other matter in respect of which it is issued or shall be taken as
an admission of the due performance of the contract or any part thereof or of the accuracy of any
claim or demand made by the contractor or of additional or varied work having been ordered by
the Engineer nor shall any other certificate conclude or prejudice any of the powers of the
Engineer.
13.41 Taking over :
1. When all performance tests called for by the specifications have been successfully carried out on
completion of the work, the work shall be accepted and taken over when it has been
satisfactorily certified, or within one month of its being ready for issue of such certificate,
whichever shall be the earlier and the Engineer-in-charge shall forthwith issue a taking over
certificate.
2. If for any reason other than the default of the contractor such last mentioned tests on site shall
not be carried out within one month of the notice by the contractor to the Engineer-in-charge of
the work being ready for test, the same shall be deemed to have been taken over as on the
last day of such period and payments due to the contractor on taking over shall be made, but
the contractor, shall if called upon to do so by the Company, but at the Company’s expense,
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make the said test during the maintenance period.

3. The tenderer shall specifically note that the contract is deemed to be complete only after the
land and staff quarters allotted to the contractor by the Company are vacated by him and
returned to the Company in the same condition such land/staff quarters are handed over to him
by the Company.
4. The Engineer-in-charge shall not delay issue of any, taking over certificate contemplated by
this clause on account of minor defects or items to completed in the work which do not affect
the commercial use thereof provided that he contractor shall undertake to make good the same
within a specified time limit.
5. The Engineer shall be at liberty at any time to put into beneficial use the whole or part of the
work he may desire to use pending completion27 and taking over of the same. The decision
of the Engineer shall be final and binding on both the parties as to whether the items are minor
or important and if the Engineer certified that the items to be completed are important,
notwithstanding anyt hing contained in this contract, the taking over certificate shall not be
issued.
14.00 REMEDIES AND POWERS :
14.01 Owner’s power to take possession
If the contractor shall become bankrupt or have receiving order made against him or shall present
his petition in bankruptcy or shall make an arrangement with or assignment in favour or his
creditors or shall agree to carry out the contract under a committee of inspection of his creditors
or (being a corporation ) shall go into liquidation (other than a voluntary liquidation for the purposes
of amalgamation or reconstruction) or if the contractor shall assign the contract without the consent
in writing of the owner first obtained of shall have as execution levied on his goods or if the
Engineer shall certify in writing to the owner that in his opinion the contractor :
a) has abandoned the contract O r
b) without reasonable excuse has failed to commence the works or has suspended the
progress of the works for 14 days after receiving from the Engineer written notice to
proceed or
c) has failed to proceed with the works with due diligence or
d) has failed to remove materials from the site or to pull down and replace for 14 days after
receiving from the Engineer written notice that the said materials or work have been
condemned and rejected by the Engineer under these conditions or
e) is not executing the works in accordance with the contractor is persistently or
flagrantly neglecting to carry out his obligations under the contract or
f) has to the detriment of good workmanship or in defiance of the Engineer’s instructions to the
contrary, sublet any part of the contract.
then the owner may after giving 7 days notice in writing to the contractor enter upon the
site and works and expel the contractor therefrom without thereby avoiding the contract or
releasing the contractor from any of his obligations or liabilities under the contract or effecting
the rights and powers conferred on the owner or the Engineer by the contract and may himself
complete the works or may employ any other contractor to complete the works and the owner or
such other contractor may use for such completion so much of the constructional plant,
temporary works and materials or the site as he or they may think proper and the owner may
at any time sell any of the said constructional plant, temporary works and unused material and
apply the proceeds of sale in or towards the realization of any sums due or which may become
due to him from the contractor under the contract.
14.02 Engineer to assess value of work done at the time of taking possession :
The Engineer shall as soon as may be practicable after any such entry and expulsion by the
owner fix and determine ex-party of reference to the parties or after such investigation
or inquiries as he may think fit to make or institute and shall certify what amount (if any) had at
time of such entry and expulsion been reasonably earned by or would reasonably accrue to the
contractor in respect of work then actually done by him under the contract and what was the
value of any unused or partially used materials, any constructional plant and any temporary
work upon site.

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14.03 Owner not liable to pay until expiry of the period of maintenance :
If the owner shall enter and expel the contractor under this clause he shall not be liable to pay to the
contractor any money on account of the contract until the expiry of the period of maintenance and
thereafter until the costs of completion and of maintenance damages for delay in completion (if any)
and all other expenses incurred by the owner have been ascertained and the amount there of
certified by the Engineer. The contractor shall then be entitled to receive any such sums (if any)
as the Engineer may certify would have been to him upon due completion by him after deducting
the said amount. If such amount shall exceed the sum which would have been payable to the
contractor on due completion by him then the contractor shall upon demand pay to the owner the
amount of such excess and it shall be deemed a debt by the contractor to the owner and shall
be recoverable accordingly.
14.04 Urgent repair work :
If by reason of any accident or failure or other event occurring to or in connection with the works or
any part thereof either during the execution of works or during the period of maintenance any
remedial or other work or repair shall in the opinion of the Engineer be urgently necessary for
security and the contractor is unable or unwilling at once to do such work or repair, the owner
may buy his own or other workmen do such work or repair as the Engineer may consider
necessary. If the work or repair so done by the owner, which in the opinion of the Engineer the
contractor was liable to do at his own expense under the contract all cost and charges properly
incurred by the owner in so doing shall on demand be paid by the contractor to the owner or may
be deducted by the owner from any monies due or which may become due to the contractor.
Provided always that the Engineer shall as soon after the occurrence of any such emergency as
may be reasonably practicable notify the contractor thereof in writing .
15.0 ARBITRATION :
a) Subject to the exceptions stated in sub-clause (b) below, any disputes or difference relating to
any action taken or omitted by the contract shall be referred to arbitration according to the provisions
of the Arbitration Act 1941, as amended or replaced and in force from time to time. The venue of
Arbitration shall be in Pune.
b) The following matters shall not be included within the scope of the Arbitration Agreement as
contained in Sub Clause (a) above that is.
(i) All matters which are left by the contract to the determined by the Distribution Company or any
officer designated in the contract.
(ii) All matters which are extraneous to the contract.
(iii) All claims or counter claims which, if allowed may lead to variation or modification of the
contract or any provision thereof and
(iv) Claims for interest on the amounts of damages or other amounts claimed in the Arbitration and
accordingly no question or dispute or difference shall be raised concerning any of the above matters
or referred to arbitration or entertained by the Arbitrators or the Umpire.
c) The Arbitrator or Arbitrators or the Umpire, as the case may be shall give clear reasons in the
award for allowing or disallowing any claim or counter claim in the Arbitration.
d) The Arbitrator / Arbitrators or the Umpire as the case may be shall declare or publish the award
within six months from the date of entering upon the reference but shall have power with the consent
in writing of both the parties to extend the time for making the award from time to time provided
however, that they shall have no power to extend time for making the award after expiry of twelve
months from the date of entering upon the reference.
e) The procedure to the followed shall be agreed by the parties or in default of agreement,
determined by the Arbitrator/Arbitrators or Umpire as the case may be.
f) In the event of default by either party in respect of any procedural order made by the Arbitrator /
Arbitrators or the Umpire, as the case may be, he / they shall have power to proceed with the
Arbitration in the absence of the defaulting party and to deliver the award.
g) The fees of the Arbitrators / Umpires shall be borne and paid by the parties equally. The other
costs and expenses shall be borne and paid by the parties incurring the same or as may be agreed
between them.
h) Both the parties agree to submit themselves to the jurisdiction of the High Court of Judicature at
Pune or any other court of competent jurisdiction in Pune.
i) Subject to the provisions of the foregoing sub clauses, the Arbitration will be governed by the
provisions of the Arbitration Act 1941, as amended or replaced and in force from time to time.
All disputes shall be referred to the arbitrator as per Indian Arbitration Act as updated.
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15.2 OBLIGATION DURING PENDENCY OF ARBITRATION:

Work under the contract shall, unless otherwise directed by the Engineer, continue during the
arbitration proceedings, and no payment due or payable by the Company shall be withheld on
account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider
and decide whether or not such work should be continued during arbitration proceedings.
(i) In cases whether the total value of all claims in question added together does not exceed
Rs. 1,00, 00,000/- (Rupees : One Crore) the Arbitral Tribunal shall consist of a sole Arbitrator
who shall be either the C.E. of the Company or serving or retired officer of the Company /
Government not below this grade of C.E. or equivalent nominated by the Chairman of the
Company in that behalf. The Sole Arbitrator shall be appointed within 60 days from the day
when a written and valid demand for arbitration is received by the Company.
(ii) In cases the value of the claim exceeds Rs. 1,00,00,000/- (Rupees : One Crore) as above,
the Arbitral Tribunal shall consist of panel of 3 serving or retired officers of MSEDCL /
Govt. not below the grade of C.E. / C.A.O. as the Arbitrators. For this purpose, the
Company will send a panel of more than 3 names of arbitrators of one or more department
of the Company / Govt. to the contractor who will be asked to suggest to the Chairman at
least 2 names for appointment as contractor’s nominee. The chairman shall appoint at least
one of them as the contractor’s nominee and will also appoint the balance number of
arbitrators either from the panel or from outside
the panel duly, indicating the presiding arbitrator from amongst the three (3) arbitrators so
appointed. While nominating arbitrators, it will be necessary to ensure that one of them is or
has worked in Accounts department.
(iii) If one or more arbitrators appointed as above refuses to act as arbitrator, withdraws from his
office as arbitrator or vacates his/their office/offices or is/are unable or unwilling to perform
his/functions as arbitrator for any reason whatsoever or dies or in the opinion of the
Chairman fails to act without undue delay, the Chairman shall appoint new arbitrator’s to act
in his/their place in the same manner in which the earlier arbitrator/s had been appointed.
Such reconstituted Tribunal, may, as its discretion proceed with the reference from the stage
at which it was left by the previous arbitrators.
(iv) The Tribunal shall have powers to call for such evidence by way of affidavits or otherwise as
the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do or
cause to be done all such things as may be necessary to enable the Arbitral Tribunal to
make the award without any delay.
(v) While appointing arbitrator(s) as above, due care shall be taken that he/they is/are not the
one/those who had an opportunity ti deal with the matters to which the contract relates or who in
the course of his/their duties as Company’s servant(s) expressed views on all or any of the
matters under dispute or differences. The proceedings or the Arbitral Tribunal or the award
made by such Tribunal will, however, not be invalid merely for the reason that one or more
arbitrator had, in the course of his service, opportunity to deal with the matters to which the
contract relates or who in the course of his/their duties expressed views on all or any of the
matters under dispute.
(vi) Arbitral award shall state item wise, the sum and reasons upon which it is based.
(vii) A party may apply for corrections of any computational errors, any typographical or
clerical errors or any other error of similar nature occurring in the award and
interpretation of specific point of award to tribunal within 30 days of receipt of the award.
(viii) A party may apply to Tribunal within 30 days of receipt of award to make an additional award as
to claims presented in the arbitral proceedings, but omitted from the arbitral award.
(ix) In case of the Tribunal, comprising of three members any ruling or award shall be made by
a majority of Members of Tribunal. In the absence of such a majority, the views of the
Presiding Arbitrator shall prevail.
(x) Where the arbitral award is for payment of money, no interest shall be payable on whole or
any party of the money for any period till the date on which the award is made.
(xi) The cost of the arbitration shall be borne equally by the respective parties. The cost shall
inter-alia include fees of the arbitrators as per the rates fixed by the Company from time to
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time. Provided that the fees payable per arbitrator for claims up to Rs. One Crore, shall not
exceed Rs. 2000/- per sitting subject to a maximum of Rs.25,000/- and the fees payable
per arbitrator for claims over Rs. One Crore, shall not exceed Rs. 2000/- per sitting subject to
a maximum of Rs. 50,000/-. Provided further that the arbitrators who are in service of Govt. /
MSEDCL shall draw fees at half of the rate mentioned above.
(xii) Company shall maintain a list of arbitrators. The Chairman shall have full powers to delete or
add the name of the arbitrators in the list or to make amendments to the said list as per his
discretion.
(xiii) The arbitral proceedings should be completed and the award be finalised within one year
from the date of appointment of arbitrators.
(xiv) Subject to the provisions as aforesaid, Arbitration & Conciliation Act, 1996 and the rules
thereunder, and any statutory notification thereof shall apply to the arbitration proceedings
under this clause.

In case the contractor fails within the ambit of small scale & ancillary industrial undertakings
act 1993, following clauses regarding payment shall be incorporated.
16.0 DEDUCTION OF INCOME TAX
In accordance with the provision of section 194 (c) of the Finance Act 1972, deductions of
Income tax at source as per prevailing rates of the gross, amount payable shall be made from the
contractor’s bills unless he produces necessary exemption certificate from appropriate authorities
of Income Tax Department.
17.0 COMPENSATION BY THE COMPANY/FREE OVERRUN PERIOD
The contractor shall on receipt of the letter of intent/W.O. whichever is earlier, draw up in
consultation with the Engineer-in-charge a work completion programme to complete the works
within the stipulated time limit and submit it to the S.E. (Civil)/Engineer-in-charge of the works. The
programme shall be reviewed after every month by the S.E. (Civil) and the contractor and modified
if necessary taking into account the site condition and progress achieved upon that stage. The
Company shall make every effort to release the construction sites and working drawings in
stages to suit the mutually drawn up programme of construction.
The contractor’s offer shall remain firm during the stipulated total contractual time limit with
extra six months as overrun period beyond the contractual time limit. The contractor shall be
expected to complete during this free overrun period of 6 months, works which could not be
completed/taken up during the contractual time limit for reasons not attributable to the contractor,
including such of the works for which the working drawings and working sites are made available
to him by the Company after completion of contractual time limit all at the contracted rates.
No compensation for idle time, labour, demobilization, remobilization or for whatsoever
other reasons shall be payable by the Company to the contractor for any default on the part of
the Company, in terms of non-supply of working drawings and release of construction sites or for
whatsoever other reasons during the period of contractual time limit and free overrun period of 6
months.
Notwithstanding anything stated above, the tenderer shall clearly note that, the contractor
shall be held fully responsible for any delay in the completion of the work due to any default on his
part and penalties stipulated in Cl, No. 8.07 (a) of EECtion- IV would become applicable Contractor
in such an event, shall have to complete the balance works at his quoted offer only in addition to
payment of stipulated penalties.
18.0 REDUCTIONS FROM CONTRACT PRICE
The amount due to damages, expenses or other sums which under this or any other contract is
payable by the contractor to the Company, may be deducted by the Company from any money
due, becoming due, by the Company to the contractor, under this or any other contract with the
Company, without prejudice to the Company’s rights to recover the same by ordinary process of
law.
19.0 CERTIFICATE NOT TO AFFECT RIGHTS OF THE COMPANY OR CONTRACTOR’S
OBLIGATIONS
No certificate of the Engineer-in-charge nor any sum paid on account by the Company nor any
extension of time for the work shall affect or prejudice the contractor’s obligations for the due
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performance of the contract or be interpreted as approval of the work done or of the materials
supplied and no certificate shall create liability in the Company to pay for alterations, amendments,
variations or additional work not ordered in writing by the Engineer-in-charge or discharge the
liability of the contractor for the payment of damages whether due, ascertained or certified or any
sum against the payment of which he is bound to indemnify the Company/any sum paid on
account or otherwise affect or prejudice the obligation of the contractor to the Company.
20.0 NON-EXERCISE OF RIGHTS AND CONTRACTOR’S LIABILITY
In any case in which any of the powers and rights conferred upon the Company shall have
become exercisable and the same shall not have been exercised, the non-exercise thereof shall
not constitute a waiver of any of the conditions thereof and such powers shall, notwithstanding,
be exercisable, in case the default by the contractor for which under any clause or clauses
thereof he is declared liable to pay compensation and the liability of the contractor for past and
future compensation shall remain unaffected.
21.0 The contractor shall furnish to the Engineer-in-charge, from time to time, during the progress of the
work, as requested, verified statements showing the contractor’s total out-standing indebtedness
in connection with the work covered by the contract. Before final payment is made, the Engineer-
in-charge may require the contractor to furnish the satisfactory proof that there are no
outstanding debts or liens in connection with the contract. If during the progress of the work, the
contractor shall allow any indebtedness to accrue to his approved sub- contractor or others and
shall fail to pay or discharge same within a week’s time after demand then the Engineer-in-charge
may withhold any money due to the contractor until such indebtedness is paid or apply same
towards the discharge thereof.
22.0 CONTRACTOR’S QUOTED RATES
The Percentage quoted by the tenderer i.e. the rate indicated in Memorandum of works duly above
/ below/ at par, as the case may be, shall include cost of all materials, labour, plant, equipment,
temporary works, tools, setting out, supervision, transport, taxes duties, octroi all tolls, local taxes,
royalties, excise duty, transaction, insurance and everything necessary for due per execution of
work under this contract.
23.0 CONTRACTOR TO BE RESPONSIBLE FOR SAFETY OF WORKS
The work whether fully completed or incomplete, all the materials, machinery, plants, tools,
temporary buildings and other things connected therewith shall remain at the risk and in the sole
charge of the contractor until, the completed work has been delivered to the Engineer-in-charge
and till the completion certificate has been obtained from the Engineer- in-charge. Until such
delivery of the completed work, the contractor shall at his own cost take all precautions
reasonably necessary to keep all the aforesaid works. materials, machinery, plants, temporary
buildings and other things connected therewith free from any loss of damage and in the event of
the same or any part thereof being lost or damaged, the contractor shall forthwith reinstate and
make good such loss or damage at his own cost.

24.0 COMPANY’S PRIORITY FOR COMPLETION OF WORKS

It may be clearly understood by the tenderer that the contractor shall be bound to complete and
handover to the Company and work including connected works under the scope of the contract
that may be required by the Company earlier than the periods indicated in the said programme
without any extra expenditure to the Company.
Any revised priority works as required by the Company shall be carried out by the contractor
without affecting the overall completion period specified in the tender documents.
25.0 COMPANY’S RIGHT
Company reserves the right to withdraw any works from the scope of contract if found necessary.
26.00 MISCELLANEOUS :
26.01 Endorsement of Terms
The failure of either party to endorse at time any of the provision of the contract or any rights in
respect thereto or in exercise an option herein provided shall in no ways be constructed to be
a waiver of such provisions, rights or option or in any way to affect the validity of the contract.
The exercise by e i t h e r party of any of its rights herein shall not preclude or prejudice either
party from exercising the same or any other right it may have.
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26.02 Correspondence :
After the Tender has been accepted by the owner, the orders or instructions to the contractor shall,
except as herein otherwise provided, be given by the Engineer in writing on behalf of the owner.
Procedure of correspondence on various matters between the owner and the contractor will be
communicated to the contractor after acceptance of the tender.
27.0 LAWS AND REGUALTIONS
27.1 The Company shall throughout the continuance of the contract and in respect of all matters arising
in the performance thereof, serve all notices and obtain consents, way leaves, approval and
permission required in connection with the regulations and bye laws of the local or other authority
which shall be applicable to the works. All works shall be executed by the contractor in
accordance with the laws in force in India relating to the work and rules and regulations there
under and any statutory modifications thereof wherever they are applicable, unless otherwise
agree to in writing by the Engineer -in-charge.
The contractor shall abide himself and fulfill all obligations enforceable under enforcement of
contract labour (Regulation and Abolition) Act 1978 and absolve the Company entirely. In case the
contractor has not fulfilled all the obligations under this contract at the time of tendering his
tender is not likely to be considered. Even after award of the contract at any stage if it is observed
that any of his obligations under the act are not fulfilled., in addition to the action being taken in
accordance with the provisions of the act, the contract may be cancelled and deemed as having
been abandoned by the contractor and should be taken suitably in accordance with the terms of
the contract.
The Company does not bind itself to accept the lowest or any bid and reserves the right to
reject any bid or a portion thereof without assigning any reasons therefor or to split the contract
either at the initial contract award stage or during the progress of work due to unsatisfactory
work, of any one contractor. The Company will not entertain any claim from the contractor as a
result of such action on part of Company.
The contractor shall abide by all rules, regulations, Acts etc. regarding the labour employed by
him either directly or through sub- contractor. In case of non- compliance of any rules and
regulations by the contractors which compel the Govt. on account of Company being principal
employer, the amount so demanded by the Govt. authorities shall be recovered from the
contractor’s bills and no dispute and litigation on this account shall be entertained by the Company.
The contractor in such case shall take up the matter with Govt. authorities and settle the disputes
without involving the Company.
28.0 Disputes
Any disputes or differences arising under, out of or in connection with this tender or contract if
not concluded shall be subject to exclusive jurisdiction of courts in Pune city of Maharashtra State.
The Indian Laws shall govern the contract.

Executive Engineer (Civil)

Civil Division, Pune

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TENDER & CONTRACT FOR WORKS (APPLICABLE

FOR WORKS CONTRACT)
SPECIAL CONDITION DEEMED TO HAVE B E E N S P E C I F I C A L L Y BROUGHT
TO THE NOTICE OF THE CO NTRAC TO R .
Notwithstanding anything contained to the contrary in the specifications or tenders in subsequent exchange of
correspondence, these General Conditions of Contract shall prevail and shall be binding on the Contractor and any
change of variation expressed or implied however made in the said General Conditions shall not be valid or operative
unless expressly sanctioned by the Company. The Contractor shall be deemed to have fully informed himself and to
have special knowledge of the provision of the General Condition of Contract herein.
GENERAL RULES & DIRECTIONS FOR THE GUIDANCE OF CONTRACTOR
1. All work proposed to be executed by contract shall be notified in one of the English and one of the Vernacular local daily
newspapers, stating the work to be carried out as well as the date for submitting and opening tenders and time
allotted for carrying out the work, also the amount of earnest money to be deposited with the tender and the security
Deposit to be deposited by the successful tenderer and the percentage, if any, to be deducted from bills.
2. Where the works are proposed to be executed according to the specifications recommended by a contractor and
approved by competent authority on behalf of the Maharashtra State Electricity Distribution Co. Ltd. such
specifications with designs and drawings shall form part of the accepted tender.
3. The tenders and receipts for payments made on account of any work when executed by a firm should be signed by
all the partners, except where the contractors are described in their tender as a firm, in which case the receipt shall
be signed in the name of firm by one of the partners or some other person, having authority to do so.
4. Any person who submits tender at percentage rate shall fill up the usual form stating at what percentage above or
below the rate specified he is willing to undertake the work. Only one rate or such percentage on all the estimated
rates or scheduled rate shall be named.
5. Tenders which proposes any alteration in the work specified in the form of invitation to tender or in the time allowed
for carrying out the work, or which contain any other conditions of any sort, will be liable to rejection.
6. No single tender shall include more that one work, but contractors who wish to tender for two or more works, shall
submit a separate tender for each work. Tenders shall have the name and the number of work to which they refer
written outside the envelope.
7. The Executive Engineer or his duly authorized Assistant will open tenders in the presence of any intending contractors
who may be present at the time and will enter the amounts of the several tenders in a comparative statement in a
suitable form in the event of a tender being accepted the contractors shall there upon for the purpose of
identifications, sign copies of the specifications and other documents. In the event of tender being rejected, the Officer
(Executive Engineer) shall authorize the paying Officer concerned to refund the amount of the earnest money
deposited to the contractor making the tender on his giving a receipt for the return of the money.
8. The officer, competent to dispose of the tenders shall have the right of rejecting all or any of the tenders, without
assigning any reasons thereof.
9. No receipt for any payment alleged to have been made by a contractor in regard to any matter relating to the tender
or the contractor shall be valid and binding on the Company unless it is signed by Engineer in charge or his duly
authorized assistant.
10. All work shall be measured not by standard measure but according to rules and custom and usual method in use in
the Maharashtra State Electricity Distribution Co. Ltd., and no proposals to adopt alternative method will be accepted.
The Executive Engineer’s decision as to what is “the usual method in use in the Maharashtra State Electricity
Distribution Co. Ltd.’s shall be final.
12. All corrections and additions or pasted slips should be initialed.
12. Tenderer shall be deemed to have full knowledge of all relevant documents, site conditions etc. whether inspected or
not by him.
13. Submissions of a tender by a tenderer implies that he has read the above instructions and conditions of contract and
has made himself aware of the scope and specifications of the work to be done and of the conditions and rates at
which stores etc. will be issued to him and local conditions and other factors bearing the execution of the work.
14. Under no circumstances shall any contractor be entitled to claim enhanced rates for any items of contract without
prior sanction of the competent authority.
15. These Rules and Directions shall form part of the Contract.

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SCHEDULE "A"
Schedule showing [approximately] the material to be supplied form the Company Stores for work
contracted and rates at which they are to be charged for.

Particulars Rate at which the material Place of Delivery

will be charged to the
contractor
Unit Rs. Ps.

--------------------------------- NIL --------------------------------

Note 1: The person or firm submitting the tender should see that the rates in the above
schedule are filled up by the Executive Engineer-in-charge on the issue of form prior to the
submission of the tender.

Note 2: Stores to be supplied to contractor for a work of cost should be mentioned in

Schedule "A" in addition to Schedule "B" and the specifications attached to the contract agreement forms.

(Signature of Contractor) (Signature of Executive Engineer)

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SCHEDULE "B"

Memorandum showing items of works to be carried out.

Item Quantities Item of work Tender Rates Unit Total Amount

estimated but according to
No. May be more or In Figures In Words Estimated
less quantities.
Rs. Ps.

Note 1: All the columns in the schedule be filled in ink and the total of the entries in the last column should be struck
by the contractor or under his signature.
Note 2: Rates quoted include Clearance of site (prior to commencement of work and at its close) in all respects and
hold good for work under all conditions site, moisture, weather, etc.

(Signature of Contractor) (Signature of Executive Engineer)

Note: To be continued on additional sheets if found necessary.

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SCHEDULE - "C"

Schedule showing the procedure to be followed while furnishing fixed Deposit/Bank guarantee Receipts towards payment of
security Deposit.
(1)Fixed Deposit/Bank guarantee:-
(a) FDR / Bank Guarantee in favour of “Executive Engineer (C), MSEDCL, Civil Division, Pune.”
(b) The Fixed Deposit Receipts/BG form any Nationalized Bank or of any Schedule Bank will only be accepted.
(c)The Fixed Deposit Receipts/ BG should be minimum for 1 year at least.
(d) The Company will renew the fixed Deposit Receipts/BG for a further period of one year with the Bank at prevailing
rate of interest without consulting the party unless otherwise advise by the contractor in time.
(e ) Security deposit of amount 5 % of the contract value to be paid by agency at once. Part payment of
security deposit is not allowed.

Important :
(1) All Fixed Deposit Receipts received to date and not fulfilling the above conditions will be returned to
the contractor by the Company.

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SECTION.V
SUPPLEMENTARY CONDITIONS OF CONTRACT
1.0 GENERAL :
These supplementary conditions of contract supplement the instructions to tenderers and the General
conditions of contract as stated in section I V and shall be considered as part of the contract document.
2.0 SCOPE OF WORK:
The scope of the work under this specification shall also be deemed to cover such of the related works as
required for completion of the work, the description of the items of which are included under Schedule ‘B’
though not specifically included in the above list.
It shall also be noted that the Company reserves the right to include or delete from the scope of
work any structures/items of work, that the Company may desire at its sole discretion and get it done
either under this contract or through any other agency, without assigning any reason thereof, and in case
of such deletion of any work stated above from this contract no compensation whatsoever shall be
payable to the contractor by the Company.
It is the intent of this tender that the quoted rates shall include all materials, equipment, fixtures,
labour, constructions plant, temporary works and everything whether of permanent or of a temporary nature
necessary for the completion of the job in all respects except for such of the items specifically stated to
be furnished by the Company.
3.0 The Company will furnish within the plant site area the following services under the conditions
described below:
i) One center line parallel to the construction North and one center line perpendicular to
North and one bench mark, fixed free of cost.
ii) Water and Electric Power Supply in accordance with the conditions of contract. iii) Cement (As
indicated in Schedule `A' of the Tender Specification).
4.0 Time is the essence of this contract. The work listed in Schedule ‘B’ and covered under the scope or
work shall be completed in all respects within the time Schedule given under section I - Tender Notice. The
time limit will be reckoned from the date of handing over the site to the Contractor.
5.0 SECURITY DEPOSIT :
The successful tenderer shall pay the prescribed security Deposit within 10 days of acceptance of his
tender and issue of letter of intent. The contractor will have to pay security Deposit, amounting to 5 % of
the value of the contract in the form of FDR / Bank Guarantee or equivalent Govt. securities in favour of
“Executive Engineer (C), MSEDCL, Civil Division, Pune.”
The security deposit will be refunded as per company’s rules and regulations.
No interest will be payable by the Company to the contractor on the security deposit, whether in cash
or otherwise.
6.0 LOCATIONS OF WORK :
The site of work is situated at Prakashbhavan Administrative Building, Pune.
7.0 WATER SUPPLY
7.1 The Company will supply water for construction purpose to the contractor at any one point only, as
decided by the Executive Engineer-in-charge near the site of work and at one point near the contractor’s
labour colony (provided however that the contractor is permitted to locate and has actually located his
labour colony inside Company’s power station area. No water supply for labour colony situated outside
power station area would be made by the Company) for domestic purposes, both at ground level. The
contractor will be required to make his own arrangements for taking the water wherever required to suit his
requirements by constructing storage tanks of requisite capacity at ground level, installing pumps and
arranging to take the water to construction site by laying pipe lines or by tankers or by other means, all at
contractor’s own cost. The contractor shall take all precautions to prevent wastage and/or issue of water.
In case the contractor resorts to in the opinion of the Executive Engineer-in-charge unwarranted
wastage /and/or misuse of water supplied by the Company, the Ex. Engr. in-charge may disconnect the
water supply and the contractor would be in that event required make at his own cost his own
arrangements for supply of water and in such an event to reduction in the stipulated flat rate for supply of
water would be made.
7.2 The Company shall charge a flat rate of 0.25 % (Quarter of one percent) of the gross value of works done under
the contract for the supply of water and the recoveries would be effected, irrespective of the quantum of water
supplied, from the running account bills at the rate of
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0.25% of the gross value of each R.A. bill including the value of all extra items, claims etc. (but excluding price
variation) and before deduction of conditional rebates etc. but after application of unconditional rebates if any.
Balance recoveries if any would be made from the final bill.
Contractor due to shortage or break down in supply of water due to any reasons. The contractor in
such cases shall be responsible to make his own arrangements. No claim for compensation for ideal
t i m e etc. will be entertained for the non- supply or shortage of water, neither will any claim for reduction
in flat rate chargeable as above would be entertained by the Company.
7.3 If such break down occurs in the water supply by the Company, and if, thereby the progress of work is
hampered, it will be the duty of the contractor to increase the progress of work after restoration of the
water supply.
7.4 In case the contractor does not avail the facility for water supply offered under the above clause and makes
at his own cost his own arrangements for supply of water, no reduction for the supply of water would be
made from the contractor’s bills. In such case the contractor will have to inform the Executive Engineer-in-
charge in writing before the commencement of the work that he is making his own arrangements for
water supply for all his needs including construction and domestic purpose.
9.0 ELECTRICAL ENERGY :
9.1 Electric power will be made available to the contractor for lighting and power at 2 different points, one for
the works proper and one at contractor’s labour colony (Provided however that the contractor is permitted
to locate and has actually located his labour colony inside Company’s power station area). No electric
supply for labour colony or for any other purpose outside power station area would be made by the
Company under this clause and the normal rules and regulations and rates would be applicable for such
supply. Such energy for power shall be supplied to the contractor at 230 V/441 V. The contractor shall
have to carry out at his own cost, all further connections, as per electricity rules and regulations.
Additional temporary points if deemed necessary in the interest of the work by the Supdt. Engr.
(Civil)/E.E Civil may be given but solely at his discretion. However, no claim for any compensation, for
non provision of such additional temporary points would be payable by the Company to the contractor.
9.2 The Company shall charge a flat rate of 0.125% (One eighth of one percent) of the gross value of work
done under the contract for the supply of electrical energy and the recovery would be effected, irrespective
of the quantum of electrical energy supplied from the running account bills at the rate of 1/8% of the gross
value of each R.A. bill including the value of extra i t e m s , c l a i m s ( but e x c l u d i n g price variation)
etc. and before deduction of conditionals rebates etc. but after application of unconditional rebates if
any. Balance recoveries if any would be made from the final bill.
9.3 The Company shall not be responsible for any inconvenience caused due to any failure of lighting and
power supply and no compensation for ideal time, delay in works etc. can be claimed by the contractor
due to such non supply, neither will any claim for reduction in flat rate will be entertained by the Company.
9.4 If such break down occurs in the supply of electrical energy by the Company and if, thereby the
progress of work is hampered, it will be the duty of the contractor to increase the progress of work after
restoration of electric supply, so that the overall monthly progress of the work is not affected.
9.5 In case the contractor does not avail the facility for supply of electrical energy offered under the above clause and
makes at his own cost his own arrangements for his needs of electrical energy or resorts to making use of other
forms of energy, no reduction for the
supply of electrical energy would be made from the contractors’ bills. In such case the contractor will have to inform
the Ex. Engineer-in -charge in writing before the commencement of the work.
9.6 The complete installation which the contractor has to undertake for his power supply should conform to the Indian
Electricity Rules, 1966 and the Indian Electricity Act, 1910, with latest amendments and the specifications and
standards laid down therein and as approved by the Engineer-in-charge.
10.0 TOOLS PLANT AND MACHINERY :
10.1 In respect of procurement of plant and machinery /it will be for the contractor to apply to concerned
authorities for necessary permit etc. under intimation to the Company. It will be for Maharashtra State
Electricity Company, only to recommend release of the permits etc. in favour of the contractor. However,
effectiveness of such recommendations will be in accordance with the prevailing rules and contractor’s
responsibility in respect of non-receipt of machineries etc. even in spite of Company’s recommendation
shall have to be borne by him.
10.2 All constructional tools, plant and machinery such pneumatic drills, air compressor, concrete breakers,
pumps, concrete mixers, hoists, dumpers, weigh batchers, vibrators and all other required machineries
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etc. shall be provided by the contractor for construction works.

10.3 The contractor shall state in schedule ‘C’ the details of plant and machinery already held by him and likely
to earmarked for this work including their rating and original costs etc.
10.4 Such items of plant and machinery as are available with the Company may be made available at the
discretion of the Engineer-in-charge to the contractor on payment of hire charges which will be
recoverable every month from the contractor’s bills and shall be charged for the entire period, including
idle days till return of the plant or machinery in working order after use. No claim or compensation will be
entertained by the Company for the delay caused to the works by the non- working of any machineries
tools and plants given to the contractors by the Company. The contractor shall employ skilled mechanics
for operating the equipment and return after use in the same running condition as it was when handed
over to him. Any damage done to the equipment shall be made good by the contractor except normal wear
and tear and the decision as to whether such wear and tear is normal or otherwise shall rest entirely
with the Company. The hire charges shall be as fixed by the Executive Engineer (Civil-in-charge) from
time.
13.0 LABOUR CAMPS, HOUSING ACCOMMODATION ETC.
13.1 The responsibility for providing any accommodation feeding and sanitary necessities for the labour
employed by the contractor shall be that of the contractor exclusively and such facilities shall be provided
outside the power station area. The Company may provide the contractor with a space for building a
temporary site office, store shed and material storage yard at a nominal rent of Rs. 10/- for the duration of
the contract period including authorized extension. The contractor shall not use this space for housing
any labour or supervisory staff of the contract and within on month of the completion of the contract, the
contractor shall remove and hand over to the Company, the space made available in a clean and tidy
condition.
13.2 The contractor shall not put up any unauthorized hutments, canteen or tea shops inside Company’s
power station area. These, if any, shall be provided only with the knowledge and prior approval of the
Supdtg. Engr. (C) / Executive Engineer (C) in writing.
13.3 It shall be very clearly understood that the land for putting up structures for housing contractor’s labour
and his supervisory staff may be provided by the Supdtg. Engr. (C) / Executive Engineer (C) of the work
solely at his discretion (and at nominal rent of Rs. 100/- as above/ only if the same is available and could
be spared for the purpose. No structures for housing as above shall be put up by the contractor within
power station area without the specific prior approval of the Supdtg. Engr. (C) / Executive Engineer (C).
No claims for any compensation shall be payable by the Company to the contractor, if land as above for
housing of contractor’s labour and supervisory staff, is not provided by the Company.
13.4 The contractor shall provide adequate supply of water for the use of laborers. The provision shall not be less
than 10 liters of pure and whole some water per head per day for drinking purposes and 20 liters of clean
water per head per day for bath and other purposes.
13.5 The contractor will also have to provide for sufficient latrines for the use of his workmen, male and female,
to keep the same clean and disinfected at all times during the period of contract and to remove the same
and disinfect the ground and make good all damages on the completion of the work. In regard to
accommodation for his workmen, latrines etc. he should comply with the local regulations. The contractor
shall, where land is spared by the Company, after completing of work, remove all the huts and hand over
the piece of land back to the Company duly cleaned of all debris and disinfected.
13.6 The contractor shall make all preventive arrangement against outbreak of epidemic and no compensation
in the event of occurrence of epidemic shall be payable by the Company.
13.7 While every effort will be made to allot different area of land to the contractor for his office, stores, labour
camp, materials stacking yard etc. without requiring him to shift during the tenure of the contract, if it
becomes absolutely necessary for him to shift his office, stores or labour camps or materials stacking yard
for genuine reasons, and when so directed by the Engineer-in- charge, the contractor will have to shift the
same without any compensation for the same from the Company.
13.8 The tender shall specifically note that the allotment of different areas of land to the contractor for his office,
stores, labour camps, material stacking yard, bar bending yard etc. shall be decided upon by the Supdtg.
Engr. (C) / Executive Engineer (C) and their opinion regarding the size and area of land as also the locations
would be final and binding upon the contractor, No claim from the contractor as to the locations of land
allotted to him is further off than what he had assumed in his tender would be admissible or entertained
by the Company. Neither any claim for compensation for non provision of land as above, would be
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admissible or entertained by the Company.

14.0 CO-OPERATION WITH OTHER CONTRACTORS / AGENCIES:
14.1 Apart from the work under this contract, other works will be simultaneously going on either
departmentally or through other agencies at the work site. Each contractor or Agency shall co-operate with
the others to the fullest extent and shall allow to each other, every facility and co-operation for execution
of their works simultaneously and satisfactorily during the erection of the machinery or execution of any
other related works. The contractor will have to work only at places as directed by the Engineer-in-
charge. The contractor may somet ime have to suspend his work partially or totally in the interest of the
whole project. In such cases and at such times, he will be informed from time to time and directed by the
Engineer-in- charge when to work. he may also be required to dismantle/ shift his construction plant and
equipment so as to cause minimum obstruction and inconvenience for erection of machinery and/or any
other construction operations. In such cases he shall not be given any compensation on account of
reduction or stoppage of labour force or dismantling/shifting of his construction plant and equipment
etc. It shall however, be seen by the Engineer-in-charge that the contractor is not put to unnecessary
inconvenience.
15.0 WORKING HOURS:
15.1 The hours of work for the labour employed by the contractor shall conform to the hours of working fixed by
the Company.
15.2 If the Engineer-in-charge gives permission for night work, such night work shall not entitle the contractor to any
increase in rates.
15.3 Where night work is in progress, any excavated area shall be barricaded and shall be provided with red lights
and all other works areas shall be well lighted to prevent accidental falls etc.
15.4 Work shall normally be done in single shift per day. However, the Engineer-in-charge reserves the right to
order over time/double shift/triple shift working if required by project requirements and the contractor shall
not be paid anything extra over contract rates for such over time/double shift/triple shift working. The
Engineer-in-charge if he orders such additional shifts will arrange his Engineers for the usual supervision
(besides normal contractor’s supervision).
16.0 CONTRACTOR’S SUPERVISION :
16.1 The contractor shall, during the whole time the work is in progress, employ a qualified Engineer to be
in-charge for the works with adequate experience in handling of jobs of this nature and with the prior
approval of the Supdt. Engr.(C)/Executive Engineer (C). Such Engineer shall be constantly in attendance at
the site during working hours. During contractor’s resident Engineer’s absence during working hours, if
unavoidable, and also beyond working hours, when it may be necessary to give directions, order may be
given by the E.E. (C)/S.E. (C)/ Dy. E.E. (C) and shall be received and obeyed by the contractor’s
Superintendent or Foreman who may have charge of the particular part of the work in reference to
which orders are given. If requested to do so, the E.E.(C)/S.E.(C)/Dy.E.E.(C) shall confirm such orders in
writing. Any directions, instructions or notices given by the E.E.(C)/S.E.(C)/ Addl.E.E.(C) to him shall be
deemed to have been given to the contractor. The representative of the contractor from the Board’s stores.
issue valid receipts for the same, engage labour or purchase materials and proceed with the work as
required for speedy execution.
16.2 None of the contractor’s supervising Engrs., supervisors or labour should be withdrawn from the work
without due notice being given to the E.E.(C)/S.E.(C)/Addl.E.E.(C) further no such withdrawals shall be
made if in the opinion of E.E. (C)/S.E.(C)/Addl.E.E.(C) such withdrawals will jeopardize the required
pace of progress successful completion of the work.
16.3 The contractor shall employ in or about execution of the work only such persons as are careful, skilled
and experienced in their respective trades, and the E.E./(C)/S.E.(C)/ Addl.E.E.(C) shall be at liberty to
object to and require the contractor to remove any person employed by the contractor in or about execution
of works who in the opinion of the E.E.(C)/ S.E.(C)/Addl.E.E.(C) misconducts himself or is incompetent or
negligent in the proper performance of his duties and all such persons shall not again be employed is
upon the works witho ut the prior permission of the E.E.(C)/S.E.(C)/Addl.E.E.(C).
17.0 EECURITY REGULATIONS:
17.1 The contractor shall strictly comply with the security Regulations enforce at the power station.
17.2 If so directed by the E.E.(C)/S.E.(C) the contractor shall provide each of his employees including labour,
with identification badge, at his own cost. The colour and design of these badges shall be subject to the
approval of the E.E.(C)/S.E.(C). The employees shall display the badges on their person so that the
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badges are clearly visible for easy checking by the gateman as they enter the premises of the Company.
The badges shall be serially numbered. The contractor’s initials shall be printed with the number on the
badge.
17.3 The contractor should immediately notify to the E.E.(C)/S.E.(C), if any of the badges is lost and a new
one issued in its place, or when badges are carried away by discharged labour. No employee of the
contractor, without a badge will be permitted to enter the premises of work, except in such cases, where
special permission of the Engineer-in- charge is obtained.
18.0 METRIC SYSTEM FOR WEIGHTS:
Metric system is being following for the purpose of this contract. The terms ‘Tonne’ referred to in this
contract is ‘Metric tonne’ equivalent to 1000 kilograms.
19.0 SETTING OUT WORKS :
19.1 The contractor shall set out the works and shall be responsible for the true and perfect setting out of
the same and for the correctness of the positions, levels, dimensions and alignment of all parts thereof.
If at any time any error shall appear during the progress of any part of the work, the contractor shall at
his own expenses rectify such error, if called upon, to the satisfaction of the Engineer-in-charge.
19.2 The contractor shall provide all facilities, instruments and attendance to the Engineer-in- charge or his
deputed representative to check his work. Instruments brought by the contractor shall be in good working
condition and are subject to approval of the Executive Engineer (C)/ Executive Engineer (C). Checking in
part or full of any setting out or any line or level by the Company’s supervisory staff shall not in any way
relieve the contractor of his responsibility for the correctness thereof.
19.3 The contractor shall establish and maintain base lines and bench marks adjacent to the various sections
of work. all such marks and stakes must be carefully preserved by the contractor, and in case of their
destruction by him or any of his employees, they shall be replaced at the contractor’s expense.
The contractor shall be responsible for the accuracy of all dimensions within the various sections of
the work according to the figures of dimensions on the drawings.

20.0 SAFETY PRECAUTIONS

20.1 The contractor shall pay particular attention to ensure safety of his staff and workmen and others in the
vicinity and shall be responsible for any loss of life or injury to persons due to negligence’s or any other
causes whatsoever except natural cause. He shall provide all necessary fencing and light required to
prevent accidents and shall be bound to bear the expenses of difference of every suit, action or other
proceedings at law that may be brought by any person for injury sustained owing to neglect of the above
precautions and to pay any damages and costs which may be awarded in any such suit, action or
proceedings to any such person or which may with consent of the contractor be paid to compromise any
claim of any such person.
20.2 The contractor shall reinstate and make good all damage of every sort mentioned in this clause so as to
deliver the whole of the contracting work complete and perfect in every respect. The contractor shall also
make good or otherwise satisfy all claims for damage to the property of third parties caused by the
contractor or his workmen of his petty contractors.
20.3. The contractor shall take all precautions necessary and shall be responsible for the safety of the work and
shall maintain all lights, guards, signs, temporary passages, or other protection necessary for the purpose.
All work shall be done at the contractor’s risk and if any loss or damage shall promptly repair or replace
such loss or damage free from all expenses to the Company. The contractor shall be responsible for any
loss or damage to materials, tools, or other articles used or held for use in connection with the work.
The work shall or property of the Company or of others and without interference with the operation of
existing machinery or equipment.
20.4 The use of explosive in a manner which might disturb or endanger the stability, safety, or quality of the
works will not be allowed. Explosives shall be stored, handled and used as prescribed by the law and
regulation of the Indian Union, the State in which the work is performed and sub divisions thereof. Special
attention must be given to immediate disposal of paper wrappings from explosives, which are poisonous to
live-stocks.
21.0 CONTRACTOR TO REMOVE ALL OFFENSIVE MATTER IMMEDIATELY AND CLEAN UP.
21.1 All spill, filth or other matter of an offensive nature taken out of any excavation, trench, sewer, drain,
cesspool or other place shall not be deposited on the surface, but shall at once be carted away by the
contractor and dumped in a pit or place provided by him away from the site of work and approved by
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local authorities.
21.2 As a part of the work included in this contract, the c o n t r a c t o r shall completely remove and
satisfactorily dispose of all temporary works to the extent directed off all temporary
buildings, shall remove of grade to the extent directed all embankment or cofferdams made for
construction purpose, shall satisfactorily fill excavations as directed, shall remove all plant and equipment,
shall satisfactorily dispose off all rubbish resulting from the operations under this contract and shall do all
work necessary to restore the territory embraced within the site of his operations to at least as good order
and conditions as at the beginning of the work under this contract within one month of physical
completion of the work adjudged by Engr.-in-charge. In case the contractor does not comply with this
requirement Engineer -in-charge may get the cleaning work done through another agency and back
charge the contractor for the same.
22.0 APPROACH TO WORK SITE :
22.1 The contractor shall make his own arrangements at his own cost for the necessary approach roads for
transport of materials to site of work. No extra charge will be paid by the Company.
23.0 DEATH, BANKRUPTCY, BREACH OF CONTRACT ETC. :
23.1 Should the contractor die or become insolvent or bankrupt or have a receiving order made against him or
compound with or make any proposal for carrying on his business under inspection or for the benefit of
his creditors or commits an act of insolvency or bankruptcy or being a Corporation pass a resolution or be
ordered to be would up or have a receiver of its business appointed or commit any breach of contract, the
Company shall be entitled forthwith by notice in writing to contractor or his legal representative to
determine the contract in such time and manner and by such persons as the Company shall thick fit at
the risk cost and liability of the Contract.
24.0 NEGLIGENCE :
24.1 If in the opinion of the Company, the Contractor,
(a) Neglects to execute the work with diligence and expedition or refuses or neglects to comply with any
reasonable orders given to him in writing by the Engineer in connection with the work or contravenes the
provisions of the contract, the Company may give a 7 days’ notice in writing to the contractor to make
good such neglect, failure or contravention and if the contractor fails to do so within the time reasonably
necessary for making it good.
(b) Fails to properly execute the work or any part of the work due to either gross negligence or deficiency in
technical skill including but not limited to the provisions of latest tools, tackles and qualified technical
personnel and which in the opinion of the Company is likely to result or has resulted into substandard work
or loss thereof,. then and in such case the Company shall be at liberty to employ other workmen after
giving a seven days’ notice in writing and thereafter perform such work as the contractor may have
neglected to do or if the Company shall think fit it shall be lawful for the Company to take the work wholly
or in part out of the contractor’s hands and re-execute departmentally reconstruct with any other agency or
provide any materials, tools, tackle or labour for the purpose of completing the work or any part thereof
and in that event the Company shall, without being responsible to the contractor for fair wear and tear of
the same have the free use of all the materials, tools, tackle or labour for the purpose of completing the
work or any part thereof, which may be on the site at any time connection with the work to the exclusion of
any right of the contractor over the same, and the Company shall be entitled to retain and apply any
balance which may be otherwise due on any balance which may be otherwise due on the
contract by the Company to the contactor or such part thereof as may be necessary to the payment of
the cost of executing such work as aforesaid.
24.2 If the cost of executing the work as aforesaid shall exceed the balance due to the contractor and the
contractor fails to make good the deficit, the said materials, tools, tackle, construction plant or other
things, or property of the contract or other things may be sold by the Company and the proceeds applied
towards the payment of difference and the cost of an incidental to such sale. Any outstanding balance
existing after crediting the proceeds of such sale will be paid to the contractor on the certificate of the
Engineer. When all expenses, costs 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.

25.0 EXPLOSIVE DIESEL AND PETROL :

It will not be possible for the Company to arrange magazine and for issue of Geletine/ Detonators etc.
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Company shall give all assistance by way of recommendation after the contractor has approached
proper authorities in writing. Company, however, does not assume any responsibility for effectiveness of
the recommendations made by it in any connection whatsoever.
In the event of Diesel and Petrol being brought under rationing by the Government, necessary
rationing permits shall be made available to the contractor by the Company. All expenditure in this
connection shall, however, be borne by the contractor.
26.0 INFRINGEMENT OF PATENTS :
The contractor shall assume all liability and fully indemnify and save harmless the Company, its successors
or assigns, from and against all claims, suits, proceedings, damages, losses, expenses, fees, any
royalties, arising from any infringements, real or claimed, of any patent on any article, machine
manufacture, structure, composition, arrangement, improvement design, device, methods or progress
embodies or used in the performance of this contract. The Company and its successors and assigns,
will give the contractor authority, assistance and all available information to enable him to do so.
27.0 COVERING UP WORK :
27.1 The contractor shall give not less than five day’s notice in writing to the Engineer before covering up or
otherwise placing beyond the reach of measurement, any work in order that the same may be
measured and correct dimensions thereof be taken and shall not cover up and place beyond the reach
of measurement any work without the consent in writing of the Engineer.
27.2 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’s expense of in default
thereof no payment of allowance shall be made for such work of the materials with which the same was
executed.
28. SUB-LETTING OF CONTRACT:
The contractor or any part thereof shall not be assigned to sub-let without the written permission of
the Executive Engineer, Civil Division, Pune. In case such permission is granted, the responsibility of
executing the work according to the specifications and within the stipulated time shall entirely rest with the
main contractor.
29.0 ADVANCES:
29.1 No advance against machinery or towards site mobilization would be paid by the Company to the
contractor.
30.0 DAMAGES TO THE STRUCTURE AND PLANT :
30.1 The contractor shall be totally held responsible for any loss or damages, caused by any act of the
contractor’s labour or his sub-contractor’s labour including but not limited to covered/ open blasting, to the
existing structures and plant or any other structures or plant that may be under construction/erection b y
any other agency at this site during the entire period covered by this contract along with time extension
if any.
30.2 Any permission, given by the Engineer to the contractor to carry out such work, such as blasting etc.
shall not be construed to be waiver of the contractor’s responsibility. In such cases the amount in respect
of loss or damages, as decided by the Company which shall be considered as final and binding on the
contractor, shall stand recoverable from any payments due to teh contractor in this or any other
contract between the Company and the contractor. It shall also be considered rightful for the Company
to attach any bank guarantees, due on this and other contracts and balance payments for enabling the
Company to recover full extent of such amount.
30.3 However, in the event of amount of the such losses/ damages bring received by the Company from
the insurance company due to any of insurance not declared under this contract, the amount recovered
from the contractor shall be refunded to him to the extent of compensation received from Insurance
Agency, subject, however to such refund being limited to the initial recovery/recoveries made from
contractor’s bills in respect of each of such exigencies taken individually and in isolated manner.
31.0 DEWATERING :
No separate payments for dewatering of sub-soil or surface water if required or removal of slush at any
time during the construction work including monsoon period would be made by the Company and the
rates quoted by the tenderer for various items deemed to be inclusive of cost of such dewatering removal
of slush wherever necessary.

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32.0 EXECUTION OF WORK-

All items indicated in schedule ‘B’ or any item to be executed for completion of work under this
contract shall be executed in accordance with specification laid down in PWD red book only.
33.0 ASSIGNMENTS :
33.1 The whole of the works included in the contract shall be executed by the contractor and the Contractor
shall not, directly or indirectly transfer, assign or sublet the contract or any part, share or interest therein
nor shall he take new partner without the written consent of the Executive Engineer (civil),and no
subletting shall relieve the contractor from the full and entire responsibility of the contract or from active
supervision of the works during their progress.
33.2 If the contractor shall cause any part of the work to be performed by his approved sub-contractor, the
provision of this contract shall apply to such sub-contractor and his or its officers, agents or employees
in all respects as if he or it and they were employees for the main contractor, and the main contractor
shall not in any manner hereby, be discharged from his obligations and liability hereunder for all loss and
negligence of his sub-contract, his or its officers, agents and contractor. No. sub contract shall be made by
to main contractor without the approval of the Executive Engineer (civil). Copies of all such sub-
contracts shall be furnished to the Executive Engineer (civil).
34.0 POWER TO VARY OR OMIT WORK :
No alternations, amendments, omissions, additions, suspension, or variation of the work (hereinafter
referred to as “Variations”) under the contract as shown by the approved contract drawings or the
specifications shall be made by the contractor except as directed in writing by the Engineer-in-charge but
the Engineer-in-charge shall have full powers and subject to special conditions herein, from time to time
during the execution of contract by notice in writing to instruct the contractor to make such variation
without prejudice to the contract and the contractor shall carry out such variations and be bound by
the same conditions as far as applicable as though the said variations occurred in the specifications. If any
suggested variations would be in the opinion of the contractor, if carried out, prevent him from fulfilling any
of his obligations or guarantees, under the contract, he shall notify the Engineer thereof in writing, and the
Engineer shall decide forthwith whether or not the same shall be carried out, and if the Engineer
confirms his instructions, the contractor’s obligations and guarantee shall be modified to s u c h extent
as may be justified. The difference of cost, if any, occasioned by any such variations, shall be added to or
deducted from the contract price as is warranted. The amount of such difference, if any, shall be as
certified and determined in accordance with the rates specified in the schedules of prices, so far as the
same may be applicable and when the rates are not contained in the said schedules or are not
applicable, they shall be settled by the Engineer -in-charge and contractor jointly, and in case of failure of
agreement the decision of the Chief Engineer-in- charge shall be final and binding. In any case in which
the contractor has received instructions from the Engineer-in-charge to carrying out the work, which
either then or later will, in the opinion of the contractor involve, a claim for an additional payment, the
contractor shall, as soon as reasonably possible after the receipt of the instructions as
aforesaid. advise the Engineer-in-charge to that effect in writing and in any case within a month of receipt
of such instructions, failing which the claim shall not be entertained.
35.0 CO-ORDINATION MEETINGS :
The contractor shall attend at his own cost, all the meetings with the Engineer-in-charge, periodical co-
ordination meetings of various agencies at work arranged by the Company etc. The contractor shall
attend such meetings as and when required and fully co-operate with such officers of the Company and
agencies involved.

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 EEC/PUNE/T-119/2022-23

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MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD.

CIVIL DIVISION PUNE
SCHEDULE 'B'

Name of work :- Providing skilled attendants for operation of lifts & water
supply pumps at administrative building Prakashbhavan
under Civil Sub-Division Pimpri Dist. Pune.
***** Bidders are requested to refer separate attachment for SCHEDULE “B”

MEMORANDUM OF WORKS
***** Bidders are requested to refer separate attachment for MEMORANDUM OF WORKS

Executive Engineer (C),

Civil Division, MSEDCL, Pune.

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 EEC/PUNE/T-119/2022-23

MEMORANDUM OF WORKS
Tender specification No: EEC/PUNE/T-119/2022-23

Name of work:- Providing skilled attendants for operation of lifts & water supply
pumps at administrative building Prakashbhavan under Civil Sub-
Division Pimpri Dist. Pune.

Estimated Cost: - Rs.06,63,036.00/-(Rs. Six Lakh Sixty Three Thousand and Thirty Six
only)(Excluding GST & Insurance).
Notes:

1. If the percentage variation of estimated rate is more than ± 5%. Detailed rate analysis should be
submitted if so desired by the accepting authority.
2. If there is any discrepancy in figures and in words, the rate quoted in words will be considered.

Executive Engineer (C)

Civil Division, Pune.

This is to confirm that, I have studied tender specifications and description of item in detail;
I have made myself conversant with the site and working conditions.
I am ready to execute the above prescribed work with:

1. ____________% below(In words____________________________ of theestimated cost.)

2. _____________ At Par____________________________________ _
3. ____________% above (In words_____________________ _______ of theestimated cost.)

Full Name:- ……………………………..…………………

Signature:-…………………………..………………..

NOTE:-
1) Strike out whichever is not applicable.
2) The percentage shall be filled in both words and figure unavoidable Correction if any shall
be crossed out and rewritten and signed in full before submission of the tender.
3) The contractor signing the tender shall put his name as well as his address.

Opened on --------------------- at Hrs.---------

Executive Engineer (C) ---------------------------------

Addl. Ex. Engineer (C)---------------------------------

Asst/ Dy. Ex. Engineer (C) --------------------------------

Deputy Manager (F & A)----------------------------

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 EEC/PUNE/T-119/2022-23

MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD.

Civil Division, Pune

T-119/2022-23
ABSTRACT
Name of Work: Providing skilled attendants for operation of lifts & water supply pumps at
administrative building Prakashbhavan under Civil Sub-Division Pimpri Dist. Pune.

It.
Discription of Item Qty Rate Unit Amount
No.

Providing skilled attendants for operation of

2 numbers of lifts & water supply pumps &
Per
1 valves during office hours 9.30 am to 5.30 792.00 758.00 600336.00
Day
pm in dress code as directed by engineer in-
charge.
Providing skilled attendants for operation of
2 numbers of lifts after office hours 9.30 am Per
2 660.00 95.00 62700.00
to 5.30 pm in dress code as directed by Hour
engineer in-charge.
Total 663036.00

Executive Engineer ( C)
Civil Division, Pune

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 EEC/PUNE/T-119/2022-23

LIST OF SERVICES
SR. ACTIVITY MATERIAL
SERVICE NAME UOM SAC CODE REQ. QTY VERSION
NO. NUMBER TYPE
Civil Work General
1 CIVIL_NO Number 9954 1 null
Services in NO

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 EEC/PUNE/T-119/2022-23

Required Documents (To be uploaded online)

Sr. No. NAME SECTION ITEM DESCRIPTION

"MEMORANDUM OF Civil Work

1 Price Section "MEMORANDUM OF WORKS"
WORKS" General
Duly signed copy for
Duly signed copy for Manpower employed list &
Manpower employed list Technical Civil Work
2 tools ,plants and machinery list
& tools ,plants and Section General
machinery list Services
Certified copy of
Certified copy of partnership deed along with
partnership deed along Technical Civil Work
3 Power of Attorney authorizing partner
with Power of Attorney Section General
authorizing partner Services
Experience Experience certificate/work completion certificate
certificate/work Technical Civil Work on similar works
4
completion certificate on Section General
similar works Services
"Registration certificate
"Registration certificate with state or central
with state or central
Technical Civil Work PWD/Railways/MES/SEB’s and central/state
5 PWD/Railways/MES/SEB
Section General semi govt bodies"
’s and central/state semi
Services
govt b
Technical Civil Work Forwarding Letter
6 Forwarding Letter
Section General
Positive net worth
Positive net worth certificate of previous financial
certificate of previous Commercial
7 year by chartered accountant
financial year by Section
chartered accountant
Provident Fund Commercial Provident Fund Registration Certificate
8
Registration Certificate Section
Commercial pan card
9 pan card
Section
GST Registration Commercial GST Registration Certificate
10
Certificate Section
Average Annual financial turnover during the last
Average Annual financial
3 years, ending 31st March of the previous
turnover during the last 3 Commercial
11 financial year, should be at least 30% of the
years, ending 31st March Section
estimated cost
of the previous financi
Copies of Income Tax Copies of Income Tax return of last three
Commercial
12 return of last three financial years
Section
financial years
"Earnest Money Deposit
"Earnest Money Deposit will have to pay online
will have to pay online
Commercial directly to MSEDCL’s net banking account. The
13 directly to MSEDCL’s net
Section Scanned copy of receipt shall be uploaded"
banking account. The
Scann
Current Solvency
Current Solvency Certificate of Nationalized/
Certificate of
Commercial scheduled Bank for amount of 25 % of estimated
14 Nationalized/ scheduled
Section cost and valid for sufficient period
Bank for amount of 25 %
of estimated cost an

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