BRIHANMUMBAI MUNICIPAL CORPORATION

CENTRAL PURCHASE DEPARTMENT

566, N.M.JOSHI MARG, BYCULLA (WEST), MUMBAI – 400 011

e-Tender Document for “Supply of RSP Uniforms to BMC

Students Of Education Department for Three Years
Contract Period”

FOR

B.M.C.
MUMBAI

Sd/- Sd/- Sd/- Sd/-

SE(CPD) AE-03(CPD) EE(M&E) CPDI/C DY.CH.ENG.(M&E)CPD

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 THIS TENDER DOCUMENT CONSISTS OF:
SR. DESCRIPTION
NO.
1 E-Tender Notice

2 Header Data

3 Preamble

4 Instructions to Vendors participating in e-Tendering

5 Flow of activities of tender

6 General instructions and conditions to the Tenderers

7 General conditions of contract

8 Force Majeure – obligations of the Bidders

9 Description of the Item Data

10 Annexure – 1 Particulars about the tenderer

11 Annexure – 2 Tender form

12 Annexure – 3 Undertaking to be signed by the tenderer

13 Annexure – 4 Performa for Supplier/ Service Provider

14 Annexure -5 Experience Certificate and (Annexure -5a ) statement of Experience

15 Annexure-6 Authorization letter for attending tender opening

16 Annexure-7 Articles of Agreement

17 Annexure- 8 Authorization Letter for Downloading and Uploading Tender

18 Annexure- 9 Internal Grievance Redressal mechanism

19 Annexure- 10 Form of integrity pact

20 Annexure 11 Declaration by the tenderer regarding HSN Code & GST Tax%

21 Annexure 12 Details of Litigation History

22 Annexure – 13 Details of Criminal Cases history of bidder

23 Annexure – 14 Undertaking cum Indemnity Bond

24 Annexure A Irrevocable Undertaking

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 1 : E-TENDER NOTICE
BRIHANMUMBAI MUNICIPAL CORPORATION
Central Purchase Department
566, N.M. Joshi Marg, Byculla (West) Mumbai - 400 011.

e- PROCUREMENT TENDER NOTICE

No. Dy. Ch. Eng./CPD/35/TDR/AE-3 of 2024-25 Dated 06.02.2025
The Commissioner of Brihanmumbai Municipal Corporation invites the following online tender.
The tender copy can be downloaded from BMC’s portal (http://www.mcgm.gov.in) under
“Tenders” section. However, the bid will be invited through Mahatender portal
(https://mahatenders.gov.in) only.

Bidders who wish to participate in the Bidding process must register on the website
http://www.mahatenders.gov.in/nicgep/app. Bidders, whose registration is valid, may please
ignore this step. At the time enrolment, the information required for enrolment should be filled.
After enrolment the bidder will get his username and password to his Mail Id.

Bidders should have valid Class III Digital Signature Certificate (DSC) obtained from any
licenced Certifying Authorities (CA). For registration, enrolment for digital signature certificates
and user manual, Interested Bidders should follow the respective links provided in
Mahatenders Portal (https://mahatenders.gov.in)
All interested vendors are required to be registered with BMC. Vendors not registered with BMC
before can apply online by clicking the link ‘Vendor Registration’ under the ‘e-Procurement’
section of BMC Portal, Vendors already registered with BMC need to contact helpdesk to
extend their vendor registration.

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

Sr. Description Tender Fee EMD Start Date End Date and
No (₹) (₹) and Time Time of
of online online Bid
Bid Submission
Downloadi
ng
1. e-Tender for
Supply of RSP ₹16,500/- 4,13,000/-
Uniforms to BMC + 06.02.2025 07.03.2025 at
Students of ₹2,970/- at 11:00 16:00 hrs
Education (18% GST) hrs
Department for the ₹19,470/-
period of 3 years.
Tender Ref No. Dy.
Ch.
Eng./CPD/35/TDR/
AE-3 of 2024-25
Tender ID:
2025_MCGM_11452
36_1

Note: Last date for payment of Earnest Money Deposit (EMD) online is on or before
due date and time prescribed.

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The pre-bid meeting will be held on 13.02.2025 at 3:30 pm, venue of the same is at
Conference hall, 1’st Floor, Central Purchase Department, 566, N.M.Joshi Marg Byculla,
Mumbai-400011. The prospective tenderer(s) should submit their suggestions/observations, if
any, in writing minimum 2 days before Pre-bid meeting. Only suggestions/observations
received in writing will be discussed and clarified in pre-bid meeting and any modification of the
tendering documents, which may become necessary as a result of pre-bid meeting, shall be
made by BMC exclusively through the issue of an addendum/corrigendum. The tender
uploaded shall be read along with any modification. Authorized representatives of prospective
tenderer(s) can attend the said meeting and obtain clarification regarding specifications, works
& tender conditions. Authorized representatives should have authorization letter to attend
the pre-bid meeting.

The Tender document is available on BMC portal (https://portal.mcgm.gov.in) along with this
Tender notice. However, the bid will be invited through Mahatender portal
(https://mahatenders.gov.in).

The tenderer shall have to pay EMD through online mode only.

Note: - No Exemption will be allowed for the tenderers having standing deposit with
BMC. The tenderers shall have to pay the tender EMD amount through online payment
only.

However, original copies of the online payment receipts for EMD should be uploaded in
Fee/PreQual cover as prescribed in Tender Document.

The Authority (BMC) shall not be liable for any omission, mistake or error in respect of any of
the above or on account of any matter or thing arising out of or concerning or relating to the
tender or the Bidding Process, including any error or mistake therein or in any information or
data given by the Authority.

The Municipal Commissioner reserves the right to reject all or any of the e-Tender(s) without
assigning any reason at any stage.

Bidders shall note that any corrigendum issued regarding this tender notice/tender will be
published on the BMC portal and Mahatender portal only. No corrigendum will be published in
the local newspapers.

By Order of the
Municipal commissioner
Brihanmumbai Municipal Corporation

Sd/-
Dy. Chief Engineer (M & E) CPD

For detailed tender document please scroll down

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 2. HEADER DATA

Tender Ref No. No.Dy.Ch.Eng./CPD /35 /TDR /AE-3 of

2024-25
E-Tender ID 2025_MCGM_1145236_1
Name of Organization Brihanmumbai Municipal Corporation
Subject e-Tender for Supply of RSP Uniforms to
BMC Students of Education Department for
the period of 3 years.
Contract Period 3 years

Estimated Cost ₹ 2,06,37,750.00

Tender Fee ₹ 16,500/- + ₹ 2,970/- (18% GST) =

₹ 19,470/- through online mode

Earnest Money Deposit ₹ 4,13,000/- through online mode

End Date and Time of Bid Submission
End date & time for receipt of EMD
Opening of Pre-Qualification bids As mentioned in
(Fee/PreQual cover)
https://mahatenders.gov.in
Opening of Technical bids (Technical
cover)
Opening of Commercial bids (Finance
cover)
Address for Communication Office of Dy. Ch. E.( M& E) C.P.D.
566, N.M. JOSHI MARG, BYCULLA (WEST),
MUMBAI – 400 011
Tel. No. 022-23083161 Ext. 217/218
Venue for opening of bid Same as above

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 BRIHANMUMBAI MUNICIPAL CORPORATION
Central Purchase Department
566, N.M. Joshi Marg, Byculla (West), Mumbai – 400 011

3: PREAMBLE

The Brihanmumbai Municipal Corporation invites Tender from the bidders who
fulfills the tender terms and conditions for the Supply of RSP Uniforms to BMC Students
of Education Department for the period of 3 years from date of letter of acceptance as
per the specifications attached separately with this document and as per the terms and
conditions as mentioned therein and as per the provisions of the M.M.C. Act 1888 as
amended till date.

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4 : Instructions to Vendors participating in e-Tendering for the supply of General items
to BMC.
1. The e-Tendering process of BMC is enabled through Mahatender portal
(https://mahatenders.gov.in). However, tender document can be downloaded from
BMC’s portal website under “Tenders” section or from Mahatender portal
2. Bidder should do Online Enrolment in this Portal using the option Click Here to Enroll
available in the Home Page. Then the Digital Signature enrollment has to be done with
the e-token, after logging into the portal. The e-token may be obtained from one of the
authorized Certifying Authorities such as eMudhraCA /GNFC/ IDRBT/ Mtnl Trustline/
SafeScrpt/TCS.
3. Bidder then logs into the portal giving user id / password chosen during enrollment. and
follow the instructions given in the document ‘Bidders manual kit – online bid submission
– Three Cover Bid Submission New’ which is available on e-tendering portal of
Government of Maharashtra i.e. ‘https://mahatenders.gov.in’
4. The e-token that is registered should be used by the bidder and should not be misused
by others.
5. DSC once mapped to an account cannot be remapped to any other account. It can only
be Inactivated.
6. The Bidders can update well in advance, the documents such as certificates, purchase
order details etc., under My Documents option and these can be selected as per tender
requirements and then attached along with bid documents during bid submission. This
will ensure lesser upload of bid documents.
7. After downloading / getting the tender schedules, the Bidder should go through them
carefully and then submit the documents as per the tender document, otherwise, the bid
will be rejected.
8. The BOQ template must not be modified/ replaced by the bidder and the same should
be uploaded after filling the relevant columns, else the bidder is liable to be rejected for
that tender. Bidders are allowed to enter the Bidder Name and Values only.
9. If there are any clarifications, this may be obtained online through the e-Procurement
Portal, or through the contact details given in the tender document. Bidder should take
into account of the corrigendum published before submitting the bids online.
10. Bidder, in advance, should prepare the bid documents to be submitted as indicated in
the tender schedule and they should be in PDF/XLS/RAR/DWF formats. If there is more
than one document, they can be clubbed together.
11. Bidder should Pay EMD and other charges, where applicable, as per the instructions
given in the Tender Notice and / or Tender Document.
12. Bidders should note that the Tender fee is to be paid online on mahatender portal and
bidders should upload receipt of the same in Fee cover.
13. The bidder reads the terms and conditions and accepts the same to proceed further to
submit the bids.
14. The bidder has to submit the tender document(s) online well in advance before the
prescribed time to avoid any delay or problem during the bid submission
process.Vendors trying to submit the bid at last moment just before due date and due
time and failing to do so due to system problems at their end, internet problems, User Id
locking problems etc. shall note that no complaints in this regard will be entertained.The
Tender Inviting Authority (TIA) will not be held responsible for any sort of delay, or the
difficulties faced during the submission of bids online by the bidders due to local
issues.so,the bidders are requested to submit the bids through online e-Procurement
system to the TIA well before the bid submission end date and time (as per Server
System Clock).

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15. There is no limit on the size of the file uploaded at the server end. However, the upload
is decided on the Memory available at the Client System as well as the Network
bandwidth available at the client side at that point of time. In order to reduce the file size,
bidders are suggested to scan the documents in 75-100 DPI so that the clarity is
maintained and also the size of file also gets reduced. This will help in quick uploading
even at very low bandwidth speeds.
16. It is important to note that, the bidder has to Click on the Freeze Bid Button, to ensure
that he/she completes the Bid Submission Process. Bids Which are not Frozen are
considered as Incomplete/Invalid bids and are not considered for evaluation purposes.
17. The bidder may submit the bid documents online mode only, through mahatenders
portal. Offline documents will not be handled through this system.
18. At the time of freezing the bid, the e-Procurement system will give a successful bid
updation message after uploading all the bid documents submitted and then a bid
summary will be shown with the bid no, date & time of submission of the bid with all
other relevant details. The documents submitted by the bidders will be digitally signed
using the e-token of the bidder and then submitted.
19. After the bid submission, the bid summary has to be printed and kept as an
acknowledgement as a token of the submission of the bid. The bid summary will act as a
proof of bid submission for a tender floated and will also act as an entry point to
participate in the bid opening event.
20. Successful bid submission from the system means, the bids as uploaded by the bidder
is received and stored in the system. System does not certify for its correctness.
21. It is the responsibility of the vendors to maintain their computers, which are used for
submitting their bids, free of viruses, all types of malwares etc. by installing appropriate
anti-virus software and regularly updating the same with virus free signatures etc.
Vendors should scan all the documents before uploading the same. if the documents
could not be opened, due to virus, during tender opening, the bid is liable to be rejected.
22. The time that is displayed from the server clock at the top of the tender Portal, will be
valid for all actions of requesting bid submission, bid opening etc., in the e-Procurement
portal. The Time followed in this portal is as per Indian Standard Time (IST) which is
GMT+5:30. The bidders should adhere to this time during bid submission.
23. All the data being entered by the bidders would be encrypted at the client end, and the
software uses PKI encryption techniques to ensure the secrecy of the data. The data
entered will not be viewable by unauthorized persons during bid submission and not
viewable by any one until the time of bid opening. Overall, the submitted bid documents
become readable only after the tender opening by the authorized individual.
24. During transmission of bid document, the confidentiality of the bids is maintained since
the data is transferred over secured Socket Layer (SSL) with 256-bit encryption
technology. Data encryption of sensitive fields is also done.
25. All the tender notices including e-Tender notices will be published under the ‘Tenders’
section of BMC Portal and on Mahatender portal.
26. All interested vendors are required to be registered with BMC. Vendors not registered
with BMC before can apply on-line by clicking the link ‘Vendor Registration’ under the ‘e-
Procurement’ section of BMC Portal, Vendors already registered with BMC need to
contact helpdesk to extend their vendor registration.
27. Manual offers sent by post/Fax or in person will not be accepted against e-tenders even
if these are submitted on the Firm’s letter head and received in time. All such manual
offers shall be considered as invalid offers and shall be rejected summarily without any
consideration.

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28. As BMC has switched over to e-Tendering, if any references in this tender document are
found as per manual bidding process like Packets A, B, C etc. may please be ignored.
All documents that are required to be submitted as part of eligible & technical bid, need
to be uploaded in the covers provided for this purpose and commercial bid need to be
filled online.
29. Affixing of digital signature for the bid document while submitting the bid, shall be
deemed to mean acceptance of the terms and conditions contained in the tender
document as well as confirmation of the bid/bids offered by the vendor which shall
include acceptance of special directions/terms and conditions if any, incorporated.
30. The browser settings required for digitally signing the uploaded documents are provided
under download section of Mahatender Portal. Site compatibility required for Mahatender
portal has been provided under Site compatibility on Home Page of Mahatender Portal.
31. The administrative, technical and commercial evaluation documents will be available for
all the participating vendors after completion of the evaluation.
32. Additional information can be availed by referring to FAQs under FAQ on Home Page of
Mahatender Portal.
33. For any help, in the e-Tendering process, can be availed by dialing help-desk number or
Email support provided under contact us on Home Page of Mahatender Portal.
SPECIAL NOTE:
TENDERERS ARE REQUESTED TO GO THROUGH THE bid submission guidelines as
given in Bidders manual kit – online bid submission – Three Cover Bid Submission New’ on -
tendering portal of Government of Maharashtra i.e. https://mahatenders.gov.in
Bidders who wish to participate in the Bidding process must register on the website
http://www.mahatenders.gov.in. Bidders, whose registration is valid, may please ignore this
step. At the time enrolment, the information required for enrolment should be filled. After
enrolment the bidder will get his username and password to his Mail Id.
Bidders should have valid Class III Digital Signature Certificate (DSC) obtained from any
licenced Certifying Authorities (CA). Interested Bidders should follow the “Manuals” available
on Mahatender Portal (https://mahatenders.gov.in)

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 5: FLOW OF ACTIVITIES OF TENDER
1. Issue of Tender notice in the newspapers and tender notice along with tender
documents on BMC Portal & Mahatender Portal.
2. Download the tender documents from the Tender section of Mahatender Portal

3 Bidders shall note that any corrigendum issued regarding this tender notice/tender
will bepublished on the BMC portal and Mahatender portal only. No corrigendum will
be published in the local newspapers.

4. All the tender notices including e-Tender notices will be published under the
‘Tenders’ section of BMC Portal and on Mahatender Portal.
5. All the information documents are published under the ‘e-Procurement’ section of
BMC Portal.
6. Tender Fee & Earnest Money Deposit (EMD) shall be paid online through
mahatender portal
https://mahatenders.gov.in on or before due date and time prescribed.
7. Bidders should note that the Tender fee is to be paid online on mahatender portal
and bidders should upload receipt of the same in Fee cover.
8. As BMC has switched over to e-Tendering, if any references in this tender document
are found as per manual bidding process like Packets A, B, C etc. may please be
ignored. All documents that are required to be submitted as part of eligible &
technical bid, need to be uploaded in the covers provided for this purpose and the
BOQ template should be uploaded after filling the relevant columns.
9. Finance cover of only those bidders who are found to be responsive in the evaluation
of Fee/PreQualCover, Technical cover and satisfactory test reports, as decided in
tender committee meeting will be opened online.,
11. Recommendations to higher authorities and Standing Committee for sanction to
award the contract, as decided in tender committee meeting.
12. After sanction of higher authorities or Standing Committee, issuance of the
acceptance letter to successful bidder.
13. Payment of Contract Deposit, Legal Charges within period of thirty days from the
date of issue of Acceptance Letter to successful bidder for execution of written
contract with payment of requisite stamp duty.
14. Supply of service described in the specifications and as per terms & conditions.

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SECTION 6 : GENERAL INSTRUCTIONS AND CONDITIONS TO THE TENDERERS

Before filling in the tender, tenderers are requested to go through the “General
Instructions to Tenderers”, the “Mandatory conditions”, all “Annexures”, “Articles of
Agreement” carefully, wherein the tender conditions and contract conditions are clearly
mentioned. Contract period is of Three years from date of acceptance

1. Eligibility Criteria
A. Who can quote :-

Only Textile manufacturers and/or Garment manufacturers and/or their

authorized distributors/dealers/agents are eligible to submit the tender.
The bidder
i) If the bidder is Textile manufacturer, he should submit Annexure-3a
and Annexure-4a and the appropriate, valid and current authority
letter from Garment manufacturer as per the pro-forma given in
Annexure-3b, 4b.
ii) If the bidder is Garment manufacturer, he should submit Annexure-3a
and Annexure-4a and the appropriate, valid and current authority
letter from Textile manufacturers as per the pro-forma given in
Annexure-3b, 4c.
iii) If the bidder is authorized distributor/dealer of Textile manufacturers /
Garment manufacturer, he should submit Annexure-3a, 4d and the
appropriate, valid and current authority letters from both the Textile
manufacturer and Garment manufacturer as per the pro-forma given
in Annexure-3b, 4b and 4c.
Both the manufacturer and/or authorized distributors/dealers/agents of
manufacturer may quote their offer.
B. Turnover :-
Bidder/Manufacturer must have minimum average annual turnover of
Rs.24.08 Lakhs during last three financial years.
Bidder shall submit the Audited Balance Sheets for the same. Bidder
shall also submit Turnover Certificate issued by Auditor of firm/
Chartered Accountant shall be uploaded during the submission of the
tender (Fee/PreQual cover).
C. Experience :-
The bidder/ manufacturer shall have minimum cumulative experience of
Rs.24.08 Lakhs of successfully completed Supply of any type of
uniforms/garments during last five years prior to due date of the tender.
Experience Certificate in respect of supply should be from State
Government / Central Government or their undertaking / Semi
Government, Local Bodies / Large Corporates.
Bidder/ Manufacturer shall provide certified copies of the Executed
purchase orders along with completion certificates in support of the
experience as provided in this clause.
D. The tender shall be uploaded only by the tenderer with his own digital
signature or authorized representative, in whose name the tender
document is downloaded. Authorization letter of authorized representative
shall be uploaded in Fee/PreQual cover.

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E. Details of Litigation History :-

The Bidder shall disclose the litigation history in Annexure-12 to be

submitted in Technical cover.
If there is no litigation history, the bidder shall specifically mentioned in
Annexure-12 that there is no litigation history as per the clause of litigation
history for the period of 5 years prior to due date of the tender.
In case there is litigation history, litigation History must cover in Annexure-
12 .Any action of blacklisting, debarring, banning, suspension,
deregistration and cheating with BMC, State Govt., Central Govt. or any
authority under State or Central Govt./Govt. organization initiated against
the company, firm, directors, partners or authorized signatory shall be
disclosed for last 5 years from the date of submission of bid. Also, bidder
must disclose the litigation history for last 5 years from the date of
submission of bid about any action like show cause issued, blacklisting,
debarring, banning, suspension, deregistration and cheating with BMC
and BMC is party in the litigation against the company, firm, directors,
partners or authorized signatory for carrying out any work for BMC by any
authority of BMC and the orders passed by the competent authority or by
any Court where BMC is a party.
Depends upon the gravity of the submission made by the bidder in
Annexure-12 for litigation history, DMC (CPD) or Director as the case may
be will take suitable decision whether to consider the bid for further
process or not.
F. All tenderer must disclose the names of their partners, if any in the
particular contract. Any tenderer failing to do so shall render him liable to
have his EMD forfeited and the contract, if entered into, and cancelled at
any time during its currency. Further it shall invite penal action including
black listing.
Firms with common proprietor / partner or connected with one
another either financially or as principal and agent or as master and
i.
servant or with proprietor /partner closely related to each other such
as husband/wife, father/mother and son/daughter and brother /sister
shall not tender separately under different names for the same
contract.
ii. If it is found that firms as described in clause 1-F have tendered
separately under different names for the same contract, all such
tender (s) shall stand rejected and tender deposit of each such
firm/establishment shall be forfeited. In addition such
firms/establishment shall be liable, at the discretion of the Municipal
Commissioner for further penal action including blacklisting.

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 iii. If it is found that closely related persons as in clause 1-F have
submitted separate tenders/quotations under different names firms
/establishment but with common address for such establishment/firms
and /or if such establishment/firms though they have different
addresses, are managed or governed by the same person / persons
jointly or severally, such tenderers Shall be liable for action as in
clause No 1-F(i) including similar action against the firms/
establishments concerned.
2. Extension:-
The Municipal Commissioner reserves right to extend or open bids of tenders
without assigning any reasons.
3. Amendment to tender documents
Before deadline for uploading of tender offer, the BMC may modify any tender
condition included in this tender document by issuing
addendum/corrigendum/clarification and publish it on the portal of BMC and
Mahatender. Such Addendum/corrigendum/ clarification so issued shall form part
of the tender documents. All tenderers shall digitally sign such
addendum/corrigendum/clarification and upload it in Fee/PreQual cover
4. The tenderer shall offer the best prices for the subject supply/work as per the
present market rates and that the bidder should not have offered less prices for
the subject supply/work to any other outside agencies including Govt./Semi Govt.
agencies and within the BMC also. Further, the tenderer has to fill in the
accompanying tender with full knowledge of the above liabilities and therefore
they will not raise any objection or dispute in any manner relating to any action
including forfeiture of deposit and blacklisting, for giving any information which is
found to be incorrect and against the instructions and directions given in this
behalf in this tender.
In the event, if it is revealed subsequently after the allotment of work/ contract to
tenderer, that any information given by tenderer, in this tender is false or
incorrect, he shall compensate the Brihanmumbai Municipal Corporation for any
such losses or inconveniences caused to the Municipal Corporation, in any
manner and will not resist any claim for such compensation on any ground
whatsoever. Tenderer/tenderers shall agrees and undertake that he/they shall not
claim in such case any amount, by way of damages or compensation for
cancellation of the contract given to them or any work assigned to them if it is
withdrawn by the Corporation."
Affidavit shall be uploaded in this respect as per annexure –3a.
5. Bidder / his principle manufacturer shall not have been debarred/ black listed by
BMC / Central Govt. / State Govt. / Public sector undertaking/any other Local
body. If in future, it comes to the notice of BMC / if it is brought to the notice of
BMC during the currency of this contract, that any disciplinary/penal action is
taken against the bidder / principle manufacturer due to violation of terms and
conditions of the tender allotted to Bidder / his principle manufacturer which
amounts to cheating /depicting of malafide intention anywhere in BMC or either
by any of central Govt. / state Govt. / Public sector undertaking/any other Local
body, BMC will be at discretion to take appropriate action as it finds fit.

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6. Validity :-
The validity of the offer should be for at least 180 days from the date of the
opening of the tender. Tenders specifying validity less than 180 days shall be
rejected outright.
7. Payment of E.M.D.(Earnest money deposit):-
The tenderer shall pay entire amount of EMD online through payment gateways
of GoM on URL http://mahatenders.gov.in. The bidder shall upload scan copy of
online paid EMD along with the Bid Submission in Fee Cover/ Packet ‘A’.
Any Bid not accompanied by an acceptable Bid Security shall be rejected outright
as non responsive.
8. Refund of E.M.D.
1. Except successful bidder all other unsuccessful bidders 100% EMD paid
online will be refunded automatically as per mahatender procedure.
2. The bid security of successful bidder will be discharged when bidder has
signed the agreement and / or furnish the required security deposits as
elaborated in standard bid documents.
9. Forfeiture of Entire EMD
1. If the Bidder withdraws the Bid after bid opening (opening of technical
qualification part of the bid during the period of Bid validity)
2. In the case of a successful Bidder, if the Bidder fails within the specified time
limit to:
i) sign the Agreement; and/or
ii) Furnish the required Security Deposits.
10. Tender Fee:-
 Bidders should note that the Tender fee is to be paid online on mahatender
portal and bidders should upload receipt of the same in Fee cover.
 Bidder shall note that Tender fee paid is not refundable.
11. Acknowledging communications :-
Every communication from the Dy.Ch.E.(C.P.D.), Brihanmumbai Municipal
Corporation to the tenderer should be acknowledged by the tenderer /
Quotationer / Supplier with the signature of authorized person and with official
rubber stamp of the tenderer / quotationer / supplier.
12. Where and how to submit the tender :-
(Refer Section 5- Flow of activities of Tender & Section 4 : Instructions to
Tenderer participating in e-Tendering)
The e-Tendering process of BMC is enabled through Mahatender portal
‘https://mahatenders.gov.in’
The bid should be submitted online through website ‘https://mahatenders.gov.in in
three Covers i.e. Fee/PreQual, Technical Cover, & Finance Cover.
All documents should be properly attested and then uploaded. To prepare and
submit the bid/offer online all tenderers are required to have e-token based
DIGITAL SIGNATURE CERTIFICATE. The Digital signature certificate should be
obtained from competent authority; However the e-tender website or helpline
numbers may guide you for obtaining the same
Deadline for submission of bid – as per schedule mentioned in tender notice.
13. Documents to be uploaded :-
Original scanned documents or self attested photocopies of specific documents shall be
scanned and uploaded.
This complete ‘Tender Document’ shall be uploaded as a token of acceptance of all
clauses / conditions / requirements / instructions contained in this tender document.

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14. Authentication for documents :-
The responsibility to produce correct and authentic documents rests with the
tenderer. If any document is detected to be forged, bogus etc., the tender shall be
rejected and the tender deposit shall be forfeited. Any contract entered under
such conditions shall also be liable to be cancelled at any time during its currency
and further penal action like criminal prosecution, blacklisting etc. against the said
contractors and/or the partners shall be instituted. The Municipal Commissioner
shall also be entitled to recover from the contractors’ dues the damages/losses
occurred thereof.
15. Translation of certificates :-
If the certificate issued by any statutory authority is in language other than
English, Hindi or Marathi, then a translated copy of certificate in one of the
languages mentioned above, and certified by the official translator shall have to
be uploaded along with a copy of the original certificate.
16. Sign and seal:-
Affixing of digital signature anywhere while submitting the bid shall be
deemed to be signed by bidder and mean acceptance of the terms,
conditions and instructions contained in this tender document as well as
confirmation of the bid/bids offered by the vendor which shall include
acceptance of special directions/terms and conditions if any, incorporated.
i. If a tender is submitted by a proprietary firm, it shall be digitally signed by the
proprietor of the said firm or authorised representative only.
ii. If a tender is submitted by a partnership firm, it shall be digitally signed by
person/partner holding the power of attorney on behalf of the said firm or
authorised representative only.
iii. If a limited company/ Sansthas /Societies /Trust/govt. undertaking/semi govt.
undertaking submits and uploads a tender, it shall be digitally signed by a
person holding power of attorney or authorised representative only.
17. Power of Attorney (POA):-
Notarized Power of attorney shall be granted by 2 directors/ Managing Director
/All partners, as the case may be in presence of 2 witnesses on Stamp paper of
Rs.500/-.
Note –
(a) The Registered Power of Attorney, (if any) registered with Chief Accountant
(B.M.C.) will be accepted.
(b) If all uploaded documents are signed by Proprietor or 2 directors/ Managing
Director or All partners, as the case may be, POA is not required to be
submitted.
If Tender is awarded and Contract Documents are signed by POA Holder then at
the time of contract POA is to be registered at the Office of Chief Accountant
(B.M.C.)
18. Unconditional offer :-
Tenderers shall quote a firm & unconditional offer. Conditional offers shall not
be considered and shall be treated as non-responsive.
Bonus/complimentary/discount offer given with condition will also be rejected.
Bonus/complimentary/discount offer without any condition will not be considered
for evaluation of comparative assessment. The net price quoted will only be
considered for determining the lowest bidder irrespective of unconditional
Bonus/complimentary / discount offer.

15
19. Variation in rate:-
Tenderers shall fill in the tender carefully after noting the items and its
specifications. No variation in rates etc. shall be allowed on any grounds such as
clerical mistake, misunderstanding etc. after the tender has been submitted.
20. Firm price :-
The prices quoted shall be firm and no variation will be allowed on any account
whatsoever. The tenderer should quote the basic rate and applicable GST
percentage separately. The basic rates quoted shall be inclusive of all taxes and
duties applicable except GST.
21. Contradictory Clause in tender :-
Tenders containing contradictory, onerous and vague stipulations and hedging
conditions such as "subject to prior sale" "offer subject to availability of stock" "
Offer subject to confirmation at the time of order" "Rates subject to market
fluctuations" etc. will be rejected outright.
22. Alternative clauses in tender:-
No alteration or interpolation will be allowed to be made in any of the terms or
conditions of the tender & contract and / or the specifications and /or in the
schedule of quantities. If any such alteration or interpolation is made by the
tenderer, his tender shall be rejected.
23. Rejection:-
The tender may be considered incomplete, irregular, invalid and liable to be
rejected If
a) The tenderer stipulates own condition /conditions,
b) Does not fill & sign the Tender Form incorporated in the Tender,
c) Does not disclose the full name/names and Address / addresses of
Proprietor / Partners / Directors in case of Proprietorship / Partnership/
Private Limited / Public Limited concern Firms, email ID for communication
d) Tenderer is not eligible to participate in the bid as per laid down eligibility
criteria;
e) The Goods offered are not eligible as per the provision of the tender
f) Does not submit valid documents listed in Fee/PreQual cover & Technical
cover.
g) Non-submission or submission of illegible scanned copies of stipulated
documents/ declarations.
h) Stipulated validity period less than 180 days.
i) Particular furnished by tenderer are found materially incorrect or misleading,
such tender shall be rejected and their EMD shall be forfeited and shall be
liable for further action like black-listing etc. Any change occurring within their
institute like change in name of firm, change of partner, change in the
constitution, change in brand name of the product, merger with any other
institutions, contract work, if any, allotted to another firm, any freshly initiated
court case should be promptly intimated to the BMC. If the tenderer fails to
submit such information during the tenure of the contract, that shall invite
legal action and black-listing as well.
j) Even though the Tenderers meet the eligibility criteria, they are subject to be
ineligible if they have:
Made misleading or false representation in the forms, statements &
1)
attachments submitted in proof of the qualification requirements; and / or
2) Record for poor performance such as non-supply of allotted materials,

16
 not properly completing the contract, inordinate delays in completion,
litigation history, or financial failures etc. in BMC.
24. Bidders address :-
 The Bidder's complete address, list of partners with their names and
commercial and residential addresses must be indicated in the tender as
per Annexure - 1.
 Tenderer Participating in this bidding process have to furnish the details as
per annexure – 1
25. The Three Covers system The tenderer should upload tender in Three Covers
system as below.
i. The tenderer should upload tender in Three Covers system as below, so as
to have fair, transparent and timely completion of tendering process.
Tenderers are requested to submit all required documents specified under
each cover while submitting tender itself.
ii. The tender shall be uploaded only by the tenderer with his own digital
signature or authorized representative, in whose name the tender document
is downloaded. Authorization letter of authorized representative shall be
uploaded in Fee/PreQual cover.
iii. All the documents should be strictly uploaded in P.D.F. format
iv. If the tenderer has not uploaded all the required and necessary documents
as prescribed in Fee/PreQual cover & ‘B’ at the time of Bid Submission then
the tenderer shall be intimated to comply with the said requirements through
email on their e-mail id as provided by them in Annexure -1 or on
mahatender portal’s shortfall documents folder. Tenderer in return shall reply
to email or submit self attested, signed, scanned copies of the short
documents asked under Short fall Documents Folder on Mahatender Portal
within 7 working days (excluding weekly & other holidays) from the date of
intimation.
v. The documents which are uploaded in Fee/PreQual cover and Technical
cover with bid original of which, if called, shall be produced for verification
within 3 days. Also if required, BMC may ask any clarification /Documents /
Additional Documents from the tenderer during the tender process. If the
information of short documents (Fee/PreQual cover and Technical cover as
applicable) send by BMC by e-mail on the bidders e mail ID as provided by
them and if the information in regards with the tender if not delivered or short
documents not submitted /information is not received to BMC, for such
lapses, BMC shall not be responsible and it will be treated as noncompliance
of the short fall documents by the bidders. In such case their offer will be
treated as non-responsive.
vi. Valid and correct E-mail ID for communication in respect of the bid shall be
provided in Annexure-1 by the bidder. It is the responsibility of the bidder to
provide the correct e-mail address in the annexure.
All the communication regarding tender will be done on this E-mail ID only.
Bidders will also make all communication from E-mail ID specified in
Annexure-1 only. Any communication received from other E-mail ID will not
be considered as valid one. During tender process if E-mail ID specified in
Annexure-1 is changed then the bidder shall intimate the same to the
concerned well in advance.
vii. The tenderer shall not disclose / quote the rate of the items in Fee/PreQual

17
 cover / B (Bill of Entry, Purchase Orders). (Any price / Rupees / Amount
should be masked). The document where price / Rupees / Amount are not
masked will not be accepted and item will be considered Non Responsive.
viii. The tenderer must scan and upload the currently valid documents including
the due date and time of tender
ix. The tenderer shall submit all the information /declarations/ affidavits
mentioned in respective annexure.
x. All Annexure(s) shall be physically signed as per their respective conditions
and uploaded.
xi. All addendums /corrigendum shall be uploaded along with tender document
I Fee/ Prequal/ Technical Bid Cover Contains following sub covers:-
a) Fee/ PreQual Cover :- The bidder shall upload scanned copy of online paid
Tender Fee and EMD along with the Bid Submission in Fee Cover.
b) Fee/ PreQual Cover / Administrative Bid (Packet – ‘A’):
The following Documents shall be submitted in the Packet 'A':-
1. Particulars about the Tenderer (Annexure –1)
2. Tender form (Annexure- 2)
3. Undertaking to be signed by the Tenderer (Annexure-3a)
4. Undertaking to be signed by the Manufacturers (Annexure- 3b) of the
Bidders
5. Authorization letter for attending tender opening (Annexure-6)
6. Articles of Agreement (Annexure 7)
7. Annexure- 8 Authorization Letter for Downloading and Uploading Tender
8. Annexure 9 Grievance Redressal Mechanism
9. Annexure- 10 Form of integrity pact
10. Annexure- 11 Declaration by the tenderer regarding HSN Code & GST
Tax %
11. Annexure- 13 Details of criminal cases history Declaration shall be
submitted by the tenderer on Rs.500/- stamp paper.
12. Annexure- 14 Undertaking cum Indemnity Bond
13. Tender document (except Annexures and only Mahatender copy should
be uploaded.)
14. Firm/ Company/ Sanstha Registration Certificates.
i) Company Registration Certificate, articles of association as the case
may be.
ii) Certified copy of latest partnership deed in case of partnership firm.
15. Solvency certificate
The tenderer should upload solvency certificate for minimum of Rs.30
Lakhs from the Nationalized/Scheduled/Foreign bank. The issue date
should not be more than 6 month prior to the due date of the tender and
the same will be considered valid for 12 months from the date of issue.
16. GST Registration Certificate (as applicable).
17. PAN CARD
a) Tenderer’s own PAN Card in case of individual / Dealers/Supplier
/Distributor/ agent etc.
b) In case of Company or firm
i) PAN Card of proprietor in case of proprietary /Ownership firm

18
 ii) PAN Card of Company in case of Private limited Company-
iii) PAN Card of a firm in case of Partnership firm
c) PAN Card of the Sansthas /Societies /Trust which are registered
under Public Trust Act 1950 / Registration Act 1960 / The Maharashtra
Co. Op Society Registration Act 1960 (whichever is applicable)
d) However, in case of public limited companies, semi government
Undertakings, government undertakings, no PAN documents will be
insisted.
Note :- In case if PAN Card is without photograph then latest
photograph of any one of the directors / Person holding power of
Attorney shall be uploaded along with PAN Card.
18. C.A.’s certificate for Turnover of the tenderer
19. Bidder shall submit Irrevocable Undertaking on Rs.500/- stamp paper as
per ‘Annexure-A’.
c) Technical Cover/ Technical Bid (Packet B)
The following Documents shall be submitted in the Technical cover :-
1. Annexure- 4a, 4b, 4c and 4d (whichever is applicable).
2. Past performance/ experience certificate. (Annexure – 5 and 5 a)
Past Performance or Experience Certificate should be in the name of
Bidder/manufacturer.
3. ISO 9001 - 2015 or latest version of ISO 9001 - 2015 Registration
certificate
4. Annexure 12 – Details of Litigation history.
II Finance Cover / Commercial Bid (Packet C)
The BOQ template must not be modified/ replaced by the bidder and the
same should be uploaded after filling the relevant columns, else the bidder is
liable to be rejected for that tender. Bidders are allowed to enter the Bidder
Name and Values only.
Rates accepted by BMC are inclusive of taxes only but while filling the
BOQ, bidders must fill basic rate in Column ‘M’ and applicable GST in
Column ’N’ to evaluate the Final rate. It is mandatory for bidder to fill
both these columns. If bidder fails to mention the GST % in specified
column or have filled the inclusive rates in Basic rates column then
their rates will not be considered for final evaluation and their offer will
be made non-responsive.
** All the documents uploaded in Fee/ PreQual Cover, Technical Cover &
Finance Cover should be digitally signed.**

NOTE :
a) ) While quoting the basic prices it must be inclusive of all taxes, All
Duties, levies, Cess etc. The GST shall be quoted separately as
mentioned above. The rate quoted will be taken into consideration for
evaluation and price comparisons.
b) While making payment ; the concern BMC Authority will ensure and
verify the GST,GSTN,HSN NO. payment receipts conforming the name
of the Manufacturer / Supplier and description of the material.
c) The Evaluation and thereafter the allotment of the Bidders will be
done on the basis of overall lowest of all items.

19
26. Taxes and Duties :-
G.S.T. and other state levies/cess which are not subsumed under GST will
be applicable. The tenderer shall quote inclusive of all taxes. It is clearly
understood that BMC will not bear any additional liability towards payment of any
Taxes & Duties. Wherever the Services to be provided by the Tenderers falls
under Reverse Charge Mechanism, the price Quoted shall be exclusive of GST,
but inclusive of Taxes / Duties / Cess other than GST, if any.
Rate accepted by BMC shall hold good till completion of work and no
additional individual claim shall be admissible on account of fluctuations in market
rates , increase in taxes/ any other levies/ tolls etc. except that payment/ recovery
for overall market situation shall be made as per price Variation and if there is
any subsequent change(after submission of bid) in rate of GST applicable
on work/services to be executed as per tender, i.e. any increase will be
reimbursed by BMC where as any reduction in the rate of GST shall be
passed on to BMC as per provisions of the GST act.
As per the provision of Chapter XXI-Miscellaneous section 171(1) of
GST Act, 2017 governing ‘Anti Profiteering Measure’ (APM), ‘any reduction
in rate of tax on any supply of goods and services or the benefit of input tax
credit shall be passed on to the recipient by way of commensurate
reduction in prices’.
Accordingly, the contractor should pass on complete benefit accruing to
him on account of reduced tax rate or additional input tax credit to BMC.
Further, all the provisions of GST Act will be applicable to the tender.
27. Pre-bid Meeting :
The pre-bid meeting will be held at venue - Conference hall, 1’st Floor, Central
Purchase Department, 566, N.M.Joshi Marg Byculla, Mumbai-400011. The
prospective tenderer(s) should submit their suggestions/observations, if any, in
writing minimum 2 days before Pre-bid meeting. Only suggestions/observations
received in writing will be discussed and clarified in pre-bid meeting and any
modification of the tendering documents, which may become necessary as a
result of pre-bid meeting, shall be made by BMC exclusively through the issue of
an addendum/corrigendum through Municipal Web site only. The tender
uploaded shall be read along with any modification. Authorized representatives of
prospective tenderer(s) can attend the said meeting and obtain clarification
regarding specifications, works & tender conditions. Authorized representatives
should have authorization letter to attend the pre-bid meeting.
Non attendance at pre-bid meeting shall not be a cause for disqualification of the
tenderer. The suggestions / objections received in pre bid meeting may not be
considered, if the same are not in consonance with the requirements of the
tender/ projects.
28. Procedure for the opening of the tender covers :-
Fee/PreQual cover (Administrative bid) & Technical cover (Technical Bid) will
be opened online simultaneously on the due date and due time as stated in
website, when the tenderer or his authorized representative will be allowed to
remain present. Finance cover will be opened only if the administrative &
technical offer in Fee/PreQual cover, Technical cover & satisfactory test reports of
tender samples are acceptable. In case the administrative and technical offer in
Fee/PreQual cover, Technical cover & satisfactory test reports of tender samples
are found not acceptable or found incomplete and those who fail to pay

20
 applicable EMD, Tender fee, then Finance cover will not be opened and offer will
be kept out of consideration.
The date and time of the opening of Finance cover will be intimated to the
responsive tenderer via mail. No complaint for non receipt of such intimation will
be entertained.
29. Evaluation of the tender:-
i. After opening of Fee/PreQual cover & Technical cover, on the scheduled
date and time, contents of the tenders received online through e-tendering
process along with all prescribed mandatory documents will be examined.
The scrutiny shall be on the basis of submitted substantiation documents.
ii. Any bid that does not meet the bid conditions laid down in the bid document
will be declared as not responsive and such bids shall not be considered for
further evaluation. However, the tenderers can check their bid evaluation
status on the website. EMD of nonresponsive bidder will get refunded on
finalization of status on Mahatender Portal.
iii. Bids which are in full conformity with bid requirements and conditions shall
be declared as responsive bid for opening price bid on the website and price
bid of such tenderers shall be opened later, on a given date and time.
iv. The documents which are uploaded in Fee/PreQual cover & Technical cover
with Tender original of which, if called, shall be produced for verification
within 3 days. Also if required, B.M.C. may ask any clarification / Additional
Documents from the tenderer during the tender process.
30. Payment of Testing Charges and Submission of Tender samples for Testing

1) Responsive tenderers in Fee/PreQual cover and ‘B’ shall be informed by e-mail

given by them in Annexure-1, to submit 3 sample sets and to pay testing charges
for 2 sets within 3 working days as specified in the mail.
2) Accordingly tenderer shall pay testing charges (for 2 sets incl. 10% admn.
charges) in DD/Pay order at CFC in any ward. For the payment of testing
charges, the copy of the challan shall be obtained from this office. (Testing
charges will be intimated after pre-bid in Corrigendum.)
3) The tenderer shall submit receipt of payment of testing charges along with 3
identical set of samples as mentioned below in 3 working days, in the office of the
Dy. Ch. Eng.(CPD), 566, N. M. Joshi Marg, Byculla (West), Mumbai-400 011 as
per e-mail received from Dy. Chief Engineer (CPD).
4) If bidder fails to pay the required Testing charges as mentioned above and
failed to submit the samples as prescribed in specified period, his offer will be
treated as non-responsive. Further, EMD paid by him shall be forfeited and/or
penal action such as blacklisting may be taken against the bidder.
5) Tenderers must submit 3 identical set of samples as mentioned below and as
per shade /design / specification and as per our indicative store sample in the
Office of the Dy. Ch. Eng.(CPD), 566, N. M. Joshi Marg, Byculla (West), Mumbai
- 400 011 within 3 days from date of receipt of e-mail from Dy. Chief Engineer

21
 (CPD) after opening of Fee/PreQual cover.
The testing of samples will be carried as per Section 9. Annexure for
Testing.
Each set consist of,
a) Any one basic suiting fabric - must be 2 meter length
b) One Uniform set (Any age group) consisting of Full Pant, Full Shirt, RSP
Waist belt, Cap Beret, Shoulder title, Side Arm band, Lanyard
6) The three separately sealed sets of samples (i.e. each set consisting of all
basic fabric, set of uniforms) shall be packed in single carton box having name
of the bidder and the bid no. along with subject of the tender. The size of label
shall be approximately 10cm x 5cm.
7) Please see the approved store samples before submitting the Tender samples.
8) The samples received after date & time specified in e-mail sent by the office of
the Dy.Ch.Eng (CPD), shall not be accepted.
9) Out of three tender samples, two tender samples of all the bidders will be sent
for testing in laboratory.
10) On demand, the tenderers have to pay the difference of testing charges, if
any, as admissible including 10% administrative charges within four days from
receipt of intimation letter from Dy. Chief Engineer (CPD) failing which their
tender will be rejected outright and action as deemed fit will be initiated against
them.
11) Report of approved Laboratory on tender samples of the bidder sent for
testing by BMC will be considered as final and no correspondence will be
entertained in this regard.
12) If test report of both the sample sets of bidders sent for testing to Govt.Lab
/Govt. approved Lab/Lab having NABL accreditation (for that particular item) are
found “satisfactory”, i.e. found as per BMC specification and requirements, then
their Finance cover will be opened.
13) However, if any one sample set out of two sample sets of bidders sent for
testing to Govt.Lab/ Govt. approved Lab/Lab having NABL accreditation (for that
particular item) is not found “satisfactory”, i.e. not found as per BMC specification
and requirements, then their Finance cover will not be opened even though he is
responsive in Fee/PreQual cover & Technical cover.
14) If Samples are not satisfied/ failed in Lab test, the tenderer will be treated as
non responsive for this tender and the EMD proportionate to the estimated cost of
items failed in testing, shall be forfeited.
15) The sample submitted by the tenderers will be used for testing etc. and
therefore, will not be returned to the tenderers and the cost thereof will not be
reimbursed.
16) If the testing charges obtained from responsive bidders are in excess than
actual amount of testing, the excess amount will be refunded after deducting 10%
administrative charges.
31. Inspection Visit :-
The successful bidder shall have to arrange the Industrial Visit at their

22
 manufacturing site of minimum two BMC officers at bidder’s own expenses within
a period of 10 working days from the date of letter of intimation from the
concerned BMC officer.
32. Internal Grievance Redressal Mechanism :-
B.M.C. has formed ‘internal Procurement Redressal Committee’ for the Redressal
of grievances of bidders/prospective bidders/ related to procurement. The
bidders/complainants can approach ‘internal Procurement Redressal Committee’
for Redressal of their grievances by paying fees of Rs.25000/- within 7days from
date of intimation. The details of ‘internal Procurement Redressal Committee’ are
given in Annexure-09.
However, Municipal Commissioner has right to reject the request of bidder
to allow to approach for Procurement Redressal Committee.
33. Price Negotiation :-
The BMC reserves its right to negotiate with the lowest acceptable tenderer (L-1),
who is techno-commercially suitable for supplying bulk quantity and on whom the
contract would have been placed but for the decision to negotiate.
34. Acceptance of Tender/ Award of Contract :-
The decision of the Municipal Commissioner shall be final and binding. Municipal
Commissioner, do not pledge himself to accept the lowest or any tender and
reserves the right to split the quantity amongst the eligible tenderers and to
relax/stringent any of the conditions of the tender without assigning any reason.
The Municipal Commissioner Reserves right to reject any or all tenders without
assigning any reason.
35. Integrity Pact (If Applicable) :-
The bidder must upload in Fee/PreQual cover, the agreement of integrity pact as
per attached annexure-10 duly signed and stamped on Rs.500/- stamp paper
duly notarized.
The tenderer shall offer the best prices for the subject supply/work as per the
present market rates and that the bidder should not have offered less prices for
the subject supply/work to any other outside agencies including Govt./Semi Govt.
agencies and within the BMC also. Further, the tenderer has to fill in the
accompanying tender with full knowledge of the above liabilities and therefore
they will not raise any objection or dispute in any manner relating to any action
including forfeiture of deposit and blacklisting, for giving any information which is
found to be incorrect and against the instruction and direction given in this behalf
in this tender.
In the event, if it is revealed subsequently after the allotment of work/ contract to
tenderer, that any information given by tenderer, in this tender is false or
incorrect, he shall compensate the Brihanmumbai Municipal Corporation for any
such losses or inconveniences caused to the Municipal Corporation, in any
manner and will not resist any claim for such compensation on any ground
whatsoever. Tenderer/tenderers shall agrees and undertake that he/they shall not
claim in such case any amount, by way of damages or compensation for

23
 cancellation of the contract given to them or any work assigned to them if it is
withdrawn by the Corporation."
36. Period of Contract:
The period of contract shall be three years from the date of issue of Acceptance
letter as mentioned in preamble.
37. This tendering process is covered under Information Technology Act & Cyber
Laws as applicable.

38. Quantity
The Corporation agrees to purchase the articles valued at not less than 25
percent of the total amount of the contracts.

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 SECTION 7: GENERAL CONDITIONS OF CONTRACT

The General Conditions of Contract (G.C.C.) contained in this section are to be read in
conjunction with the other section in the tender.
1. Contract:-
Contract means the Contract Agreement entered into between the Purchaser, henceforth
called Brihanumbai Municipal Corporation of Greater or BMC, and the Supplier, together
with the Contract Documents. The Contract and the term ‘The Contract’ shall in all such
documents be construed accordingly.
The ‘Contract Document’ means the entire document along with any attachments and all
documents forming part of the Contract (and all parts of these documents) are intended
to be correlative, complementary and mutually explanatory. The contract shall be read
as a whole.
The Contract Agreement means the agreement entered into between the BMC and the
Supplier. The date of the Contract Agreement shall be recorded in the signed form.
Tenderer must distinctly understand:
That they shall be strictly required to conform to the conditions of this contract as
contained in each of it clauses and that the plea of “custom prevailing” shall not on any
account be admitted as an excuse on their part for infringement of any of the condition.
The contract entrusted to the successful tenderer shall be subject to “Force Majeure
Clause” as per Section 56 of Indian Contract Act restricting to the case of natural
calamity such as earthquake, storm floods or rising of war by any country.
2. Contract Documents:-
The following documents shall be considered an integral part of the contract,
irrespective of whether these are not appended / referred to in it.
1) Letter of Acceptance
2) The Contractor's Bid
3) Addendum/Corrigendum to Bid, if any
4) Tender Document
5) The Bill of Quantities / Finance cover
6) The scope of work and specifications
7) The General conditions of Contract
8) The General Instructions and conditions to tenderers
9) Final written submissions made by the contractor during negotiations, if any
10) All correspondence documents between bidder and BMC.
11) All Annexure
3. Contract Deposit / Performance Security:-
i. The Successful tenderer (Contractor) shall have to pay Contract Deposit @ 5% of
total contract cost, within 30 days from the date of issue of Letter of Acceptance
(LoA).
ii. The contract deposit / Performance Security shall be paid either in the form of
Demand Draft (DD) or Bankers’ Guarantee from bank
iii. Bankers Guarantee (B.G.) shall be issued from the Banks listed by Reserve Bank
of India on their website:- ‘rbidocs.rbi.org.in/rdocs/publications/pdfs/84656.pdf’.
The B.G. shall be acceptable from these banks (except IDBI bank) and all
branches of these banks situated within Mumbai limit and up to Kalyan and Virar.
iv. The B.G. issued by branches of approved Banks beyond Kalyan and Virar can be
accepted only if the said B.G. is countersigned by the Manager of a Branch of the
same bank, within the Mumbai City limit categorically endorsing thereon, that, the
said B.G. is binding on the endorsing Branch of the Bank or any of the branch of
bank within Mumbai limits and is liable to be enforced against the said Branch of
the Bank in case of default by the contractor/supplier furnishing the banker’s
guarantee.

25
 v. The performance B.G. shall remain valid for a period of 6 months beyond the date
of completion of all contractual obligations including warranty and AMC/CMC (if
applicable) obligations.
vi. The B.G. shall be retained 6 months after completion of contract period.
vii. The successful bidder shall have to pay Stamp Duty on B.G. as per the
Maharashtra Stamp Act at prevailing rate which is 0.3% at present on total cost.
The renewed B.G. shall be treated as new B.G. and it is necessary to pay fresh
Stamp Duty.
viii. The BMC shall be entitled, and it shall be lawful on its part, to deduct from the
performance securities or
a. to forfeit the said security in whole or in part in the event of:
i. any default, or failure or neglect on the part of the contractor in the
fulfillment or performance in all respect of the contract under reference
or any other contract with the BMC or any part thereof
ii. for any loss or damage recoverable from the contractor which the BMC
may suffer or be put to for reasons of or due to above defaults/ failures/
neglect
b. and in either of the events aforesaid to call upon the contractor to maintain
the said performance security at its original limit by making further deposits,
provided further that the BMC shall be entitled, and it shall be lawful on his
part, to recover any such claim from any sum then due or which at any time
after that may become due to the contractor for similar reasons.
4. Refund of contract deposit:-
Contract deposit will be refunded without interest 6 months after satisfactory completion
of contract period and after contractor duly performs and completes the contract in all
respects.
5. Place of Delivery
The articles/provisions so indented for, unless otherwise specified, shall be delivered by
the Contractors at the indenting office of BMC, located within the limits of Greater
Mumbai or outside city divisions as may be mentioned in the respective indents for the
same and all charges for the carriage and delivery thereof, and stacking to or at such
place or places, measuring the quantities in the manner specified testing qualities and
soundness of materials for workmanship of all parts of the said articles at the time of
delivery in such manner as may be directed by the authorized Municipal officer, replacing
damaged or defective part/s of the articles shall be borne by the Contractors. No
expenses and no risk of any description shall be borne by the Corporation until actual
delivery of the materials shall have been taken by the Corporation. The Contractors shall
exercise all possible care while delivering and stacking the materials within BMC’s
premises. The cost of any damage done by the Contractors or their agents to BMC’s
property while delivering and stacking the materials shall be recovered from their bills or
any other outstanding dues. The materials shall be delivered by the contractors as per
the convenience of the individual user department.
6. Quality
All articles supplied by the Contractor/s in accordance with this contract, shall be new
and of the best quality of their respective kinds, in accordance with the Municipal
samples or specifications, if any and of the exact size, kind and description required and
shall be subject to the approval of the party or parties signs the same and in case of their
not being approved shall be liable to be rejected.
7. Signing & Execution of Contract :-
I. In the event of the tender being accepted and issue of the Letter of Acceptance
(LoA) to the successful bidder (Contractor), full amount of the contract deposit
must be paid and The contract must be signed by proprietor of the firm in case
of proprietary firm / all the partners of the firm. If one or more partners are not

26
 available for this purpose, the signatory must produce a power of attorney
authorizing him to sign on behalf of the absent partners. All Such power of
attorney need be registered in the office of the Chief Accountant and Dy. Chief
Engineer (C.P.D.) should be informed accordingly.
II. In case of joint stock Company the contract must be sealed with the seal of the
company in the presence of and signed by two Directors or by person duly
authorized to sign the contract for the company by a power of Attorney. All such
power of attorney must be registered in the office of the Chief Accountant and
Dy. Chief Engineer (C.P.D.) should be informed accordingly.
III. Contractor shall pay contract deposit / performance security, legal & stationary
charges, stamp duty etc. and submit signed contract documents within 30 days
from the date of issue of Letter of Acceptance and thereafter a fine for delay
Rs.5000/- per day will be imposed up to maximum 7 days.
IV. If the contractor fails submit signed contract documents along with contract
deposit / performance security, legal & stationery charges, stamp duty etc.
within the above stipulated time (i.e. 37 days including penalty period of 7 days,
the above mentioned fine plus entire EMD amount will be forfeited and the
tender already accepted shall also stand rejected.
If Bidder fails to execute written contract then tenderer shall be blacklisted. His/
Her tender shall also stand rejected Without the contract being executed, no
bills shall be admitted for payment.
V. The contract shall be signed and entered into after receipt and verification of
requisite performance security, contract documents by the BMC authority
empowered to do so.
VII. The contract shall be executed as per the MMC Act.
8. Payment of legal and stationery charges:-
These charges are to be paid by the successful bidder on receipt of acceptance letter for
the supply of the material as per prevailing circular.
This can change and the successful tenderer shall have to pay the applicable legal
charges at the time of award of contract with applicable GST
9. Stamp duty:-
The contract agreement shall be adjudicated for the payment of stamp duty by
successful bidder and accordingly the successful bidder shall have to pay the stamp duty
on contract agreement as per the Government Directives.
The Stamp Duty payable on the Contract Value shall also be paid to Government as per
the provisions of “Stamp Duty Act 1958” (amended till date).
10. The Successful Tenderers must distinctly understand:-
a. That they shall be strictly required to conform to the conditions of this contract as
contained in each of it clauses and that the plea of “custom prevailing” shall not on
any account be admitted as an excuse on their part for infringement of any of the
condition. The contract entrusted to the successful tenderer shall be subject to
"Force Majeure Clause" as per Section 56 of Indian Contract Act restricting to the
case of natural calamity such as earthquake, storm, floods or rising of war by any
country.
b. The contractor must proactively keep the BMC informed of any changes in its
constitution/ financial stakes/ responsibilities during the execution of the contract.
c. The contract has been awarded to the contractor based on specific eligibility and
qualification criteria. The Contractor is contractually bound to maintain such
eligibility and qualifications during the execution of the contract. Any change which
would vitiate the basis on which the contract was awarded to the contractor should
be pro- actively brought to the notice of the BMC within 7 days of it coming to the
Contractor’s knowledge.
d The contractor shall not sublet, transfer, or assign the contract or any part thereof or
interest therein or benefit or advantage thereof in any manner whatsoever.

27
11. Purchase Order:-
Purchase Orders will be placed by A.O. (Schools)/Education Dept.
12. Delivery:
The Tenderer should give free delivery to the respective each school or the case may be
within Jurisdictions of MCGM within 60 days from the date of placing the orders along
with school-wise details of requirement of which would form an integral part of the order
placed.
During the delivery, the bidder shall clearly mention the batch nos. on the delivery
challans, which will facilitate the user department/ CPD during sampling of the material.
Material without batch no. on delivery challan will not be accepted.
13. Supply Testing
1) One sample from supply lot from schools/bidders storage facility will be drawn on
random basis, jointly by the representative of CPD, representative of user Dept. and
the representative of supplier for testing through Govt.Lab /Govt. approved Lab/Lab
having NABL accreditation (for that particular item).
2) Probability of sample testing shall be
i) For three years contract period with two years of supply: - Six times.
ii) For three years contract period with one year of supply: - Three times.
iii) However, the Municipal Corporation reserves its right to test the material, as and
when required.
3) If the test report of the supply sample is not found as per tender specifications, the
supply shall be rejected and
i) If the default committed by the tenderer/supplier is of first time he is liable for
penalty up to 20% of the total purchase cost and
ii) If the default committed is of second time, the firm shall be blacklisted for a
period of three years and
iii) If the default committed is of third time or more than that, the firm shall be
permanently blacklisted.
4) The supplier shall quote lot number for his supply.
5) Test report of Govt.Lab /Govt. approved Lab/Lab having NABL accreditation (for that
particular item) of supply sample sent for testing by BMC will be considered as final
and no correspondence will be entertained in this regard.
6) The supply sample will be used for testing etc. and therefore, will not be returned to
the Tenderer and the cost thereof will not be reimbursed.
7) The sample from the supply lot will be got tested at Municipal Cost and in the event of
failure, the testing charges will be recovered from the contractor’s bill pending with
the Corporation.
8) The test results will be circulated to all departments who have received material from
the supplied lot.
9) The Sample from the supply destroyed in testing is to be replaced free of cost by the
supplier.
10) Necessary action regarding defective supply/incomplete supply/delay supply and
dispute if any, with the vendor shall be resolved by the user department with the help
of the competent authority.
11) No payment should be made to the contractor unless the samples from the supplied
lot are found as per BMC specifications and requirements.
14. Penalty:-
If the contractor fails to comply with the work/ service/ purchase order within the
delivery period stipulated, the municipal Commissioner/ D.M.C.(C.P.D) / Purchasing
Officer shall exercise his discretionary power either :-
a) To recover from contractor as agreed, the liquidated damages or by way of penalty a
sum not exceeding half percent of the price of the equipment/ material which the
contractors has failed to deliver as aforesaid per week or part thereof during which
the delivery of such equipment / material may be in arrears subject to maximum limit

28
 @ 10% of the balance amount of the stipulated price of the equipment undelivered.
Such penalty is to be deducted always by the consignee from the contractors
balance bill, B.G. or EMD or any money due to the contractor from BMC. OR
b) To purchase from elsewhere after giving due notice to the contractor on that account
and at his risk, stores not delivered or otherwise of a similar description without
cancelling the contract in respect of the consignment not yet due for delivery. OR
c) To cancel the contract and orders and forfeiture of EMD, contract Deposit and
blacklisting the firm/company along with their partners/ directors.
15. Consequence of inferior supply:-
Tenderer/contractor shall have to replace the rejected materials which are found of
inferior quality, or not as per specifications. Replacement shall be done within 15 days
from intimation from the concerned department, at the cost & risk of the contractor and
also liable to pay the fine imposed by the Municipal Commissioner, failing which Earnest
Money Deposit & Contract Deposit of the contractor shall be forfeited & the tenderer
shall be liable for penal action including black-listing etc. In addition to the forfeiture of
the Earnest Money Deposit & Contract Deposit, if any fine is imposed by the Municipal
Commissioner, the same shall be payable by the tenderer immediately on demand,
failing which the same shall be recovered from other dues payable to the contractor from
the Municipal Corporation.
16. Fitment Replacement OR Rejected Materials Tenderer/contractor shall have to replace
the Uniforms and Socks which are not as per required sizes of the students with
Uniforms and Socks which are as per the sizes of the students. The tenderer/contractor
shall also have to replace the rejected items with approved one. Replacement shall be
done within 15 days from intimation from the concerned schools failing which penalty
would be levied at the sole discretion of BMC and the same will be disposed off by
B.M.C. at the risk and cost of contractors without any further correspondence in this
regards.
17. Rejection & appeal
Dy. Ch.E. (CPD) or the purchasing officer, shall not be bound to assign any reason in
case of his rejecting the materials or articles supplied by the contractors, but the decision
of the said rejecting authority shall be subject to appeal to the Commissioner, whose
decision as to Whether the said articles shall be accepted or rejected shall be final and
binding on the Contractor(s).
18. Fees :-
The contractors shall pay such fees as may be decided to be levied by the
Commissioner in connection with the inspection, and field /or laboratory tests of materials
supplied by the contractors. Such payment will, however, be enforced only in the event of
the articles supplied and analysed, being found to be inferior to specifications or
stipulated quality. Unless otherwise stated elsewhere in this contract, the materials
destroyed partly or fully, during the process of inspection or testing shall be replaced by
the contractor free of cost.
19. Risk & Cost Purchase :-
In case the Contractor/s, shall at any time during the continuance of these presents fail
to supply satisfactorily the equipment within the prescribed time as herein provided and
or in case shall fail at once to replace any part/s that may have been rejected as herein
provided with other of approved quality, the Municipal Commissioner shall be at liberty
forthwith to procure the same in the open market at the risk and cost of the contractor/s.
Similarly if the work underlying the contract is not executed satisfactorily within the
stipulated period or after the same having been disapproved wholly or partly is not
rectified or re-done to the satisfaction of the Officer in Charge within the said specific
period, the Commissioner shall get the same executed or rectified or re-done through
any other agencies, at the entire risk of the contractor/s as to cost and consequences.
The extra cost thereof (if any) and all expenses thereby incurred, which shall include
charges of 5% minimum to a maximum of 15 % shall be payable by and/or may be

29
 deducted from any moneys due or become due to the Contractor/s under this or any
other contract/s between the Contractor/s and the Corporation. The Commissioner may,
however, fix such other subsequent date as he may think fit by which the delivery of the
said article and or execution of the said work shall be completed.
20. Articles can be brought from elsewhere.
The Corporation shall be under no obligation to purchase from the contractors all or any
of the articles specified in the said schedule or otherwise, but only such articles and
those in such quantities, as may from time to time be indented for on the contractors by
the purchasing Officer. The Commissioner has the option of purchasing any of the
articles from the market or other Contractors or elsewhere.
21. Submission of Bill
The Contractor/s shall on completion of the delivery of the articles or completion of the
work mentioned in the respective order, present his/their bills in duplicate to the
purchasing officer within 8 days from the date of the completion of such delivery/work.
22. Monetary dealings with the Municipal Employees
The Contractor/s shall not lend to, or borrow from, or have or enter into any monetary
dealings or transactions, either directly or indirectly, with any Municipal Employees, and if
he / they or any of them shall do so, the Municipal Commissioner shall be entitled to
forthwith terminate this contract and forfeit the Earnest Money Deposit / Contract Deposit
without prejudice to the other rights and remedies of the Corporation, claim damages
from the Contractor/s for the breach of the Contract.
23. Blacklisting:-
The firm shall be black-listed, if it is found that: -
i) Forged documents are submitted OR
ii) If it becomes responsive on the basis of submission of bogus certificate/information.
OR
iii) In case of non-supply of equipment / accessories or supply of substandard quality or
supply of equipment / accessories found to have been previously used or having
reconditioned parts.
24. Contract Postponement:-
Postponement of the payment of the full contract deposit or the execution of the contract
will not be permitted by the reason of the Brihanmumbai Municipal Corporation having in
possession of other deposit on account of other tenders or contract, which deposits may
be or become returnable to the tenderer and which they may wish to transfer as a
contract deposit under this contract. Such transfers will not, under any circumstances,
be permitted.
25. Secrecy:-
The contractor shall take all reasonable steps necessary to ensure that all persons
employed in any work in connection with the contract, who obtains in the course of the
execution of the contract, any matter whatsoever, which would or might be directly or
indirectly of use to any person not connected with the contract, should treat it as secret
and shall not at any time communicate it to any person. Any breach of above said
condition shall be a sufficient cause to cancel the contract and The Municipal
Commissioner shall be at liberty to purchase the same material at the risk and cost of the
contractor.
26. Compliance with security Requirement:-
The Contractor shall strictly comply with the security Rule of the BMC in force and shall
complete the required formalities including verification from Police and any other
authorities if any and obtain necessary prior permission for entry into the premises.
27. Confidential Information:-
The drawings, specifications, prototype, sample and such other information furnished to
the contractor relating to the supply of general items shall be treated as confidential and
shall not be divulged to any third party. It shall remain the property of BMC. If, during the
process of execution of the contract, any improvement, refinement or technical changes

30
 and modifications are affected by the contractors, such changes shall not affect the title
to the property and all the information, specifications, drawings etc. including the
improvement/modifications effected by the contractor shall continue to be the property of
the BMC.
28. Payment condition:-
Payment will be made within 30 days from the date of satisfactory test report received
from Laboratory, submission of the bills thereof and submission of all documents for
execution of contract.
Tenderers are informed that the payment of the bills and other claims arising out of the
contract shall be made in the name of their bank by account through RTGS/NEFT only.
Successful tenderer , therefore, shall have to furnish the information as regards the
name and complete address of their bank, its branch and their Bank A/c. No. etc. along
with the tender documents. Such Bank account must be in any Nationalized Banks or
Schedule Commercial Banks or Scheduled Co-Op. Banks or Foreign Banks in Mumbai
jurisdiction. Contractor shall fill up vendor master creation form and submit to C.A. (CPD)
along with registration fee of Rs.100/- for creating Vendor’s Master. They also have to
submit fresh information when any subsequent change in the name of the firm and
address of firm, the contractor/supplier must intimate such changes with relevant
documents and a fee of Rs. 5000/- per change as administrative charges for effecting
such changes in BMC records.
NOC of vigilance Dept. as the case may be will required at the time of releasing
final payment.
29. Fall Clause:-
The Tenderer/contractor undertakes that it has not quoted similar products in the past six
months in the Maharashtra or any other State of India for quantity variation up to -50%
or +10%, at a price lower than that offered in the present Tender in respect of any other
Ministry / Department of the government of India or PSU or BMC and if it is found at any
stage that similar products was supplied by the TENDERER/ contractor to any other
Ministry / Department of the Government of India or a PSU or BMC at a lower price, then
that very price will be applicable to the present case and the difference in the cost would
be refunded by the TENDERER / contractor to the BMC, if the contract has already been
concluded, else it will be recovered from any outstanding payment due to the Contractor
from BMC.
30. Subsequent Legislation:-
If on the day of submission of bids for the contract, there occur changes to any National
or State stature, Ordinance, decree or other law or any regulation or By-laws or any local
or other duly constituted authority or the introduction of any such National or State
Statute, Ordinance, decree or by which causes additional or reduced cost to the
Contractor, such additional or reduced cost shall, after due consultation with the
Contractor, be determined by the concerned Engineering Department of BMC and shall
be added to or deducted from the Contract Price with prior approval of competent
authority and the concerned Engineering Department shall notify the Contractor
accordingly with a copy to the Employer. BMC reserve the right to take decision in
respect of addition/reduction of cost in contract.
31. Corporation’s lien over all moneys due to the Contractor or his deposit :-
The Corporation shall have a lien on and over all or any moneys that may become due
and payable to the Contractor under these present and or also on and over the deposit
or security, amount or amounts made under this contract and which may become
repayable to the Contractor made the conditions in that behalf herein contained, for or in
respect of any debt or sum that may become due and payable to the Corporation by the
Contractor either alone or jointly with another or others and either under this or under
any other contracts or transactions of any nature whatsoever between the Corporation
and the Contractor and also for or in respect of any Municipal Tax or Taxes or other
money which may become due and payable to the Corporation by the Contractor either

31
 alone or jointly with another and others under the provision of the Mumbai Municipal
Corporation Act, or any other Statutory enactment or enactment in force in modification
or substitution thereof. AND further that the Commissioner on behalf of the Corporation
shall at all times be entitled to deduct the said debt or sum or tax due by the Contractor
from the moneys, security or deposit which may become payable or returnable to the
Contractor under these presents provided however that nothing in this clause shall apply
to any moneys due and payable by the Contractor in his/ their capacity as a trustee/s
either alone or jointly with others. The provisions of this conditions shall also apply and
extended to the Banker‘s Guarantee if any given by the Contractor either in addition to or
in substitution of the cash or contract deposit to be made under this contract.
30. Commissioner’s direction & decisions to be final and binding:-
The directions, decisions, certificates, orders and awards given and made on such
reference as aforesaid of the Commissioner (which said direction, decisions, certificates,
orders and awards respectively may be made from time to time) shall be final and
binding upon the Corporation and the Contractor and shall not be set aside on account of
any technical or legal defects therein or in the Contract, or on account of any formality,
omission, delay or error of proceedings or on any ground or for any pretence,
suggestion, charge insinuation of fraud, collusion or confederacy or otherwise,
howsoever, and it shall not be competent for the contractor of the Corporation to expect
to any hearing or determination before or of the Commissioner or to any certificate, order
or award by the Commissioner on the ground of any want of jurisdiction or excess of
authority or irregularity of proceeding, but all matter made the subject of any such
hearing or determination or included in any certificate, order or award, and whether of
retrospective or prospective operation or effect, shall be deemed to have been properly
submitted to the Commissioner and be taken to have been properly adjudicated upon.
31. The Commissioner not compellable to defend or answer any suit relating to any
certificate or award made by him:-
The Commissioner shall not be made party to be required to defend or answer any
action, suit or proceeding at the instance of the Corporation or the Tenderer nor shall be
compellable by any proceeding whatsoever to answer or explain any matter relating to
any certificate or award made by him or to state or show how or why or on what grounds
he settle, ascertained or determined or omitted to settle, ascertain or determine in any
manner whatsoever, nor shall he be compellable to state or give his reasons for any
proceeding whatsoever which he may take or direct to be taken in or about, or show to
any person or persons for any purpose whatsoever any document whatsoever or any
calculations or memoranda whatsoever in his possession or power relating thereto.
32. Partnership:-
Every receipt for money which may become payable or for any security which may
become transferable to the Contractor under these present shall if signed in the
partnership name by any one of the Contractor /s be of a good and sufficient discharge
to the Commissioner and Corporation in respect of the money or security purporting to
be acknowledged thereby and in the event of the death of any Contractor, during the
pendency of this contract it is thereby expressly agreed that every receipt by any of the
surviving Contractor /s shall if so signed as aforesaid, be a good and sufficient discharge
as aforesaid. PROVIDED that nothing in this clause contained shall be deemed to
prejudice or affect any claim which the Commissioner or Corporation may hereafter have
against the legal representatives of any Contractor/s so dying or in respect of any breach
of any of the conditions hereof. PROVIDED ALSO that nothing in this clause contained
shall be deemed to prejudice or affect the respective rights or obligations of the
Contractor/s and of the legal representatives of any deceased Contractor/s inter se.
33. Dissolution of the Contract:-
The Contractor shall not at any time dissolve partnership in respect of this contract or
otherwise, change or alter their respective interests therein or assign, sublet or make
over the present contract or the benefit thereof or any part thereof to any person/s

32
 whomsoever without the previous consent in writing of the Municipal Commissioner for
the time being. In case the Contractor shall at any time commit any breach of this
covenant then the Earnest Money Deposit / Contract Deposit shall be forfeited to the
Corporation and shall be retained by the Corporation as and for liquidated damages.
34. Termination of Contract:-
These presents in every clause matter and thing herein contained shall cease and
terminated either on the expiry of the contract period or exhaustion of the quantities
allotted to the Contractor, whichever is earlier (Unless the same shall have been
previously determined by the Commissioner as herein before provided) except only as to
the rights and remedies of the parties hereto in respect of any clause or thing herein
contained which may have been broken or not performed.
35. Jurisdiction of Courts:-
In case of any claim, disputes or differences arising in respect of the contract, the causes
of action thereat shall be deemed to have arisen in Mumbai and all legal proceedings in
respect of any such claim, disputes or differences shall be instituted in a Competent
Court in the City of Mumbai only.
36. Governing Language:-
English language version of the contract shall govern its Interpretation.
37. Singular – Plural:-
Words in the Singular number shall include the plural and plural the singular.
38. Meaning:-
The Word the Municipal Commissioner or Commissioner wherever they occur in this
Tender or in the Contract shall be construed to mean ‘Additional Municipal
Commissioner’ or ‘Deputy Municipal Commissioner’.
39. Saving clause:-
No suits, prosecution or any legal proceedings shall lie against BMC or any person for
anything that is done in good faith or intended to be done in pursuance of bid.
40. Applicable Laws:-
The contract shall be governed in accordance with the law prevailing in India, Act, Rules,
Amendments and orders made there on from time to time.
41. Indemnification:-
The contractor shall indemnify the purchaser against all actions, suit, claims and demand
or in respect of anything done or omitted to be done by contractor in connection with the
contract and against any losses or damages to the BMC in consequence of any action or
suit being brought against the contractor for anything done or omitted to be done by the
contractor in the execution of the contract. The contractor shall submit an indemnity bond
to this effect as per Annexure-14.
42. Operation of the Contract Clauses:-
The DMC (CPD) or his / her successor/s for the time being holding the office of the DMC
(CPD) shall be the competent officer to operate the various clauses under this contract
and to sign and serve notices under the various clauses of the said contract. All such
notices signed by the DMC (CPD) shall be deemed to have been signed by the
Municipal Commissioner or the Additional Municipal Commissioner
43. The Municipal Corporation reserves its right to inspect the premises of the company as
and when required.
44. All the above conditions should be strictly adhered to failing which the tender will be
treated as non-responsive and no correspondence will be entertained in the matter.

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 Section 8. FORCE MAJEURE- OBLIGATIONS OF THE PARTIES.

“Force Majeure” shall mean any event beyond the control of BMC or of the Contractor, as
the case may be, and which is unavoidable notwithstanding the reasonable care of the party
affected, and which could not have been prevented by exercise of reasonable skill and care and
good industry practices and shall include, without limitation, the following:
i) War, hostilities, invasion, act of foreign enemy and civil war.
ii) Rebellion, revolution, insurrection, mutiny, conspiracy, riot, civil commotion and
terrorists’ acts.
iii) Strike, sabotage, unlawful lockout, epidemics, quarantine and plague
iv) Earthquake, fire, flood or cyclone, or other natural disaster.

As soon as reasonably practicable but not more than 48 (forty-eight) hours following the
date of commencement of any event of Force Majeure, an Affected Party shall notify the other
Party of the event of Force Majeure setting out, inter alia, the following in reasonable detail.

The date of commencement of the event of Force Majeure.

The nature and extent of the event of Force Majeure.

The estimated Force Majeure Period.

Reasonable proof of the nature of such delay or failure and its anticipated effect upon the
time for performance and the nature of and the extent to which, performance of any of its
obligations under the Contract is affected by the Force Majeure.

The measures which the Affected Party has taken or proposes to take to alleviate/mitigate
the impact of the Force Majeure and to resume performance of such of its obligations affected
thereby.

Any other relevant information concerning the Force Majeure and/or the rights and
obligations of the Parties under the Contract.

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 Section 9. Descriptions and Technical Specifications of Uniforms

Description of RSP Uniform Sets As Per The Store Samples.

1) One Uniform Sets for R.S.P. Boys & Girls consist of (Age group 10 to 12)
Full Pant : White Color Suiting-1no – size 30
Full Shirt : White Color Suiting-1no - size 14
RSP waist Belt : Maroon Color-1 no
Cap Beret: Maroon color with badge.
Shoulder Title : Maroon color pair.
Side Arm Band : Maroon color
Brass Whistle, Lanyard Maroon color,-1 no
Shoes : Canvas Brown –pair - size - 6
Socks : Nylon White- pair. - size – 4
2) One Uniform Sets for R.S.P. Boys & Girls consist of (Age group 13 to 15)
Full Pant : White Color Suiting-1no – size 32
Full Shirt : White Color Suiting-1no - size 16
RSP waist Belt : Maroon Color-1 no
Cap Beret: Maroon color with badge.
Shoulder Title : Maroon color pair.
Side Arm Band : Maroon color
Brass Whistle, Lanyard Maroon color,-1 no
Shoes : Canvas Brown –pair size -7
Socks : Nylon White- pair size - 5
3) One Uniform Sets for R.S.P. Boys & Girls consist of (Age group 16 to 17)
Full Pant : White Color Suiting-1no - size 34
Full Shirt : White Color Suiting-1no - size 17
RSP waist Belt : Maroon Color-1 no
Cap Beret: Maroon color with badge.
Shoulder Title : Maroon color pair.
Side Arm Band : Maroon color
Brass Whistle, Lanyard Maroon color,-1 no
Shoes : Canvas Brown –pair – size - 8
Socks : Nylon White- pair size - 6

SPECIFICATIONS OF UNIFORM CLOTH & ACCESSORIES

1. Suiting (White) : Cloth as per I.S. 11248-1995
2. Cap Beret (Maroon) : as per I.S 5085-1969
3. Socks Nylon (White) :as per I.S.5084-1990
4. Canvas Shoes Brown : as per I.S.3735-1996
5. Shoulder Title : As Approved Store Sample
6. Arm Band : As Per Approved Store Sample
7. Brass Whistle : As Approved Store Sample
8. Lanyard (Maroon) : As Approved Store Sample

 Tenderers are requested to see approved store sample before submitting tender
sample.
 Tolerances for I.S. specified items shall be followed according to relevant I.S.
 Latest Amendments of all relevant I.S. will be applicable.

35
 SIZE CHART OF RSP UNIFORMS (Boys & Girls)

Age Sizes
Full Shirt Full Pant Brown Shoes White Socks
10-12 14 30 6 4
13-15 16 32 7 5
16-17 17 34 8 6

Note :
a) Stitching pitch : 4nos per centimeter
b) All end stitch shall be with reverse stitch of minimum 25mm
c) Design and pattern of all uniform to be as per approved stores sample.
d) Tolerance of ±5 mm is allowed in overall size of all items.
e) All pants shall be with half elastic on back side

Specification for Plain Knitted Nylon socks (White)

White coloured as per IS-5084:1990 or latest. Elastic yarn having an elongation not less
than 450 percent shall be used for laying-in the top portion of the socks. The socks shall be
knitted on circular knitting machines. The top of the socks shall be knitted in plain stitches
with elastic yarn.
PARAMETERS Requirements of Nylon Yarn

Sr No. Characteristic Requirement (I.S.5084-1990 or latest)

i) Tenacity. g/tex ( g/d ) 32 to 45 (3.5 to 5.0)
ii) Elongation at break 25 to 30 percent
iii) Minimum colour fastness rating to:
a) Light (change in colour) 4
b) Washing : Test 1
1) Change in colour 4
2) Staining of adjacent fabric 4
c) Perspiration, acid and alkaline:
1) Change in colour 3
2) Staining of adjacent fabric 3
d) Rubbing
1) Dry 4
2) Wet 4
Elastic yarn having an elongation not less than 450 percent shall be used for laying-in
the top portion of the socks.

Note:- Tenderer shall supply socks as per the fitments of students Standard wise.

36
 Section 10. Annexure for Testing Parameters

TABLE 1 DIMENSIONS OF BERETS

All dimensions in centimeters.

Head band Depth of

bevel to seam
Diameter of on leather
Size crown binding or
Diameter Circumference
No. nylon tape all
around
A - B C
1 15.25 48.5 23.5 5
2* 15.90 50.5 24.0 5
3 16.50 52.5 25.0 5
4* 17.00 54.5 25.5 5
5 17.75 56.5 26.0 5
6* 18.35 58.5 26.5 5
7 19.00 60.5 27.5 5
8* 19.60 62.5 28.0 5
9 20.25 64.5 28.5 5
TOLERANCE ±0.50 ±1.0 ±0.5 ±0.3
*Non-preferred sizes

TABLE 2
Requirements Of Berets
Sr. CHARACTERISTIC REQUIREMENT
No.
i) Mass, g/m² 510 ± 35

ii) Dimensional change (due to relaxation),percent 3.0 Max

iii) Colour fastness to:

a) Light (see Note) 4 or better

b) Washing 4 or better

C) Dry-cleaning 4 or better

d) Perspiration 4 or better

e) Hot pressing 4 or better

Note : In case of dispute, colour fastness to light shall be determined by the method
prescribed in IS 686:1957

37
 Table 3
Requirements of Nylon Yarn
Sr. CHARACTERISTIC REQUIREMENT
No.
(1) i) Tenacity, g/tex (g/d) 32 to 45 ( 3.5 to 5.0)
ii)Elongation at break 25 to 30 percent
iii) Minimum colour fastness rating to: 4
a)Light (Change in colour)
b) Washing : Test 1 4
1) Change in colour
2)Staining of adjacent fabric 4
C) Perspiration, acid and alkaline: 3
1) Change in colour 3
2)Staining of adjacent fabric 3
D) Rubbing
1) Dry 4
2)Wet 4

Table 4 Minimum Weight Per Ten Pairs of Socks, in gm

Single Cylinder Product Double
Cylinder
Size Plain Socks with Plain Socks with Plain Socks with Product with
Single Heel and Single Heel and Single Heel and Reinforced
Toe Toe Toe Heel and Toe
Gents 225 250 250 280
Ladies 170 195 195 210
Children
1 90 110 110 -
2 105 125 125 -
3 120 140 140 -
4 135 155 155 -
5 150 170 170 -

Table 5 Requirements for Canvas and Cotton Drill

Sr. Materials Characteristic Requirements Method of Test

No Ref to IS No.
. i) Canvas Breaking load In N,
min
a) Warp 1000 1969:1985
b) Weft 900
c) Ends/dm
250 ± 5
d) Picks/dm 1963: 1981
180 ±13

ii) Drill Breaking load in N,

min
a) Warp 1000
b) Welt 550 1969 : 1985

38
 c) Ends/dm 390 ± 10
d) Picks/dm 115 ± 5 1963: 1981

Table 6 Requirements for Cotton Tape

Sr. No. Characteristic Requirements Method of Test Ref to IS

No.
i) Width, mm, min 13 1954: 1990
ii) Breaking load on 50 cm 360 1969: 1985
long
test piece, N, min
Table 7 Requirements for Sewing thread

Sr. Variety Construction Single Thread Breaking Load, Method or test

No. no. Newtons (Kg).Min Ref. to IS No.

i) 8 3 ply (3 strands, each 27.0 (2.75) 1670:1991

single)

ii) 29 6 cord (3 strands, 21.1 (2.15) 1670.1991

each 2 fold)

Table 8 Physical Requirements for Rubber Components

Sr. Characteristic Foxing and Outer Sole and

No. Toe-cap Heel

i) Relative density, Max 1.4 1.2

ii) Hardness IRHD 60 ± 5
iii) Flexing resistance, number of cycles
iv) a) Initial crack, Min --- 60000
v) b) Cut growth at the end of 600
150000 cycles, percent, Max
vi) Change In initial hardness after accelerated +5
ageing for 24 h at 100 ± 1°C -2
vii) Tensile strength In N, min 105
viii) Elongation at break, in percent, Min --- 250
ix) Compression set, In percent, Max --- 20

39
 Table 9 Requirements of polyester blend suiting’s for uniform

Sr. No. Characteristic Requirements

i Approximate count of warp and weft yarns 20 tex x 2 (30 s/2)
ii Blend composition, percent
a)Polyester 64-70
b)Cotton/Viscose Remainder
iii Thread/dm
a)Warp 260 + 5 percent
b) Weft 190 + 5 percent
iv Mass, g/m2 190 + 5 percent
v Length, m As agreed
vi Width, cm 138 or as agreed
vii Breaking load on 5.0 x 20cm strip, Min
a) Warp direction 880 N
b) Weft direction 640 N
viii Crease recovery angle, Min (initially and after 260 0
three
ix Pilling resistance (after 18000 revolutions) 4 or better
x Relaxation shrinkage, percent, Max
a) Warp direction 1.0
b) Weft direction 1.0
xi Heat shrinkage, percent, Max
a) Warp direction 2.0
b) Weft direction 2.0
xii pH value of the aqueous extract 6.0 to 8.5
xiii Water soluble matter, Max, percent 1
xiv Colour Fastness
a) light 5 or better
b) Washing :Test 3 (After 4 washings)
1) Change in colour 4 or better
2) Staining on adjacent fabric 4 or better
c) Perspiration
1) Change colour 4 or better
2) Staining on adjacent fabric 4 or better

40
d) Rubbing
1) Dry 4 or better
2) Wet 4 or better

41
 Section 10. Details of the Item Data (Rates to be filled by the tenderer in
commercial offer)

Ite Item Descriptions

m Quantity for
Unit
No. Three years

RSP Uniform Sets for Age Group 10–12 Years

1. Sets
2,900
(Girls & Boys)

RSP Uniform Sets for Age Group 13–15 Years

2. Sets 4,550
(Girls & Boys)

RSP Uniform Sets for Age Group 16–17 Years

3. Sets
1,790
(Girls & Boys)

42
 Annexure -1

No.Dy.Ch.Eng./CPD/35/TDR/AE-3 of 2024-25
Tender ID :2025_MCGM_1145236_1

Particulars about the tenderer- (Specimen copy)

(To be uploaded in Fee/PreQual cover)
Date:-………...

(Following information to be submitted along with tenders (in Fee/PreQual cover) as detailed
herein below on the letterhead of the tenderer. Put a tick mark where applicable. Write N.A.
where not applicable. All fields are necessary)

1. Name & Address of the tenderer.

2. Names and addresses of all the partners
3. e-mail address of the firm.
4. Name & address of the Bidder.
a) Registered Head Office with Postal Address and Telephone Numbers
b) Mumbai Office address with Telephone Numbers.

5. Name & address of the manufacturer.

a) Places of Manufacturer (In case of firms having more than one place, mention the
nearest)
b) e-mail address of the firm

6. a) Registered Head Office with Postal Address and Telephone Number

b) Mumbai Office address with Telephone Number.
c)Total annual turnover in the last Financial Year of tenderer.

7. Is the tenderer registered under the Indian Companies Act-1 of 1956 or any other Act, in
force?
a) If so, furnish photo state copy of Certificate of Registration.
b) In case of Limited Companies furnish a copy of the memorandum of Articles of
Association.
c) In case of Proprietorship / Partnership firms, name of proprietors / Directors with
address. (Two in order of % of shares).
d) Ownership status of the Firm. (Maharashtra Govt./ Other state Govt./ Central
Govt./ Joint Sector / Co-Operative / B.S.I. / Private / Foreign Company
8. Whether tenderer is Manufacturer/Distributor/Dealer (State your category and upload
document to this effect in 3-a/3-b formats.)
9. Name and post of the Officer / Address, Phone Number who should be contacted by
this office in case of emergency.
10. Location of other works owned by the firm/Supplier/Service Provider (if any)
11. Registration No. of the Agency under the Companies Act
12. Registration & Licence No. of the Agency under Contract Labour (Regulation &
Abolition) Act , 1972:
13. PAN No of the company.
14. GST Registration No.
15. E.P.F. Registration No.
16. E.S.I. Registration No.

43
I/We have carefully gone through the tender documents and the term and conditions mentioned
therein & are all acceptable & agreeable in entirely to me/us.

Full Signature of the tenderer with

Official Seal & Address

44
 Annexure -2

No.Dy.Ch.Eng./CPD/35/TDR/AE-3 of 2024-25
Tender ID :2025_MCGM_1145236_1

Tender Form
(To be uploaded in FEE/PREQUAL COVER)

To,
The Municipal Commissioner
Brihanmumbai Municipal Corporation

Sir,

1.I / We…………………………………………………………… (full name in capital letters starting

with surname), the Proprietor /Managing Director / Holder of the business for the establishment
/ firm / registered company named herein below do hereby state that I / We have read,
examined and understood the contents of following documents relating to

1) Invitation to Tenderers
2) Instructions to Vendors participating in e-Tendering Process
3) Flow of activities of tender
4) Important General Conditions and Instructions to tenderers
5) General Conditions of Contract
6) Items Descriptions
7) Scope of supply and Technical Specifications
8) Contract Agreement form (Proforma for Article of Agreement)
9) Annexures
10) Details of the Item Data in tender: - (Rate to be filled by tenderer in commercial offer)
11) Minutes of pre bid meeting,
12) Corrigendum if any

2. I / We have examined the details/ specifications of supply to be made and noted all the terms
and conditions and accordingly hereby e-tender for execution of the supply referred to in the
aforesaid documents, at the rate quoted for respective item in Finance cover.

3. I/ We have paid the Earnest Money Deposit (E.M.D.) online for Rs.……………… and we are
aware that this EMD shall not bear any interest till it is with BMC.

4. I / We also agree to keep this e-tender open for acceptance for a period of 180 days from the
date for opening the same and not to make any modifications in its terms and conditions which
are not acceptable to the Corporation.

5. I/We hereby further agree to execute agreement in the prescribed pro-forma and shall bear
all the charges of whatsoever nature in connection with the preparation, Stamp Duty and
execution of the said contract.

6. I / we have offered our rates in the prescribed format and uploaded it along with the bid
document.

45
7. I/We further state that I/We have separately furnished an undertaking / declaration in the form
of Affidavit (Annexure-3) on the stamp paper of Rs.500/- (Rupees Two Hundred only) with
regards to agreeing to the terms and conditions in corporate in the bid documents and various
declarations as per requirement of BMC and I/We shall abide by them all respect throughout the
period of contract.

Yours faithfully,
Address:
…………………………………………
…………………………………………
…………………………………………
…………………………………………
Full Signature of the tenderer with
Official Seal and Address.

1………………………………
2………………………………
3………………………………
4………………………………
Full Names and Residential Address
of all the partners constituting
The firm:
1. ……………………………………… A/c. No…………………………
………………………………………… Name of the Bank………………..
………………………………………… Name of the Branch…………….
2. ………………………………………
…………………………………………
…………………………………………
3. ………………………………………
…………………………………………

46
 Annexure – 3a
No.Dy.Ch.Eng./CPD/35/TDR/AE-3 of 2024-25
Tender ID :2025_MCGM_1145236_1

Undertaking to be signed by the tenderer.

(To be uploaded in FEE/PREQUAL COVER)
Tender No.: Date-
Due Date:

AFFIDAVIT
To
The Municipal Commissioner
Brihanmumbai Municipal Corporation
Sir,

I / We…………………………………………………………… (full name in capital letters starting

with surname), the Proprietor/ Partner /Managing Director / Holder of power of attorney of
…………………………………………………............................... the business, establishment /
firm / registered company do hereby, in continuation of the terms and conditions underlying the
Tender Form and agreed to by me/us, give following undertaking.
1. I / we hereby confirm that I / we will be able to carry out the supply offered by me /us at
the quoted rates and as per specifications/drawings indicated in the tender after compliance of
all the required formalities within the specified time.
2. I/We…………………………………………. do hereby state and declare that I/We, whose
names are given herein below in detail with the addresses, have not filled in this e- tender under
any other name or under the name of any other establishment/ firm or otherwise, nor we are in
any way related to or concerned with the establishment/ firm or any person, who have filled in
the e-tender for the aforesaid work.

3. I/We also admit that if the relevant conditions forbidding submission of tender under different
names of the firm is found violated, the Municipal Commissioner is at liberty to take necessary
action against me/us.

4. I /We do hereby undertake that we have offered best price for the subject supply as per the
present market rates and that I/We have not offered less price for the subject supply to any
other outside agencies including Govt. / Semi Govt. agencies and within BMC also in similar
conditions.
5. I / We hereby request you not to enter into a contract with any other person/s for the
execution of the works/supply until notice of non-acceptance of this e-tender has first been
communicated to me/us, and in consideration of your agreeing to refrain from so doing I/We
agree, not to withdraw the offer constituted by this e-tender before the communicating me/us
the decision of the MC/ Mayor/ Standing Committee or of the Education Committee, as may be
required under Municipal Corporation Act.
6. I / We agree to comply with fulfill the requirements of all labour laws or other enactments
applicable to this supply and abide them throughout the period of contract.
7. I / We agree to abide the regulations of the BMC premises now in force or which may come
into force, during the currency of the contract. I / We accept the right of BMC to stop any
supervising staff/ labour employed by me / us from entering in the BMC premises if it is felt that
the said person is an undesirable element or is likely to create nuisance. BMC will not be
required to assign any reason while exercising this right and I/We shall abide by such decision

47
being binding on us.
8.I / We shall not sublet the work to any agency without prior approval of the BMC.
9. I / We understand and accept that our e-tender/contract is liable for rejection/ termination and
EMD paid by me/us shall be liable for forfeiture by the BMC if-
a) I / We fail to keep the e-tender open as aforesaid,
b) I / We fail to execute the formal contract or make payment of contract deposit when
called upon to do so,
c) I / We do not commence the supply on or before the date specified
by officer/engineer in hiswork order/indent.
d) I / We fail to produce required information, testimonials or a letter in original whenever
called upon to do so or I/We fail to give satisfactory reason for non-production of such
information, testimonials, letter etc. within a period of 6 days from receipt of such
demand.
10. I/We…………………………………………………… hereby further state and declare that-
I/We are.
 not declared insolvent any time in the past.
 not debarred/ blacklisted by either BMC/ central Govt. / state Govt. / Public sector
undertaking/any other Local body from start date of tender notice.
 not convicted under the provision of IPC or Prevention of Corruption Act.,
11. I / we do hereby agree that if in future, it comes to the notice of BMC/ if it is brought to the
notice of BMC that any disciplinary/penal action due to violation of terms and conditions of the
tender which amounts to cheating /depicting of malafide intention during the completion of the
contract anywhere in BMCor either by any of central Govt. / state Govt. / Public sector
undertaking/any other Local body, BMC will be at discretion to take appropriate action as its
finds fit.
12. The acceptance of this tender by BMC shall constitute a binding contract between me / us
and BMC.

13. I/we further confirm that the information/document submitted by me regarding GSTIN No. (If
applicable) is true and correct as per record of Sale Tax Department and in the event if it is
revealed subsequently after opening of tender or after allotment of work/contract to me/us that
any information given by me/us is false or incorrect, I/we shall be debarred from participating in
the tenders for BMC for 10 years.
14. I / We …………………………………………………………………. Have filled in the
accompanying e-tender with full knowledge of liabilities and therefore we will not raise any
objections or disputes in any manner relating to any action including forfeiture of deposit and
blacklisting for giving any information, which is, found to be incorrect and against the
instructions and directions given in this e-tender.
15. I/We, ________________________________________ hereby declare that on our
establishment there are less than 20 employees/ Labourers and as such it is not mandatory to
register our firm under EPF & MP Act 1952.
OR
I/We, ________________________________________ hereby uploaded the copy of
registration and latest paid challan for contribution under EPF & MP Act 1952 as our
establishment consists equal to or more than 20 employees/ Labourers.

16. I/We -------------------------------------------------hereby declare that we are using the energy

for production purpose. However, there are less than 10 employees / Labourers on our
establishment.
OR
I/We -------------------------------------------------hereby declare that we are not using the energy for
production purpose. There are less than 20 employees / Labourers employed in production
activity.

48
 As such, the provisions of ESI Act 1948 are not applicable to our firm and it is not
mandatory for us to register the firm under ESI Act 1948.
OR
I/We, ________________________________________ hereby uploaded the copy of
registration and latest paid challan for contribution under provisions of ESI Act 1948 as this act
is applicable to our firm.
(Note: - In future if nos. of employee/persons on our establishment will increase as stated
above, the valid registration certificate under EPF & MP Act 1952 and ESI Act 1948 will be
submitted immediately.)

. 17. I / We further confirm that the information/ documents submitted by me is true and correct to
best of my/our knowledge and belief that in the event it is revealed subsequently after the
opening of the tender or after the allotment of work / contract to me / us that any information
given by me / us or any document uploaded / submitted by me/us in this e-tender is false or
incorrect, I / We shall compensate the Brihanmumbai Municipal Corporation for any such losses
or inconvenience caused to the Corporation in any manner and will not resist any claim for such
compensation on any ground whatsoever. I / We agree to undertake that I / We shall not claim
in such case any amount by way of damages or compensation for cancellation of the contract
given to me / us or any work assigned to me / us or is withdrawn by the Corporation.

"I/We do hereby further undertake that; we have offered the best prices for the subject supply
work as per the present market rates. Further, we do hereby undertake and commit that we
have not offered/supplied the subject product / similar product / systems or sub systems
in the past one year in the Maharashtra State for quantity variation up to – 50% or + 10%
at a price lower than that offered in the present bid to any other outside agencies
including Govt. /Semi Govt. Agencies and within BMC also. Further, we have filled in the
accompanying tender with full knowledge of the above liabilities and therefore we will not raise
any objection or dispute in any manner relating to any action including forfeiture of deposit and
blacklisting, for giving any information which is found to be incorrect and against the instruction
and direction given in this behalf in this tender.
I/We further agree and undertake that in the event, if it is revealed subsequently after the
allotment of work/ contract to me/us that any information given by me/us in this tender is false or
incorrect, I/We shall compensate the Brihanmumbai Municipal Corporation for any such losses
or inconveniences caused to the Corporation, in any manner and will not raise any claim for
such compensation on any grounds whatsoever. I/We agree and undertake that I/We shall not
claim in such case any amount, by way of damages or compensation for cancellation of the
contract given to me/us or any work assigned to me/us or is withdrawn by the Corporation."
However, in case of price difference, if it is a result of differential tax structures, different Dollar
value of Rupee, considering this aspect, before invoking the penalty, blacklisting etc., I/we will
be given a reasonable opportunity of being heard by representing our case as to why such price
variation/differential has arisen.
18. I/We_________________________________________________________(Full Name in
the Capital Letters starting with surname) the Proprietor / Managing Partner / Managing Director
/ Holder of the Business / Authorized Distributors for the Establishment / Firm / Registered
Company named herein below do here offer to the Supply of RSP Uniforms as mentioned in
the tender & in accordance with the specifications therein.
I/We do hereby undertake that; we will keep our full quality control over Supply of RSP
Uniforms as mentioned in the tender & in accordance with the specifications therein.

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

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

49
Full name and complete address with Yours faithfully,
Tel. Nos. & E-mail address of
all partners

Signature of Tenderer
Trading under the name and style of

Office Stamp
WITNESS:
(1) Full Name ……………………………….
And Address ……………………………….
Signature ………………………………

(2) Full Name ……………………………………

And Address ……………………………….
Signature ……………………….

Note:-

To be filled in and signed by the tenderer and to be submitted on judicial paper of Rs.500/-duly
notarized by Notary Public / First Class Magistrate

50
 Annexure – 3b
Tender No. Dy.Ch.E./CPD/ 10 /TDR/AE-3 of 2018-19
Tender ID :2025_MCGM_1145236_1

(Undertaking to be signed by the manufacturers, if manufacturer is not bidder)

AFFIDAVIT
To
The Municipal Commissioner
Municipal Corporation of Greater Mumbai

Sir,
“I/We…………………...... (Manufacturer --------------------------------------------)
hereby state and declare that-I/We are

1. not declared insolvent any time in the past.

2. not debarred/ black listed by either M.C.G.M. / central Govt. / state Govt./Public
sector undertaking/any other Local body from start date of tender notice..
3. not convicted under the provision of IPC or Prevention of Corruption Act., nor any
criminal case is pending against me/us in any court of law.

I/we do hereby agree that if in future, it comes to the notice of MCGM/ if it is brought to
the notice of MCGM that any disciplinary/penal action due to violation of terms and
conditions of the tender which amounts to cheating /depicting of malafide intention
during the completion of the contract anywhere in M.C.G.M. or either by any of central
Govt./state Govt./Public sector undertaking/any other Local body, MCGM will be at
discretion to take appropriate action as its finds fit.

Solemnly affirmed on this ______the day of _____20 .

Full name and complete address with

Tel. Nos. & E-mail address of all partners

Yours faithfully,

Signature of
manufacturer under the name and style of ……………….
WITNESS:
(1) Full Name ……………………………………
And Address ……………………………….
…………………………………………………….
Signature ……………………….
(2) Full Name ……………………………………
And Address ……………………………….
…………………………………………………….
Signature ……………………….

Note :-
To be filled in and signed by the manufacturer and to be submitted on judicial paper of
Rs. 500/-duly notarized by Notary Public / First Class Magistrate.

51
 Annexure – 4a

Tender No. Dy.Ch.E./CPD/ 35 /TDR/AE-3 of 2018-19

Tender ID :2025_MCGM_1145236_1

Pro-Forma For Textile Manufacturer’s /Garment Manufacturer’s Letter

(If bidder is manufacturer)
(To be uploaded in TECHNICAL COVER )
To,
Municipal Commissioner,
BMC Mumbai.

Dear Sir,

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

i) We, M/s________________________________________ are an established and

reputed Textile Manufacturer /Garment Manufacturer having factory/factories at
___________________.
ii) We, ourselves, are submitting this tender, process the same further and enter into a
contract with you against your requirement as contained in the above referred tender
document for the above goods.

Yours faithfully,

(Signature with Date, Name, & designation)

For and on behalf of M/s._____________

Note: 1) This letter should be on the letter head of the manufacturing firm and should be
signed by a person competent and having the power of attorney to legally bind the
manufacturer.
2) Scanned copy of Original letter shall be uploaded.

52
 Annexure- 4b
Tender No. Dy.Ch.E./CPD/ 35 /TDR/AE-3 of 2018-19
Tender ID :2025_MCGM_1145236_1

Pro-Forma For Authorization Letter from Garment Manufacturer

(To be uploaded in TECHNICAL COVER )

To,
Municipal Commissioner,
BMC Mumbai.

Dear Sir,

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

1. We, M/s________________________________________ are an established and reputed
Garment Manufacturer having factory/factories at ___________________

2. We, hereby certify that M/s. ________________(name & address of the Textile
Manufacturer/authorized distributor/dealer/agent) is our Textile Manufacturer/authorized
distributor/dealer/agent & we authorize them to submit this tender, process the same further
and enter into a contract with you against your requirement as contained in the above referred
tender document for the above goods.

3. We hereby agree to manufacture the items/goods as per the tender specification and supply
the same to M/s_____________ ________________(name of the Textile Manufacturer
/authorized distributor/dealer/agent.

4. I/We state that the price quoted by M/s ________________ (name of Textile Manufacturer
/authorized distributor/dealer/agent) for this tender is reasonable and not higher than what
we would have quoted, had we participated in this tender.

Yours faithfully,

(Signature with Date, Name, & designation)

For and on behalf of M/s. ______________

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

2) Scanned copy of Original letter shall be uploaded.

53
 Annexure- 4c
Tender No. Dy.Ch.E./CPD/ 35 /TDR/AE-3 of 2018-19
Tender ID :2025_MCGM_1145236_1

Pro-Forma For Authorization Letter from Textile Manufacturer

(To Be Uploaded In Technical cover )
To,
Municipal Commissioner,
BMC Mumbai.

Dear Sir,

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

1. We, M/s________________________________________ are an established and reputed

Textile manufacturer having factory/factories at ___________________

2. We, hereby certify that M/s. ___________________________ (name & address of the
Garment Manufacturer/ authorized distributor/ dealer/ agent) is our Garment
Manufacturer/ authorized distributor/dealer/agent & we authorize them to submit this
tender, process the same further and enter into a contract with you against your requirement
as contained in the above referred tender document for the above goods. We hereby agree
to manufacture the items/goods as per the tender specification and supply the same to
M/s_______________________ (name of the Garment Manufacturer /authorized
distributor/dealer/agent)

3. I/We state that the price quoted by M/s ________________ (name of Garment
Manufacturer/authorized distributor/dealer/agent) for this tender is reasonable and not
higher than what we would have quoted, had we participated in this tender.

Yours faithfully,

(Signature with Date, Name, & designation)

For and on behalf of M/s. ______________

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

2) Scanned copy of Original letter shall be uploaded.

54
 Annexure- 4d
Tender No. Dy.Ch.E./CPD/ 35 /TDR/AE-3 of 2018-19
Tender ID :2025_MCGM_1145236_1

Pro-Forma For Letter Of Authorized Distributor/Dealer/Agent Of Textile Manufacturer and

Garment Manufacturer

To,
Municipal Commissioner,
BMC Mumbai.

Dear Sir,

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

1. We, M/s___________________________ are authorized distributor/dealer/agent of

M/s _____________________(names of Textile Manufacturer and Garment Manufacturer)

2. We have submitted authorization letter given by them as per Annexure 4b & Annexure 4c

Yours faithfully,

(Signature with Date, Name, & designation)

For and on behalf of M/s. ______________

Note:
1) This letter should be on the letter head of the bidder (authorized
distributor/dealer/agent of manufacturer) and should be signed by a person competent
and having the power of attorney to legally bind the bidder.
2) Scanned copy of Original letter shall be uploaded.

55
 Annexure- 5
No.Dy.Ch.Eng./CPD/35/TDR/AE-3 of 2024-25
Tender ID :2025_MCGM_1145236_1

Experience Certificate
(To be uploaded in TECHNICAL COVER )

“M/s ____________________________________ have supplied . (Name of )

to our institution in __________________ (month/year). The supply, service and quality of
material is satisfactorily”.

Signature and designation of the

Authorized officer issuing certificate

NOTE:
1) Experience Certificate should be in the name of manufacturers and/or in the name of bidder
i.e. authorized distributors/dealers/agents of manufacturers.

2) The above mentioned certificates which must be valid and current on the due date should be
uploaded.
3) Experience Certificate should be in the name of Supplier/ Service provider.

4) Scanned copies shall be uploaded in the Technical cover

5) Supplier/ Service provider shall provide certified copies of the Executed purchase
orders along with completion/performance certificates in support of the experience.

56
 Annexure- 5a
No.Dy.Ch.Eng./CPD/35/TDR/AE-3 of 2024-25
Tender ID :2025_MCGM_1145236_1

PRO-FORMA FOR STATEMENT OF EXPERIANCE CERTIFICATES

(For the period of last five years)

Tender No. :____________________________________________

Name & Address of the Tenderer: __________________________

Name & Address of manufacturer: _________________________

Specify how much quantities of products were supplied to the State Government / Central
Government or their undertakings / Semi Government / Local Bodies/ Large Corporate as
shown below. (Use separate sheet, if necessary)

Order placed by (Full Description and quantity of (attached documentary

address of Purchase/ ordered goods proof)**
Consignee)

1 2 3

Signature & seal of the Tenderer

**The documentary proof will be a certificate from the consignee/end user with cross-
reference of order no. and date in the certificate. If at any time, information furnished is
proved to be false or incorrect, the Earnest Money Deposit furnished will be forfeited.

Note: - Experience Certificate should be in a name of the bidder/Manufacturer. They shall

provide certified copies of the Executed purchase orders along with
completion/performance certificates in support and performance certificates of the
experience.

57
 Annexure -6

No.Dy.Ch.Eng./CPD/35/TDR/AE-3 of 2024-25
Tender ID :2025_MCGM_1145236_1

Authorization Letter for Attending Tender Opening

To,
The Municipal Commissioner,
BMC.

Subject: Tender No. ___________________________________

due on

Sir,
Mr................................ has been authorized to be present at the time of opening of above
tender due on _________ at 16:00 hrs on my/our behalf.

Yours faithfully,
Signature and seal of the tenderer

Specimen Signature of representative

Note: - Photo ID of Representative is compulsory

58
 Annexure – 7

No.Dy.Ch.Eng./CPD/35/TDR/AE-3 of 2024-25
Tender ID :2025_MCGM_1145236_1

Pro-forma of ‘Articles of Agreement’ for the purchase of materials/equipments.

Standing Committee Resolution No. _______ Dated_____________/Mayor’s/ Addl. Municipal

Commissioner’s/DMC’s Sanction No.______________________ Dated________________
Contract for Supply / work of:_______________________________________________________________________
During the period from __________________to___________________________________

This agreement made this day of ………… ……………………………. ……………… …………

Two thousand ……………………....…..……..………..……………………………………………
Between .……...……………...………………………………………………….…………….………
………………………………………………………..…………….…………………………..……..…
inhabitants of Mumbai, carrying on business at…… ………………...…..…… ………… …
…………………………………………………………………...………………………….……………
in Mumbai under the style and name of Messrs ……………………..………………………
……………………………………………………………...……………………………………………
(Hereinafter called “the contractor of the one part and Shri ………………………………
…………………………………………………………………………………….…………….……….
the Deputy Municipal commissioner (CPD) in which expression are included unless the inclusion is
inconsistent with the context, or meaning thereof, his successor or successors for the time being
holding the office of Deputy Municipal commissioner (CPD) of the second part and the
Brihanmumbai Municipal Corporation (hereinafter called “the Corporation”) of the third part,
WHEREAS the contractor has tendered for the supply of the works described above and his
tender has been accepted by the Commissioner (with the approval of the Standing
Committee/Education Committee of the Corporation NOW THIS
THIS AGREEMENT WITNESSETH as follows:-

1) In this agreement words and expressions shall have the same meanings as are respectively
assigned to them in the General Conditions of Contract for works hereinafter referred to:-

2) The following documents shall be deemed to form and be read and constructed as a part of this
agreement viz.

1. Letter of Acceptance
2. The Contractor's Bid
3. Addendum/Corrigendum to Bid, if any
4. Tender Document
5. The Bill of Quantities / Finance cover
6. The specifications
7. Detailed engineering drawing, where applicable
8. The General conditions of Contract

59
 9. The General Instructions and conditions to Tenderer
10. Final written submissions made by the contractor during negotiations, if any
11. All correspondence documents between bidder and BMC
12. All annexures
3) In consideration of the payments to be made by the Commissioner to the contractor as
hereinafter mentioned the contractor hereby covenants with the Commissioner to complete and
maintain the works/supply in conformity in all respects with the provision of the contract.
4) The Commissioner hereby covenants to pay to the Contractor in consideration of the
completion and maintenance of the works/supply the contract sum, at times and in the manner
prescribed by the contract.

IN WITNESS WHERE OF the parties hereto have caused their respective common seals to be
herein to affixed (or have hereunto set their respective hands and seals) the day and year above
written.

SIGNED, SEALED AND DELIVERED

By_____________________________

Of_____________________________

In the presence of

1)_____________________________

2)_____________________________ CONTRACTOR

SIGNED, SEALED AND DELIVERED

By______________________________

D.M.C.(C.P.D.) in the presence of

1)_______________________________

2)_______________________________ D.M.C.(C.P.D.)

The Common Seal of the Municipal

Corporation of Greater Mumbai was

Affixed on this ______day of ______ SEAL

Two Thousand______ in the presence of

1)____________________________

2)____________________________

60
 Two members of the Standing Committee

Of the Municipal Corporation of Greater

Mumbai.

Witness________________________

Municipal Secretary______________

______________________________

Contract examined with the Tender and Resolution of the Standing Committee
No._______ of ___________ and found correct.

Head Clerk A.E.(Purchase) Tech. E.E.(C.P.D.) Dy. Ch.E.(C.P.D.)

I/II/III/IV I/II/III/IV

61
 ANNEXURE – 8
No.Dy.Ch.Eng./CPD/35/TDR/AE-3 of 2024-25
Tender ID :2025_MCGM_1145236_1

Authorization Letter for Downloading and Uploading Tender

(To be uploaded in Fee/PreQual cover)

To,
The Municipal Commissioner,
BMC

Subject: Tender No. _______________________ due on ____________

Sir,

Mr................................ has been authorized for downloading and uploading of above tender
due on _________ on my/our behalf.

Yours faithfully,

Signature & seal of the Tenderer

62
 ANNEXURE – 9
No.Dy.Ch.Eng./CPD/35/TDR/AE-3 of 2024-25
Tender ID :2025_MCGM_1145236_1
GRIEVANCE REDRESSAL MECHANISM

BMC has formed a Grievance Redressal Mechanism for redressal of bidder's

grievances. Any Bidder or prospective Bidder aggrieved by any decision, action or
omission of the procuring entity being contrary to the provisions of the tender or any
rules or guidelines issued therein, in Fee/PreQual Cover, Technical cover or Finance
cover can make an application for review of decision of responsiveness in Fee/PreQual
Cover, Technical cover or Finance cover within a period of 7 days or any such other
period, as may be specified in the Bid document.

While making such an application to procuring entity for review, aggrieved bidders or
prospective bidders shall clearly specify the ground or grounds in respect of which he
feels aggrieved.

Provided that after declaration of a bidder as a successful in Fee/PreQual cover

(General Requirements), an application for review may be filed only by a bidder who
has participated in procurement proceedings and after declaration of successful bidder
in Technical cover (Technical Bid). an application for review may be filed only by
successful bidders of Fee/PreQual cover Provided further that, an application for
review of the financial bid can be submitted by the bidder whose technical bid is found
to be acceptable/responsive.

Upon receipt of such application for review, BMC may decide whether the bid process
is required to be suspended pending disposal of such review. The BMC after
examining the application and the documents available to him, give such reliefs, as
may be considered appropriate and communicate its decision to the Applicant and if
required to other bidders or prospective bidders, as the case may be.

BMC shall deal and dispose off such application as expeditiously as possible and in
any casewithin 10 days from the date of receipt of such application or such other
period as may be specified in pre-qualification document, bidder registration document
or bid documents, as the case may be.

Where BMC fails to dispose off the application within the specified period or if the
bidder or prospective bidder feels aggrieved by the decision of the procuring entity,
such bidder or prospective bidder may file an application for redressal before the
"Internal Procurement Redressal Committee within 7 days of the expiry of the allowed
time or of the date of receipt of the decision, as the case may be. Every such
application for internal redressal before Redressal Committee shall be accompanied by
fee of Rs 25,000/- and fee shall be paid in the form of D.D. in favour of BMC.

1" Appeal by the bidder against the decision of C.E/ HOD/ Dean can be made to
concerned DMC/Director who should decide appeal in 7 days.

63
If not satisfied, 2 Appeal by the bidder can be made to concerned A.M.C. for decision.

Grievance Redressal Committee (GRC) is headed by concerned D.M.C / Director of

particular department for the first appeal/grievances by the bidder against the decision
for responsiveness / non- responsiveness in Fee/PreQual Cover, Technical cover or
Finance cover and if not satisfied, concerned A.M.C will take decision as per second
appeal made by the bidder

This Grievance Redressal Committee (GRC) will be operated through DMC (CPD)
office where appeals of aggrieved bidder will be received with fee of Rs 25,000/- from
aggrieved bidder. The necessary correspondence in respect of said applications to the
aggrieved bidder & concerned department, issuing notices, arranging of Grievance
Redressal Committee (GRC) with D.M.C. and further proceeding will be carried out
through registrar appointed by BMC.

No application shall be maintainable before the redressal Committee in regard of any

decision of the BMC relating to following issues:

Determination of need of procurement

The decision of whether or not to enter into negotiations.

Cancellation of a procurement process for certain reasons.

On receipt of recommendation of the Committee, It will be communicate his decision

thereon to the Applicant within 10 days or such further time not exceeding 20 days, as
may be considered necessary from the date of receipt of the recommendation and in
case of non-acceptance of any recommendation, the reason of such non-acceptance
shall also be mentioned in such communication.

Additional Municipal Commissioner and/or Grievance Redressal Committee, if found,

come to the conclusion that any such complaint or review is of vexatious, frivolous or
malicious nature and submitted with the intention of delaying or defeating any
procurement or causing loss to the procuring entity or any other bidder, then such
complainant shall be punished with fine, which may extend to Five Lac rupees or two
percent of the value of the procurement, whichever is higher.

64
 ANNEXURE – 10

TENDER NO. No.Dy.Ch.Eng./CPD/35/TDR/AE-3 of 2024-25

Tender ID : 2025_MCGM_1145236_1

FORM OF INTEGRITY PACT

This Agreement (hereinafter called the Integrity Pact) is entered into on ------------day of the -----
---------month of 20---- between BRIHANMUMBAI MUNICIPAL CORPORATION acting
through Shri ----------------------------------------------------------(Name and Designation of the officer)
(hereinafter referred to as the "B.M.C." which expression shall mean and include, unless the
context otherwise requires, his successors in office and assigns) of the First Part and M/s. ------
-----------------------------------------------(Name of the company) represented by Shri --------------------
-----------------, Chief Executive Officer / Authorized signatory (Name and Designation of the
officer ) ( hereinafter called as the "Bidder / Seller" which expression shall mean and include,
unless the context otherwise requires, his successors and permitted assigns ) of the Second
Part.
WHEREAS THE BMC invites for the -------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------(Name of the Stores / Equipment / Service,
Tender No. & Date) and the Bidder /Seller is willing to submit bid for the same and
WHEREAS the BIDDER is a private Company / Public Company/ Government
Undertaking / Partnership Firm / Ownership Firm / Registered Export Agency, constituted in
accordance with the relevant law in the matter and the BMC is Urban Local Body.
NOW, THEREFORE
To avoid all forms of corruption by following a system that is fair, transparent and free
from any influence / prejudiced dealings prior to, during and subsequent to the currency of the
contract to be entered into with a view to:-
Enabling the BMC to obtain the desired said stores / equipment / services / works at a
competitive price in conformity with the defined specifications by avoiding the high cost and the
distortionary impact of corruption on public procurement, and
Enabling BIDDERS to abstain from bribing or indulging in any corrupt practice in order
to secure the contract by providing assurance to them that their competitors will also abstain
from bribing and other corrupt practices and the BMC will commit to prevent corruption, in any
form, by its officials by following transparent procedures. In order to achieve these goals, the
BMC will appoint an external independent monitor who will monitor the tender process and
execution of the contract for compliance with the principles mentioned above.
The parties hereto agree to enter into this Integrity Pact and agree as follows:-

1. COMMITMENTS OF THE B.M.C.

1.1 B.M.C. commits itself to take all measures necessary to prevent corruption and
follow the system, that is fair, transparent and free from any influence / prejudice
prior to, during and subsequent to the currency of the contract to be entered into to
obtain stores / equipments / services at a competitive prices in conformity with the
defined specifications by avoiding the high cost and the distortionary impact of
corruption on public procurement.
1.2 The B.M.C. undertakes that no employee of the BMC, connected directly or
indirectly with the contract, will demand, take a promise for or accept, directly or
through intermediaries, any bribe, consideration, gift, reward, favor or any material
or immaterial benefit or any other advantage from the BIDDER, either for
themselves or for any person, organization or third party related to the contract in
exchange for an advantage in the bidding process, bid evaluation, contracting or
implementation process related to the contract.
1.3 B.M.C. will during tender process treat all bidders with equity and reason. The

65
 B.M.C. before and during tender process provide to all bidders the same
information and will not provide to any bidder any confidential / additional
information through which the bidder could obtain an advantage in relation to the
tender process or execution of contract.

1.4 In case any such proceeding misconduct on the part of such official(s) is
reported by the Bidder to the BMC with full and verifiable facts and the same is
prima facie found to be correct by the BRIHANMUMBAI MUNICIPAL
CORPORATION, necessary disciplinary proceedings, or any other action as
deemed fit, including criminal proceedings may be initiated by the BMC and such a
person shall be debarred from further dealings related to the contract process. In
such a case while an enquiry is being conducted by the BMC the proceedings
under the contract would not be stalled.

2. COMMITMENTS OF THE BIDDERS / CONTRACTORS

2.1 The Bidder commits itself to take all measures necessary to prevent corrupt
practices, unfair means and illegal activities during any stage of its bid or during
any pre-contract or post-contract states in order to secure the contract or in
furtherance to secure it.

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

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

2.4 The Bidders/ Contractors will not enter with other bidders into any undisclosed
agreement or understanding, whether formal or informal, in particular regarding
prices, specifications, certifications, subsidiary contracts, submission or non-
submission of bids or any other actions to restrict competitiveness or to introduce
cartelization in the bidding process.

2.5 The Bidders / Contractors will not commit any offence under relevant anti
corruption laws of India. Further, the bidders will not use improperly, for purposes
of competition for personal gain or pass on to others, any information or document
provided by BMC as part of the business relationship regarding plans, technical
proposals and business details including information obtained or transmitted
electronically.

2.6 The Bidders/ Contractors of foreign origin shall disclose the names and
addresses of agents / representatives in India, if any, and Indian bidder shall
disclose their foreign principals or associates.

2.7 The Bidder shall not lend to or borrow any money from or enter into any

66
 monitory dealings or transactions, directly or indirectly, with any employee of the
BMC.
2.8 The Bidder will not bring any Political, Governmental or diplomatic influence to
gain undue advantage in its dealing with BMC.
2.9 The Bidder will promptly inform the Independent External Monitor (of B.M.C.) if
he receives demand for a bribe or illegal payment / benefit and If he comes to know
of any unethical or illegal practice in B.M.C.
2.10 The Bidders / Contractors will disclose any and all payments he has made, is
committed to or intends to make to agents, brokers or any other intermediaries in
connection with the award of the contract while presenting his bid.
2.11 The Bidders / Contractors shall not lend to or borrow any money from enter into
any monetary dealings directly or indirectly, with any employee of the B.M.C. or his
relatives.

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

2.13 The Bidders / Contractors will undertake to demand from all sub contractors a
commitment in conformity with this Integrity Pact.

2.14 The bidders / Contractors will not instigate third persons to commit offences
outlined above or be an accessory to such offences.

3. PREVIOUS TRANSGRESSION
3.1 The Bidder declares that no previous transgressions occurred in the last 3 years
immediately before signing of this Integrity Pact, with any other company in any
country or with Public Sector Enterprises in India in respect of any corrupt practices
envisaged hereunder that could justify BIDDER’s exclusion from the tender
process.

3.2 If the Bidder makes incorrect statement on this subject, he can be disqualified
from the tender process or the contract if already awarded, can be terminated for
such reasons.

4. DISQUALIFICATION FROM TENDER PROCESS AND

EXCLUSION FROM FUTURE CONTRACTS
If the Bidders/ Contractors or anyone employee acting on his behalf whether or
without the knowledge of the Bidder before award of the contract has committed a
transgression through a violation of aforesaid provision or in any other form such as put his
reliability or credibility into question, the B.M.C. is entitled to exclude the bidder from the
tender process or to terminate the contract if already signed and take all or any one of the
following actions, wherever required.

4.1 To immediately call off the pre contract negotiations without assigning any
reason or giving any compensation to the Bidder. Further, the proceedings with the
other Bidders would continue.

4.2 The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit /
Performance Bond ( after the contract is signed) shall stand forfeited either fully or
partially, as decided by the B.M.C. and B.M.C. shall not be required to assign any
reasons therefore.

67
4.3 To immediately cancel the contract, if already signed, without giving any
compensation to the Bidder.
4.4 To recover all sums already paid with interest thereon at 5% higher than the
prevailing Base rate of State Bank of India.

4.5 If any outstanding payment is due to the Bidder from B.M.C. in connection with
any other contract, such outstanding payment could also be utilized to recover the
aforesaid sum and interest.

4.6 To encash any advance Bank Guarantee and performance bond/warranty, if

furnished by the Bidder, in order to recover the payment already made by B.M.C.
along with interest.

4.7 To cancel all other contracts with the Bidder. The Bidder shall be liable to pay
compensation for any loss or damages to the B.M.C. resulting from such
cancellation / rescission and the B.M.C. shall be entitled to deduct the amount so
payable from the money due to the Bidder.

4.8 Forfeiture of Performance Bond in case of a decision by the B.M.C. to forfeit the
same without assigning any reason for imposing sanction for violation of the Pact.

4.9 The decision of B.M.C. to the effect that the breach of the provisions of this Pact
has been committed by the Bidder shall be final and conclusive on the Bidder.
4.10 The Bidder accepts and undertakes to respect and uphold the absolute right of
BMC to resort to and impose such exclusion and further accepts and undertakes
not to challenge or question such exclusion on any ground including the lack of any
hearing before the decision to resort to such exclusion is taken.

4.11 To debar the Bidders/ Contractors from participating in future bidding process of
B.M.C. for a minimum period of three years.

4.12 Any other action as decided by Municipal Commissioner based on the

recommendation by Independent External Monitors (IEMs).

5. FALL CLAUSE
5.1 The Bidder undertakes that it has not supplied similar products / systems or
subsystems in the past six months in the Maharashtra State for quantity variation
upto -50% or +10%, at a price lower than that offered in the present bid in respect
of any other Ministry / Department of the government of India or PSU or BMC and if
it is found at any stage that similar products / systems or sub systems was supplied
by the BIDDER to any other Ministry / Department of the Government of India or a
PSU or BMC at a lower price, then that very price will be applicable to the present
case and the difference in the cost would be refunded by the BIDDER to the BMC,
if the contract has already been concluded, else it will be recovered from any
outstanding payment due to the bidder from BMC.

6. EXTERNAL INDEPENDENT MONITOR / MONITORS

6.1 The B.M.C. Appoints competent and credible external independent Monitor for this
Pact. The task of the Monitor is to review independently and objectively, whether
and to what extent the Parties comply with the obligations under this Agreement.

6.2 The Monitor is not subject to instructions by the representatives of parties and
perform his functions neutrally and independently and report to the Municipal

68
 Commissioner / concerned Additional Municipal Commissioner.

6.3 Both the parties accept that the IEM has the right to access, without restriction, to all
documentation relating to the project / procurement, including minutes of meetings

6.4 The Bidder shall grant the IEM upon his request and demonstration of a valid
interest, unrestricted and unconditional access to his project documentation. The
same is applicable to sub contractors.

6.5 The IEM is under contractual obligation to treat, the information and documents of
the Bidder/Contractor/sub-contractor, with confidentiality.

6.6 The BMC will provide to the IEM sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on
the contractual relations between the parties. The parties will offer to the IEM the
option to participate in such meetings.

6.7 As soon as the IEM notices, or believes to notice, a violation of this Agreement, he
will so inform the Additional Municipal Commissioner. The IEM can in this regard
submit non-binding recommendations. If Additional Municipal Commissioner has
not, within a reasonable time, taken visible action to proceed against such offence,
the IEM may inform directly to the Municipal Commissioner.

6.8 The IEM will submit a written report to the Municipal Commissioner / Additional
Municipal Commissioner within 8 to 10 weeks from the date of service or intimation
to him by B.M.C./ Bidder and should the occasion arise, submit the proposal for
correcting problematic situations.

6.9 The word "IEM" would include both singular and plural.

6.10 Bothe parties accept, that the recommendation of IEM would be in the nature of
advise and would not be legally binding. The decision of Municipal Commissioner
in any matter/ complain will be the final decision.

7. VALIDITY OF THE PACT

7.1 The validity of this Integrity Pact shall be from the date of its signing and extend
upto two years or the complete execution of the contract to the satisfaction of the
B.M.C. and BIDDER / Seller, including warranty period, whichever is later. In case
BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the
date of the signing of the contract.
7.2 If any claim is made/ lodged during the validity of this contract, such claim shall be
binding and continue to be valid despite the lapse of this pact unless it is
discharged / determined by the Municipal Commissioner / Additional Municipal
Commissioner of the B.M.C.

8. FACILITATION OF INVESTIGATION
In case of any allegation of violation of any provisions of this Pact or payment of
commission, the BMC or its agencies OR Independent External Monitor shall be
entitled to examine all the documents including the Books of Accounts of the
BIDDER and the BIDDER shall provide necessary information and documents in
English and shall extend all possible health for the purpose of such examination.

69
 9. MISCELLANEOUS
9.1 This Agreement / Pact is subject to the Indian Laws, place of performance and
jurisdiction is the registered office of the B.M.C. i.e. Mumbai and the actions
stipulated in this Integrity Pact are without prejudice to any other legal action that
may follow in accordance with the provisions of the extent law in force relating to
any civil or criminal proceedings.
9.2 If the Contractor is a partnership or a consortium, this Agreement must be
signed by all partners or consortium members.
9.3 Should one or several provisions of this Agreement turn out to be invalid, the
remainder of this Pact remains valid. In this case, the Parties will strive to come to
an Agreement to their original intentions.
10. The Parties hereby sign this Integrity Pact at ---------------on-----------

BIDDER/SELLER
Signature --------------------- ---------------------------
Name of officer ------------------------ ---------------------------
Designation ------------------------ ---------------------------
Name of Company ------------------------ ---------------------------
Address ------------------------ ---------------------------
Dated ------------------------ ---------------------------
Witness-1(BIDDER/SELLER)
Signature ------------------------ ---------------------------
Name of officer ------------------------ ---------------------------
Designation ------------------------ ---------------------------
Name of Company ------------------------ ---------------------------
Address ------------------------ ---------------------------
Dated ------------------------ ---------------------------

Note: This FORM OF INTEGRITY PACT should be given on Rs.500/- Judicial stamp paper
duly notarized by Notary with red seal and registration Number.

70
 ANNEXURE – 11
No.Dy.Ch.Eng./CPD/35/TDR/AE-3 of 2024-25
Tender ID :2025_MCGM_1145236_1

Declaration by the tenderer regarding HSN Code & GST TAX %

The annexure shall be on the letter head of the tenderer.

GST (CGST/
Sr.
Item Description HSN Code SGST/
No.
IGST%)
RSP Uniform Sets for Age Group 10–12
1. Years (Girls & Boys)

RSP Uniform Sets for Age Group 13–15

2. Years (Girls & Boys)

RSP Uniform Sets for Age Group 16–17

3. Years (Girls & Boys)

This annexure - 11 shall be submitted in Fee/PreQual cover.

TENDERER’S FULL SIGNATURE

WITH FULL NAME & RUBBER STAMP

71
 ANNEXURE – 12
No.Dy.Ch.Eng./CPD/35/TDR/AE-3 of 2024-25
Tender ID : 2025_MCGM_1145236_1
DETAILS OF LITIGATION HISTORY

1) I M/s ………………. participating in the above subject Bid, here by declared that
there is no litigation history against me during the last 5 years, prior to due date
of the tender.
Or
2) I M/s ………………. participating in the above subject Bid, here by declared that
the litigation history against me during the last 5 years, prior to due date of the
tender, is as under
Sr.No. Year Action Name of the Remarks
taken Organization

1.

2.

3.

4.

5.

I further declared that information furnished above is correct, and in

future, if BMC finds that information disclosed is false or in complete, then BMC
can directly disqualify my bid and can initiate penal action including blacklisting
of the firm.

Full Signature of the tenderer

with Official Seal and Address

(The above undertaking shall be submitted by the bidder on Rs.500/- judicial stamp
paper in pkt B)

72
 ANNEXURE – 13
No.Dy.Ch.Eng./CPD/35/TDR/AE-3 of 2024-25
Tender ID: 2025_MCGM_1145236_1

DETAILS OF CRIMINAL CASES PENDING HISTORY

(To be Submitted by Bidder)

1) I M/s ………… (Name of Bidder/Manufacturer)....... for above subject Bid, here by

declared that there is no criminal cases pending against me/us in any court of law
during the last 5 years, prior to due date of the tender.
Or
3) I M/s ………………. (Name of Bidder/Manufacturer)...... for above subject Bid, here by
declared that the criminal cases pending against me/us in any court of law during the
last 5 years, prior to due date of the tender, is as under
Sr. Year criminal case detail Action taken/current
No. status

1.

2.

3.

4.

I further declared that information furnished above is correct, and in future, if

BMC finds that information disclosed is false or in complete, then BMC can directly
disqualify my bid and can initiate penal action including blacklisting of the firm.

Full Signature of the Tenderer/ Manufacturer

with Official Seal and Address
(The above undertaking shall be submitted by the bidder and his manufacturer on Rs.500/-
judicial stamp paper in Fee/PreQual cover)

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 ANNEXURE – 14
No.Dy.Ch.Eng./CPD/35/TDR/AE-3 of 2024-25
Tender ID: 2025_MCGM_1145236_1
UNDERTAKING CUM INDEMNITY BOND
We,

(1) Mr. _____________________________________ Aged _____ Yrs

(2) Mr. _____________________________________ Aged _____ Yrs

(3) Mr. _____________________________________ Aged _____ Yrs

Proprietor / Partner / Directors / Power Of Attorney Holder of the firm

__________________________________ having it’s office
___________________________________ here by gives an UNDERTAKING CUM
INDEMNITY BOND as under:

AND WHERE AS we are register vendor’s with Brihanmumbai Municipal Corporation and / or
(Name of other authority ) having register No --------- Valid up to-------- AND WHERE AS
Brihanmumbai municipal corporation has published the tender / noticed for the work/supply of
------------------------------------------------------------------------ in BMC.

AND WHERE AS we want to participate in the tender / procedure. I/We hereby give an
Undertaking- Cum- Indemnity Bond as hereinafter appearing we hereby agree and undertake
that my/our firm is not under any penal action such as Demotion, Suspension, Blacklisting, De-
registration etc. by any Government, Semi-Government and Government Under-taking etc.

I/We hereby further undertake to communicate if my/our firm comes under any penal
action such as Demotion, Suspension, Blacklisting, De-registration etc. by any Government,
Semi-Government and Government Under-taking etc.

I/We hereby further agree and undertake that, at any stage of tendering procedure if the
said information is found incorrect, it should be lawful for the BMC to forthwith debar me/us
from the tendering procedure and initiate appropriate penal action.

The undertaking-cum-Indemnity Bond is binding upon us/our heirs, executor’s

administrators and assigns and/or successor and assigns.

Place :

Dated : Proprietor/ Partners/Directors/POA

(Seal of Firm / Co.)

Identified by me, BEFORE ME

(The above undertaking shall be submitted by the bidder on Rs.500/- judicial stamp
paper in Fee/PreQual cover)

74
 ANNEXURE – A

No.Dy.Ch.Eng./CPD/35/TDR/AE-3 of 2024-25
Tender ID : 2025_MCGM_1145236_1

Pro-Forma For
Irrevocable Undertaking
(on ₹ 500/- Stamp paper)

I Shri/ Smt. ……………………………………………………….aged ……… year

Indian inhabitant. Proprietor/Partner/ Director of M/s…………………………………
Resident at ……………………………………………………………………do hereby give
Irrevocable undertaking as under.
1) I say & undertake that as specified in section 171 of GST Act, 2017, any reduction
in rate of tax on supply of goods or services or the benefit of input tax credit shall be
mandatorily passed on to BMC by way of commensurate reduction in prices.

2) I further say and undertake that I understand that in case the same is not passed on
and is discovered at later stage, BMC shall be at liberty to initiate legal action
against me for its recovery including, but not limited to an appeal to the screening
Committee of the GST Counsel.

3) I say that above said Irrevocable undertaking is binding upon me/ my /

partners/Company/Other Directors of the company and also upon my/our legal
heirs, assignee, Executor, administrator etc.

4) If I fail to compliance with the provisions of the GST Act, I shall be liable for
penalty/ punishment or both as per the provisions of GST Act.

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

Solemnly affirmed at DEPONANT

This day of BEFORE ME
Interpreted Explained and Identified by me.

75