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GOVERNMENT OF MAHARASHTRA

WATER RESOURCES DEPARTMENT

OFFICE OF THE MEMBER SECRETARY

&

EXECUTIVE ENGINEER,

MECHANICAL STORES DIVISION,

YANTRIKI BHAVAN,

DAPODI, PUNE 411 012

E-TENDER PAPERS “ D” FOR

The Supply of Welding Electrodes (Make- D & H Secheron)

E-TENDER NOTICE NO. E-2 OF 2013 – 2014

E- TENDER NOTICE NO.E-2 OF 2013 – 2014

For the Supply of Welding Electrodes Make-( D & H Secheron)

Blank Tender form downloaded by M/s. ………………………………………..

……………………………………………….. …………………………………………………

on ………………… and the tender cost remitted vide D.D No .......................................

Dated ..................... of.......................................................................................... Bank

Signature of Tenderer with seal

Office of the Member Secretary Purchase Advisory Committee (E) (MECH) & Ex.Engr, Mechanical Stores Division,Dapodi , Pune - 12

[ Phone No. 020-27144389 ]

INDEX

Sr. No

Particulars Page Number

From To

1 Brief Tender Notice For Press 1 2

2 Detailed E Tender Notice 3 8

3 General Rules & Directions for the Guidelines of Tenderer 9 15

4 Tender form "D" 16 17

5 Conditions of Contract 18 31

6 Declaration of the Tenderer 32 32

7 Specimen of Solvency Certificate 33 33

8 Special Clause Proforma 34 34

9 Schedule of material 35 35

10 Specimen Format of Bank Guarantee 36 37 Member Secretary Purchase advisory Committee (E) (M) & Ex.Engr, Mechanical Stores Division, Dapodi, Pune-411012

DETAIL E-TENDER NOTICE

1

BRIEF TENDER NOTICE FOR PRESS

1

GOVERNMENT OF MAHARASHTRA Water Resources Department

E-Tender Notice No.E-2 of 2013-2014.(For Press) Detailed Tender Notice

Member Secretary, Purchase advisory Committee (E) (M) & Executive Engineer, Mechanical Stores Division, Dapodi, Pune-12 (Phone No. 020-27144389 ) invites “Online Tenders” in D Form (PWD 99 M) for the Supply of Welding Electrodes Make- (D & H Secheron )as per schedule from Original Manufacturers/ Authorised Distributors / Authorised Dealers/Sub Dealers/Authorised Stockists of Original Manufacturers.The blank tender documents are to be downloaded from the Government website http://wrd.maharashtra.etenders.in.Blank tender documents will not be sold by this office, Tenderers have to get required ID & Password from M/s Next Tenders for downloading the tender documents from the website. Enrollment of Tenderers & submission of tender will have to be done online only on the portal http://wrd.maharashtra.etenders.in. For any queries in this regard the interested Tenderers can contact

1) E-tendering Help Desk No. :- 020-25315555

2) Nodal Officer of Department :- Member Secretary, Purchase advisory Committee (E) (M) & Executive Engineer,Mechanical Stores Division, Dapodi ,Pune-12.Phone 020-27144389

Sr No.

Description of the Material to

be Supplied

Estimated Cost

Cost of Blank Tender

E.M.D.at 1%

(In `)

1

Supply of the D & H Make Welding Electrodes of various sites.

27,81,455/-

` 1000/-

` 27,900/-

TIME SCHEDULE OF THE „E‟ TENDER IS AS BELOW : - All bid related activities (Process) like Tender Document Download, Bid Preparation and Hash submission, bid submission and submission of other documents will be governed by the time schedule given under Key Dates below:

1) Period for enrollment, downloading Tender document & Bid Preparation (Technical bid & commercial bid details):- Dt. 08/04/2013 to Dt. 22/04/2013 up to 16.00 hrs 2) Closing of Tender (Technical bid & commercial bid): - Dt. 22/04/2013 @16.30 hrs

3) Date and time for submission of tender (Technical bid & commercial bid) : - From :- Dt. 22/04/2013 @ 16.31 hrs to Dt. 26/04/2013 upto 12.00 hrs. 4) Date and time of opening of Tender(Technical bid & commercial bid):Dt. 29/04/2013 (If Possible) @11.30 am. Note:All other details are given in the “Detail Tender Notice”available on site http://wrd.maharashtra.etenders.in.

Member Secretary Purchase advisory Committee (E) (M) & Ex.Engr, Mechanical Stores Division, Dapodi, Pune-411012

http://wrd.maharashtra.etenders.in/



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2

DETAIL E TENDER NOTICE

3

GOVERNMENT OF MAHARASHTRA

Water Resources Department

E-Tender Notice No.E-2 of 2013-2014.

Detailed Tender Notice

Member Secretary, Purchase advisory Committee (E) (M) & Executive Engineer, Mechanical

Stores Division, Dapodi, Pune-12 (Phone No.020-27144389 ) invites “Online Tenders” in D

Form (PWD 99 M) for Supply of Welding Electrodes Make-(D & H Secheron) as per

schedule from Original Manufacturers/ Authorised Distributors / Authorised Dealers/Sub

Dealers/Authorised Stockists of Original Manufacturers.The blank tender documents are to be

downloaded from the Government website http://wrd.maharashtra.etenders.in.Blank tender

documents will not be sold by this office, Tenderers have to get required ID & Password from

M/s Next Tenders for downloading the tender documents from the website. Enrollment of

Tenderers & submission of tender will have to be done online only on the portal

http://wrd.maharashtra.etenders.in.

1) Procedure for the participation in the „e‟ tendering enrollment. 1.1 Enrollment of the Tenderer : It is essential that Tenderer reads and agrees to the Terms of

Use before proceeding with any operation on the e-Tendering System for Government of

Maharashtra. By enrolling and continuing to use the e-Tendering System for Government of

Maharashtra, the Tenderers states that he/she has read and agreed to the Usage

Agreement and Privacy and Confidentiality Policy of the Service Provider of the e-Tendering

System for Government of Maharashtra.

1.2 Interested Tenderers will be permitted to download the blank tender documents online on

the portal http://wrd.maharashtra.etenders.in only after the Tenderer obtains ID & password

from M/s Next Tenders.

2) Submission of Tender for Tenderers.

2.1 For submission of the tender please follow the guidelines given on the portal

http://wrd.maharashtra.etenders.in. under “E-Tendering Toolkit For Bidders”.

…..Contd…..

Signature of Tenderer No. of Member Secretary, with Seal Corrections Purchase advisory Committee (E) (M & Ex. Engr .Mech. Stores Division Dapodi, Pune 12.





4

2.2 The Bidders are required to encrypt and sign their Bid Data on the e-Tendering System for

Government of Maharashtra using only a Class II –Digital Signature Certificate.

Important Note: Bid for a particular Tender can be submitted only using the same Digital

Signature Certificate, which was used to encrypt and sign the data during the Bid

Preparation and Hash Submission stage of the online tendering process. In case , during

the process of particular tender, the Bidder losses his/her Digital Signature Certificate (i.e

virus attack , hardware failure problem in the operating system of the machine), he/she may

not be able to submit the Bid online. Hence the Authorized Users are advised to back up

their Digital Signature Certificates and keep the copies at safe places under proper security

to be used in case of emergencies.

2.3 No Changes are to be made by the Tenderer in the tender documents published on the

website. If any changes made, the tender documents will be rejected & action accordingly

will be taken against the Tenderer. Information published on the government website will be

final.

2.4 Right to reject any or all the tenders without assigning any reason thereof is reserved.

2.5 Interested eligible Tenderers may obtain further information of technical specifications,

required quantities and other terms and conditions applicable for procurement of above

material from the downloaded tender documents.

3] Online Submission of e-Tender

3.1 Enrolled Tenderers will be able to submit their bid documents ( Technical bid & Commercial bid)

online during the period Dt.22/04/2013 to Dt.26/04/2013 upto 12.00 hrs only after successful

completion of bid preparation (Technical bid & Commercial bid) on the portal

http://wrd.maharashtra.etenders.in within the given time schedule.

3.2 Enrolled Tenderers have to submit the tender online only. For this process Tenderer

have to use e-tender program of M/s Sify –NexTenders which is approved by Government

of Maharashtra vide Government resolution No 273/39 Dated 19/01/2013 and should pay the

charges to M/s. Sify –NexTenders as applicable. For any difficulty in operating this system

Tenderers can contact

E-tendering Help Desk No:- 020-25315555 …..Contd…..



5

4] The details relevant to the tenders are as follows

4.1 Details: Supply of Welding Electrodes Make-(D & H Secheron)

Sr.No. Description of the Material to be Supplied

Qty. Delivery Period

Place of delivery

1

E 6013 (Medio)

1) 4.00 × 450 mm 2) 5.00 × 450 mm

17280 Nos. 2000 Nos.

As early as possible but within 30 Days from the date of Issue of supply order

Dy.Engr.,Gate Erection Sub Dn No. 3 B Pune & 3 C Sangli.

2

E 7018 (Supratherme)

1) 3.15 × 450 mm 2) 4.00 × 450 mm 3) 5.00 × 450 mm

20400 Nos. 72520 Nos. 39000 Nos.

1)Dy.Engr.,Gate Erection Sub Dn. No. 3 B Pune, 3 C Sangli. 2)Dy. Engr. Gate Mfg. Sub Dn. A-1, A-2 & A-3 Dapodi,Pune-12

3

E 7016 (Indotherme)

1) 3.15 × 450 mm 2) 5.00 × 450 mm

400 Nos. 2080 Nos.

1)Dy. Engr. Gate Mfg.Sub Dn. A-2,Dapodi,Pune-12

4

E 308-16(Rutox-A)

1) 3.15 × 350 mm

50 Kg

Dy.Engr.,Gate Erection Sub Dn No. 3 B Pune & 3 C Sangli.

4.2 Estimated Cost : ` 27,81,455 /-

4.3 Earnest Money 1% of total cost put to tender : ` 27,900 /- (Valid for one year in case of Deposit Receipt)

4.4 Security Deposit 3% of total estimated cost or : ` 83,500 /-

Accepted amount of tender whichever is more

Note :- A) Exemption from payment of Earnest money Deposit and Security Deposit as per the guidelines

of Central Stores Purchase manual will be admissible as under.

i) Firms located in Maharashtra State and for the items put so to Tenders registered with the

Director General Supplies and Disposals New Delhi and the Controller of Printing & Stationary

Calcutta for the items put to tender.

ii) All Government and Semi-Government institutions under Government of Maharashtra Zilla

Parishad in Maharashtra & fully owned undertaking of any State Government & Government of

India.

…..Contd…..


6

iii) Small Scale Industrial units registered with the Director of Industries, Maharashtra only for items

manufactured by them and subject to confirmation from Director of Industries Maharashtra

regarding manufactured items.

iv) Small Scale units registered with the National Small Scale Corporation & Small Industries Service Institute of Government of India, only for the items manufactured by them.

v) Textile , mills located in Maharashtra. vi) The Suppliers registered with the Central Stores Purchase Officer of the Directorate of

Industries, Maharashtra State, who have satisfactorily supplied the stores for the last five years.

B) The following categories of tenderers are exempted from the payment of

Security deposit. i) Firms located in Maharashtra State registered with the Director General of Supplies & Disposal, New Delhi & The Controller of Printing & Stationery, Calcutta for the items put to tender.

ii) All Government and Semi Government Institutions under Government of Maharashtra,

Zilla Parishads in Maharashtra & fully owned undertakings of any State Government & Government of India.

C) The tenderers who seeks the exemption from submitting earnest money deposit or security deposit should produce the valid registration certificate from D.G.S.& D. or as the case may be & necessary certificate for exemption for submitting earnest money deposit or security deposit from the competent. Authority as per G.R. Min. of Industry,

Power & Labour ¦ÉÉÆ JÉ.ºÉ. 1088/(2512) /=tÉäMÉ -6/ ¨ÉÆjÉÉ±ÉªÉ ¨ÉÖÆ¤É<Ç 32, ÊnùxÉÉÆEò 2.1.1992

5) Cost of blank tender form : ` 1,000/-

The tender cost is to be remitted by demand draft in favour of the Executive Engineer, Mechanical Stores Division, Dapodi, Pune-12 of Nationalized or any schedule bank & this original Demand draft should be sent to the office of Executive Engineer, Mechanical Stores Division, Dapodi, Pune-12 on or before last date & time of submission of Tender along with original EMD & original Solvency Certificate in a sealed Envelope by post or in person. Note:- Failing to submit the original Demand draft, original E.M.D. & original solvency certificate in a sealed envelope on or before last date of time of submission of Tender in above office, tender of such Tenderer will not be considered for opening.

…..Contd…..


7

6) TIME SCHEDULE 6.1 Downloading of Tender document & :From Dt.08/04/2013 to Dt.22/04/2013 Tender

Bid Preparation documents will not be sold by this office, Interested Tenderers have to download

tender documents from the Government website http://wrd.maharashtra.etenders.in

For any queries in this regard the interested Tenderers can contact

E-tendering Help Desk No:- 020-25315555

6.2 Closing of Tender (Technical bid & :Dt.22/04/2013 @16.30 hrs Commercial bid) 6.3 Date & time for submission :From Dt.22/04/2013 @16.31 hrs of tender (Technical bid & to Dt.26/04/2013 upto 12.00 hrs. Commercial bid) On Government website i.e

http://wrd.maharashtra.etenders.in

6.4 Date and time of opening of tenders : On Dt.29/04/2013 at 11.30 am hours (Technical bid & Commercial bid) (If possible) On Government website i.e . http://wrd.maharashtra.etenders.in. by the Executive Engineer, Mechanical Stores Division, Dapodi, Pune-12

7) Time limit for completion of work : The time limit shall be 30 days from date of placement of supply order and shall be applicable for supplying the entire quantity of material stipulated in the schedule of material of the contract.

Any material as detailed in the supply order supplied beyond the stipulated period of 30 days shall attract the provision of clause No. 2 & 3 mentioned under Conditions of contract .

8) Period of contract :The period of contract will be for a period of Six months from the date of agreement.

9) Quantity Variation :The quantity indicated in Brief tender Notice & schedule of materials are only approximate. Actual procurement may vary on either sides as per need. No claims whatsoever for the less quantity than what is mentioned in the schedule will be entertained.

10) Declaration By Tenderer :Tenderer should read the declaration by Tenderer given on page no.32 of this tender & should agree the contents in declaration.Declaration by Tenderer should be uploaded online duly signed with seal. …..Contd…..





8

11) The prospective tenderers are free to ask for any additional information or Clarifications in

writing well in advance before seven days of the date of closing of tenders. The reply to

the same will be given by the Department in writing and this clarification referred to as

common set of conditions shall form part of Tender documents and which will also be

common and applicable to all Tenders.

Any additional information or clarification regarding tender in writing from the

tenderer if received after the date i.e. Seven days before the date of closing of

tender will not be considered.

12) The tender submitted by tenderer shall be based on clarifications, additional modifications

issued (if any) by the Department & this tender shall be unconditional. Conditional

tender will be summarily rejected.

13) All Tenderers are cautioned that tenders containing any deviations from contractual terms

And Conditions, specifications or other requirement or deletion of any page of the tender

form & conditional tender will be treated as non responsive.

14) Rates communicated by Telephone /Telegram / Phonogram / Fax / Email etc. which is

other than specified mode of communication in Tender will not be considered.

15) Time limit for the uploading of offer in the tender shall strictly apply in all cases and the

Tenderers shall,therefore ensure that,their offer is uploaded in tenders well before the

expiry of time limit. Tender uploaded after the expiry of the time limit will not be accepted

and. If inadvertently submitted will not be opened.

16)The offer mentioned in the tender will remain valid for a period of 120 days from the

date of submission of tender.

17) The Government reserves the right to reject any or all the tenders without assigning any

reason thereof.

18) This is important to note that this e-tendering process adopted by the Department is

operating online. Hence there is possibility of occurrence of difficulties while operating

the e- tendering process both to Tenderer & Department. Such difficulties if arised can be

settled by discussion and mutual understanding between Tenderer, Department and M/s

Sify-NextTenders. However decision of “Department” in this matter will be final.


4

T E N D E R F O R M „ D‟

G.R.P.W.D..N88/36, dt. 19.03.40 -16- B. & C.

G.R.P.W.D..N88/36, dt. 09.04.44 I. & P.D.99m/

FORM - D Buildings and communications

Water Resources and Power Department 1. 2.

NOTES

If the tender is accepted, no separate agreement shall be necessary and the tender itself be treated as the contract.

For signature on the tender, see rule 1.

SUPPLY OF MATERIALS _______________________

TENDER AND CONDITIONS

Exempted from stamp duty, vide G.R.No.

368-A-1732,dated 9th October 1889.

General Rules and Directions for the Guidance of contractors

1. In the event of the tender being submitted by a firm it must be signed by each partner thereof, in the event of the absence of any partner, it shall be signed on his beha lf by a person holding power of attorney authorizing him to do so.

2. Receipts for payments made on account of any work, when executed by a firm, should

also be signed by all the partners except where the contractors are described in their tender as a firm, in which case the receipt shall be signed in the name of the firm by one of the partners, or by some other person having authority to give effectual receipts for the f irm.

3. The amount of earnest money to be deposited shall be at the rate of 1 percent of the

estimated cost of the work OR at such higher percentage rate as may be fixed by the officer concerned in accordance with the provisions of para 207 of the P.W.D. Manual. Such earnest money should generally be paid by the contractors direct into a treasury or a Sub-treasury and the receipt obtained therefore should be attached to the tender form.The amount of earnest money can be deposited in the form of Term Deposit Receipt or F.D.R.to the extent of 1% of Tender Value valid for period of 12 months for maturity of the Nationalized or Scheduled Bank drawn in favor of Executive Engineer,Mechanical Stores Division,Dapodi,Pune-411012.

4. The Executive Engineer or his duly authorized Assistant shall open tenders in the

presence of contractors who have submitted tenders or their representatives who may be present at the time and he will enter the amounts of the several tenders in a comparative statement in a suitable form. Receipts for the earnest money forwarded with the tenders shall be given to the contractors on the day Tender is received. In the event of a tender being accepted the contractor shall, for the purpose of identif ication, sign copies of the specif ications and other documents as may be necessary. In the event of the tender being rejected, the Divisional Officer shall authorize the Treasury off icer concerned to refund the amount of the earnest money deposited to the contractor making the tender, on his giving a receipt for the return of the money.

5. The officer competent to dispose of the tenders shall have the r ight of rejecting all or

any of the tenders. 6. Every contractor shall unless exempted in writ ing by the Superintending Engineer

produce along with his tender a solvency certif icate from the collector of the distr ict with in which he resides or a bankers certif icate of his f inancial stabil ity. if he fails to produce such certif icate, his tender shall not be considered.


-17- (a) If several sub works are included they should be detailed in a separate list.

(c) The amount of earnest money to

be deposited shall be in accordance with the provision of para 207 of the P.W.D. Manual. (d) The deposit shall be in accordance with paras 214 of the P.W.D.Manual.

e) This percentage where no security deposit is taken, will vary from 5 percent to 10 percent according to the requirement of the Case where security deposit is taken, see note to Clause 1 of conditions of contract. Amount to be specified in words & figures Strike out (a) if no cash security deposit is to be taken. Strike out (b) if any cash security deposit is to be taken.

Tender for the Supply of Materials

(I or we) the undersigned do hereby tender for supply of the materials described in the schedule attached herewith, subject to the conditions annexed.

MEMORANDUM

(a) General Description- “Supply of Welding Electrodes Make- (D & H Secheron)”

(b) Estimated cost :Rs.27,81,455/- (c) Amount of earnest money to be paid :Rs.27,900/- (d) Security Deposit :Rs.83,500/- (i) Cash ( not less than the amount :Rs. --- Earnest money ) (ii) To be deducted from current bills. :Rs. ---

-------------------------- Total Rs.83,500 /-

-------------------------- (e) Percentage, if any, [to be deducted from bills to make up the

total amount required as security deposit required by (d) above] percent.

(f) Time allowed for the work from the date of written order to commence Days .

Should this tender be accepted, I/we hereby agree to abide by and to fulfil l all the terms and the provisions o f the specification and conditions of contract annexed here to so far as they may be applicable, and in default there of to forfeit & pay to the Government of Maharashtra (herein-after referred to as “ the Government)the sums of money mentioned in the said conditions. Receipt No. Dated from the Government Treasury or sub- Treasury at in respect of the sum of Rs. …………………………................... Is forwarded herewith representing the earnest money[ (a) which may be forfeited to the Government should I/we not deposit, the full amount of security deposit, in accordance with clause -1 (A) of the said conditions of contract, otherwise, the said sum of Rs. Shall be retained by the Government as on account of such security deposit as aforesaid)] or (b) Which may be retained by the Government as on account of such security deposit specified in clause 1 (B) of the said conditions of contract ] (Signature)

(Address) Signature of Witness to signature of tenderer) Date at The 2013.


3

GENERAL RULES &

DIRECTIONS FOR THE

GUIDELINES OF TENDERER

TENDERER

-9-

General Rules & Directions for the Guidance of Tenderer

1 ] Rate should be mentioned in appropriate column of schedule only. 2 ] Rate are to be communicated Online only. 3 ] In the event of the tender being submitted by a firm, it must be digitally signed by each

partner there of or in the event of the absence of any partner it must be digitally signed on his behalf by a person holding a power of attorney authorized him to do so.

4 ] The rate should be quoted in figure as well as in words and value offered should be

written in appropriate column of schedule. Vague or incomplete offers will not be entertained. Conditions printed on over leaf of quotation will not be considered.

5] Time limit of the receipt of the tender online shall strictly apply in all cases

and the Tenderer shall ensure that their tender is uploaded on the website http://wrd.maharashtra.etenders.in well before the expiry of time limit. Tender uploaded after expiry of the time limit will not be accepted and if tender is inadvertently submitted will not be considered.

6 ] When tendered rates are the same, it is at the discretion of the accepting authority to give preference for acceptance of tender. 7 ] The tenderer should quote his rates for supply of material free delivery to the destination

of the consignee mentioned in the schedule with in the specified period. The rates should be inclusive of packing, forwarding & transport and insurance charges, or otherwise mentioned specifically.

The size of the goods to be supplied and the units should be mentioned in the Metric

system only, or as specified in the schedule. In case of the statutory increase or decrease in taxes. Excise duty, the relevant

clauses in additional conditions of contract shall be applicable. 8 ] Purchase preference shall be, regulated as per prevailing Govt. price preference as per

prevailing Govt. order shall be given in respect of eligible small scale Units/ Industries, Co -operative over the large scale Unit/ Medium Units/ Tenderers participating in the open tender enquiry.

…..Contd…..



-10- [9 ] The amount of earnest money shall be paid by the tenderer by any of the following ways

a) payment directly into District Treasury , Pune, in the name of the Executive

Engineer, Mechanical Stores Division Dapodi, Pune 12 & the receipt obtained thereof

should be produced as an E.M.D. b) Earnest money deposit can also be paid in the

form of documents of Terms / Fixed Deposit Receipt (For Period Of One year) of any

Scheduled bank / Nationalised Bank in the name of Executive Engineer, Mechanical

Stores Division Dapodi, Pune 12.

(Note :- Earnest Money Deposit in any other form viz. Cash, cheque or Demand Draft

etc. will not be accepted.)

Tenderers have to submit the Earnest money Deposit & Original Solvency

Certificate as per the given specimen of the Solvency Certificate in a sealed

envelope along with Demand Draft towards the cost of Tender and the sealed

Envelope should reach in the office of the Executive Engineer, Mechanical Stores

Division,Dapodi, Pune 12. on or before the last date & time of submission of tender (i.e

Date 26/04/2013 upto 12.00 hrs)

Tenderers are requested to keep their Earnest Money Deposit ready as the

details of the EMD are required to be entered during the Bid preparation and Hash

submission stage. The details of the EMD will be verified during the Tender opening

event and only those Tenderers whose online EMD details are found matching with the

physical EMD details shall be shortlisted for opening of other envelope.

[10] All the tenderers shall pay Earnest Money Deposit as stated in the Detailed Tender

Notice, failing which tender will be rejected.

[11] Earnest Money Deposit will be refunded after the payment of Security Deposit by the

successful tenderer, In case of the other tenderer Earnest Money Deposit will be

refunded on demand only after finalization of the contract expiry of validity period or if

the all tenders are totally rejected for any reasons whatsoever, it will be refunded on

demand

[12] The tenderer whose tender may be accepted ( here in after called the successful

tenderer) shall have to pay within 10 days from the notification of intention of

acceptance of his tender a security deposit to the Member Secretary Purchase Advisory

Committee (E) (M) & Ex.Engr. Mech. Stores Division Dapodi Pune - 411012. either in

cash or in the form of interest bearing Securities in the name of Ex. Engr. Mech. Store

Division, Dapodi Pune 411012. equal to 3% of the accepted value of the tender or

estimated value put to tender whichever is more. If the tenderer fails to deposit the

full security deposit amount within the specified period his earnest money shall

be forfeited. He shall also have to enter into an agreement for the performance of the

contract. On satisfactory completion of the supply, the security deposit of the tenderer

shall be refunded after expiry of 6 months from the date on which final bill is paid, or

after receipt of no objection certificate from consignee whichever is later.

…..Contd…..


-11- [13 ] All compensation or other sum due to Government from the tenderer under their terms

of contract shall be deducted from the security deposit amount as clarified in clause

No.1 and the „D‟ form of this contract. The defaulting tenderer shall be permanently

delisted from the list of approved tenderers and his security deposit shall be forfeited to

Government. However, on satisfactory completion of the supply the security deposit of

the tendered shall be refunded after 6 months from the date on which the final bill is

paid or if warranty clause is provided in the tender, on completion of the warranty period

whichever is later. However for doing so, report from the consignee will be necessary

.[14] The rates quoted in the tender shall apply in all conditions of weather and fluctuation in the market rates & no increase in the rate shall be granted under any circumstances except statutory charges if the tenderer has quoted basic rates and taxes, Excise Duty, Custom Duty extra separately as clarified in General rules and directions for the guidance of the tenderer are attached with this tender. The rates quoted should however always be inclusive of packing, forwarding, transportation, insurance charges etc. giving detailed break-up for the same or otherwise mentioned specifically up to place of destination mentioned in schedule “B” of material attached with this tender or otherwise mentioned in the tender specifically very clearly.

[15] No correction in the original specifications, drawings, description of material, unit quantity etc. should be made in the tender. [16] Offer of the Tenderer will be remained valid for a period of 120 days from the date of opening of Tender. [17] Right to reject any item of the tender or a tender or all the tenders without assigning any reasons there off is reserved. [18] i) Security Deposit at 3% of the amount of accepted items in the form of F.D.R. / N.S.C. / Bank Guarantee from National / scheduled bank valid for 12/18 months drawn, in favour of the Executive Engineer, Mech. Stores Division Dapodi, Pune - 12 is to be paid if tender is accepted.

ii) Additional Security Deposit will have to be paid in the form of F.D.R. / N.S.C. / Bank Guarantee from National / scheduled bank if the lowest rates are more than 10% below than the estimated cost. This amount of additional Security Deposit will be amount equal to 10% of revised estimated cost based on percentage of offered rate by the tenderer. [19] Conditional tender will not accepted. [20] Any ommissions and discrepancies noticed by the tenderer in the specification, drawings, description of the material etc.or its wording should be brought to the notice and elucidation called for before quoting rates no claims on this account shall be entertained after the tender is received. [21] The tender which does not fulfill the conditions of the detailed tender notice General rules and directions for the guidance of the tender given in the tender and “D” form and thus incomplete in any respect is likely to be rejected without assigning any reasons thereof. …..Contd…..


-12-

[22 ] Manner of submission of Tender and its accompaniments.

Enrolled Tenderer shall submit tender documents online in prescribed manner as described below.

22.1] Acceptance of Terms of Use: It is essential that the Tenderer reads and agrees to the Terms of Use before proceeding with any operation on the e- tendering system for Government of Maharashtra. By enrolling and continuing to use the e-Tendering system of Government of Maharashtra, the Tenderer states that he/she has read and agreed to the Usage Agreement and Privacy and Confidentiality Policy of the Service Provider of the e-Tendering system for Government of Maharashtra,

22.2] The Bidders are required to encrypt and sign their Bid Data on the e-Tendering System for Government of Maharashtra using only a Class II- Digital Signature Certificate. Important Note: Bid for a particular Tender can be submitted only using the same Digital Signature Certificate, which was used to encrypt and sign the data during the Bid Preparation and Hash Submission stage of the online tendering process. Incase, during the process of a particular tender, the Bidder losses his/her Digital Signature Certificate (i.e virus attack, hardware failure, problem in the operating system of the machine), he/she may not be able to submit the Bid online. Hence, the Authorized Users are advised to back up their Digital Signature Certificates and keep the copies at safe places under proper security to be used in case of emergencies. While applying for Digital Certificate User must use internet explorer 6 or internet explorer 7 22.3] Original EMD/Original Solvency Certificate/Original D.D for tender cost:- Tenderer

should submit the Original EMD,Solvency Certificate & Original DD towards the cost of

tender in a sealed Envelope in the office of Executive Engineer,Mechanical Stores

Division,Dapodi, Pune 12. on or before the last date & time of submission of tender.

22.4] Technical Bid Details :- The Technical Bid Details for “Supply of Welding Electrodes Make- (D & H Secheron)” Technical Bid Details shall contain the “following scanned documents .

a) Cost of blank Tender forms – Details of the demand draft towards the cost of Blank

Tender form should be uploaded along with scanned copy of demand draft. b) Earnest Money deposit Receipt –as specified under clause 9 above.(Page No.10)

Original Terms Deposit Receipt to the extent of 1% of tender value valid for a period of 12 months for maturity in the name of Executive Engineer, Mech. Store Division, Dapodi, Pune – 12 of the National / Scheduled Bank or receipt of treasury challan of State / Reserve Bank of India, in support of payment of Earnest money as stated in General Rule No. 3 of Form (D) or exemption certificate if any duly signed by competent authority in original.

…..Contd…..


-13- c) Solvency Certificate – As stated in General Rule 6. of form “ D” The Original solvency certificate of value not less than 20 % of the Estimated cost put to tender issued by any Nationalized bank or Scheduled Bank or from the Collector of the District in which the tenderer resides.The certificate will be treated as valid if the date of issue of Solvency certificate issued by the bank is within the earlier six (6) months period from the date of opening of this tender. Further, if the validity period of the certificate expires at the time of signing the agreement, fresh certificate, if required is to be produced before signing the agreement please note.

d) VAT Registration & VAT paid certificate -Sales Tax Registration Certificate or VAT Registration Certificate & Certificate from The Sales Tax Officer of the Area, who assesses the Sales Tax for the Tenderer stating that there are no dues about this Tax upto March – 2012 in form 415 or exemption certificate for payment of Sales Tax from competent authority duly attested. e) Authorisation Certificate – Original / Attested scanned copy of current authorization certificate showing the period of validity issued by a competent authority regarding dealership / stockiest etc. should be produced. f) Partnership Deed – Certified copy of Registered Partnership Deed in case partnership firm or the Memorandum of Articles of Association in case of limited company with General Power of Attorney in the name of person signing the tender on Court Fee Stamp paper in original. g) List of Government Offices and their addresses whom the tenderer has supplied the Material if any.

h) Any other information the tenderer feels worth mentioning about his offer. i) The tenderer should furnish information as per enclosed statement (on page No.34) in Technical Bid as per G.R. no. BKS – 1094 / (2679) IND.6 Dt 30-03-94, from industries, Power & Labour Deptt, Mantralaya, Mumbai. Note:- All above documents should be attested by the competent authority

except those documents which are required in original.

…..Contd…..


-14-

22.5] Commercial Bid Details :- The Commercial Bid Details for “Supply of Welding Electrodes Make- (D & H Secheron)” i.e Commercial Bid Details shall contain the following. The contrator should submit his rate online only in the respective column of the schedule at appropriate place. The firm should not quote their rate any where directly or indirectly in Technical Bid Details, The Tenderer should quote for the work as specified in schedule & as per details given in the main tender. The tender shall be unconditional. NOTE:- a] The tenderer shall quote rates in words and figures carefully.The amount of each item should be worked out carefully and the total amount of offer should also be worked out and written in the schedule in the space provided. Should there be any difference noticed between rates quoted by the tenderer in figures, in words and in total amount worked out for any of the item, the correct rate for the item would be the one which is the lowest. Tenderers are therefore cautioned to be attentive while quoting rates in figures and words and in working out total amount of items. No complaints shall be considered afterwards and the decision given by the Purchase Advisory Committee (E) (M), Pune regarding final accepted rate of any of the items in the tender, shall be final and binding upon the tenderer.

b] The unit mentioned in the schedule shall be noted carefully and it should not be changed.

22.6] Submission of Tender :-

The two Bid details i.e Technical Bid Details & Commercial Bid-Details together shall be submitted online on portal http://wrd.maharashtra.etenders.in This sealed information for “Supply of Welding Electrodes Make- (D & H Secheron)”. Shall be submitted online as per the guidelines of e-tendering programme. The date and time for submission of Bid Details containing tender shall apply in all cases. The Tenderer should ensure that their sealed tender is uploaded on or before the expiry of the notified date & time of submission.

Tender uploaded online after the due date and time will either not be accepted or if in

advertently uploaded will not be considered.

23 ] Opening of Tenders

Opening of the tender will be carried out on the date specified in the Tender notice or on

any other suitable date in the presence of representative of Tenderer if they are present.

Following procedure will be adopted during the opening of the tender.

23.1] It is necessary to produce the authority letter from competent authority

for attending the “Tender Opening” by the representative of enrolled

tenderer along with photo identity.

…..Contd…..



-15-

23.2] Original demand draft towards the cost of tender fee and Original F.D.R or other

document towards the Earnest Money Deposit & Solvency Certificate submitted by the

Tenderer in the office of the Executive Engineer, Mechanical Stores Division, Dapodi,

Pune 12 before the opening of the tender will be verified. The Tenderer who fails to

produce these documents, or submit improper documents, the further online tender of

such Tenderer will not be considered for opening.

23.3] Technical Bid Details

First of all Technical Bid of the Tenderer shall be opened to verify its contents as per

requirements. If the various documents contained in this envelope do not meet the

requirements of the Tender Conditions, Envelope No 2 i.e Commercial Bid Details of

such Tenderer will not be opened and the same will be recorded in the office.

23.4] Commercial Bid Details

This Bid shall be opened immediately after opening of Technical Bid only, if contents of

Technical Bid are found acceptable to the department. The tender rates in the schedule

shall then be disclosed.

24 ] Offer of the Tenderer will be remained valid for a period of 120 days from the date of opening of Tender. (Page-11)

25] Evaluation

For observing maximum economy & benefit to Govt. tender will be evaluated on the

basis of lowest total cost offered including all taxes & other expenditure. Although the

above paragraph indicates general methodology of selecting the lowest tender to be

considered for award, Government reserves the right to select most economical

combination of the tender / Tenderer which is / are most beneficial to the Government.

25.1] If the same rate is quoted by two or more Tenderers, the decision of accepting tender by

authority shall be final.

26] Right to reject any or all the tenders without assigning any reason thereof is reserved by

the Government .



-18-

CONDITION OF CONTRACT Clause 1: The person / persons whose tenders may be accepted (herein after called the contractor) shall (within ten days- for a contract of Rs. 10000/- or more on receipt by him of the notification of the acceptance of his tender) deposit with the Executive Engineer, ( If deposited for more than 12 months) a sum which with the amount of the earnest money deposited by him with his tender will make up the full security deposit. All compensation or other sums of money payable by the Contractor to the Government under the terms of his contract may be deducted from or paid by the sale of a sufficient part of his security deposit or from the interest arising there from or from any sums which may be due or may be come due to the contractor by the Government on any account whatsoever and in the event of his security deposit being reduced by reason of any such deduction or sale as aforesaid the contractor shall within 10 days there after make good in cash or Government securities endorsed as aforesaid any sum or sums which may have been deducted from or raised by sale of his security deposit or any part there of. The security deposit referred to when paid in cash may, at the cost of the depositor be converted into interest bearing securities provided that the depositor has expressly desired this in writing if the amount of the security deposit to be paid in a lump sum within the period specified at above is not paid, the tender / contract already accepted shall be considered as cancelled and the legal steps taken against the contractor for recovery of the amount. The security deposit pledged by contractor shall be refunded after the expiry of six months from the date on which the final bill paid. Clause 2: The contractor shall deliver the materials on or before the dates mentioned in the tender failing which he shall be liable to pay a sum of Rs. as & for liquidated damages for every day that he shall delay the delivery of the said materials. Please see clause 15 of the additional condition. Clause 3: In every case in which the delay mentioned in clause 2 shall continue for consecutive days. The officer competent to dispose of the tender shall have power either to annual the contract although either or to have the supply completed without further notice at the contractor’s risk & expense, as he may been necessary in the interest of the Government & the contractor shall have no claims to compensation for any loss that he may thus incur on account of the action of the said officer.

Security deposit.

Liability of contractor for failure in delivery of materials

No Claim to compensation for loss thus

sustained.

…..Contd…..


-19-

No compensation for restriction of work Extension of time Approval of and receipt for materials. Certificate. Payment for materials. Action when inferior material is supplied

.

Clause 4 :- If at any time after the execution of the contract documents the Executive Engineer or his assistant shall for any reason whatever, not require the, whole or any part of the work as specified in the tender to be carried out, Executive Engineer or his Assistant shall give notice in writing of the fact to the contractor(s) who shall there upon have no claim to any payment or compensation so ever on account of any profit or advantage which he/they what might have derived from the execution of the work in full but which he/ they did not derive in consequence of the amount of the work not having been so carried out. Clause 5 :- If the contractor shall be hindered in the supply of the materials so as to necessitate an extension of the time allowed in this tender, he shall apply in writing to the officer in charge of the work who shall grant it in writing with the sanction of competent authority on reasonable grounds being shown for it. In the absence of such written authority of the Executive or Assistant Engineer, the contractor shall have no claim to exemption from the fine legible under clause 2. Clause 6 :- The contractor shall give notice to the Executive Engineer, or his Assistant of his intention of making delivery of materials, and on the materials being approved, a receipt shall be granted to him by the Executive Engineer, or by his Assistant & no materials which is not so approved shall be considered to have been delivered. Clause 7 :- On the completion of the delivery of the materials the contractor shall be furnished with a certificate to that effect, but the delivery shall not be considered to be complete until the contractor shall have removed all rejected materials, & shall have the approved materials stacked or placed in such position as may be pointed out to him. Clause 8 :- The material to be supplied shall be of the best quality and in strict accordance with the specification and the contractor shall receive payment for such materials only as are approved & passed by the Executive Engineer or his Assistant. Should the Executive Engineer, consider that any of the materials delivered are not of the best quality or are not in strict accordance with the specification but that may be accepted and made use of it shall be within his full discretion to accept the same at such reduced rates as he may fix thereon. Clause 9 :- In the event of the material being considered by the officer in charge of the work to be inferior to that described in the specifications the contractor shall, on demand in writing, forth with remove the same at his own cost and in the event of his failure to do so within such period as may be named by the Executive Engineer or his Assistant the said officer may have such rejected material removed at the contractors risk and expense, the expense so incurred being deducted from any sums due or which may become due to the contractor.

…..Contd…..


-20-

Clause 10 : If the contractor or his workmen shall break or deface any building road, fence, enclosure, or grassland, or any cultivated land, he shall repair or replace the same and if any damage has been done, he shall make good the same at his own expense and, in the event of his refusing or failing to do so, the damage shall be made good at the contractors expense, by the officer inviting the tender who shall deduct the cost from any sums due or which may become due to the contractor or from his security deposit or the proceeds of sale there of or a sufficient portion thereof. Clause 11 : The contractor shall supply at his own expense all tools, plants & implements required for the due fulfillment of his contract, and the materials shall remain at his risk till the date of final delivery, except such portion as shall have been in the meantime removed for use by the Executive Engineer or his Assistant.

Clause 12 : No materials shall be brought to the site of the work or delivered on Sundays, without the written permissions of the officer in change of the work. Clause 13 : This contract shall not be sublet without the written permission of the Executive Engineer, In the event of the contractor sub- letting his contract without such permission, he shall be considered to have there by committed a breach of the contract, and shall forfeit his security deposit, and shall have no claim for any compensation for any loss that may accrue on account of the collection of the materials or engagement entered into. Clause 14 : The contractor shall be responsible for and shall pay any compensation to his workmen which may be payable under the Workmen’s Compensation Act. 1923 (VIII of 1923), here in after called the said Act. for injuries suffered by them. If such compensation is paid by the Government as principal under sub-section (1) of section 12 of the said Act on behalf of the contractor, it shall be recoverable by the Government from the contractor under sub- section (3) of the said section. Such compensation shall be recovered. In the manner laid, down in clause 1 above. Clause 15 : The decision of the Superintending Engineer for the time being shall be final binding, and conclusive on all questions relating to this meaning of the specification. Clause 16 : No guarantee can be given that the total number of quantities of material indicated in the schedule of the contract will be ordered during the period of the contract, But the Executive Engineer shall purchase from the contractor all such materials as are detailed in the schedule, which he may require to purchase from the contractor all such materials as are detailed in the schedule, which

he may require to purchase during the period of the contract.

Action for damages Supply of tools, plant etc. by contractor for due fulfillment of contract Delivery on Sundays. Sub -letting of contract. Compensation under the Workmen’s Compensation Act. Decision of Superintending Engineer to be final.

No guarantee that materials indicated in the schedule will be ordered

…..Contd…..


-21-

Contractor bound to complete the work at rates mentioned in contract Refund of quarry fee and royalties Minimum age of persons employed& employment of donkeys or other animals s Method of payment Acceptance of conditions compulsory before tendering work

Clause 17 :- No claim or claims made by the contractor for increased rates on the grounds that the market or other rates, included in the contract, have risen during the period of his contract will be recognized, that is to say, the contractor is bound to complete the work and / or to supply materials at the rates mentioned in the contract.

Clause 18 :- All quarry fees, royalties octroi dues and ground rent for stacking materials, if any should be paid by the contractor, who will, however, be entitled to a refund of such of the incharges as are permissible under the rules on obtaining a certificate from the Engineer-in- charge that the materials were required for use on government work. Clause 19 :- ( i ) No contractor shall employ any person who is under the age of 12 years. (ii) No contractor shall employ donkeys or other animals with breaching of string or thin rope. The breaching must be at least three inches wide and should be of tape ( Nawar) (iii) No animal suffering from sores lameness or emaciation or which is immature shall be employed on the work. (iv) The Executive Engineer or his Agent is authorized to remove from the work any person or animal found working which does not satisfy these conditions and no responsibility shall be accepted by the Government for any delay caused in the completion of the work by such removal. (v) The contractor shall pay fair and reasonable wages to the workmen employed by him in the works undertaken by him.In the event of any dispute arising between the contractor and his workmen on the ground that the wages paid are not fair and reasonable, the dispute shall be referred without delay to the Executive Engineer, who shall decide the same. The decision of the Executive Engineer shall be conclusive and binding on the contractor, but the existence of the dispute or the decision, if any, of the Executive Engineer shall not in any way affect the conditions in the contract regarding the period during which the work is to be completed or the payment to be made by the Government at the sanctioned tendered rates. Clause 20 :- Payment to contractors will be made by concerned Executive Engineer by cheque drawn on any treasury with in the Division most convenient to them, provided the amount to be paid exceeds Rs. 10. Smaller amount will be paid in cash. Clause 21 :- Any contractor who does not accept these condition shall not be allowed to tender for works and his name shall be removed from the list of contractors. Clause 22 :- The rates offered in the tender will be valid for 6 months after expairy of the agreement period. Clause 23 :- The agreement amount will be enhanced upto 200% of financial limit of the agreement by Member Secretary as per rules & regulations mentioned.


-22-

Clarification of the clauses mentioned in From „D‟& Additional conditions of contract.

1 . Rates : 1.1 For the particular tender, where list of items are not mentioned, it is

proposed to finalize a contract on the basis of maximum discount offered over the prevailing price list of the original equipment manufacture. Packing, for-warding, freight & octroi, insurance, handling and any other charges to be considered while quoting the rates.

1.2 The quantity indicated in Brief tender Notice & schedule of materials

are only approximate. Actual procurement may vary on either sides as per need. No claims whatsoever for the less drawls than what is mentioned in the schedule will be entertained.

1.3. The contractor while supplying the parts should certify on each and

every bill that prices charged in the bill are as per current price list No………………… dated ……………… of the original equipment manufacturer i.e. M/s………………………………………..….……… ………………… ……………………………………………………….….

1.4. Concessional sale tax against from ‘H’ or ‘D’ should be charged as per

rules separately by consignee. In case there is a statuary increase in taxes. Proportionate increase in accepted tender rates shall be effected on production of documentary evidence & certified true copies only. In case there is statutory decrease in duly, proportionate reduction shall be made from the accepted tender rates.

1.5. Octroi duty exemption pass will be given by the consignee on demand,

which should be obtained well in advance. However, it will be issued subject to the provision made in Maharashtra Municipality (Octroi) Act. Pune-1968. Failure in obtaining octroi exemption certificate & if such charges are paid & claimed in the bill, the claim will not be accepted, In case O.E.C. is not acceptable to Municipal Authority, the same will bear by consignee and subsequently it may got reimbursed from the Municipal Authority by consignee.

1.6. Excise /Custom Duty : Excise / custom duty if applicable should be charged separately at

current prevailing rates at the time of submission of the tender & in the event of any increase in duty at the time of supply, additional claim will be allowed on production of documentary evidence & certified true copies only. In case there is a statutory decrease in duty, proportionate reduction shall be made from the accepted tender rate.

2 . Inspection : 2.1.Materials will be inspected by the consignee or his authorised

representative, if so desired, in writing prior to dispatch of materials.

Clause 16 of ‘ D ‘ form

Clause 18 of ‘ D ‘ form

…..Contd…..


-23- Clause 7 of ‘ D ’ form. Clause 2 of ‘ D ’ form

.

2.2 Test certificate, if required, should be made available promptly from

inspection and approval authority. 2.3 No inspection charges will be a paid extra on any account. 3 . Delivery : 3.1 Material mentioned in the schedule should be delivered and supplied

as per IS specifications within 30 days as mentioned in the schedule. The delivery period is to be reckoned from the date of issue of supply order.

3.2 The date of delivery means the date of receipt of accepted

materials, at site in good condition duly tested and measured by Govt. representative.

3.3 In the event if the materials are not supplied within the stipulated period of delivery, such material will not be accepted by the consignee Executive - Engineer, unless otherwise proper extension of time limit is granted by PAC- (E)(M) Extension of time limit cases shall be decided upon the reports received from the tenderer at least one week before expiry of delivery period. In such circumstances, the tenderer should apply stating specific reasons for such delays for granting extension of time limit. Grant of such extension by no means will prejudice the right of the consignee Executive- Engineer to charge for liquidated damages.

3.4 For Delivery up to Consignee Destination

Materials should be consigned to the consignee & dispatched by Rail to the nearest Railway Station or by Road Transport to the consignee destination freight duly paid at career’s risk, which should also be property covered by Transit Insurance with Government Insurance Fund, Mumbai.

Transit Insurance of goods consigned should be done by the tendered only with the insurance Office. Government Insurance Fund, Mhada

Building, Bandra ,Mumbai under intimation to the consignee at supplier’s cost Insurance with any other Insurance agency will not be allowed.

The material should be securely packed, as per standard practice and should be acceptable to Railway Authorities, Transport Authorities and Government Insurance fund, Packing, notes should be furnished to the consignee in respect of every consignment.

The contractor shall pay all the charges like Railway freight, insurance octori, packing & forwarding, transit, etc. required to be paid for the supply of material without further claims of it, since the material is required to be supplied to Govt. Stores if specified in schedule of tender inclusive of all such charges.

…..Contd…..


-24-

4 Test & Trials : 1. In case of Machinery / Equipment the supplier should give the

satisfactory working trial, provide the technical know -how required to carry out installation and commissioning if mentioned in the schedule.

5 . Payment :

5.1 100 % Payment will be released against receipt of ordered and

accepted material in good condition within 30 Days. AS per clause “12”of the Additional Conditions of Contract. 6 . Warranty : OEM Standard warranty of M/s. ………. ………. ……… . The contractor / seller hereby declare that the goods / stores / articles / sold to buyer under this contract shall be of the best quality, workmanship & be strictly in accordance with the specification & particular contained in the schedule thereof. The contractor / seller hereby guarantees that the said goods / stores / articles / would continue to conform to the description & quality aforesaid for a period of ……… from the date of delivery of the said goods / stores / articles to the purchaser & that not with standing the fact that the purchaser (inspector) may have inspected and / or approved the said goods / stores / articles. If during the aforesaid period the said goods / stores / articles be discovered not to be conforming to the description and quality aforesaid or have deteriorated (and decision of the purchaser in that behalf will be final and conclusive). The purchaser will be entitled to reject the said goods / stores / articles or such portion thereof as may be discovered not to conform to the said description & quality. On such rejection, the goods / stores / articles will be at the seller’s risk and all the provisions herein contained relating to rejection of good etc. shall apply. 7.Failure & Termination of Contract If Tenderer fails to deliver the stores or any part thereof within the period prescribed for delivery Executive Engineer, shall be entitled to his opinion to take any one or more of the following steps. a) To recover from the tenderer as liquidated damages such as ½ % of the price of the undelivered stores at the stipulated rate for each week or part thereof during which the delivery of such stores may be delayed subject to maximum limit, in case of an order not exceeding rupees one lakh in value, of 10 % and in the case of an order exceeding Rs. One lakh in value, of 5% of the price of the stores so undelivered. Such penalty is to be deducted always by the consignee from the bill of tenderer. In case of assembly, which may consist of one or more components & if one or more components are not supplied, which cause for the non-use of the assembly the liquidated damages as below will be calculated. b) To purchase elsewhere on contractors account & at his risk. The stores so undelivered or other of similar description, where other exactly complying with the particulars are in the opinion of the Member Secretary, which shall be final without canceling the contract in respect of consignment not delivered.

Clause 20 of ‘ D ‘form Clause 9 of ‘ D ‘ form

Clause 2 & 3 of ‘ D ‘ form …..Contd…..


-25-

Clause 2 &3 of ‘ D ‘form

c) To cancel the order for undelivered items. Note :- In the event of action being taken under (b) & (c) above by Member Secretary, the tenderer shall be liable to make good for any loss which the government may sustain by reason of higher price of the stores so purchased or otherwise. The contractor / seller shall if so called upon to do replace the goods etc. or such portion thereof as is rejected by the purchaser otherwise the tenderer / seller shall pay to the purchaser such damages as may arise by reason of breach of the conditions herein contained. Nothing herein contained shall prejudice any other right of the purchaser in that behalf under this contract or otherwise Security deposit will be released only after expiry of warrantee period. 8. Validity of the Agreement : Validity of the agreement after acceptance of the tender will be for the

period Six Months from the date of the agreement. 9. Cases of Disputes :

9.1. Cases of disputes if any will be referred by the concerned Executive Engineer to the PAC-(E)(M), who will deal with such cases.

9.2. JURISDICTION : ALL SUITS ARISING OUT OF THIS AGREEMENT SHALL BE INSTITUTED IN COURT OF COMPETENT JURISDICTION SITUATED IN PUNE AND IN NO OTHER COURT.

10. DESPATCH OF MATERIALS. The material shall be accepted only during office hours on working

days. Tenderer should ensure that goods reach the destination sufficiently in advance so as to arrange their unloading during office hours by the tenderer, failing which the Department shall not be liable for unloading and for inconvenience caused to the tenderer in the form of detention etc. No claims lodged on account of detention if any will be entertained.

11. FORCE MAJEURE CLAUSE

If there is delay in performance or failure to perform obligations under the contract is be a result of an event “ Force majeure” this however shall beyond the control and not involving the supplier’s fault or negligence and not foreseeable such event may include Wars, Revolutions, Fires Floods , epidemics and quarantine, riots and Civil commotions . The delivery schedule will be modified accordingly. The supplier shall within a week notify the purchaser in writing of such conditions and causes.

12. The quantity of material mentioned may vary according to

availability of Funds No liability will be accepted in any case due to less ordered quantity.

13. The supply order will be issued as per the availability of Funds.


-26-

CONDITIONS OF CONTRACT (IN ADDITION TO THOSE MENTIONED IN PRESCRIBED FORM’D’)

CLAUSE 1 : Insurance : Transit insurance should be done by the tenderer at his cost with the Insurance Officer. Govt. Insurance fund. Mhada Building,Bandra,Mumbai under intimation to the consignee. The clause is not applicable if the delivery mentioned in the supply order is F.O.R. destination. CLAUSE 2 : Value Added Tax : The rate of Value added Tax as applicable should be mentioned separately. In case there is statutory increase or decrease in taxes, by adopting VAT System proportionate increase or decrease in accepted tender rates shall be affected on production of documentary evidence by the tenderer as per prevailing rules. CLAUSE 3 : Excise : If excise duty is quoted separately any increase or decrease in at the time of delivery within scheduled period due to statutory changes is binding on both the parties i.e. supplier and purchaser. CLAUSE 4 : Price Escalation : No price escalation for accepted rates will be entertained as per clause 17 of the “D” form of the agreement unless otherwise mentioned.

CLAUSE 5 : Octroi Duty : Octroi exemption certificate(i.e. -OEC ) will be issued by consignee. It is on the part of tenderer to collect the OEC from consignee before the dispatch materials. In case OEC is not accepted by any Municipal Authority supplier has to pay the octroi duty which should not be claimed in bill. However for refunding octroi paid by supplier necessary certificate stating that the “Materials are supplied for Government bona fide work” will be issued by consignee, supplier can reimburse the octroi paid by him from concern Municipal Corporation. CLAUSE 6 : Packing : The materials should be securely packed as per the standard practice and should be dispatched so as to reach consignee in good conditions. The packing slip, Railway Receipt, Motor Transport receipt etc. should be sent by R.P.A.D. to the Consignee Executive Engineer at the cost of the Supplier. No extra charges for packing will be allowed. CLAUSE 7 : Approval of Samples : If so desired by the consignee executive engineer a sample of the material to be supplied as per the schedule of the material should be got approved from the consignee Executive Engineer, or his authorised representative within a period of seven days from the date of issue of work order. CLAUSE 8 : Consignee : All materials should be delivered to the Consignee Executive Engineer or his authorised representative at the destination mentioned in the schedule of material and the rates quoted shall be inclusive of transport and other charges towards it.

…..Contd…..


-27- CLAUSE 9 : Inspection : a) The materials will be inspected by the consignee Executive Engineer, or his authorised

representative prior to dispatch of materials if so desired by him in writing. b) Test certificate from Govt. Institute if required should be made available promptly for

inspection and approval. c) Inspection charges will not be paid extra on any account. d) In case of each offer, the name of the original manufacturer together with its brand name

and place of manufacturer should be mentioned in the tender along with the leaflet, catalogue and literature & a list of customers who are using the product.

e) All the materials ordered to be supplied should be offered for inspection in open condition within seven days from the date on which samples are approved and the same will have to be repacked without any extra cost.

CLAUSE 10 : Delivery : As early as possible but within 30 Days from the date of Issue of supply order. (a) Where inspection of goods is not required to be done, material mentioned in the schedule

should be delivered and supplied as per the specifications and as per delivery schedule from the date of issue of work order which includes loading, unloading stacking, restacking etc. which shall be done by the tenderer at his cost.

(b) Where inspection is to be carried out at Mfg.’s works / Godown the period of delivery shall be reckoned from the date of inspection.

(c) Material should be consigned to the consignee properly covered by transit insurance with the Govt. Insurance Fund, Mumbai and should be delivered at the place specified in the tender. If any cost is involved in this process. It shall be recovered from the supplier.

(d) At the time of delivery of materials. If the material is found not confirming to the specification and other requirement or if it is found to be inferior or in damaged conditions, it will be rejected by the consignee Executive Engineer or his authorised representative and the rejected materials will have to be removed at tenderer risk and cost within seven days or as ordered by the consignee Executive Engineer, without any claims on the Department, otherwise ground rent will be recovered from the tenderer as well as decided by the Purchase Advisory Committee (E) (Mech.) the consignee Executive Engineer’s decision regarding quality of the material shall be final and binding upon the tenderer and the consignee will not be responsible for custody of the material.

(e) In case the material cannot be supplied within the stipulated period of delivery the tenderer should apply for granting extension of time limit to the Purchase Advisory Committee (E) (Mech.) Pune 12. before the delivery period is over, giving specific reasons for such delay. And in such cases extension of time limit shall be decided by the Purchase Advisory Committee (E)(Mech.) Pune on the merits of Individual cases.Consignee will not accepted the material unless extension is granted by the P.A.C.(E) (Mech.),Dapodi,Pune 12. (f) The tendered rates shall be for supply of materials at the destination mentioned in the schedule of materials. If the material is required to be transported at place other than Consignee’s destination as per instructions given by the consignee the additional expenditure on transportation from the consignee’s destination to the changed destination place is to be borne by the consignee Executive Engineer. The supplier will have to supply the material in full in the period specified in the schedules. If the material is not supplied within the specified period action will be taken as per clause No. 15 of the additional conditions.

…..Contd…..


-28-

CLAUSE 11 : Bills :

The bills should be submitted in triplicate to the consignee Executive Engineer.

CLAUSE 12 : Payment :

100% payment of the accepted materials will be made within 30 days by the consignee Executive Engineer, from the date of receipt of ordered and accepted materials. However Govt. shall not bear any liability to pay interest on bill the payment of which is delayed for any reason whatsoever.

CLAUSE 13 : Errors, omissions and discrepancies etc. :

Any errors, omissions and discrepancies noticed by the tenderer in the description specification and drawings shall be brought to the notice of Member Secretary P.A.C. (E) (Mech.) & Ex. Engr. Mech. Stores Division Dapodi Pune -12, well before submission of tender and elucidation’s sought for.

If C.S.P.O. Mumbai or D.G.S. & D. New Delhi has concluded any Rate / Running

contracts for any or all items included in the Tender Certified copies of such Rate/Running Contracts should be submitted with the tender.

If after publication of the tender notice it is noticed that rate / running contracts are

fixed or are being fixed by the C.S.P.O / D.G.S. & D. then the tender for such items will be cancelled by P.A.C. (E) (M) and the decision of P.A.C. (E) (Mech) will be binding on the supplier.

CLAUSE 14 : Test Certificate. : Material shall be supplied according to relevant Indian Standard Specifications and

should be branded / marked with relevant I.S. number. If the material is not according to the relevant Indian Standard or detailed specifications accompanying the tender, the tenderer shall produce test certificate from the Institution approved by Govt. without which the material will not be accepted. Cost involved for such test will have to be borne by the supplier.

While accepting the “D” Tender the rates of the materials as per ISI specification will

only be considered. If the material is not covered by ISI specification, the rates of the materials as per Tender specifications will only be considered.

Third party inspection by the govt. approved institutions is to be carried out at Tenderer’s

cost, if applicable.

…..Contd…..


-29-

CLAUSE 15 : Failure and Termination of Contract. : If the tenderer fails to deliver the materials or any part thereof, within period prescribed for delivery or fails to replace any stores rejected by the consignee within such time as may be stipulated, the consignee Executive Engineer shall be entitled to take any one or more action as follows. i) To recover from the supplier as liquidated damages a sum equivalent to ½ (half) percent of the price of the undelivered stores at the accepted rate for each week or part thereof during which the delivery of such stores may be delayed subject to a maximum limit in the case of an order not exceeding rupees one lakh in value, of 10 % and in the case of an order exceeding rupees one lakh in value, of 5 percent of the stipulated price of the stores so undelivered.Such penalty is to be deducted by the consignee from the bill of tenderer. ii) To recommend to the Member Secretary P.A.C. (E) (Mech.) & Executive Engineer Mech.

Store Division Dapodi, Pune 12 to cancel the contract. iii) In case the tenderer fails to supply full Qty. and or fails to pay full penalties as ordered by the

consignee Executive Engineer, within 30 days from the written orders of the consignee Ex. Engr. to do so the defaulting tenderer shall be permanently delisted from the list of approved tenderers and his security deposit shall be forfeited to the Government. The amount of penalty shall be recovered from any sums due to be paid to the supplier by any Govt. officer, and no complaint from the supplier shall be entertained. The decision of the consignee Executive Engineer shall be final as regards the acceptability of s supplied by the tenderer. The consignee Executive Engineer shall not be required to give any reasons in writing or otherwise at any time for rejection of the stores.

CLAUSE 16 : Variation of quantity / estimated amount in the schedule : The quantities / estimated amount mentioned in the schedule of materials may increase to 200% as per G.R. No. Purchase Organisation 1088/(2512) / Industries 6 dated 2-1-1992, and the tenderer will have to supply the same at the same rate and at the same terms and conditions of the contract whenever the orders are placed the supplier can not ask for any extra claim for the same. CLAUSE 17 : Packing of Material: All original packed containers like tins, boxes etc. or wrapper supplied alongwith materials shall be the property of the Govt. and no extra payment for the same shall be made. CLAUSE 18 : Freight or transit charges : The tenderer shall pay all the charges like railway freight, octroi, Packing, Forwarding, Transit etc, required to be paid for supply of the materials without any claims since the material is required to be supplied at government stoers as specified in schedule of tender and at tendered rates. The Expenditure incurred by the consignee Executive Engineer or his representative for shifting of the supplied material from Rly. Station motor Transport Parcel Office and taking it to the Municipal Corporation area of the destination of supply, will be recovered from the supplier’s bill. If the dispatch documents are not received in time by the consignee the dummrage charges Lorry, Godown rent etc. will recovered from the supplier.

…..Contd…..


-30- CLAUSE 19 : Stacking of Materials : While stacking or storing of material at the store the tenderer shall take all precautionary steps to see that it does not obstruct or interfere with the regular traffic lanes through air or water ways and it does not endanger or cover up any built up structure such as drains, manholes fire hydrants and uncovered drains etc. and he shall make good the damages caused knowingly or inadvertently at his own cost and compensate without any claim. CLAUSE 20 : Warrantee clause : The tenderer hereby declares that the materials supplied under this contract shall be of the best quality and good workmanship and shall be strictly be in accordance with the specification and particulars mentioned in the schedule.The tenderer also guarantees that the said materials would continue to conform to the description and quality for period of three months from the date of delivery of the material and that not with standing the fact that the consignee or his representative has inspected and / or approved the said material if during the aforesaid period of three months the said materials be discovered not to conform to the description and quality or have deteriorated (decision of the consignee will be final and conclusive) the purchaser will be entitled to reject the said materials or such part of material there as may discovered not to conform to the said description and quality. On such rejection the materials will have to be taken back by the tenderer at his own risk and cost and in that case all the provisions herein contained relating to rejection to goods etc. shall apply. The tenderer shall if so called upon should replace the materials or such portion as is rejected by the purchaser. The tenderer shall pay to the purchaser such damages as may arise by reason of the breach of conditions here in contract. Nothing herein contained shall prejudice any other right of the purchase in that behalf under the contract. CLAUSE 21 : General : In case supply of machinery / equipment the tenderer should give the satisfactory working trial and provide technical know how required to carry out erection, operation and initial maintenance free of cost. If any condition mentioned by the tenderer conveys any controversial or different meaning than that indicated by the conditions mentioned or accompanying the tender such condition will not be accepted & P.A.C. (E) (Mech.) will not be responsible for any consequences arising out of it. CLAUSE 22 : Validity Period and Delivery Period : The Validity period of the tender shall be up to six months from the date of signing the agreement. However the delivery period of the material shall be as shown in the schedule of accepted tender and the supplies will have to be completed in that period and at the destination mentioned there in. If the supplies are not completed within the prescribed time limit necessary action as per clause 15 of the additional conditions will be taken and it will be binding up on the supplier. No claims or complaint from the supplier will be accepted in this regard. If any doubt arises regarding the tender terms and conditions, general guide lines, schedule etc. and the languages used in the tender, the decision of the P.A.C. (E) (Mech.) will be final and will be binding on the supplier and all concerned Govt. Officer. If due to reduction of budget by the Govt. or if the works for which the materials are ordered are stopped abruptly consignee Executive Engineer shall inform in writing by R.P.A.D. to the Supplier within 7 days from the date of the receipt of supply order about non-requirement of the material. The consignee will have no right or claim after that period.

…..Contd…..


-31- CLAUSE 23 : General : Where the material of specific make manufactured by the manufacturer is required and it is accordingly indicated in the schedule of the tender, the Tenderer shall attach scanned copy of a certificate if he is a authorized dealer for the said machine / material. After approval of the tender by the P.A.C. (E) (Mech.) and agreement is signed by the Tenderer after payment of security deposit, the Member Secretary P.A.C. (E) (Mech.) and Ex. Engr. Mech. Stores Division, Dapodi, Pune 12 will place orders for supply of materials within the specified period. There after the Consignee Ex. Engineer, will be responsible for following action.

a) Inspection of material as per specification. b) Acceptance of material within delivery period.

c) Making proposal for extension of time limit for the supply / if material is required after

delivery period is over.

d) Recovery of compensation.

e) Verification of the bill of suppliers and making payment as per terms and conditions of the contract.

f) Proposals for refund of Security Deposit period by the Tenderer to the Member Secretary

PAC.(E) (Mech.)Executive Engineer. Mech. Stores Division Dapodi, Pune 12.

The consignee Ex. Engineer will make corresponding of the same with the supplier. If the supplier has any difficulty or required any information, he shall contact with the consignee Ex. Engineer.

CLAUSE 24 : The above tender should not be sublet,on any ground.

6

DECLARATION OF THE TENDERER

-32-

DECLARATION OF THE TENDERER

I / We hereby declare that I / We have made my self / ourselves thoroughly

conversant with the local conditions regarding all materials and labor of which I/We

have based my / our rates for supply of materials the specifications and lead for

supply of materials having been carefully studied and understood by me /us before

submitting this tender. I / We undertake to supply the best material approved by the

Consignee Executive Engineer, or his duly authorised Assistant before starting the

supply of materials and to abide by his decision.

Further I/We declare that I/We accept the all conditions given in this tender

papers.

Date :- Place :- (Signature of Tenderer with seal)


7

SPECIMEN OF SOLVENCY CERTIFICATE

-33-

SOLVENCY CERTIFICATE FROM BANK

This is to certify that Shri. M/s. ………………………………………………….. has / have

been maintaining an S.B. / current account with us since last …………………… years From his /

her dealing with us we have found him as follows: To the best of our knowledge and

information belief he is / they are solvent to the extent of Rs. …………………………………

Rs. (………………………………………………………) This certificate is issued without any responsibility on the part of the bank of any

of its officers.

Seal of the Bank :

Date : (Signature)

Place : Branch Manager


8

SPECIAL CLAUSE PROFORMA

-34-

Special clause : As per G.R. No. BKS :- 1094/(2679) Ind. 6 Mantralaya, Mumbai- 32

dt. 30 March 1994 of Government of Maharashtra Industrial Power & Labour Department.

TENDERER SHOULD FURNISH INFORMATION IN FOLLOWING STATEMENT IN

TECHNICAL BID

Items Sr. No. of the tender enquiry

Specification of the material offered by the tenderer

Whether it satisfies with the tender specification

If not the specification which not satisfy tender specification with details.


9

SCHEDULE OF MATERIALS

In Figure In Words

1 2 3 4 5 6 7 8 9 10

Welding Electrodes

Make- D & H Secheron

a) E 6013 (Medio)

Size- 4.00 X 450 mm 17280 Nos. 14665 253411.20

5.00 X 450 mm 2000 Nos. 23322 46644.00

b) E 7018 (Supratherme)

Size- 3.15 X 450 mm 20400 Nos. 12363 252205.20

4.00 X 450 mm 72520 Nos. 16851 1222034.52

5.00 X 450 mm 39000 Nos. 23452 914628.00

c) E 7016 (Indotherme)

Size- 3.15 X 450 mm 400 Nos. 9612 3844.80

5.00 X 450 mm 2080 Nos. 21845 45437.60

Welding Electrodes

Make- D & H Secheron

a) E 308-16 (Rutox-A)

Size- 3.15 X 350 mm 50 Kg 865 43250.00

2781455.32

27,81,455/-

Signature of Tenderer No. of Member Secretary

with Seal Corrections P. A. C. (E)(M) & Executive Engineer

Mechanical Stores Division Dapodi

Pune 411012

Say Total `

SCHEDULE OF MATERIALTENDER SCHEDULE OF WELDING ELECTRODES MAKE D & H SECHERON

Govt. Offices @ Sangli

& Dapodi ,Pune -12.

Destination

Buyer's specified

delivery time

(Days)

As early as possible

but within 30 days

from the date of

issue of supply

order.

Estimated Rate

per thousand

Nos. for items

under Sr. No.1

& per Kg

for items under

Sr.No.2

(`)

Total `

Price per thousand Nos for items under Sr. No.1 & per Kg

for items under Sr.No.2 for delivery up to Destination

( including all Taxes and Duties )

1)

2)

UnitSr.

No.Description of Material

Total

Estimated

Cost

(`)

Qty

10

SPECIMEN FORMAT OF BANK GUARANTEE

-36-

SPECIMEN FORMAT OF BANK GUARANTEE 1. In consideration of the Government of Maharashtra (hereinafter called “ The

Government”) having agreed to exempt __________ ___________ __________

(hereinafter called “ The said Contractor(s)” from the demand, under the terms and

conditions of an Agreement dated ___________ made between _____ _____and

______________________ for (hereinafter called “ the said Agreement ”) of security

deposit for the due fulfillment by the said Contractor(s) of the terms and conditions

contained in the said Agreement, on production of Bank Guarantee for Rs._____ ______

( Rupees_____________________________________ only)

We _________ ____________ __________ _________ (hereinafter referred to any

schedule Bank) as_________________________________________ (indicate the

name of the bank ) do hereby undertake to pay to the Government an amount not

exceeding Rs._______________ against any loss or damage caused to or suffered by

the Government by reasons of any breach by the said Contractor(s) of the terms and

conditions contained in the said Agreement.

2. We ____________ ______________ _______________ _________ (indicate the name

of the bank) do hereby undertake to pay the amounts due and payable under this

guarantee without any demur, merely an a demand from the Government stating that the

amount claimed is due by way of loss or damage caused to or would be caused to or

suffered by the Government by reason of breach by the said Contractor(s) of any of the

terms or condition contained in the said Agreement. Any such demand made on the

bank shall be conclusive as regards the amount due and payable by the bank under this

guarantee. However our liability under this Guarantee shall be restricted to an amount

not exceeding Rs. _____________________________

3. We undertake to pay the Government any Money so demanded notwithstanding any

dispute raised by the Contractors(s) / Supplier(s) in any suit or proceeding pending

before any court or Tribunal relating thereto our liability under this present being

absolute and unequivocal. The payment so made by us under this bond shall be a valid

discharge of our liability for payment there under and the Contractor(s) /Supplier(s) shall

have no claim against us for making such payment.


-37- 4. We _____________________________________ (indicate the name of bank) further

agree that the guarantee herein contained shall remain in force and effect during the

period that would be for the perform and of the said Agreement and that it shall

continue to be enforceable till all the dues of the Government or by virtue of the said

Agreement have been fully paid and its claims satisfied or discharges or full of till

__________________Officer/ Department of ________ _ _

(indicate the name of Administrative Department) certifies that the terms & conditions of

the said Agreement have been fully and properly carried out by the said Contractor(s) &

accordingly discharge this guarantee Unless a demand or claim under the guarantee is

made on us in writing on or before the __________ _ we shall be discharged from all

liability under this Guarantee thereafter.

5. We _____________________________________ (indicate the name of bank) further

agree with the Government that the Government shall have the fullest liberty without our

consent and without affecting in any manner our obligations hereunder to vary the terms

& conditions of the said Agreement or to extend time of performance by this said

Contractor(s) from time to time or to postpone for any time or from time to time any of

the powers exercisable by the Government against the said Contractor(s) and to

forbear or enforce any of the terms and conditions relating to the said agreement and

we shall not be relieved from our liability by reason of any such variation, or extension

being granted to the said Contractor(s) or for any forbearance, act or omission on the

part of the Government of an indulgence by the Government to the said Contractor(s) or

any such matter or thing whatsoever which under the law relating to sureties would but

for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the Bank

of the Contractors(s) / Supplier(s).

7. We ___________________________________ (indicate the name of the bank ) lastly

undertake not to revoke this guarantee during its currency except with the previous

consent of the Government in writing .

Date : ____________ day of ____________201 for ___________________________

(indicate name of Bank)


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