Maharashtra Natural Gas LTD

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MAHARASHTRA NATURAL GAS LIMITED

(A joint venture of GAIL(India) Ltd & BPCL)

CNG & CITY GAS DISTRIBUTION PROJECT


FOR PUNE GA

Bid document for


Rate Contract for a period of 2 years for hiring
contractual manpower for O&M activities for MNGL,
Pune

UNDER OPEN DOMESTIC COMPETITIVE BIDDING


(THROUGH E-TENDERING MODE)

Bid Document No.: MNGL/CP/2021-22/19 Dt: 13.05.2021


Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

CONTENTS

VOLUME I OF II

PART – A 1. INVITATION FOR BIDS


2. ACKNOWLEDGEMENT CUM CONSENT LETTER
3. SUBMISSION OF BID

PART – B 1. INSTRUCTION TO BIDDERS


2. ANNEXURES TO INSTRUCTIONS TO BIDDERS

PART – C 1. GENERAL CONDITIONS OF CONTRACT (WORKS)


2. ANNEXURES TO GENERAL CONDITIONS TO CONTRACT

Page 2 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

PART - A

1.0 INVITATION FOR BIDS (IFB)

Page 3 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

SECTION-I
INVITATION FOR BIDS (IFB)

BID DOCUMENT NO.: MNGL/CP/2021-22/19 Date: 13.05.2021

M/s Maharashtra Natural Gas Ltd., Pune invites online bids (Technical & Financial) UNDER TWO
BID SYSTEM from eligible bidders for the item(s) in complete accordance with the Bid
Documents.

1.0 TENDER INFORMATION

Tender document number MNGL/CP/2021-22/19 dated 13.05.2021

ITEM(S) Rate Contract for a period of 2 years for hiring


contractual manpower for O&M activities for MNGL,
Pune
TYPE OF BID Open Domestic Competitive Bidding

TIME SCHEDULE As per Scope of Work of Vol II of II of tender document

EARNEST MONEY/ BIDSECURITY Rs.1,40,,000/- in the form of Demand Draft/BG to be in


favour of “Maharashtra Natural Gas Ltd.” payable at
Pune.
BID SECURITY VALIDITY 6(SIX) months from bid due date

TENDER FEE ((Non-refundable) Not applicable

BID VALIDITY 4(four) months from the bid due date

Pre-bid meeting date and time 20.05.2021 at 11.00 hours

Bid submission due date and time 03.06.2021 till 14:00 Hrs. IST

Bid Submission at https://etenders.gov.in

Techno-commercial bid opening date 04.06.2021 at 15:00 Hrs. IST


and time

Price bid opening date and time Date and time shall be intimated later

Address for submission of EMD/Bid Chief Manager (C&P)


Security and venue for pre-bid C&P Department,
meeting and opening of bids Maharashtra Natural Gas Limited,
Pride Purple Coronet, 2nd Floor,
Baner Road, Baner,
Pune – 411045
Contact details Telephone: +91 (20) 25611000/1190/1156
Email: [email protected] / [email protected]

Page 4 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

BIDDER ELIGIBILITY CRITERIA & As per Annexure – I to IFB


BID EVALUATION CRITERIA

NOTE: Bidders are advised to complete the registration with e-tender portal
(https://etenders.gov.in) at least two working days prior to bid submission date.

Please note that in accordance with the general conditions of tender, MNGL may amend these
dates of the tender process at its sole discretion. In case any of the specified dates are declared
a public holiday, the deadline shall be the next working date.

2.0 BIDDING PROCEDURE

Bidding will be conducted through Open Domestic Tendering. Single Stage Two Bid
system is adopted for this tender. The submission and opening of bids will be through e-
tendering mode at https://etenders.gov.in/eprocure/app. Tender document can be
downloaded from the website https://etenders.gov.in/eprocure/app or from e-tender
link given on official MNGL website www.mngl.in.

Note: To participate in the e-tendering, it is mandatory for the bidders to have user ID &
password. For this purpose, the bidder has to register itself on CPPP’s website
https://etenders.gov.in/eprocure/app. Please also note that the bidder has to obtain
digital signature token for applying in the tender and in general, activation of registration
may take 24 hours subject to the submission of all requisite documents required in the
process.

Note: MNGL in no way shall be responsible if the bidder fails to apply due to non-
possession of Digital Signature & non registration.

(The bids have to be submitted online in electronic form on


https://etenders.gov.in/eprocure/app only. No physical bids will be
accepted.)
3.0 DOWNLOADING OF TENDER DOCUMENT

The tender document is available for downloading from CPPP’s e-tendering website
https://etenders.gov.in/eprocure/app or from e-tender link given on official MNGL
website www.mngl.in for viewing / participation of the eligible bidders. Bidders meeting
the bid evaluation criteria who intend to submit their bid may download the tender for
submission by the bid due date and time. Bidder shall give an undertaking on his letter-
head that the contents of the bidding document have not been altered or modified. Bid
evaluation criteria shall be applicable for all the bidders.

Disclaimer clause: Bidders are advised to visit CPPP’s e-tendering website and MNGL
website regularly for any updates on the tender. The ignorance to visit the website will not
be accepted as a reason for any gap / missing information like corrigenda, amendments,
clarifications etc.

Page 5 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

4.0 PRE-BID MEETING:

The bidder(s) or their designated representatives, who have downloaded the bid
document, or to whom tender document has been issued and intend to bid are invited to
attend the pre-bid meeting. Bidder(s) queries if any, must reach Purchaser office at least
one day prior to pre-bid meeting date. The pre bid meeting can be organized through
video conferencing or physically. In case of physical meeting, the venue of pre bid
meeting is MNGL office at Pride Purple Coronet, 2 nd Floor, Baner Road, Baner, Pune –
411045.

Non-attendance of the pre-bid meeting will not be a cause for disqualification of a bidder.
Corrigendum / addendum, if any, to the tender document, shall be hosted on the website
subsequent to the pre-bid meeting.

Bidders may also note that the registration process for new bidders on e-tender portal
shall take a minimum of 24 hrs. Hence, bidders are advised to kindly complete their
registration on e-tender portal well in advance of the pre-bid meeting.

In case of pre-bid meeting through video conferencing, Link shall be sent to all the
interested bidders by the purchaser.

Instructions to bidders for Pre-bid meeting through video conferencing: All bidders
intending to attend pre-bid meeting must send their interest through email (at least 2
hours prior to the scheduled time of pre-bid meeting) to the purchaser. E-mail received
from bidders within specified timeline shall be invited through email to attend the meeting.

Advisories for the bidders attending the pre-bid meeting:

(1) All the Bidders who have submitted their registration details and interest to attend the
pre-bid meeting will be invited to join as guests through the link shared in mail.

(2) All bidders/participants mandatorily have to pin MNGL screen on their computer
screens during the pre-bid meeting.

(3) Bidders shall be allowed to discuss their queries in sequence of their responses
received.

(4) Time slot shall be allotted to each bidder to ask his queries.

(5) Recording of the pre-bid meeting by the bidders is strictly prohibited. Subsequent to
pre-bid meeting, corrigendum shall be issued by the purchaser regarding clarifications or
queries raised during meeting.

5.0 OTHERS:

5.1 Bid Document is non-transferable.

5.2 Bids complete in all respects should reach on or before the BID DUE DATE AND TIME.
Bids through Fax/ E-mail shall not be considered.

5.3 The Bid Document calls for offers on single point "Sole Bidder" responsibility basis.

Page 6 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

Order will be placed on the "Sole Bidder" alone (in whose name the bid document has
been issued) who will be responsible for all contractual purposes.

Further the bidders are advised to ensure that their offer is on single bidder responsibility
basis and in total compliance of scope of supply as specified in Bid Document.

5.4 The bid should be prepared by the "Sole Bidder" and should be sent to MNGL directly.
MNGL reserve the right to reject offers made by intermediaries’ representatives.

5.5 Bidder shall ensure that Bid Security having a validity of 6(SIX) months from the bid due
date, must accompany the offer in the format made available in the Bid Document.

5.6 This Invitation for Bids (IFB) is an integral and inseparable part of the enclosed Bid
Document.

5.7 MNGL reserves the right to accept or reject any or all offers without assigning any
reason, whatsoever.

5.8 ZERO DEVIATION TENDER

Bidder shall note that if any deviations are taken to the under mentioned provisions of Bid
Documents by the Bidder the bid is liable to be rejected:-

i) Do not meet BEC Criteria


ii) Bid Security
iii) Performance Security (Contract Performance Bank Guarantee), 3% of Annualized
Contract/Order value
iv) Delivery Period
v) Terms of Payment
vi) Force Majeure
vii) Resolution of Dispute/Arbitration
viii) Termination of Contract,
ix) Warranty and Guarantee
x) Offer not submitted for complete scope of work
xi) Firm prices
xii) Prices not quoted as per Schedule of Rates formats.
xiii) Bidder have been banned by Government of India or any its Agency/ Undertaking/
Department of Government of India.
xiv) Bidder is under liquidation.
xv) Bids not conforming to technical specification/requirements.
xvi) Any other such provisions if specifically stipulated elsewhere in the Bid Document.
xvii) Price Reduction Schedule.

However, MNGL reserve the right to request the bidder to withdraw the deviations
against above-mentioned provisions of Bid Documents.

Page 7 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

THIS IS NOT AN ORDER


Yours faithfully,
for Maharashtra Natural Gas Limited, Pune

Ganesh Said
Chief Manager (C&P)

Encl. 1. Vol.-I of II & Vol.-II of II of the Bid Document.

Note:

Please confirm your intention to quote or not within 5(Five) days. In case
not intending to quote then please give your valuable feedback to us.

Page 8 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

ANNEXURE-I to IFB

BIDDER’S ELIGIBILITY CRITERIA

1.0 BRIEF PROJECT DETAILS

Maharashtra Natural Gas Limited (MNGL) is a joint venture company of M/s.


GAIL (India) Limited & M/s. Bharat Petroleum Corporation Limited (BPCL).
MNGL has been set up to distribute natural gas for household / commercial
sectors including setting up CNG filling stations for vehicle in Pune, Nashik-Dhule
& Sindhudurg Geographical Area in Maharashtra & Ramanagara in Karnataka.

2.0 SCOPE OF WORK

This tender deals with Rate Contract for a period of Two years for hiring
contractual manpower for O&M activities for MNGL, Pune.

3.0 BIDDER’S ELIGIBILITY CRITERIA:

3.1 TECHNICAL:

3.1.1 Bidder must have executed a single order of value not less than Rs.17.75 Lakhs
for providing Technical manpower services in the preceding 5 years reckoned
from the final bid due date.

Note:

A Job executed by a Bidder for its own plant/ project cannot be considered as
experience for the purpose of meeting BEC of the tender. However, jobs
executed for Subsidiary/Fellow subsidiary / Holding company will be considered
as experience for the purpose of meeting BEC subject to submission of tax paid
invoice(s) duly certified by Statutory Auditor of the Bidder towards payments of
statutory tax in support of the job executed for Subsidiary/Fellow subsidiary/
Holding company. Such Bidders to submit these documents in addition to the
documents specified to meet BEC.

Documents required for Technical Criteria of BEC:

In support of this, bidder has to submit a copy of Work Order / Letter of Award /
Letter of Acceptance along with completion / execution certificate issued by
Client.

In absence of requisite documents, MNGL reserves the right to reject the bid
without making any reference to the bidder.

Page 9 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

3.2 BEC-Financial:

3.2.1 Turnover:

The bidder should have achieved a minimum annual turnover is Rs.17.75 Lakhs
in any one of the last 3 (three) audited financial years i.e. 2018-19, 2019-20 and
2020-21.

3.2.2 Net worth:

Net worth must be positive as per last audited financial statement i.e. for the year
2020-21.

3.2.3 Working capital:

The bidder should have a minimum working capital is Rs.3.50 Lakhs as per latest
audited financial statement i.e. for the year 2020-21.

If the bidder’s working capital is inadequate, the bidder should supplement this
with a letter from bidder’s bank, having net worth not less than Rs.100 crores,
confirming the availability of line of credit to cover the inadequacy of previous
year and meet the current working capital requirement.

Bidders must submit documentary evidence such as balance sheet & Profit &
Loss A/c Statement for last three audited financial years i.e.2018-19, 2019-20
and 2020-21 in support of the above.

If the audited financial results of the immediate preceding financial year i.e. 2020-
21 is not available, then the audited financial results of the year immediately prior
to 2020-21 i.e. 2019-20 shall be considered for calculation of Annual Turnover,
Net Worth and Working Capital as specified at Cl. 3.2 of Financial Criteria.

In absence of requisite documents, MNGL reserves the right to reject the bid
without making any reference to the bidder.

3.3 EVALUATION AND AWARD OF WORK:

Evaluation of the bids shall be done on overall least cost basis to the Purchaser.

In case of tie for L1 bidder, the order shall be placed on the bidder having highest
turnover during the preceding 3 Financial Years i.e. 2018-19, 2019-20 and 2020-
21.

Page 10 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

Annexure- I to IFB
FORMAT-A

ANNUAL TURNOVER

Applicant’s Legal Name : Date:


Tender No.:

Page ……… of ………..

Each bidder must fill in this form (Single Entity)

Annual Turnover data for the last 3 audited financial years.

Year Currency Amount Exchange Amount


Rate (*) (INR) (*)
Year 1:

Year 2:

Year 3:

1. The information supplied should be the – Annual Turnover of the applicant.


2. A brief note should be appended describing details as per audited results.
3. Indicate Financial year if it is different from April to March.

Signature of Bidder
(*) To filled by Owner

Page 11 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

Annexure- I to IFB
FORMAT-B
FINANCIAL SITUATION

Applicant’s Legal Name : Date:


Tender No.:
Page ……… of ………..

Each bidder must fill in this form

FINANCIAL DATA FOR LAST AUDITED FINANCIAL YEAR

Sl. Description Year


No. Amount Exchange Amount
Rate (INR) (*)
(*)
1. Current Assets

2. Current Liabilities

3. Working Capital (1-2)

4. Net Worth
Owners funds (Paid up
share capital and Free
Reserves & Surplus)
5. Profits before taxes

6. Return on Equity (5/4) x


100

1. Attached are copies of the audited balance sheets, including all related notes,
and income statement for the last Audited Financial year, as indicated above,
complying with the following conditions.

• All such documents reflect the financial situation of the bidder, and not sister or
parent companies.
• Historic financial statements must be audited by a certified accountant
• Historic financial statements must be complete, including all notes to the
financial statements
• Historic financial statements must correspond to accounting periods already
completed and audited (no statement for partial period shall be requested or
accepted).

Signature of Bidder
(*) Applicable for foreign bidders to be filled by Owner.

Page 12 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

2.0 ACKNOWLEDGEMENT CUM CONSENT


LETTER

Page 13 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

ACKNOWLEDGEMENT CUM CONSENT LETTER

To,
M/s Maharashtra Natural Gas Limited
Pride Purple Coronet, 2nd Floor,
Baner Road, Baner,
Pune – 411045
Ph.No. : 91-20-25611000
E-mail : [email protected]

Kind Attn: Shri Ganesh Said, Chief Manager (C&P)

Sub:

Dear Sir,

We hereby acknowledge receipt of complete set of Bid Document along with enclosures for the
subject works. We understand that documents received remain property of M/s Maharashtra
Natural Gas Limited and further undertake that the contents of the above bid documents shall be
kept confidential and shall not be transferred. We indicate below our intentions with respect to the
Invitation for Bid.

a) We intend to bid as requested and furnish following details with respect to our
quoting office:-

I) POSTAL ADDRESS : ___________________________________________


___________________________________________
___________________________________________

II) TELEPHONE NO. : ___________________________________________

III) TELEFAX NO. : ___________________________________________

IV) E-MAIL : ___________________________________________

V) CONTACT PERSON : ___________________________________________

b) Contact Person at Pune, if any:-

I) POSTAL ADDRESS : ___________________________________________


___________________________________________
___________________________________________

II) TELEPHONE NO. : ___________________________________________

III) TELEFAX NO. : ___________________________________________

IV) E-MAIL : ___________________________________________


V) CONTACT PERSON : ___________________________________________

Page 14 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

c) We are hereby returning the bid document as we are unable to bid for the
reasons given below.

Reasons for non-submission of Bid:


_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________

COMPANY’S NAME : ___________________________________________

SIGNATURE : ___________________________________________

NAME : ___________________________________________

DESIGNATION : ___________________________________________

DATE : ___________________________________________

Note: Bidder is requested to furnish the details mentioned at (a), (b) & (c) above as applicable,
immediately after receipt of Bid Document.

_____________________

(SIGNATURE OF BIDDER)

Page 15 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

3.0 SUBMISSION OF BID

Page 16 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

SUBMISSION OF BID

From:

M/s

To:
M/s Maharashtra Natural Gas Limited
Pride Purple Coronet, 2nd Floor,
Baner Road, Baner,
Pune – 411045

1. I/We hereby tender for execution of the WORKS of Rate Contract for a period
of Two years for hiring contractual manpower for O&M activities for MNGL,
Pune as per TENDER DOCUMENT within the Time Schedule of completion of
work for jobs, as separately signed and accepted by me/us, at the Schedule of
Rates quoted by me/us for the whole work in accordance with Notice / Letter
Inviting Tender, General Conditions of Contract, Special Conditions of Contract,
Schedule of Rates of Completion of Job, and other documents and papers, all as
detailed in the Tender documents.

2. It has been explained to me/us that the time stipulated for jobs and completion of
WORKS in all respects and in different stages mentioned in the "Time Schedule"
of completion of jobs and signed and accepted by me/us in the essence of the
CONTRACT. I/We agree that in the case of failure on my/our part to strictly
observe the Time of Completion mentioned for jobs or any of them and to the
Final Completion of WORK in all respects according to the schedule set out in
the said "Time Schedule" of completion of jobs. I/We shall pay compensation to
the OWNER as per provisions and stipulations contained in General Conditions
of Contract and I/We agree to recovery being made as specified therein. In
exceptional circumstances, extension of time which shall always be in writing
may, however, be granted by the Engineer-in-Charge at his entire discretion for
some items of work, and I/We agree that such extension of time will not be
counted for the extension of completion dates stipulated for job and for the Final
Completion of WORK as stipulated in the said "Time Schedule" of completion of
jobs.

3. I/We agree to pay the Earnest Money and Contract Performance Bank
Guarantee (CPBG) and accept the terms and conditions laid down in the
memorandum below in this respect.

MEMORANDUM

Page 17 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

(a) General Description of Work ______________________________________


______________________________________
______________________________________

(b) Earnest Money Rs.____________________________________


(Rupees)_______________________________
______________________________________

The Earnest Money is payable in the manner set


out in para 5 below.

The Earnest Money, if the tender is accepted, will


be adjusted against the Contract Performance
Bank Guarantee (CPBG), when Earnest Money is
paid by demand draft only.

(c) Contract Performance Bank 3% of the annualized CONTRACT amount which


Guarantee (CPBG) will be paid in the manner set out in the General
Conditions of Contract.

4. Should this tender be accepted, I/We hereby agree to abide by and fulfill all
terms and conditions referred to above and in default thereof, to forfeit and pay to
the OWNER or its successors or its authorized nominees such sums of money
as are stipulated in conditions contained in General Tender Notice and other
Tender Documents.

5. I/We hereby pay the Earnest Money of Rs.________________ ______ (Rupees


________________________________________________ _) in Bank Demand
Draft/Bank Guarantee No.___________________________ issued by
_____________________________ (name and office of the State Bank of India
or any Nationalized Bank) in favour of Maharashtra Natural Gas Limited, Pune.

6. If I/We fail to commence the work specified in the Memorandum in Para (3)
above, or I/We to deposit the amount of Contract Performance Bank Guarantee
(CPBG) specified in the Memorandum in (3) above, I/We agree that the said
OWNER or its successors without prejudice to any other right or remedy be at
liberty to forfeit the said Earnest Money in full, otherwise the said Earnest Money
shall be retained by OWNER towards the Contract Performance Bank Guarantee
(CPBG) specified in (3) above. The said OWNER shall also be at liberty to cancel
the Notice of Acceptance of Tender if I/We fail to deposit the Contract
Performance Bank Guarantee (CPBG) as aforesaid or to execute an Agreement
or to start WORK as stipulated in the Tender Documents.

I/We enclose herewith evidence of my/our experiment of execution of works of


similar nature and magnitude carried out by me/us in the prescribed proforma
and also the Income- Tax Clearance Certificates.

Page 18 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

Dated the ________day of _______2021

Witness:

Name in Block Letters:

Address:

Yours faithfully,
Signature of Tenderer(s) with the
seal of the Firm.

Name and Designation of authorized person signing the


Tender on behalf of the Tenderer(s).

Page 19 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

PART – B

Page 20 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

1.0 INSTRUCTION TO BIDDERS (ITB)

Page 21 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

TABLE OF CONTENTS

INSTRUCTION FOR ONLINE BID SUBMISSION

A. General
1. Scope of Bid
2. Eligible Bidders
3. Bid Evaluation Criteria
4. Bids from Consortium
5. One Bid per Bidder
6. Cost of Bidding
7. Site Visit

B. Bidding Documents
8. Content of Bidding Documents
9. Clarification of Bidding Documents
10. Amendment of Bidding Documents

C. Preparation of Bids
11. Language of Bid
12. Documents Comprising the Bid
13. Bid Prices
14. Bid Currencies
15. Bid Validity
16. Bid Security
17. Pre-Bid Meeting
18. Format and Signing of Bid
19. Zero Deviation
20. Mode of Payment
21. Agent/ Consultant/ Representative/ Retainer/ Associate

D. Submission of Bids
22. Deadline for Submission of Bids
23. Late Bids
24. Modification and Withdrawal of Bids

E. Bid Opening and Evaluation


25. Bid Opening
26. Process to be Confidential
27. Contacting the Employer
28. Examination of bids and Determination of Responsiveness
29. Opening of Price Bids
30. Correction of Errors
31. Conversion to Single Currency for Comparison of Bids
32. Evaluation and Comparison of Bids
33. Preference for Domestic bidders
34. Purchase Preference
35. Compensation of Extended Stay – Not Applicable

F. Award of Contract
36. Award

Page 22 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

37. Employer’s Right to accept any bid and to reject any or all Bids
38. Notification of Award
39. Signing of Agreement
40. Contract Performance Security
41. Corrupt or Fraudulent Practices

Page 23 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

INSTRUCTIONS TO BIDDERS
INSTRUCTION FOR ONLINE BID SUBMISSION

The bidders are required to submit soft copies of their bids electronically on the Central
Public Procurement (CPP) Portal i.e. http://etendrs.gov.in/eprocure/app, using valid
Digital Signature Certificates. The instructions given below are meant to assist the
bidders in registering on the CPP Portal, prepare their bids in accordance with the
requirements and submitting their bids online on the CPP Portal.

REGISTRATION

(i) Bidders are required to enroll on the e-Procurement module of the Central Public
Procurement Portal (URL:https://etenders.gov.in/eprocure/app) by clicking on the
link “Online Bidder Enrolment” option available on the home page. Enrolment on
the CPP Portal is free of charge.

(ii) During enrolment/ registration, the bidders should provide the correct / true
information including valid email-id & mobile no. All the correspondence shall be
made directly with the contractors / bidders through email-id provided.

(iii) As part of the enrolment process, the bidders will be required to choose a unique
username and assign a password for their accounts.

(iv) For e-tendering, possession of valid Digital Signature Certificate (Class II or


Class III Certificates with signing key usage) is mandatory which can be obtained
from SIFY /nCode/eMudra or any Certifying Authority recognized by CCA India
on eToken/ SmartCard.

(v) Upon enrolment on CPP Portal for e-tendering, the bidders shall register their
valid Digital Signature Certificate with their profile.

(vi) Only one valid DSC should be registered by a bidder. Bidders are responsible to
ensure that they do not lend their DSCs to others which may lead to misuse and
should ensure safety of the same.

(vii) Bidders can then log into the site through the secured login by entering their user
ID/ password and the password of the DSC/ eToken.

Page 24 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

SEARCHING FOR TENDER DOCUMENTS

1) There are various search options built in the CPP Portal to facilitate bidders to
search active tenders by several parameters. These parameters could include
Tender ID, organization name, location, date, value, etc. There is also an option of
advanced search for tenders, wherein the bidders may combine a number of
search parameters such as organization name, form of contract, location, date,
other keywords, etc., to search for a tender published on the CPP Portal.

2) Once the bidders have selected the tenders they are interested in, they may
download the required documents / tender schedules. These tenders can be
moved to the respective ‘My Tenders’ folder. This would enable the CPP Portal to
intimate the bidders through SMS / e-mail in case there is any corrigendum issued
to the tender document.

3) The bidder should make a note of the unique Tender ID assigned to each tender,
in case they want to obtain any clarification / help from the Helpdesk.

PREPARATION OF BIDS:

(i) For preparation of bid, Bidders shall search the tender from published tender list
available on site and download the complete tender document and should take
into account corrigendum if any published before submitting their bids.

After selecting the tender document same shall be moved to the ‘My favourite’
folder of bidders account from where bidder can view all the details of the tender
document.

(ii) Bidder shall go through the tender document carefully to understand the
documents required to be submitted as part of the bid. Bidders shall note the
number of covers in which the bid documents have to be submitted, the number
of documents – including the names and content of each of the document that
need to be submitted. Any deviations from these may lead to rejection of the bid.

(iii) Any pre-bid clarifications if required, then same may be obtained online through
the tender site, or through the contact details given in the tender document.

(iv) Bidders should get ready in advance the bid documents in the required format
(PDF/xls/rar/dwf/jpg formats) to be submitted as indicated in the tender
document/schedule. Bid documents may be scanned with 100 dpi with black
and white option which helps in reducing size of the scanned document.

Page 25 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

(v) Bidders can update well in advance, the documents such as experience
certificates, annual report, PAN, EPF & other details etc., under “My Space/
Other Important Document” option, which can be submitted as per tender
requirements. This will facilitate the bid submission process faster by reducing
upload time of bids.

SUBMISSION OF BIDS:

(i) Bidder should log into the site well in advance for bid submission so that he/ she
upload the bid in time i.e. on or before the bid submission time. Bidder will be
responsible for any delay.

(ii) Bidder should prepare the EMD as per the instructions specified in the NIT/
tender document. The details of the DD/BG/others physically sent, should tally
with the details available in the scanned copy and the data entered during bid
submission time. Otherwise the uploaded bid will be rejected.

(iii) While submitting the bids online, the bidder shall read the terms & conditions (of
CPP portal) and accepts the same in order to proceed further to submit their bid.

(iv) Bidders shall select the payment option as offline to pay the EMD and enter
details of the DD/BG/others.

(v) Bidder shall digitally sign and upload the required bid documents one by one as
indicated in the tender document.

(vi) Bidders shall note that the very act of using DSC for downloading the tender
document and uploading their offers is deemed to be a confirmation that they
have read all sections and pages of the tender document without any exception
and have understood the complete tender document and are clear about the
requirements of the tender document.

(vii) Bid documents may be scanned with 100 dpi with black and white option which
helps in reducing size of the scanned document. For the file size of less than 1
MB, the transaction uploading time will be very fast.

(viii) If price quotes are required in XLS format, utmost care shall be taken for
uploading Schedule of quantities & Prices and any change/ modification of
the price schedule shall render it unfit for bidding.

Page 26 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

Bidders shall download the Schedule of Quantities & Prices i.e. Schedule
of Rates, in XLS format and save it without changing the name of the file.
Bidder shall quote their rate in figures in the appropriate cells, thereafter
save and upload the file in financial bid cover (Price bid) only.

If the template of Schedule of Quantities & Prices file is found to be


modified/corrupted in the eventuality by the bidder, the bid will be rejected
and further dealt as per provision of clause no 17.0 of ITB including
forfeiture of EMD.

The bidders are cautioned that uploading of financial bid elsewhere i.e.
other than in cover 2 will result in rejection of the tender.

(ix) Bidders shall submit their bids through online e-tendering system to the Tender
Inviting Authority (TIA) well before the bid submission end date & time (as per
Server System Clock). The TIA will not be held responsible for any sort of
delay or the difficulties faced during the submission of bids online by the
bidders at the eleventh hour.

(x) After the bid submission (i.e. after Clicking “Freeze Bid Submission” in the
portal), the bidders shall take print out of system generated
acknowledgement number and keep it as a record of evidence for online
submission of bid, which will also act as an entry pass to participate in the bid
opening.

(xi) Bidders should follow the server time being displayed on bidder’s dashboard at
the top of the tender site, which shall be considered valid for all actions of
requesting, bid submission, bid opening etc., in the e-tender system.

(xii) All the documents being submitted by the bidders would be encrypted using PKI
(Public Key Infrastructure) encryption techniques to ensure the secrecy of the
data. The data entered cannot be viewed by unauthorized persons until the time
of bid opening. The confidentiality of the bids is maintained using the secured
Socket Layer 128 bit encryption technology.

ASSISTANCE TO BIDDERS:

(i) Any queries relating to the tender document and the terms and conditions
contained therein should be addressed to the Tender Inviting Authority for a
tender or the relevant contract person indicated in the tender.

(ii) Any queries relating to the process of online bid submission or queries relating to
CPP Portal in general may be directed to the 24X7 CPP Portal Helpdesk. The 24

Page 27 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

x 7 Help Desk Number 0120-4001002, 0120-6277787 and 0120-4001005. The


helpdesk email id is [email protected]

Page 28 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

A. GENERAL

1. Scope of Bid

1.1 The Employer, as defined in the General Conditions of Contract, hereinafter “the
Employer”, wishes to receive bids for the Work as described in biding document.

1.2 The successful bidder will be expected to complete the Works within the period stated in
Special Conditions of Contract.

1.3 Throughout these bidding documents, the terms “bid” and “tender” and their derivatives
(“bidder/ tenderer”, “bid tendered”, “bidding/ tendering”, etc.) are synonymous, and day
means calendar day. Singular also means plural.

2. Eligible Bidders

2.1 Bidders shall, as part of their bid, submit duly executed power of attorney authorizing the
signatory of the bid to bind the bidder.

3. Bid Evaluation Criteria:-

3.1 Technical Experience Criteria - As per Annexure – I of IFB.

3.2 Financial - As per Annexure – I of IFB

4. VOID

5. One Bid per Bidder

5.1 A firm shall submit only one bid in the same bidding process. A bidder who submits or
participates in more than one bid will cause all the proposals in which the bidder has
participated to be disqualified.

5.2 More than one bid means bid(s) by bidder(s) having same Proprietor / Partners / Limited
Liability Partner in any other bidder(s). Further, more than one bids shall also include two
or more bidders having common power of attorney holder.

Failure to comply this clause during tendering process will disqualify all such bidders from
process of evaluation of bids.

5.3 Alternative Bids shall not be considered.

5.4 The provisions mentioned at Sl. No. 5.1 and 5.2 shall not be applicable wherein bidders
are quoting for different Items / Sections / Parts / Groups / SOR items of the same tender
which specifies evaluation on Items / Sections / Parts / Groups / SOR items basis.

6. Cost of Bidding

6.1 The bidder shall bear all costs associated with the preparation and submission of the bid,
and MNGL will in no case, be responsible or liable for these costs, regardless of the
conduct or outcome of the bidding process.

Page 29 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

7.0 SITE VISIT

7.1 The bidder may visit and examine the site of works and its surroundings and obtain for
himself on his own responsibility, all information that may be necessary for preparation of
the bid and entering into contract. The cost of visiting the site shall be at bidder’s own
expenses.

7.2 The bidder or any of its personnel or agents will be granted permission by the Purchaser
to enter upon its premises and land for the purpose of such visits, but only upon the
express condition that the bidder, its personnel, and agents will release and indemnify the
Purchaser and its personnel and agents from and against all liabilities in respect thereof,
and will be responsible for death or personal injury, loss of or damage to property, and
any loss, damage, costs, and expenses incurred as a result of the inspection.

B. BIDDING DOCUMENTS

8. Content of Bidding Document

8.1 The Bidding Documents/ Tender Documents are those stated below and should be read
in conjunction with any addenda issued in accordance with ITB Clause 10.

Volume I of II
Volume II of II

8.2 The bidder is expected to examine all instructions, forms, terms and specifications in the
bidding documents. The Invitation for Bids (IFB) together with all its attachments thereto,
shall be considered to be read, understood and accepted by the bidders. Failure to
furnish all information required by the bidding documents or submission of a bid not
substantially responsive to the bidding documents in every respect will be at bidder’s risk
and may result in the rejection of his bid.

9. Clarification of Bidding Documents

9.1 A prospective bidder requiring any clarification of the Bid Documents may notify the
Owner and / or the Consultant as the case may be, in writing or by email at the address
indicated in the tender/RFQ. The Owner will respond in writing to any request for
clarification of the bid documents which it receives after issue of the bid documents but
prior to at least one (01) working day prior to the pre-bid meeting date. Written copies of
the Owner’s response (including an explanation of the query but not necessarily
identifying the source of inquiry) will be hosted on CPPP’s e-tendering website
https://etenders.gov.in/eprocure/app and official MNGL website www.mngl.in along
with the corrigendum before the bid due date. All such clarifications issued shall deem to
form a part and parcel of the Bid documents.

Any Clarification or information required-by the bidder but same not received by the
Employer, one (01) working day prior to the pre-bid meeting date, the same is liable to be
considered as no clarification/information required.

Page 30 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

10. Amendment of Bidding Documents

10.1 At any time prior to the bid due date, Purchaser may, for any reason, whether at its own
initiative or in response to a clarification requested by a prospective bidder, modify the
tender document, by issuing corrigendum.

10.2 Any addendum /corrigendum/ clarifications to bidders query thus issued shall be part of
the bidding documents pursuant to ITB Clause-8.0 and shall be hosted on the MNGL’s
official website before bid due date. All the prospective bidders who have attended the
Pre-Bid meeting till date shall be informed by email/ post about the addendum/
corrigendum/ clarifications to bidders query for their reference. Bidders desirous to submit
its bid have to take into consideration of all the addendum(s)/ corrigendum (s)/
clarifications to bidders query hosted on the above websites before submitting the bid.

10.3 Bidders are advised to visit MNGL’s websites and CPPP’s e-tendering website from time
to time to get updated information / documents.

10.4 In case of any inconsistency between an addendum and this tender document, the
addendum shall prevail and in similar case between two or more addenda, the last issued
addendum shall prevail.

10.5 The Purchaser may, at its discretion, extend the bid due date in order to allow
prospective bidders, a reasonable time to furnish their most competitive bid taking into
account the addenda / corrigenda issued.

C. PREPARATION OF BIDS

11. Language of Bid

11.1 The bid prepared by the bidder and all-correspondence/drawings and documents relating
to the bid exchanged by bidder and MNGL shall be written in English language. Any
printed literature furnished by the bidder may be written in another language so long as
accompanied by an ENGLISH translation duly authenticated by the chamber of
commerce of Bidders country, in which case, for the purpose of interpretation of the bid,
the ENGLISH translation shall govern. Metric measurement system shall be applied.

12. Documents Comprising the Bid

12.1 The bid prepared by the bidder shall comprise of the following components that are
required to be provided on the e-tendering portal:

12.1.1 Technical cover:


Scanned documents (duly signed by the authorized signatory) to be uploaded by the
bidder on the portal as per list below:

i) Covering Letter as per format “Submission of Tender” / “Submission of Bid”


enclosed with Part- A of Vol-I of II.
ii) Bidder’s general/ details information as per format F-1.
iii) Power of Attorney in favour of person(s) signing the bid that such person (s)
is/are authorized to sign the bid on behalf of the bidder and any consequence
resulting due to such signing shall be binding on the bidder.

Page 31 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

iv) Specific experience, annual turnover and equipment deployment details as called
for in qualifying requirements.
v) A Bid Form as per format F-2.
vi) Copies of documents as required in list of enclosure.
vii) Documents establishing the eligibility and conformity to the Bid Documents of all
Goods and services, which the bidder proposes to supply under the award. Such
document may be, literature, drawing or data and shall also include (a) the
detailed description of the Good’s essential technical and performance
characteristics; (b) a clause by clause commentary on Employer’s technical
specification and demonstrating supplies substantial responsiveness to the
specifications.
ix) Copy of Bid security in accordance with IFB & Clause 16 of ITB to be furnished
either in the form of Cashier’s / Banker’s cheque / Bank Draft payable to MNGL
at Pune/ Bank Guarantee as per format F-4.
x) Letter of authority in favour of any one or two of bidder’s executives having
authority to attend the un-priced and price bid opening on specified dates and
venue as per format F-5.
xi) Confirmation of no deviation as per Format F-6.
xii) Present commitments strictly as per form F-9.
xiii) Indian Bidders are required to submit Employees Provident Fund
registration certificate, ESIC registration certificate, Professional Tax
Registration certificate, Labour welfare registration under Maharashtra
Labour Welfare Fund Act and Shop Act Registration certificate.
xiv) Bidder’s declaration that they are not under liquidation, court receivership or
similar proceedings.
xv) Any other information/details required as per bid document.

12.1.2 Financial cover:


Price bid SOR as per prescribed format on the e-tender portal.

12.2 All the documents submitted shall be duly signed and stamped on each page by the
bidder or an authorized signatory of the bidder.

12.3 Bidders are advised to submit quotations based strictly on the terms and conditions and
specifications contained in the bid document and not stipulate any deviations. Should it,
however, become unavoidable, deviations should be stipulated only in the prescribed Pro
forma. Owner reserves the right to evaluate quotations containing deviations having
financial implications after adding the cost for such deviations as determined by Owner.

12.4 Original schedule of rates duly filled in shall not contain any condition whatsoever. Any
condition given in this part shall not be considered and shall render the offer liable for
rejection.

12.5 All signatures in bids shall be dated, as well as all pages of bids shall be initialed at lower
right hand corner by the Bidder or by a person holding power of attorney authorizing him
to sign on behalf of the bidder before the submission of bids.

12.6 The Bidder’s bid is central to the evaluation and selection process. Therefore, it is
important that the Bidder carefully prepares the bid and answers all questions completely.
Missing information and vague answers may delay the evaluation of a bid and may impair
the Bidder’s chances of success.

Page 32 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

12.7 Information received by Purchaser from the Bidder will be disclosed to Purchaser’s
employees and/or advisers or external consultants for the purpose of evaluating the bid
response.

13. Bid Prices

13.1 The Prices should be quoted in INR only.

13.2 The Bidder shall indicate in the appropriate Price Schedule, the unit prices (where
applicable) and total price of the services / works it proposes to execute under the
contract. If quoted in separate sheets and any variation in item description, unit or
quantity is noticed, the bid is liable to be rejected.

13.3 Prices quoted by the bidder, shall remain firm, fixed and valid until completion of the
contract and will not be subjected to any variation, except statutory variation (as specified
in tender document) or provision for price variation in the tender document.

13.4 All corrections and alterations in the entries shall be signed in full by the bidder with date.
No erasures or over-writings are permissible in the submitted documents.

13.5 Bidder shall quote the all-inclusive prices as per scope of work and SOR, taking into
consideration applicable GST, overheads and if applicable, all provision of safety gadgets
to their personnel, cost of material as per scope of work, transportation, conveyance,
trainings, recruitments, communication charges, cost for providing tools & tackles,
equipment, machineries, minimum spares, etc. and nothing extra shall be payable by the
Purchaser.

13.6 Bid prices must be arrived at without agreement with any other Bidder of this tender for
the purpose of restricting competition. Prices quoted by the Bidder must not be disclosed
to any other Bidder of this tender. Bidder must not attempt to induce any other Bidder to
submit or not submit a bid for restricting competition.

13.7 Alternative bids shall not be considered.

13.8 Conditional discount, if offered, shall not be considered for evaluation.

13.9 The bidder shall have to raise the Cenvatable invoice.

14. VOID

15. Bid Validity

15.1 Bids shall be kept valid for 4 (four) month from the final bid due date.

15.2 In exceptional circumstances, prior to expiry of the original bid validity period, the
Employer may request that the bidders extend the period of validity for a specified
additional period. The request and the responses thereto shall be made in writing or by
fax / e-mail. A bidder may refuse the request without forfeiture of his bid security, A
bidder agreeing to the request will not be required or permitted to modify his bid, but will
be required to extend the validity of its bid security for the period of the extension and in
accordance with Clause 16 in all respects.

Page 33 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

16. Bid Security

16.1 The bidder shall furnish, as part of his bid, bid security in the amount specified in the
Invitation for Bids (IFB).

16.2 The bid security is required to protect MNGL against the risk of bidder’s conduct which
would warrant the security’s forfeiture, pursuant to Clause-16.7

16.3 VOID

16.4 Any bid not secured in accordance with Clause-16.1 may be rejected by MNGL as
nonresponsive.

16.5 Unsuccessful bidder’s bid security will be discharged/ returned as promptly as possible
after award of contract and signing of agreement.

16.6 The successful bidder’s bid security will be discharged upon the bidder’s accepting the
award & signing the Agreement, pursuant to Clause-39 and furnishing the Contract
Performance Security pursuant to Clause-40.

16.7 The bid security may be forfeited:


a) If a bidder withdraws his bid during the period of bid validity.
b) in the case of a successful bidder, if the bidder fails:
i) to accept the Notification of Award/Service Order (SO) or
ii) to furnish Contract Performance Security in accordance with Clause-40.
iii) to accept arithmetical corrections,

16.8 Bid Security should be in favour of Maharashtra Natural Gas Limited and addressed to
MNGL. In case Bid Security is in the form of Bank Guarantee or Letter of Credit, the
same must indicate the Bid Document and the work for which the bidder is quoting. This
is essential to have proper co-relation at a later date. The Bid Security shall be in the
form provided at F-4 (Bank Guarantee).

16.9 The Indian / Domestic firms registered with NSIC/MSME, under its single point
registration scheme are exempted from furnishing Tender Fee & Bid Security,
provided they are registered for the items / work they intend to quote and subject
to their enclosing with their bid a copy of latest and current registration certificate.

17. Pre-Bid Meeting – As per IFB

17.1 The bidder(s) or his designated representative, who have purchased bid document, are
invited to attend a pre-bid meeting which will take place as indicated in IFB

17.2 The purpose of the meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage.

17.3 Text of the questions raised and the responses given, together with any responses
prepared after the meeting, will be transmitted without delay (without identifying the
sources of the question) to all purchasers of the bidding documents. Any modification of
the bidding documents listed in ITB Sub-Clause 8.1 that may become necessary as a
result of the pre-bid meeting shall be made by the Employer exclusively through the issue

Page 34 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

of an Addendum pursuant to Clause 10 and not through the minutes of the pre-bid
meeting.

17.4 Non-attendance of the pre-bid meeting will not be a cause for disqualification of a bidder.

18. Format and Signing of Bid

18.1 The original of the bid shall be typed or written in indelible ink and shall be signed by a
person or persons duly authorized to sign on behalf of the bidder. The name and position
held by each person signing, must be typed or printed below the signature. All pages of
the bid except for unamended printed literature where entries or amendments have been
made shall be initialed by the person or persons signing the bid.

18.2 The bid shall contain no alterations, omissions, or additions, unless such corrections are
initialed by the person or persons signing the bid.

19. Zero Deviation

19.1 Bidders shall note that if any deviation are taken to the under mentioned provisions of Bid
Document by the Bidder the bid is liable to be rejection.
i) Do not meet BEC Criteria
ii) Bid Security
iii) Performance Security (Contract Performance Bank Guarantee), 3% of Annualized
Contract/Order value
iv) Delivery Period
v) Terms of Payment
vi) Force Majeure
vii) Resolution of Dispute/Arbitration
viii) Termination of Contract,
ix) Warranty and Guarantee
x) Offer not submitted for complete scope of work
xi) Firm prices
xii) Prices not quoted as per Schedule of Rates formats.
xiii) Bidder have been banned by Government of India or any its Agency/ Undertaking/
Department of Government of India.
xiv) Bidder is under liquidation.
xv) Bids not conforming to technical specification/requirements.
xvi) Any other such provisions if specifically stipulated elsewhere in the Bid Document.
xvii) Price Reduction Schedule.

However, MNGL reserve the right to request the bidder to withdraw the deviations
against above mentioned provisions of Bid Documents.

20. Mode of Payment


Maharashtra Natural Gas Limited will issue A/C payee cheque for payment payable at
par, in case work is awarded to bidder.

21. Agent/ consultant/ Representative/ Retainer/ Associate - VOID

D. SUBMISSION OF BIDS
22.0 DEADLINE FOR SUBMISSION OF BID

Page 35 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

22.1 The bid must be submitted on the specified e-tendering portal as specified in IFB not later
than the time and date as specified in IFB. The online e-tendering portal will not allow any
bid or part thereof whatsoever to be submitted after the due time on the due date.

22.2 The Purchaser may, in exceptional circumstances and at its discretion, on giving
reasonable notice by email or any written communication to all prospective bidders who
have been issued the bid document to extend the deadline for the submission of bids in
which case all rights and obligations of the Purchaser and bidders, previously subject to
the original deadline will thereafter be subject to deadline as extended.

23.0 LATE BIDS

Any Bid Security / EMD received by the Purchaser after the deadline for submission of
bid may render the bid to be declared “Late” and such bid is liable for rejection; such
EMD may be returned unopened to the bidder at the sole discretion of the Purchaser.

24.0 MODIFICATION AND WITHDRAWAL OF BIDS

24.1 The bidder may modify or withdraw its bid after the bid submission, but, before the due
date of submission as per provisions provided on the e-tendering portal. After the bid due
date & time however, no modifications whatsoever are allowed in the bid.

24.2 No bid shall be withdrawn in the interval between the deadline for submission of bids and
the expiration of the period of bid validity specified by the Bidder on the Bid form. In case
of request in written by the authorized signatory for withdrawal of a bid during this
interval, the Bidder’s bid security shall be forfeited.

E. BID OPENING AND EVALUATION

25. Bid Opening

25.1 The Purchaser will open all bids on the e-tendering portal in the presence of bidder(s)
representatives who choose to attend, at the time, on the date and place (as specified in
IFB). The bidder(s) representatives, who are present, shall sign an attendance sheet
evidencing their attendance, if so required by the Purchaser.

25.2 The Bidder’s names and the presence or absence of requisite Bid Security (EMD) and
such other details as the Purchaser, at its discretion, may consider appropriate, will be
announced at the opening. No bid shall be rejected at bid opening, except for bids
without EMD.

25.3 Bids that are not opened and read out at bid opening shall not be considered further for
evaluation, irrespective of the circumstances. Bidder’s specific attention is drawn to this
stipulation to enable the representative of the Bidder at the bid opening time to bring out
to the attention for the Purchaser any documents pertaining to its bid is not being
acknowledged and relevant portions read out.

25.4 The Purchaser will prepare a bid opening statement to be signed by all representatives
present during bid opening.

Page 36 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

26. Process to be Confidential

26.1 Information relating to the examination, clarification, evaluation and comparison of bids,
and recommendations for the award of a contract, shall not be disclosed to bidders or
any other persons officially concerned with such process. Any effort by a bidder to
influence the Employer’s processing of bids or award decisions may result in the rejection
of the bidder’s bid.

27. Contacting the Employer

27.1 From the time of bid opening to the time of Contract award, if any bidder wishes to
contact the Employer on any matter related to the bid, it should do so in writing.

27.2 Any effort by the bidder to influence the Employer in the Employer’s bid evaluation, bid
comparison, or Contract award decisions may result in the rejection of the bidder’s bid.

28. Examination of bids and Determination of Responsiveness

28.1 Prior to the detailed evaluation of bids, the Employer will determine whether each bid
a) meets the Bid Evaluation Criteria;
b) has been properly signed;
c) is accompanied by the required securities;
d) is substantially responsive to the requirements of the bidding documents; and
e) provides any clarification and/ or substantiation that the Employer may require to
determine responsiveness pursuant to Sub-Clause 28.2.

28.2 A substantially responsive bid is one which conforms to all the terms, conditions and
specifications of the bidding documents without material deviations or reservations. A
material deviation or reservation is one
a) that affects in any substantial way the scope, quality, or performance of the
Works;
b) that limits in any substantial way, inconsistent with the bidding documents, the
Employer’s rights or the bidder’s obligations under the contract; or
c) whose rectification would affect unfairly the competitive position of other bidders
presenting substantially responsive bids.

28.3 If a bid is not substantially responsive, it will be rejected by the Employer and may not
subsequently be made responsive by correction or withdrawal of the nonconforming
deviation or reservation.

29.0 OPENING OF PRICE BID

29.1 In case of two-part bidding, the Bidders whose bids are found substantially responsive
shall be invited to attend the opening of price bid. Such bidders may be required to attend
the price bid opening at a short notice. The place, date and time of price bid opening will
be informed to all such Bidders. The Bidder’s representatives who are present shall sign
a register evidencing their attendance.

29.2 The bid prices stated in the price schedules will be announced during price bid opening.

Page 37 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

30. Correction of Errors

30.1 Bids determined to be substantially responsive will be checked by the Employer for any
arithmetic errors. Errors will be corrected by the Employer as follows:
a) where there is a discrepancy between the amounts in words and in figures, the
amount in words will govern; and
b) where there is a discrepancy between the unit rate and the total resulting from
multiplying the unit rate by the quantity, the unit rate as quoted will govern.

30.2 The amount stated in the bid will be adjusted by the Employer in accordance with the
above procedure for the correction of errors and, with the concurrence of the bidder, shall
be considered as binding upon the bidder. If the bidder does not accept the corrected
amount of bid, its bid will be rejected, and the bid security shall be forfeited.

31. VOID

32. Evaluation and Comparison of Bids

32.1 The evaluation and comparison of bids will be done as per the provisions of the bid
evaluation criteria as per Annexure – I to ITB (to be separately enclosed along with
bidding document against individual tenders).

33. Preference for Domestic Bidders - VOID

34. Purchase Preference - VOID

35. Compensation for extended stay - Not Applicable

F. AWARD OF CONTRACT

36. Award

36.1 Subject to Clause 28, MNGL will award the contract to the successful bidder whose bid
has been determined to be substantially responsive and has been determined as the
lowest, is determined to be qualified to satisfactorily perform the contract.

37. Employer’s Right to Accept Any Bid and to Reject Any or all Bids

37.1 MNGL reserves the right to accept or reject any bid, and to annul the bidding process and
reject all bids, at any time prior to award of contract, without thereby incurring any liability
to the affected bidder or bidders or any obligations to inform the affected bidder or
bidders of the ground for MNGL’S ACTION.

38. Notification of Award

38.1 Prior to the expiration of period of bid validity MNGL will notify the successful bidder in
writing by fax, cable or telex to be confirmed in writing, that his bid has been accepted.
The notification of award/ Service Order will constitute the formation of the Contract.

38.2 Delivery/ completion period shall be counted from the date of notification of award /
Service Order.

Page 38 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

The notification of award will constitute the formation of a Contract, until the Contract has
been effected pursuant to signing of Contract as per Clause 39 of ITB.

Upon the successful bidder’s furnishing of contract performance security, pursuant to


Clause 40 of ITB, MNGL will promptly notify each unsuccessful bidder and will discharge
his bid security, pursuant to Clause 16 of ITB.

39. Signing of Agreement

39.1 MNGL will award the Contract to the successful bidder, who, within 15 days of receipt of
the same, shall sign and return the acceptance copy to MNGL.

39.2 The successful bidder shall be required to execute an AGREEMENT in the proforma
given in of this standard bidding document on non-judicial paper of appropriate value (the
cost of stamp paper shall be borne by the Contractor), within 15 days of the receipt by
him of the Notification of Acceptance of Tender. In the event of failure on the part of the
successful bidder to sign the AGREEMENT within the above stipulated period, the Bid
Security shall be forfeited and the acceptance of the tender shall be considered as
cancelled.

40. Contract Performance Security

40.1 Within 15 days of the receipt of the notification of award/ Service Order from MNGL, the
successful bidder shall furnish the contract performance security in accordance with
Article 24 of General Conditions of The Contract in the form provided in the bidding
documents. The Contract Performance Security shall be in the form of either Banker’s
Cheque or Demand Draft or Bank Guarantee or Letter of Credit and shall be in the
currency of the Contract.

40.2 The contract performance security shall be for an amount equal to 3% of the annualized
value of the contract towards faithful performance of the contractual obligations and
performance of equipment. This Bank Guarantee/ DD/ Letter of Credit shall be from any
Indian scheduled bank or a branch of an International bank situated in India and
registered with Reserve bank of India as scheduled foreign bank. This Bank Guarantee
shall be valid for a period as stated in Article-24 of General Conditions of The Contract.

40.3 Failure of the successful bidder to comply with the requirements of this article shall
constitute sufficient grounds for the annulment of the award and forfeiture of the bid
security, in which event MNGL may award the order to the next lowest evaluated bidder
or call for new bids.

41. Corrupt or Fraudulent Practices

41.1 MNGL requires that bidders/ contractors observe the highest standard of ethics during
the execution of contracts. In pursuance of this policy, the Employer:
a) defines, for the purposes of this provision, the terms set forth below as follows:
i) “corrupt practice” means the offering, giving or soliciting of anything of
value to influence the action of a public official in the procurement
process or in contract execution; and
ii) “fraudulent practice” means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the

Page 39 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

detriment of the Employer, and includes collusive practice among


bidders (prior to or after bid submission) designed to establish bid prices
at artificial non-competitive levels and to deprive the Employer of the
benefits of free and open competition;
b) will reject a proposal for award if it determines that the bidder recommended for
award has engaged in corrupt or fraudulent practices in competing for the
contract in question;
c) will declare a firm ineligible and put on holiday, either indefinitely or for a stated
period of time if it at any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for, or in executing a contract.

Page 40 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

2.0 ANNEXURE TO INSTRUCTIONS TO


BIDDERS (ITB)

Page 41 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

CONTENTS

Sl. No. Description

1) Annexure-I : Bid Evaluation Criteria

2) Annexure-II : List of Formats

3) Annexure-III : Commercial Questionnaire

4) Annexure-IV : Check List

Page 42 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

BID EVALUATION CRITERIA


{Annexure – I TO Instruction to Bidder (ITB)}

Page 43 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

EVALUATION / COMPARISON OF BIDS

1.0 The Employer will examine the bids to determine whether the bids are complete as per
Check List and are in order.

2.0 EARNEST MONEY DEPOSIT


The bids without requisite EMD and / or EMD not in the prescribed proforma will not be
considered and bids of such bidders shall be rejected.

Note :
The Indian / Domestic firms registered with NSIC/MSME, under its single point
registration scheme are exempted from furnishing Tender Fee & Bid Security,
provided they are registered for the items / work they intend to quote and subject
to their enclosing with their bid a copy of latest and current registration certificate.

3.0 DEVIATION TO STIPULATIONS


“It may be noted that since this is zero deviation tender the bidder is advised to
quote strictly as per terms & conditions of tender document & not to stipulate any
deviation/ exception. Offers requesting deviation may be liable for rejection”.

4.0 CONFORMANCE TO SCOPE OF WORK


Bidder will be required to confirm to the Scope of Work as given at Vol. II of II, Schedule
of Rates and Job Specification / Technical Specifications and in line with terms &
conditions as per GCC & SCC

5.0 EVALUATION OF PRICE BIDS


i) The price part of only those bidders will be evaluated whose bid is technically
and commercially acceptable to Owner.

ii) Quoted price for the complete scope of work and supply as per SOR shall be
taken into account for arriving at the lowest evaluated price.

6.0 BIDDERS MUST CHECK THAT THEIR BID IS COMPLETE IN ALL RESPECTS WITH
ALL DETAILS AS PER VARIOUS FORMATS ENCLOSED IN INSTRUCTIONS TO
BIDDERS, CHECK LIST AND COMMERCIAL QUESTIONNAIRE REPLIED

Issue of any technical/ commercial questionnaire or having any classificatory discussions,


in general, is not envisaged. Bidders in their own interest must ensure that their bid is
complete in all respects complying with the requirement of Instructions to Bidders and
have furnished all details/ clarifications/ confirmations. Also note that all details/
documents shall be submitted in relevant SECTIONS and mentioned in CHECK LIST.

Page 44 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

LIST OF FORMATS
{Annexure – II TO Instruction to Bidder (ITB)}

Page 45 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

CONTENT

Sl. No. Description

1) F-1 : Bidder’s General Information

2) F-2 : Bid Form

3) F-3 : List of Enclosures

4) F-3A : Financial Detail

5) F-4 : Proforma for Bank Guarantee for EMD/ Bid Security


• Instruction for Furnishing Bid Guarantee/ Bank Guarantee

6) F-5 : Letter of Authority

7) F-6 : No Deviation Confirmation

8) F-7 : Certificate

9) F-8 : Details of Similar Work done during past five years

10) F-9 : Present commitments of the Bidder

11) F-10 : Proforma of Bank Guarantee for Contract Performance Security

Page 46 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

F-1
BIDDER’S GENERAL INFORMATION

To
M/s Maharashtra Natural Gas Limited
Pride Purple Coronet, 2nd Floor,
Baner Road, Baner,
Pune - 411045

1.1 Bidder Name : _________________________________________

1.2 Number of Years in Operation : _________________________________________

1.3 Registered Address : _________________________________________


_________________________________________
_________________________________________

1.4 Operation Address : _________________________________________


if different from above
_________________________________________

1.5 Telephone Number : _________________________________________


(Country Code) (Area Code) (Telephone No.)

1.6 E-mail address & Web Site : _________________________________________

1.7 Telefax Number : _________________________________________


(Country Code) (Area Code) (Telephone No.)

1.8 ISO Certification, if any : {If yes, please furnish details}

__________________________________
(SIGNATURE OF BIDDER WITH SEAL)

Page 47 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

F-2
BID FORM

To
M/s Maharashtra Natural Gas Limited
Pride Purple Coronet, 2nd Floor,
Baner Road, Baner,
Pune - 411045

Dear Sir,

After examining/ reviewing the Bidding Documents for __________________________, including


technical specifications, drawings, General and Special Conditions of Contract and schedule of
rates etc. The receipt of which is hereby duly acknowledged, we, the undersigned, pleased to
offer to execute the whole of the Job of ___________________________________ and in
conformity with, the said Bid Document, including Addenda Nos. (if any).

We confirm that this bid is valid for a period of four (4) months from the date of opening of
Techno-commercial Bid, and it shall remain binding upon us and may be accepted by any time
before the expiration of that period.

If our bid is accepted, we will provide the performance security equal to 10% (ten percent) of the
Annualized Contract Price, for the due performance with in fifteen days of such award.

Until a final Agreement is prepared and executed, the bid together with your written acceptance
thereof in your notification of award shall constitute a binding Agreement between us.

We understand that Bid Document is not exhaustive and any action and activity not mentioned in
Bid Documents but may be inferred to be included to meet the intend of the Bid Documents shall
be deemed to be mentioned in Bid Documents unless otherwise specifically excluded and we
confirm to perform for fulfillment of Agreement and completeness of the Work in all respects
within the time frame and agreed price.

We understand that you are not bound to accept the lowest priced or any bid that you may
receive.

SEAL AND SIGNATURE


DATE: _____________

Duly authorized to sign bid for and on behalf of ____________________________________

(SIGNATURE OF WITNESS)
WITNESS NAME:
ADDRESS:

Page 48 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

F-3
LIST OF ENCLOSURES
To,
Maharashtra Natural Gas Limited
Pride Purple Coronet, 2nd Floor,
Baner Road, Baner,
Pune - 411045

Dear Sir,

We are enclosing the following documents as part of the bid:

1. Power of Attorney of the signatory to the Bidding Document.

2. Document showing annual turnover for the last three years such as annual reports, profit
and loss account, net worth etc. along with information as sought in enclosed format F-
3A.

3. Organization chart of the bidder and the structure assigned for execution of the work
under this bid.

4. Methodology of execution of work.

5. Execution schedule with interlinking of various activities.

6. Copy of Bidding Documents along with addendum/ corrigendum no. duly signed and
sealed on each page, in token of confirmation that Bid Documents are considered in full
while preparing the bid and in case of award, work will be executed in accordance with
the provisions detailed in Bid Documents.

_________________________________
(SEAL AND SIGNATURE OF BIDDER)

Page 49 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

F-3A
FINANCIAL DETAIL

EACH BIDDER MUST FILL IN THIS FORM

a) Annual Turnover data for the last 3 years.

Year Currency Amount Ex. Rate (*) Amount (INR) (*)


Year 1

Year 2

Year 3

1. The information supplied should be the Annual Turnover of the Bidder.


2. A brief note should be appended describing thereby details of turnover along with
audited balance sheet with profit & loss account statement for the last 3 years.

b) Annual Net-worth data for the last 3 years.

Year Currency Amount Ex. Rate (*) Amount (INR) (*)


Year 1

Year 2

Year 3

1. Net Worth = Reserves + Capitals – Accumulated Loss

_________________________________
(SEAL AND SIGNATURE OF BIDDER)

(*) To be filled by Employer

Page 50 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

Sheet 1 of 2
F-4
PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT/ BID SECURITY
(To be stamped in accordance with the Stamp Act)

Bank Guarantee No. ……………………


Ref: ……………………………… Date ……………………

To
Maharashtra Natural Gas Limited,
Pride Purple Coronet, 2nd Floor,
Baner Road, Baner,
Pune - 411045

Dear Sir(s),

In accordance with Letter Inviting Tender under your reference No. ____________________ M/s
____________________________ having their Registered/ Head Office at _____________
_________________________ (hereinafter called the Tenderer) wish to participate in the said
tender for _____________________________________________________________________

As an irrevocable Bank Guarantee against Earnest Money for the amount of ______________ is
required to be submitted by the Tenderer as a condition precedent for participation in the said
tender which amount is liable to be forfeited on the happening of any contingencies mentioned in
the Tender Document.

We, the ________________________________ Bank at __________________________ having


our Head Office ____________________________________________(Local Address)
guarantee and undertake to pay immediately on demand without any recourse to the tenderers by
Maharashtra Natural Gas Limited the amount ____________________________ without any
reservation, protest, demur and recourse. Any such demand made by MNGL, shall be conclusive
and binding on us irrespective of any dispute or difference raised by the Tenderer.

This guarantee shall be irrevocable and shall remain valid up to _____________ [this date should
be 6 months after the date finally set out for closing of tender]. If any further extension of this
guarantee is required, the same shall be extended to such required period on receiving
instructions from M/s _____________________________whose behalf this guarantee is issued.

In witness whereof the Bank, through its authorized officer, has set its hand and stamp on this
______________ day of ______________2021__at______________.

WITNESS:

(SIGNATURE) (SIGNATURE)
(NAME) (NAME)
Designation with Bank Stamp
(OFFICIAL ADDRESS) Attorney as per
Power of Attorney No._________
Date: __________________

Page 51 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

Sheet 2 of 2

INSTRUCTIONS FOR FURNISHING BID-GUARANTEE/


BANK GUARANTEE

1. The Bank Guarantee by bidders will be given on non-judicial stamp paper as per stamp
duty applicable. The non-judicial stamp paper should be in the name of the issuing bank.
In case of foreign bank, the said banks guarantee to be issued by its correspondent bank
in India on requisite non-judicial stamp paper.

2. The expiry date as mentioned in bid document should be arrived at by adding 2 months
to the date of expiry of the bid validity unless otherwise specified in the Bid Documents.

3. The bank guarantee by bidders will be given from bank as specified in ITB

4. A letter from the issuing bank of the requisite Bank Guarantee confirming that said bank
guarantee/ all future communication relating to the Bank Guarantee shall be forwarded to
the Employer at its address as mentioned at ITB.

5. Bidders must indicate the full postal address of the bank along with the bank’s E-mail/
Fax. from where the earnest money bond has been issued.

Page 52 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

F-5
LETTER OF AUTHORITY
PROFORMA FOR LETTER OF AUTHORITY FOR ATTENDING AND SUBSEQUENT
NEGOTIATIONS/CONFERENCES

No.: Date:

To,
Maharashtra Natural Gas Limited,
Pride Purple Coronet, 2nd Floor,
Baner Road, Baner,
Pune - 411045

Dear Sir,

We ___________________________________________________ hereby authorize following


representative(s) to attend un-priced bid opening and price bid opening and for any other
correspondence and communication against above Bidding Document:

1) Name & Designation _________________________ Signature ____________________

2) Name & Designation _________________________ Signature ____________________

We confirm that we shall be bound by all commitments made by aforementioned authorized


representatives.

Yours faithfully,

Signature

Name & Designation

For and on behalf of

Note: This letter of authority should be on the letterhead of the bidder and should be signed by
a person competent and having the power of attorney to bind the bidder.

Not more than two persons are permitted to attend techno-commercial un-priced and
price bid opening.

Page 53 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

F-6
NO DEVIATION CONFIRMATION

(Tender/ Bid Document No. ____________________)

EXCEPTION AND DEVIATION STATEMENT

NAME OF WORK:

BID DOCUMENT NO. :

Bidder may stipulate exceptions and deviations to Bid Document, if considered unavoidable as
per the following format:

SL. NO. CLAUSE NO. PAGE NO. OF TENDER DEVIATION REASONS FOR
DOCUMENT DEVIATION

Any exceptions / deviations brought out by us elsewhere in our Offer shall not be considered as
valid and should be ignored by the Owner.

NAME OF BIDDER: ____________________

SIGNATURE OF BIDDER: _______________


& SEAL

Page 54 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

F-7
CERTIFICATE

To,
Maharashtra Natural Gas Limited,
Pride Purple Coronet, 2nd Floor,
Baner Road, Baner,
Pune - 411045

Dear Sir,

If, we become a successful bidder and pursuant to the provisions of the Bidding Documents and
contract is awarded to us the following certificate shall be automatically enforceable:

‘We agree and acknowledge that the Employer is entering into the Agreement solely on its own
behalf and not on behalf of any other person or entity. In particular, it is expressly understood and
agreed that the Government of India is not a party to the Agreement and has no liabilities,
obligations or rights there under. It is expressly understood and agreed that the Employer is
authorized to enter into Agreement, solely on its own behalf under the applicable laws of India.
We expressly agree, acknowledge and understand that the Employer is not an agent,
representative or delegate of the Government of India. It is further understood and agreed that
the Government of India is not and shall not be liable for any acts, omissions, commissions,
breaches or other wrongs arising out of the Agreement. Accordingly, we hereby expressly waive,
release and forego any and all actions or claims, including cross claims, VIP claims or
counterclaims against the Government of India arising out of the Agreement and covenants not to
sue to Government of India as to any manner, claim, cause of action or things whatsoever arising
of or under the Agreement.”

_________________________________

(SEAL AND SIGNATURE OF BIDDER)

Page 55 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

F-8
DETAILS OF SIMILAR WORK DONE DURING PAST FIVE YEARS

Description Location Full Post Value of Date of Scheduled Date of Reasons


of of the Address Contract Commen Completion Actual for
the work work and cement Time Comple delay in
Phone of work (Months) tion project
nos. of completion,
Client & if
Name any
of Officer-
in charge

Note: Please refer Proforma at Section – III of Vol. II of II

Copies of letter of award and completion certificate for the above works to be enclosed.

The work completed earlier than three years need not be indicated here.

The list of work, not of similar nature need not be indicated here.

Failing to comply aforementioned instructions may lead to rejection of bid.

_________________________________

(SEAL AND SIGNATURE OF BIDDER)

Page 56 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

F-9
PRESENT COMMITMENTS OF THE BIDDER

Full Postal Description Date of Scheduled %Age Expected Remarks


Address of Work Commencement Completion Completion Date of
and of Work Period as on Date Completion
phone nos.
of
Client &
Name of
Officer-in-
charge

Note: Please refer Proforma at Section – III of Vol. II of II

This list must be a full list of all type of works in hand

_________________________________

(SEAL AND SIGNATURE OF BIDDER)

Page 57 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

Sheet 1 of 2
F-10
PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE SECURITY
(ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE)

TO:
M/s Maharashtra Natural Gas Limited
Pride Purple Coronet, 2nd Floor,
Baner Road, Baner,
Pune - 411045

Dear Sir,

M/s______________________________________________ have been awarded the work of


____________________________________ for Maharashtra Natural Gas Limited, PUNE vide
SO No. ______________________________dated _________.

The Contracts conditions provide that the CONTRACTOR shall pay a sum of Rs. __________
(Rupees _________________________________________________________________ ) as
full Contract Performance Guarantee in the form therein mentioned. The form of payment of
Contract Performance Guarantee includes guarantee executed by Nationalized Bank,
undertaking full responsibility to indemnify Maharashtra Natural Gas Limited, in case of default.

The said ___________________________________________________ has approached us


and at their request and in consideration of the premises we ____________having our office at
_________________________________ have agreed to give such guarantee as hereinafter
mentioned.

1. We _________________________________________ hereby undertake and agree with


you that if default shall be made by M/s ______________________ ________________
in performing any of the terms and conditions of the tender or in payment of any money
payable to Maharashtra Natural Gas Limited we shall on demand pay without any
recourse to the contractor to you in such manner as you may direct the said amount of
Rupees ______________________________ only or such portion thereof not exceeding
the said sum as you may from time to time require.

2. You will have the full liberty without reference to us and without affecting this guarantee,
postpone for any time or from time to time the exercise of any of the powers and rights
conferred on you under the contract with the said ___________
_____________________________ and to enforce or to forbear from endorsing any
powers or rights or by reason of time being given to the said
_________________________ which under law relating to the sureties would but for
provision have the effect of releasing us.

3. Your right to recover the said sum of Rs. _____________________________________


(Rupees __________________________________) from us in manner aforesaid will not
be affected or suspended by reason of the fact that any dispute or disputes have been
raised by the said M/s ______________________ _________ and/ or that any dispute or
disputes are pending before any officer, tribunal or court.

Page 58 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

Sheet 2 of 2

4. The guarantee herein contained shall not be determined or affected by the liquidation or
winding up dissolution or changes of constitution or insolvency of the said but shall in all
respects and for all purposes be binding and operative until payment of all money due to
you in respect of such liabilities is paid.

5. This guarantee shall be irrevocable and shall remain valid up to_______________ If any
further extension of this guarantee is required, the same shall be extended to such
required period on receiving instruction from M/s ________________________
_________________________________ on whose behalf this guarantee is issued.

6. The Bank Guarantee’s payment of an amount is payable on demand and in any case
within 48 hours of the presentation of the letter of invocation of Bank Guarantee. Any
dispute arising out of or in relation to the said Bank Guarantee shall be subject to the
jurisdiction of Pune or High Court of Mumbai.

7. We have power to issue this guarantee in your favour under Memorandum and Articles of
Association and the undersigned has full power to do under the Power of Attorney dated
____________ granted to him by the Bank.

Yours faithfully,

______________________________Bank
By its Constituted Attorney

Signature of a person duly


authorized to sign on behalf of
the Bank.

Page 59 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

COMMERCIAL QUESTIONNAIRE
{Annexure – III to Instruction to Bidder (ITB)}

Page 60 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

COMMERCIAL QUESTIONNAIRE
Note:
1) The Bidder shall submit reply to each query.
2) The bidder’s reply/ confirmation as furnished in the Commercial Questionnaire (CQ) shall
supercede the stipulation mentioned else where in the Bid.

Sl. MNGL’s Query Bidder’s Reply/


No. Confirmation
1. Confirm that your Bid is valid for 4(four) month from the last date of
submission of Bid.

2. Confirm that the following documents are submitted with Part-I :

i) All documents in relevant Section as per CHECK LIST

ii) Schedule of Rates/ Prices without specifying the rates/ prices are
submitted in unpriced part, exactly as per the priced portion submitted
in Part-II. In case some of items have not been quoted, such items
should be identified in blank price format.

iii) Addendum duly signed and stamped on each page as a token of


acceptance (applicable if issued).
3. Rates/ amount must be filled in format for `Schedule of Rates’ enclosed
as part of Bidding Document. If quoted in separate typed sheets and
any variation in item description, unit or quantity is noticed, the bid is
liable to be rejected. In any case, Bidder shall be presumed to have
quoted against the tendered description of work and the same shall be
binding on the Bidder. Please confirm.

4. Confirm that deviation/ terms & conditions are not mentioned in the
price part. In case any terms and condition is mentioned in the price
part, the same shall be treated as null and void.

5. Confirm that you have studied complete Bidding Document including


Technical and commercial part and your Bid is in accordance with the
requirements of the Bidding Document.

6. Confirm your compliance to total Scope of Work mentioned in the


Bidding Document.
7. Confirm your acceptance for `Scope of Supply’ as mentioned in Bidding
Document.
8. Confirm your compliance to critical stipulations of tender document as
mentioned below
i Defect Liability Period clause no. 80.0 of GCC
ii Contract Performance Security – clause no. 24.0 of GCC
iii Schedule of Rates – clause no. 87.0 of GCC
iv Arbitration – clause no. 107.0 of GCC
v Termination – Clause nos. 32.0 A & B of GCC
vi Terms of Payment – as per tender document

Page 61 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

Sl. MNGL’s Query Bidder’s Reply/


No. Confirmation
vii Price Reduction Schedule – As per SCC & GCC
9. Confirm your acceptance for `Time Schedule’ as mentioned in Bidding
Document.

10. Confirm that your quoted price includes following taxes/ duties,
insurance etc.

i) All taxes, charges and duties assessed or levied in respect of profits


earned or income receivable by the Contractor by reason of this
Contract.

ii) All taxes, duties as per applicable for this WORK in accordance with
the provision of General Conditions of Contract and Special Conditions
of Contract.

iii) All types of insurance as per the provisions of General Conditions of


Contract and Special Conditions of Contract.

11. Confirm that you have proposed adequate project/ site organization
with qualified supervisory personnel having requisite experience
including personnel responsible for safety, planning stores, QA/ QC
etc.

12. Confirm that all costs resulting from safe execution of WORK, such as
safety induction, use of protective clothing, safety glasses and helmet,
safety precaution taken during monsoon, or any other safety measures
to be undertaken by the Contractor for execution of work are included
in the quoted rates.

___________________________________

(STAMP & SIGNATURE OF BIDDER)

Page 62 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

CHECK LIST
{Annexure – IV to Instruction to Bidder (ITB)}

Page 63 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

CHECK LIST FOR SUBMISSION OF BID

Bidder is requested to fill this check list and ensure that all details/ documents have been
furnished as called for in the Bidding Document along with duly filled in, signed & stamped check
list with each copy of the “Unpriced Part” of his bid.

(A) EMD/ BG DETAILS ETC.

(A.1) Letter of Submission (i.e. F-2: Bid Form)


Submitted

(A.2) EMD/ BID GUARANTEE/ BID SECURITY

Bidder to confirm that EMD/


Bid Guarantee/ Bid Security has
Been submitted by them as
per Tender Proforma (i.e. F4)
Submitted

(1) By Bank Guarantee


BG No. ___________ dt. _______ from
Bank ________________________ Branch __________
For Rs. ___________________
Valid Till ___________________

OR

(2) By Demand Draft


DD No. __________________ dt. _________
Drawn on _____________________________
For Rs. ___________________
Original shall be submitted in original copy and its zerox copy in other copies.

(A.3) CHECK LIST


This check list duly filled in
Submitted

(B) CONFIRMATION OF VARIOUS FORMATS

(B.1) Past Similar work done during


five years as per Format: F-8

Submitted

(B.2) Present Commitments as per Format: F-9

Submitted

(B.3) Financial Details as per Format: F-3A

Submitted

Page 64 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

(B.4) Audited Balance Sheet including


profit and loss account statement
for the last three years

Submitted

Submitted for the years:


1) ______________________
2) ______________________
3) ______________________

(B.5) PF Registration Certificate


Submitted PF Registration No. ____________

(B.6) Goods & Service Tax Registration Certificate

Submitted GST Registration No. ________

(B.7) Power of Attorney in favour of the person


who has signed the bid on stamp paper of
appropriate value

Submitted

(B.8) Partnership Deed in case of partnership firm


and Article of Association in case of limited
company

Submitted

(B.9) Deployment List of Supervisory personnel:

Submitted

(B.10) A copy of SOR (without prices) duly signed,


& stamped as per SOR Format

Submitted

(C) DEVIATION (IF ANY)

(C.1) Deviation (if any)


as per Format - F-6 :

Submitted

Page 65 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

(D) REGARDING TECHNICAL DETAILS

(D.1) Technical Details/ Documents specified


in Technical Part

Submitted Not Applicable

_________________________________

(STAMP & SIGNATURE OF BIDDER)

Page 66 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

PART-C

GENERAL CONDITIONS OF CONTRACT


(GCC-WORKS)

Page 67 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

TABLE OF CONTENTS

GENERAL CONDITIONS OF CONTRACT

SECTION-I (DEFINITIONS)
1.0 Definition of Terms

SECTION-II (GENERAL INFORMATIONS)


2.0 General Information
2.1 (a) Location of Site
(b) Access by Road
2.2 Scope of Work
2.3 Water Supply
2.4 Power Supply
2.5 Land for Contractor's field office, Godown and Workshop
2.6 Land for Residential Accommodation

SECTION-III (GENERAL INSTRUCTIONS TO TENDERERS)


3.0 Submission of Tender
4.0 Documents
4.1 General
4.2 All pages to be initialed
4.3 Rates to be in figures and words
4.4 Corrections and Erasures
4.5 Signature of Tenderer
4.6 Witness
4.7 Details of Experience
4.8 Liability of Government of India
5.0 Transfer of Tender Documents
6.0 Earnest Money
7.0 Validity
8.0 Addenda/Corrigenda
9.0 Right of Employer to Accept or Reject Tender
10.0 Time Schedule
11.0 Tenderer's Responsibility
12.0 Retired Government or Company Officers
13.0 Signing of the Contract
14.0 Field Management & Controlling/Coordinating Authority
15.0 Note to Schedule of Rates
16.0 16.1 Policy for Tenders under consideration
16.2 Zero Deviation
17.0 Award of Contract
18.0 Clarification of Tender Document
19.0 Local Conditions
20.0 Abnormal Rates

SECTION-IV (GENERAL OBLIGATIONS)


21.1 Priority of Contract Documents
21.2 Headings & Marginal Notes
21.3 Singular and Plural

Page 68 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

21.4 Interpretation
22.0 Special Conditions of Contract
23.0 Contractor to obtain his own information
24.0 Contract Performance Security
25.0 Time of Performance
25.1 Time for Mobilization
25.2 Time Schedule of Construction
26.0 Force Majeure
26.1 Conditions for Force Majeure
26.2 Outbreak of War
27.0 Price Reduction Schedule
28.0 Rights of Employer to forfeit Contract Performance Security
29.0 Failure by the Contractor to comply with the provisions of the contract
30.0 Contractor remains liable to pay compensation
if action not taken under Clause 29.0
31.0 Change in Constitution
32.0 -A Termination of Contract for Death
32.0-B Termination of Contract for Liquidation, Bankruptcy etc.
32.0-C Termination of Contract for Non-Performance and subsequently putting
the Contractor on Holiday
33.0 Members of the Employer not individually liable
34.0 Employer not bound by personal representations
35.0 Contractor's office at site
36.0 Contractor's subordinate staff and their conduct
37.0 Sub letting of Works
i) Sub contracts for Temporary works etc.
ii) List of sub-contractors to be supplied
iii) Contractor's liability not limited by Sub-Contractors
iv) Employer may terminate sub contracts
v) No remedy for action taken under this clause
38.0 Power of Entry
39.0 Contractor's responsibility with Mechanical, Electrical,
Intercommunication System, Air Conditioning Contractors and other
agencies
40.0 Other Agencies at site
41.0 Notices
41.1 To the Contractor
41.2 To the Employer
42.0 Rights of various Interests
43.0 Patents and Royalties
44.0 Liens
45.0 Delays by Employer or his authorized agents
46.0 Payments if Contract is terminated
47.0 No waiver of Rights
48.0 Certificate not to affect Right of Employer and Liability of Contractor
49.0 Languages & Measures
50.0 Transfer of Title
51.0 Release of Information
52.0 Brand Names
53.0 Completion of Contract
54.0 Spares

Page 69 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

SECTION-V (PERFORMANCE OF WORK)


55.0 Execution of Work
56.0 Co-ordination and Inspection of work
57.0 Work in Monsoon & Dewatering
58.0 Work on Sundays & Holidays
59.0 General Conditions for construction & Erection Work
60.0 Alterations in specification, Design & Extra Work
61.0 Drawings to be supplied by the Employer
62.0 Drawings to be supplied by the Contractor
63.0 Setting out works
64.0 Responsibility for Levels and Alignment
65.0 Materials to be supplied by contractor
66.0 Stores supplied by Employer
67.0 Conditions for issue of material
68.0 Materials Procured with assistance of Employer/Return of surplus
69.0 Materials obtained from dismantling
70.0 Articles of Value found
71.0 Discrepancies between instructions
72.0 Action where no specification is issued
73.0 Inspection of Works
74.0 Tests for Quality of Works
75.0 Samples for approval
76.0 Action and Compensation in case of bad work
77.0 Suspension of Work
78.0 Employer may do part of work
79.0 Possession prior to completion
80.0 Twelve months period of liability from the date of issue of completion
certificate
80.3 Limitation of Liability
81.0 Care of Works
81.1 Defects prior to taking over
81.2 Defects after taking over
82.0 Guarantee/Transfer of Guarantee
83.0 Training of Employer's personnel
84.0 Replacement of Defective parts & materials
85.0 Indemnity
86.0 Construction Aids, Equipments, Tools & Tackles

SECTION-VI (CERTIFICATES AND PAYMENTS)


87.0 Schedule of Rates and Payments
i) Contractor's Remuneration
ii) Schedule of Rates to be inclusive
iii) Schedule of Rates to cover construction
equipment, materials, labour etc.
iv) Schedule of Rates to cover Royalties, Rents
and claims.
v) Schedule of Rates to cover taxes & duties
vi) Schedule of Rates to cover risks of delay
vii) Schedule of Rates cannot be altered
88.0 Procedure for Measurement and billing of works in progress

Page 70 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

88.1 Billing Procedure


88.2 Secured Advance on materials
88.3 Dispute in mode of measurement
88.4 Rounding of Amounts
89.0 Lump sum in Tender
90.0 Running Account Payments to be regarded as advances
91.0 Notices of Claims for Additional Payments
92.0 Payment of Contractor's bills
93.0 Receipt for Payment
94.0 Completion Certificate
94.1 Application for Completion Certificate
94.2 Completion Certificate
94.3 Completion Certificate Documents
95.0 Final Decision & Final Certificate
96.0 Certificate and Payments No evidence of completion
97.0 Deduction from Contract Price

SECTION-VII (TAXES AND INSURANCE)


98.0 Taxes, Duties, Octroi etc.
99.0 Sales Tax/Turnover Tax
100.0 Statutory Variations
101.0 Insurance
101.1 General
i) Employees State Insurance Act
ii) Workmen Compensation and Employee's Liability Insurance
iii) Accident or injury to workmen
iv) Transit Insurance
v) Automobile
vi) General Liability
vii) Any other Insurance required under law or regulations by
Employer
102.0 Damage to Property or to any Person or any Third Party

SECTION-VIII (LABOUR LAWS)


103.0 Labour laws
104.0 Implementation of Apprentices Act 1961
105.0 Contractor to indemnify the Employer
106.0 Health and Sanitary Arrangement for worker

SECTION-IX (APPLICABLE LAWS AND SETTLEMENT OF DISPUTES)


107.0 Arbitration
108.0 Jurisdiction

SECTION-X (SAFETY CODES)


109.0 General
110.0 Safety Regulations
111.0 First Aid and Industrial Injuries
112.0 General Rules
113.0 Contractor's barricades
114.0 Scaffolding
115.0 Excavation and Trenching

Page 71 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

116.0 Demolition/General Safety


117.0 Care in Handling Inflammable Gas
118.0 Temporary Combustible Structures
119.0 Precautions against Fire
120.0 Explosives
121.0 Mines Act
122.0 Preservation of Places
123.0 Outbreak of Infectious diseases
124.0 Use of intoxicants

ANNEXURES TO GCC
1. Proforma for Indemnity Bond for Advance against material
2. Proforma of Agreement

Page 72 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

General Conditions of Contract


Section- I. Definitions
1. DEFINITIONS OF TERMS :

In this CONTRACT (as hereinafter defined) the following words and expressions
shall have the meaning here by assigned to them except where the context
otherwise required.

1) The OWNER/COMPANY/PRINCIPAL EMPLOYER/MNGL mean


MAHARASHTRA NATURAL GAS LIMITED having its Registered &
Corporate office at Pride Purple Coronet, 301-302, Second Floor, Baner
Rd, Above Bata Showroom, Baner, Pune – 411045 and includes its
successors and assigns.

2) The "CONTRACTOR" means the person or the persons, firm or company


or Corporation whose tender has been accepted by the OWNER and
includes the CONTRACTOR'S legal Representatives his successors and
permitted assigns.

3) The "Officer-in-charge / Engineer-in-charge" shall mean the person/


persons designated from time to time by the MNGL and shall include
those who are expressly authorized by him to act for and on his behalf for
operation of this CONTRACT.

4) The "WORK" shall means and include all items and things to be
supplied/done and services activities to be performed by the
CONTRACTOR in pursuant to and in accordance with CONTRACT or
part thereof as the case may be and shall include all extra, additional,
altered or substituted works as required for purpose of the CONTRACT.

5) "CONTRACT DOCUMENTS" means collectively the Tender Documents,


Designs, Drawings, Specification, Schedule of Quantities and Rates,
Letter of Acceptance and agreed variations if any, and such other
documents constituting the tender and acceptance thereof.

6) The "SUBCONTRACTOR- means any person or firm or Company


(other than the CONTRACTOR) to whom any part of the work has
been entrusted by the CONTRACTOR, with the written consent of the
Officer-in-charge, and the legal representatives, successors and
permitted assigns of such person, firm or company.

7) The “CONTRACT” shall mean the Agreement between the OWNER and
the CONTRACTOR for the execution of the works including therein all
contract documents.

Page 73 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

8) The "TENDER" means the proposal along with supporting documents


submitted by the CONTRACTOR for consideration by the OWNER.

9) The "ALTERATION ORDER" means an order given in writing by the


Officer-in-charge to effect additions to or deletions from and alteration in
the works.

10) The “APPOINTING AUTHORITY” for the purpose of arbitration shall be


the MANAGING DIRECTOR or any other person so designated by the
OWNER.

11) “NOTICE IN WRITING OR WRITTEN NOTICE” shall mean a notice in


written, typed or printed characters sent (unless delivered personally) or
otherwise proved to have been received by the addressee by registered
post to the latest known private or business address or registered office of
the addressee and shall be deemed to have been received in the ordinary
course of post it would have been delivered.

12) “APPROVED” shall mean approved in writing including subsequent


written confirmation of previous verbal approval and “APPROVAL” means
approval in writing including as aforesaid.

13) “FAX/LETTER OF INTENT” shall mean an intimation by a FAX/Letter to


Tenderer(s) that the tender has been accepted in accordance with the
provisions contained in the letter.

14) “DAY” means a day of 24 hours from midnight to midnight irrespective of


the number of hours worked in that day.

15) “WORKING DAY” means any day which is not declared to be holiday or
rest day by the OWNER.

16) “WEEK” means a period of any consecutive seven days.

17) “VALUE OF CONTRACT” shall mean the sum accepted or the sum
calculated in accordance with the prices accepted in tender and/or the
CONTRACT rates as payable to the CONTRACTOR for the entire
execution and full completion of the work.

2. The contractor hereby confirms that he has already inspected the work site has
clearly assessed the nature and extent of work and the conditions under which it
will be carried out.

3. Contractor hereby agrees to provide services and necessary supervision to carry


out the work set down in the Schedule of works which forms part of this contract
in accordance with the conditions of contract laid down in this part of the contract
read in conjunction with specific instructions given in part of this contract by

Page 74 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

utilizing the materials / services if any, agreed to be given by the Company and
listed in Annexure. The contractor has to provide necessary services to carry out
the work. The work executed shall be to the satisfaction of MNGL, and contract
rates shall include for any incidental and contingent work although not specifically
mentioned in the contract but is necessary and for its completion in an efficient
and workman like manner.

4. The rates agreed herein shall remain firm till the expiry of the contract and
extended period. The contractor shall not be entitled to any increase or revision
(except Statutory) or any other right or claim whatsoever by way of
representation, explanation or statement or elect to have been given away by
any employee representation or any undertaking or promise given or elect to
have been given by any employee of the company or due to contractor’s own
ignorance or on account of any difficulties or hardship faced by him. His rates are
all inclusive. However, GST as imposed by State / Central Govt. if applicable,
shall be payable by MNGL at actual subject to submission of GST regn. No.

5. All persons deployed by the contractor shall be on his pay roll and should pay
wages, PF contribution and Bonus as prescribed by Govt. and the company have
no liability whatsoever in this regard. The persons deployed by the contractor
shall remain under his control, supervision & discipline. The CONTRACTOR shall
have the power to transfer, re-deploy and terminate their services. The
CONTRACTOR shall regularly make full payment of wages and salaries not less
than the minimum wages, as applicable to the persons engaged by him as
required by him under the law.

6. No part of the contract nor any share of interest therein shall in any manner or
degree be transferred / assigned or sublet by the contractor directly or indirectly
to any persons, firm or corporation whatsoever.

7. The Contractor shall be responsible for providing proper services and exercise
control over persons deployed by him. He shall also be bound to prohibit and
present his employee from taking any direct and indirect interest and/or support,
assist, maintain, or help from any person or persons engaged in any anti-social
activities demonstrations riots or agitation, which may in any way be detrimental
or prejudicial to the inter- land / properties in the neighborhood. In the event of
any such actions by his persons or persons, contractor shall be fully and
exclusively responsible therefore and shall keep the company harmless and
indemnified from any consequential claims, actions, suits, proceedings, losses,
or damages on any ground whatsoever.

8. All persons of the contractor entering on work premises shall be properly and
neatly dressed and wear badges/ Identity cards while working on premises of the
company including work site. The contractor shall provide safety shoes, uniform
as desired by MNGL.

Page 75 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

9. In case of the company considers presence of any of the persons of the


contractor undesirable for whatever reasons including integrity, conduct,
competence, 24 hours notice in writing will be given by company to the contractor
on receipt of the said notice, such a person will not be reemployed without
express and written authorization of MNGL.

10. Any failure on part of the COMPANY at any time to enforce the strict observance
of the performance of any of the terms and conditions of this CONTRACT or non-
exercise of any right mentioned in the contract shall not constitute a waiver of
such terms, conditions or rights and shall not affect or deprive the COMPANY to
exercise the same at any later date.

11. CONTRACTOR shall from time to time during the progress of the service issue
such further instructions as shall be necessary for the purpose of proper and
adequate execution of the services.

12. The contractor shall remove or replace any workman whom the company
considers incompetent or unsuitable.

13. MNGL reserves the right to alter the scope of work in quantum as per the
urgency of work. The contractor shall accordingly provide services as may be
required by contract coordinator on giving a notice of two days

14. CONTRACTOR shall exclusively be liable for non-compliance of the provisions of


any acts, laws rules and regulations having execution, bearing over engagement
of workers directly or indirectly for execution of work and the CONTRACTOR
hereby undertakes to indemnify Maharashtra Natural Gas Limited against all
actions, suits, proceedings, claims, losses, damages etc. which may be arise
under Minimum Wages Act, Industrial Dispute Act, Family pension and Deposit
Linked Insurance scheme or any other Act or statutes not herein specifically
mentioned but having direct or indirect application for the persons engaged by
the CONTRACTOR under this CONTRACT.

15. Company shall not be liable for or in respect of any damages or compensation
for any injuries or for any occupational diseases to any persons engaged by the
CONTRACTOR and the CONTRACTOR shall keep the company indemnified
thereof.

16. The contractor shall be liable for making good all damages / losses arising out of
theft, breakage, pilferage of any office furniture, equipments, fittings and fixtures
whatsoever it may be caused directly or indirectly.

17. The CONTRACTOR/his employees/agents/representatives shall not


communicate or use in advertising, publicity, sales releases or in any other
medium, photographs, or other reproduction of the work under this
CONTRACT or descriptions of the site dimensions, quantity, quality or other

Page 76 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

information, concerning the work unless prior written permission has been
obtained from the OWNER.

18. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER:-


The right to accept the tender will rest with the OWNER. The OWNER, however,
does not bind himself to accept the lowest tender, and reserves to itself the
authority to reject any or all the tenders received without assigning any reason
whatsoever. The whole work may be split up between more than one
CONTRACTORS or accept in part (not entirely) if considered expedient. Quoted
rates should hold good for such eventualities.

Tenders in which any of the particulars and prescribed information are missing
or are incomplete in any respect and/or the prescribed conditions are not
fulfilled are liable to be rejected. The Tender containing uncalled for remarks or
any additional conditions are liable to be rejected.

Canvassing in connection with tenders is strictly prohibited and tenders


submitted by the Tenderers who resort to canvassing will be liable to rejection.

19. TENDERER'S RESPONSIBILITY:-


The intending tenderers shall be deemed to have visited the SITE and
familiarized themselves thoroughly with the site conditions before submitting the
tender. Non-familiarity with the site conditions will not be considered a reason
either for extra claims or for not carrying out the works in strict conformity with
the DRAWINGS and SPECIFICATIONS.

20. SIGNING OF THE CONTRACT:-


The successful tenderer shall be required to execute an AGREEMENT in the
proforma attached with Tender Document within 15 days of the receipt by him
of the LETTER OF INTENT OR SERVICE ORDER whichever is earlier.

21. NOTE TO SCHEDULE OF RATES:-


The Schedule of Rates should be read in conjunction with all the other sections
of the tender.

The tenderer shall be deemed to have studied the details of WORK to be done
within TIME SCHEDULE and to have acquainted himself of the conditions
prevailing at site.

Rates must be filled in the schedule of Rates of original Tender Documents. If


quoted in separate typed sheets, no variation in item description or specification
shall be accepted. Any exceptions taken by the tenderer to the schedule of Rates
shall be brought out in the terms and conditions of offer.

The quantities shown against the various items are only approximate. Any
increase or decrease in the quantities shall not form the basis of alteration of the
rates quoted and accepted.

Page 77 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

The OWNER reserves the right to interpolate the rates for such items of work
falling between similar items or lower and higher magnitude.

22. POLICY FOR TENDERS UNDER CONSIDERATION:-


Only those Tenders which are complete in all respects and are strictly in
accordance with the Terms and conditions and Technical Specifications of
Tender Document, shall be considered for evaluation. Such Tenders shall be
deemed to be under consideration immediately after opening of Tender and until
such time an official intimation of acceptance/rejection of Tender is made by
MNGL to the Tenderer.

MNGL if necessary, will obtain clarifications on the Tender by requesting for such
information/clarifications from any or all Tenderers either in writing or through
personal contact, as may be necessary, and the Tenderers are advised to refrain
from contacting by any means MNGL and/or their employee(s)/representative(s)
on their own, on matters related to Tenders under consideration. Tenderers will
not be permitted to change the substance of the Tenders after opening of
Tenders.

23. CONTRACTOR TO INDEMNIFY THE MNGL:


The contractor shall indemnify the MNGL against all actions, proceedings claims,
demands, costs and expenses which may be made against the MNGL or
government for or in respect of or arising out of any failure by the contractor in
the performance of his obligation under the contract document. MNGL shall not
be liable for or in respect of any demands or compensation payable under any
law in respect of any consequence of any accident or injury to any workmen or
other person in the contractor shall indemnify and keep indemnified MNGL
against all such damages and compensation & against all claims, demands
proceedings, costs, charges and expenses whatsoever in respect thereof or in
relation thereto.

24. Following documents form the part of this contract.


a. Instructions to bidders,
b. Bid qualification criteria,
c. General conditions of contract.
d. Special conditions of contract and
e. Schedule of work / rates.

In case of doubt or dispute as to the interpretation of any clause contained, the


decision of the company shall be final and biding on the contractor.

25. FORCE MAJURE:


If at any time during the currency of the contract the performance in whole or part
by either party, or any obligation under this contract shall be prevented or
delayed by reason of any hostility, act of public enemy, civil commotion,
sabotage, fire floods, explosions, epidemics, quarantine, strikes, lookouts or acts
of God (hereinafter referred to as events) then provided notice of the happening

Page 78 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

of any such events is given by either party to the other forthwith by not exceeding
four hours from time of occurrence thereof, neither party shall by reason of any
such event be entitled to have claim for charges / compensation / damages
against the other in respect of such non-performance and / or delay in
performance during such period.

26. LABOUR LAWS :

a) No labour below the age of 18 (eighteen) years shall be employed on the WORK.

b) The CONTRACTOR shall not pay less than what is provided under law to
labourers engaged by him on the WORK.

c) The CONTRACTOR shall at his expense comply with all labour laws and keep
the PRINCIPAL EMPLOYER indemnified in respect thereof.

d) The CONTRACTOR shall pay equal wages for men and women in accordance
with applicable labour laws.

e) If the CONTRACTOR is covered under the Contract labour (Regulation and


Abolition) Act, he shall obtain a license from licensing authority (i.e. office of the
labour commissioner) by payment of necessary prescribed fee and the
deposit, if any, before starting the WORK under the CONTRACT. Such
fee/deposit shall be borne by the CONTRACTOR.

f) The CONTRACTOR shall employ labour in sufficient numbers either to maintain


the required rate of progress and of quality to ensure workmanship of the degree
specified in the CONTRACT and to the satisfaction of the Officer-in-charge.

g) The CONTRACTOR shall furnish to the Officer-in-charge the distribution return of


the number and description, by trades of the work people employed on the
works. The CONTRACTOR shall also submit on the 4th and 19th of every
month to the Officer-in-charge a true statement showing in respect of the second
half of the proceeding month and the first half of the current month (1) the
accidents that occurred during the said fortnight showing the circumstances
under which they happened and the extent of damage and injury caused by
them and (2) the number of female workers who have been allowed Maternity
Benefit as provided in the Maternity Benefit Act 1961 or Rules made there
under and the amount paid to them.

h) The CONTRACTOR shall comply with the provisions of the payment of wages
Act 1986, Minimum Wages Act 1948, Employers liability Act 1935, workmen's
Compensation Act 1923, Industrial Disputes Act 1947, the Maternity Benefit Act
1961 and Contract Labour Regulation and Abolition Act 1970, Employment of
Children Act 1938 or any modifications thereof or any other law relating thereto
and rules made there under from time to time.

Page 79 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

i) The Officer-in-charge shall on a report having been made by an Inspecting


officer as defined in Contract Labour (Regulation and Abolition) Act 1970 have
the power to deduct from the money due to the CONTRACTOR any sum
required or estimated to be required for making good the loss suffered by a
Worker or Workers by reason of non-fulfillment of the Conditions of the Contract
for the benefit of workers, non-payment of wages or of deductions made from
his or their wages which are not justified by the terms of the Contract or non-
observance of the said regulations.

j) The CONTRACTOR shall indemnify the OWNER against any payments to


be made under and for the observance of the provisions of the aforesaid
Acts without prejudice to his right to obtain indemnity from his
SUBCONTRACTOR. In the event of the CONTRACTOR committing a default or
breach of any of the provisions of the aforesaid Acts as amended from time to
time, of furnishing any information or submitting or filling and
Form/Register/Slip under the provisions of these Acts which is materially
incorrect then on the report of the inspecting Officers, the CONTRACTOR
shall without prejudice to any other liability pay to the OWNER a sum not
exceeding Rs.50.00 as Liquidated Damages for every default, breach or
furnishing, making, submitting, filling materially incorrect statement as may be
fixed by the Officer-in-charge and in the event of the CONTRACTOR'S
default continuing in this respect, the Liquidated Damages may be enhanced
to Rs.50.00 per day for each day of default subject to a maximum of one
percent of the estimated cost of the WORKS put to tender. The Officer-in-charge
shall deduct such amount from bills or Security Deposit of the CONTRACTOR
and credit the same to the Welfare Fund constituted under these acts. The
decision of the Officer-in-charge in this respect shall be final and binding.

27. ARBITRATION:
Except where otherwise provided in the tender documents, all questions and
disputes or difference relating to or arising under the terms and conditions or as
to any other question, claim, right matter or thing, whatsoever in any way arising
out of or relating to the terms and conditions of the contract or the execution of
failure to execute the same whether arising during the progress of the work after
the completion or abandonment thereof shall be referred to the arbitration of sole
arbitrator to be appointed by Managing Director, MNGL. There should be no
objection from the contractor to any such appointment on the grounds that the
Arbitration is an employee of the MNGL and that he had to deal with the matter to
which the contract relates and that in the course of his duties as an employee of
the MNGL he had expressed vices on all or any of the matters in disputes or
difference. The arbitrator to whom the matter is originally referred, being unable
to act for any reason, Managing Director shall appoint another person to act as
some arbitration in accordance with the terms and conditions of the contract.
Such persons shall be entitled to proceed with the reference from the stage at
which it was left by his predecessor. It is also a term of this contract that no
person other than a person appointed by the Managing Director as aforesaid

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Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

should act as arbitrator and if for any reason that is not possible, the matter is not
to be referred to Arbitrator at all.

28. EARNEST MONEY DEPOSIT / BID SECURITY


The tenderer must pay Earnest Money as given in the letter/notice inviting
tenders and attach the official receipt with the tender failing which the tender is
liable to be rejected and representatives of such tenderers will not be allowed to
attend the tender opening, Earnest Money can be paid in Demand Drafts, or
Bank Guarantee of any Nationalised / Scheduled Bank in favour of
MAHARASHTRA NATURAL GAS LIMITED.

NOTE: The Bank Guarantee so furnished by the tenderer shall be in the


proforma prescribed by the OWNER (as per F-4 above). No interest shall be paid
by the OWNER on the Earnest Money deposited by the tenderer. The Bank
Guarantee furnished in lieu of Earnest Money shall be kept valid for a period of
“two month/60 days beyond the date of validity of the tender”. The EMD
shall be forfeited in the event of the bidder withdrawing his offer.

The Earnest Money deposited by successful tenderer will be retained


towards the security deposit for the fulfillment of the CONTRACT, but shall be
forfeited if the tenderer fails to deposit the requisite Security deposit as per
clause 29 of General Terms of contract hereof and /or fails to start work within a
period of 15 days or fails to execute the AGREEMENT (As per Appendix-
proforma of Agreement) within 10 days of the receipt by him of the Notification of
Acceptance of Tender.

The Earnest Money of the unsuccessful tenderers will be refunded by MNGL


directly to the tenderers within a reasonable period of time. Correspondence in
this regard may be addressed to MNGL directly by the TENDERERS.

Note : The Indian / Domestic firms registered with NSIC / MSME, under its single
point registration scheme are exempted from furnishing Earnest Money
Deposit / Bid Security, provided they are registered for the items / work
they intend to quote and subject to their enclosing with their bid a copy of
latest and current registration certificate.

29. Performance Bank Guarantee / Security Deposit: The contractor shall submit
Bank Guarantee in our prescribed format, for a value of 3% of Annualized Total
Contract value, in favour of MNGL, valid for a period of 27 months as security
deposit, from Nationalized/ Scheduled bank except Co-operative bank within 15
days from the date of issue of this service order. The Security Deposit will not
bear any interest. Any amount due to MNGL, as per contractual terms &
conditions shall be deducted from Security Deposit. In case Security Deposit is
not sufficient to recover the outstanding amount, then MNGL reserves the right to
recover the same from any other means available to MNGL.

Page 81 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

In case of failure to submit the Security Deposit within the stipulated time, the LOI
(Letter of Intent)/ Service Order issued may be withdrawn & EMD submitted
against the tender may be forfeited.

30. RIGHT OF THE OWNER TO FORFEIT SECURITY DEPOSIT:


Whenever any claim against the CONTRACTOR for the payment of a sum of
money arises out or under the CONTRACT, the OWNER shall be entitled to
recover such sum by appropriating in part or whole the security Deposit of the
CONTRACTOR. In the event of the security being insufficient or if no security
has been taken from the CONTRACTOR, then the balance or the total sum
recoverable, as the case may be shall be deducted from any sum then due or
which at any time thereafter may become due to the CONTRACTOR. The
CONTRACTOR shall pay to the OWNER on demand any balance remaining
due.

31. The contractor shall execute an agreement with MNGL within 15 days form the
award of contract. However, agreement shall be executed only after submission
of valid Security Deposit against the contact.

32. Mobilization Period: The deployment for the services shall be within 15 days or
earlier from the date of intimation by Officer-in-charge (OIC) of MNGL, Pune. In
case of failure, MNGL reserves the right to cancel the contract.

33. Payment Terms :


As per terms mentioned at Scope of Work and SCC.
Monthly bill shall be certified by Officer-in-charge. The bills shall be submitted
along with all requisite documents.

34. Contract Period :


The contract shall be valid for a period of 2 years from the date of issue of
service order/ Letter of award. Depending on the performance further extendable
for another one year on same terms and conditions.

35. Insurance:
CONTRACTOR as far as possible shall cover insurance with Indian Insurance
companies, including marine Insurance during ocean transportation.

i) EMPLOYEES STATE INSURANCE ACT (ESI):


The CONTRACTOR agrees to and does hereby accept full and
exclusive liability for the compliance with all obligations imposed by
the Employee State Insurance Act 1948 and the CONTRACTOR
further agrees to defend, indemnify and hold OWNER harmless for any
liability or penalty which may be imposed by the Central, State or Local
authority by reason of any asserted violation by CONTRACTOR or of
the Employees' State Insurance Act, 1948, and also from all claims,
suits or proceeding that may be brought against the OWNER arising
under, growing out of or by reasons of the work provided for by this

Page 82 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

CONTRACTOR whether brought by employees of the CONTRACTOR,


by third parties or by Central or State Government authority or any
political subdivision thereof.

The CONTRACTOR agrees to fill in with the Employee's State


Insurance Corporation, the Declaration Forms, and all forms which may
be required in respect of the CONTRACTOR'S or subcontractor’s
employees, who are employed in the WORK provided for or those
covered by ESI from time to time under the Agreement. The
CONTRACTOR shall deduct and secure the agreement of the to deduct
the employee's contribution as per the first schedule of the Employee's
State Insurance Act from wages and affix the Employees Contribution
Card at wages payment intervals. The CONTRACTOR shall remit and
secure the agreement of to remit to the State Bank of India. Employee's
State Insurance Corporation Account, the Employee's contribution as
required by the Act. The CONTRACTOR agrees to maintain all Cards
and Records as required under the Act in respect of employees and
payments and the CONTRACTOR shall secure the agreement of the to
maintain such records. Any expenses incurred for the contribution,
making contributions or maintaining records shall be to the
CONTRACTOR'S account.

The OWNER shall retain such sum as may be necessary from the
total VALUE OF CONTRACT will the CONTRACTOR shall furnish
satisfactory proof that all contributions as required by the Employees
State Insurance Act,1948, have been paid. This will be pending on the
CONTRACTOR when the ESI Act is extended to the place of work.

ii) WORKMEN COMPENSATION AND EMPLOYER'S LIABILITY


INSURANCE:
Insurance shall be effected for all the CONTRACTOR'S employees
engaged in the performance of this CONTRACT. If any of the work is
sublet, the CONTRACTOR shall require to provide workman's
Compensation and employer's liability insurance for the later's employees
if such employees are not covered under the CONTRACTOR'S
Insurance.

iii) ANY OTHER INSURANCE REQUIRED UNDER LAW OR


REGULATIONS OR BY OWNER :
CONTRACTOR shall also carry and maintain any and all other
insurance(s) which he may be required under any law or regulation from
time to time without any extra cost to OWNER. He shall also carry and
maintain any other insurance which may be required by the OWNER.

iv) ACCIDENT OR INJURY TO WORKMEN:


The OWNER shall not be liable for or in respect of any damages or
compensation payable at law in respect or in consequence of any

Page 83 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

accident or injury to any workman or other person in the


Employment of the CONTRACTOR or any save and except an
accident or injury resulting from any act or default of the OWNER, his
agents or servants and the CONTRACTOR shall indemnify and keep
indemnified the OWNER against all such damages and compensation
(save and except and aforesaid) and against all claims, demands,
proceeding, costs, charges and expenses, whatsoever in respect or in
relation thereto.

36. DAMAGE TO PROPERTY OR TO ANY PERSON OR ANY THIRD PARTY :

i) CONTRACTOR shall be responsible for making good to the satisfaction


of the OWNER any loss or any damage to structures and properties
belonging to the OWNER or being executed or procured or being
procured by the OWNER or of other agencies with in the premises of all
the work of the OWNER, if such loss or damage is due to fault and/or
the negligence or willful acts or omission of the CONTRACTOR, his
employees, agents, representatives etc.

ii) The CONTRACTOR shall take sufficient care that employees


/representatives/agents do not cause any damage to any person or to
the property of the OWNER or any third party and in the event of any
damage resulting to the property of the OWNER or of a third party cost
of such damages including eventual loss of production, operation or
services in any plant or establishment as estimated by the OWNER or
ascertained or demanded by the third party shall be borne by the
CONTRACTOR.
iii) The CONTRACTOR shall indemnify and keep the OWNER harmless of
all claims for damage to property other than OWNER'S property arising
under or by reason of this agreement, if such claims result from the
fault and/or negligence or willful acts or omission of the
CONTRACTOR, his employees, agents, subcontractors, his agents,
representative of subcontractors.

CONTRACTOR shall exclusively be liable for group insurance as per the


provision of workman compensation act for the persons engaged/employed by
him. Company shall not be liable for or in respect of any damages or
compensation to any persons engaged by the CONTRACTOR and the
CONTRACTOR shall keep the company indemnified thereof.

37. In case the contractor fails to provide the required services under the contract to
the satisfaction of MNGL, MNGL reserves the right to get the services through
alternate agencies at the risk and cost of contractor and penal deduction shall be
made, from the contractor’s bills and the decision of MNGL in this connection
shall be final and binding on the contractor.

Page 84 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

38. The tenderer hereby agrees to provide services and necessary such provision to
carry out the work as given in the scope and description of work.

39. The work executed shall be to the satisfaction of MNGL and contract rules shall
include for any incidental and contingent work although not specifically
mentioned in the contract but is necessary for the completion in an efficient and
workman like manner.

40. The contractor (which shall include the contracting firm / company) shall be solely
liable to obtain and abide by all necessary license / permissions from the
concerned authorities as provided under the various labour laws / legislation
including labour license from the competent authority under The Contract Labour
(Regulation & Abolition) Act 1970.

41. The tenderer should have his PF account no. with Regional Provident Fund
Commissioner and shall submit to the COMPANY proof of depositing the
employee’s contribution, on monthly basis.

42. The contractor shall also be bound to discharge obligations as provided under
various statutory enactment including the Employees Provident Fund &
Miscellaneous Act, 1952, The Employees State Insurance Act 1948, The
Contract Labour (Regulation and Abolition) Act 1970, The Minimum Wages Act
1948, The Payment of Wages Act 1936, Workmen’s Compensation Act, 1923
and other relevant Acts rules and regulations in force from time to time in respect
of the person deployed by him to carry out the obligation under the contract.

43. The contractor shall be responsible for necessary contributions towards PF, ESI
or any other statutory payment to Government Agencies as applicable under the
law in respect of the contract and of personnel employed by the contractor for
rendering services to MNGL and shall deposit the required amounts with the
concerned statutory authorities on or before due dates. Each contractor shall
obtain a separate P.F. number from the concerned Regional Provident Fund
Commissioner and submit necessary proof of having deposited the employees
PF and shall be responsible for payment of any administration / inspection
charges thereof, wherever applicable, in respect of the personnel deployed by
him relating to the work of MNGL.

44. The contractor shall regularly submit all relevant records / documents in this
regard to MNGL representative for verification and upon such satisfaction only,
MNGL will allow payment to the Contractor.

45. The contractor shall ensure and will be solely responsibly for payment of wages
and other dues latest by 7th of the following month to the personnel deployed by
him. The contractor shall be directly responsible and indemnify the company
against all charges, claims, dues and employment of personnel deployed by him.

Page 85 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

46. The contractor shall indemnify the company against all losses or damages
caused to it on account of acts of the personnel deployed by the contractor.

47. The tenderer shall not engage any person(s) less than eighteen years of age and
shall not pay less than what is prescribed under law.

48. MNGL RESERVES THE RIGHT TO:


i. Reduce the rates at which payment shall be made if the quantity and
quality of services although acceptable is not up to required standard.

ii. Issue the CONTRACTOR from time to time during the progress of the
service such further instructions as shall be necessary for the purpose
of proper and adequate execution of the service and the
CONTRACTOR shall carry out and be bound by the same.

iii. In order the contractor to remove or replace any person engaged in


providing the services to the COMPANY whom the company considers
incompetent or unsuitable. Opinion of the representative in the
competence of any person engaged by the contractor shall be final and
binding on the contractor.

49. AWARD OF CONTRACT:-


The Acceptance of Tender will be intimated to the successful Tenderer by MNGL
either by Telegram/Fax or by Letter or like means-defined as LETTER OF
INTENT OR SERVICE ORDER.

MNGL will be the sole judge in the matter of award of CONTRACT and the
decision of MNGL shall be final and binding.

50. The contractor shall be required to obtain requisite labour license / permission
from the appropriate authorities as provided under the various labour regulations,
before undertaking any contract work. The contractor shall exclusively be liable
for compliance of the provisions of any Act, laws, rules and regulations having
execution, taking over engagement of his personnel directly or indirectly for
execution of work and the contractor hereby undertakes to indemnify the
company against all actions, suits, proceedings, claims, losses, damages etc.
which may arise due to his noncompliance of the provisions under various laws
mentioned in this document or not herein specifically mentioned but having direct
or indirect application for the persons engaged under the contract.
Company shall not be liable in respect of any damages or compensation for any
injury or for any occupational diseases, to the employment to any person
engaged by the contractor and the contractor shall keep the company
indemnified thereof.

51. During the currency of the job, if the work progress does not commensurate with
time elapsed in respect of any person / persons engaged, the contractor shall be

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Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

liable to pay the company compensation as may be considered reasonable by


the company.

52. In case of any default for more than three days in respect of services to be
provided in accordance with the requirements specified by the officer in charge,
Company will have the right to avail the services from other sources at the risk
and cost of the contractor or terminate the contract and forfeit his security deposit
etc.

53. The company for any reason whatsoever of which the company shall be the sole
judge may terminate this contract by giving notice of 15 days and the contractor
shall vacate the work place with his men and material on the expiry of such
notice period in the event of such termination of the contract. The contractor shall
be paid for all the work executed up to the date of terminations of the contract
including refund of security deposit subject to deduction of any dues, penalties,
other recoveries etc within a period of two months at the discretion of the officer
in charge.

54. MNGL reserve right to short close/ Terminate the contract any time based on
non-performance/ poor performance during contractual period by giving 15 days
notice.

55. The contractor shall be liable for making good all damages / losses arising out of
theft, pilferage of any furniture, equipment, fittings, fixtures, utensils, appliances
whatsoever as may be caused directly or indirectly by the persons engaged by
the contractor. At the appointed date, place hour the contractor shall make
available persons to be engaged along with appropriate tools wherever stated.

56. The contractor shall take charge of all the materials handed over to him by the
company and will be responsible for any loss/damage thereof.

57. The contractor shall issue an identity card to all its employees engaged for the
services to be provided. The contractor shall also provide at his own cost safety
equipments, materials, uniforms etc to his employees. All the safety rules and
regulations will be observed by the persons engaged under this contract.

58. The contract shall be directly and exclusively responsible for any liability arising
due to any dispute between him and his employees and shall indemnify the
company against all charges, dues, claims etc arising out of the disputes relating
to the dues and employments of personnel deployed by him.

59. The contractor shall ensure regular and effective supervision and control of the
personnel deployed by him and give suitable direction for undertaking the
contractual obligation.

60. For non-fulfillment of any obligation under the contract, the company reserves the
right to withhold the payments due to the contractor and out of such amount or

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Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

the amounts likely to fall due to the contractor (but without obligation to do so)
make such payments as it may consider necessary for smooth working.

61. Contractor shall deploy the resources as per requirements.

62. The company shall have the power to issue necessary instructions to the
contractor concerning discipline, decorum, work performance, safety etc. in
respect of the employees of the contractor engaged by him for providing the
services to the company and the contractor shall ensure compliance of all such
instruction strictly.

63. No payments shall be payable other than schedules payment to the contractor.

64. The monthly quoted rates shall be inclusive of Leave wages & other statutory
payments for providing such services.

65. Income tax as per rule, any other taxes shall be deducted from contractor’s
monthly bill / bills. Income Tax deduction certificate shall be issued to the
contractors.

66. The bidder shall deemed to have quoted after having satisfied himself to the
total nature of work, site of work, surrounding the means access transport
availability of services & to have obtained his information on all matters which
can in any way influence his offer.

67. MNGL reserves the right to terminate the contract with 15 days notice without
assigning any reason.

68. Jurisdiction:
The CONTRACT shall be governed by and constructed according to the laws in
force in INDIA. The CONTRACTOR hereby submits to the jurisdiction of the
Courts situated at PUNE for the purposes of disputes, actions and proceedings
arising out the CONTRACT, the courts at PUNE only will have the jurisdiction
to hear and decide such disputes, actions and proceedings.

69. Bidder to confirm the unconditional acceptance to the following clauses of the
tender
i) Security Deposit /Performance bank guarantee
ii) Schedule of Rates.
iii) Termination.
iv) Scope of Work.
v) Arbitration.
vi) Period of Validity Offer

70. DOCUMENTS:

70.1 GENERAL

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Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

The tenders as submitted will consist of the following:

i) Complete set of Tender Documents (Original) duly filled in and signed by


the tenderer as prescribed in different clause of the Tender Documents.

ii) Earnest money in the manner specified in Clause 28 hereof.

iii) Power of Attorney or a true copy thereof duly attested by an officer in


case an authorized representative has signed the tender, as required

iv) Information regarding Tenderers in the proforma enclosed.

v) Details of work of similar type and magnitude carried out by the Tenderer.

vi) Latest Balance sheet and profit & Loss Account / Turnover Certificate
duly audited.

vii) The bidder shall submit the documentary evidence like certificate of
registration with PF, ESIC authorities failing the bids are liable for
rejection.

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Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

ANNEXURE - A
Contract Agreement Form

AGREEMENT for “_________” (hereinafter called the "Job") made on ______ day of
_________, 2021 between M/s _________, hereinafter called the “Service Provider”
(which term shall unless excluded by or repugnant to the subject or context include
its successors and permitted assignees) of the one part and the Maharashtra Natural
Gas Ltd hereinafter called “MNGL” (which term shall unless excluded by or repugnant
to the subject or context include its successors and assignees) of the other part.

WHEREAS

MNGL being desirous of having provided for execution of certain work mentioned,
enumerated or referred to in the Service Order including Completion Schedule of job has
called for proposal.

A. The Service Provider has examined the Job specified in Bid Document of MNGL
and has satisfied himself by careful examination before submitting his proposal as
to the nature of the Job and local conditions, the nature and magnitude of the Job,
the availability of manpower and materials necessary for the execution of Job
and has made local and independent enquiries and obtained complete information
as to the matters and thing referred to, or implied in LOA or having any connection
therewith and has considered the nature and extent of all probable and possible
situations, delays, hindrances or interference’s to or with the execution and
completion of the Job to be carried out under the Agreement, and has
examined and considered all other matters, conditions and things and probable
and possible contingencies, and generally all matters incidental thereto and
auxiliary thereof affecting the completion of the Job and which might have
included him in making his proposal.

B. The Service Order including Completion Schedule of Job and Letter of Acceptance
of proposal form part of this Agreement though separately set out herein and are
included in the expression Agreement wherever herein used.

AND WHEREAS

MNGL accepted the bid of the Service Provider for the provision and the execution of the
said Job at the values stated in bid and finally approved by MNGL upon the terms and
subject to the conditions of Agreement.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND


DECLARED AS FOLLOWS:
1. In consideration of the payment to be made to the Service Provider for the Job
to be executed by him the Service Provider hereby covenants with MNGL that the
Service Provider shall and will duly provide, execute and complete the said Job
and shall do and perform all other acts and things in the Agreement mentioned or
described or which are to be implied there from or may be reasonably necessary

Page 90 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

for the completion of the said Job and at the said times and in the manner and
subject to the terms and conditions or stipulations mentioned in the Agreement.

2. In consideration of the due provision execution and completion of the said


Job, MNGL does hereby agree with the Agreement that MNGL will pay to the
Service Provider the respective amounts for the Job actually done by him and
approved by MNGL at the amount specified in this Service Order, such payment
to be made at such time in such manner as provided for in the Agreement and
Service Order.

In witness whereof the parties have executed these presents in the day and the year first
above written.

Signed and Delivered for Signed and Delivered for


and on behalf of MNGL and on behalf of
M/s Maharashtra Natural Gas Limited M/s _________________

___________________
___________________

Date :________________ Date :_________________

Place:________________ Place:_________________

IN PRESENCE OF TWO WITNESSES

1.___________________________ 1. _____________________

2.__________________________ 2. _____________________

Page 91 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

VOLUME II OF II

CONTENTS

Section-I Scope of Work including Time Schedule

Section-II Special Condition of Contract (SCC)

Section-III Schedule of Rates (SOR)

Page 92 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

SECTION-I
SCOPE OF WORK

Rate Contract for a period of Two years for hiring contractual manpower for O&M
activities for MNGL, PUNE.

1.1 SCOPE OF WORK FOR HIRING OF CONTRACTUAL MANPOWER FOR


O&M ACTIVITIES FOR PUNE (PMC & PCMC) GA.

Below given is the basic / minimum Technical qualification & experience requirement
for hiring of contractual manpower for O&M activities:

QUALIFICATION & EXPERIENCE FOR CONTRACT EMPLOYEES

Sr. Position Qualification Minimum Experience


No. Required
1 Mechanical Engineer ITI + Diploma 8 Years
BE/B Tech 2 Years
2 Electrical/Instrumentation ITI + Diploma 8 Years
Engineer BE/B Tech 2 Years

ESTIMATED QTY. ENVISAGED FOR SUPPORT SERVICES FOR O&M


ACTIVITIES INCULDING ELECTRICAL WORK : The estimated service unit
required shall be as follows:

Sr. Description of Services Qty. UOM for 24 Months


No. (Man months)
1 Mechanical Engineer 4 Nos 96
2 Electrical/Instrumentation Engineer 4 nos. 96

PAYMENT FOR SUPPORT SERVICES: APPLICABLE MINIMUM WAGES


Fixed consolidated monthly charges shall be payable by MNGL towards the services
rendered for each unit and shall be as follows:

Page 93 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

Skilled Skilled Electrical


Positions Mechanical /Instrumentation
Engineer Engineer
Man Months 96 96
Qty. for 24 Months 4 4
Sr. No. Particular
1 Basic 12605 12605
2 VDA 525 525
3 Personal Allowance 3000 3000
4 Conveyance Allowance 3000 3000
5 Sub Total 19130 19130
6 HRA (40%) on (1+2) 5252 5252
7 Bonus 8.33% on(1+2) 1093.73 1093.73
8 20 Days Paid Leaves on (1+2) 842 842
9 Fixed Petrol Allowance 2000 2000
10 Gross 28317 28317
10 Employer Contribution ESI3.25% on (4 to 5) 0 0
Employer Contribution PF 13% on (5) OR on
11
15000 1950 1950
12 Maharashtra Labor Welfare Fund 6 6
13 Total Monthly COST will be in Rs. 30273 30273
14 Deductions
15 ESIC @ 0.75% on (4) to (5) 0 0
16 EPF @ 12% on (4) OR on 15000 1800 1800
17 PT 200 200
18 Total Deductions in Rs. 2000 2000
19 NET IN HAND [(8) - (17)] 26317 26317

* Bonus can be payable annually /quarterly, subject to written permission and approval to
that effect from EIC.

* In case where ESIC is not applicable under such circumstances Employee


Compensation Act 1923 will be applicable and contractor should subscribe such policy.
In the said Act. MNGL will reimburse such expenses on production and submission of
policy with other relevant documents.

1.2 SERVICE CHARGE: Service charges shall be paid @ as quoted in Schedule of


Rates on gross Payment (i.e. Monthly consolidated fixed Pay rate + Relief duty charge)
excluding GST.

Page 94 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

1.3 In case the services are required on Sundays / Holidays, relief duty charge shall be
paid on pro-rata basis by MNGL for each additional shift over and above 26 shifts per
month.

1.4 GST at prevailing rate shall be reimbursed at actual against documentary evidence.

1.5 After award of Service Contract, contractor shall submit a list of proposed unit (s) to
be deployed along with their resume. This exercise shall be completed within 10 days and
accordingly, contractor will submit the details of proposed unit by 5th day from the date
of award of contract/ Service Order.

1.6 Replacement / Removal of personnel: The Company shall always have the right to
ask the contractor to remove immediately at short notice or replace any or all the support
service personnel deployed by him if the performance of such service unit is found to be
unsatisfactory.

1.7 Contractor is solely responsible for any kind of replacement of manpower or fulfill new
manpower requirement of company within 15 days.

1.8 The bidder will provide 4 nos’ of BE Or B. Tech/ITI + diploma Mechanical engineers and 4
nos’ of BE Or B. Tech/ITI + diploma Electrical/Instrumentation engineers.

1.9 Four (2 Mechanical & 2 Electrical/Instrumentation) at PMC and Four (2 Mechanical & 2
Electrical/ Instrumentation) at PCMC location for carrying out all
Mechanical/Instrumentation/Electrical work required for MNGL, Pune.

1.10 All spares and equipment will be under the scope of MNGL.

1.11 The engineers will be on duty 24X7 and have to attend any breakdown on being
informed by AIC or Emergency Number.

1.12 The requirements indicated above are only directional and shall be reviewed on a
monthly basis by the Company and communicated to the Contractor for increase / decrease
of the same.

1.13 The Contractor shall scrupulously observe and comply with all laws, rules, regulations
and requisitions of the Central/State Government and of all authorities appointed by them
or either of them including in particular, the Chief Controller of Expositive, Govt. of India
and/or Municipal And/or any other local authority with regard to the storage and sales of
petroleum products.

Page 95 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

1.14 The Contractor shall have the right only to enter the premises for the purpose of
performing the jobs stated in clause 1 at the said premises and shall have no right, title or
interest in the said premises or outfit and it is agreed by the Contractor and declared in
particular that the Contractor shall not be deemed to be in exclusive possession of the said
premises.

1.15 The Contractor shall not assign or transfer the jobs to any one nor shall appoint a sub-
Contractor for the said purpose. The Contractor or his representative should always be
available at the premises to supervise the jobs being undertaken by the Contractor for the
Company.

1.16 100% Payment shall be made to the Contractor on 15th day of each calendar month for
the jobs performed in the preceding month, only if the bills are submitted by the 5 day of
the month and subject to deduction of all applicable taxes including TDS.

1.17 The company will reimburse the Invoice amount claimed by operator within 30 days
after the submission of RA bill. Any unforeseen delay from MNGL due to various official/bill
Compliance related issues in reimbursement of bills claimed by operator, it is the
responsibility of operator to pay the salary of his employees up to a period of minimum 2
months.

1.18 The Contractor shall comply with the provisions of all the applicable labour laws,
particularly following Acts and any amendments/medications thereto or any other law
relating thereto and rules and there under from time to time and comply with all provisions
applicable therein and/or make all the payments specified therein.
1. Payment of Wages Act 1936.
2. Workmen’s Compensation Act 1923.
3. Industrial Disputes Act, 1947
4. Minimum wages Act 1948
5. Employees State Insurance Act 1948
6. Maternity Benefit Act 1961
7. Mines Act 1952
8. Employees provided funds and Misc., Provisions Act 1952.
9. Contract Labour (Regulation and Abolition) Act 1970
10. Payment of Bonus Act, 1965
11. Factories Act 1948
12. Shops and Establishment Act.

Page 96 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

1.19 The Contractor shall be fully responsible for compiling with the provisions (including
documentation and submission of Reports on the above to the concerned authorities) and
shall indemnify the Company from any such lapse for which the Government/statutory
authorities hereunder may take action against the Contractor and/or the Company.

1.20 The Contractor shall be liable to pay his contribution and his employee’s contribution to
the State Insurance Scheme, Provident Fund Authorities, etc. in respect of all his employees
for the performance of his obligations under this Agreement in accordance with the
provisions of the Employees’ State Insurance Act, 1948. Employees Provident Fund and
Miscellaneous Provisions Act 1952 as amended from time to time.

1.21 In case the Contractor fails to submit and/or pay full details of his labour employed and
the contributions payable, the Company shall recover from the monthly Bills of the
Contractor the amount of the shortfall in contribution assessed by the concerned
authorities. The amount so recovered shall be paid to the concerned authorities against the
actual contribution payable for Employees State Insurance or Employees Provident Fund,
etc.

1.22 The Company shall also have the power to deduct any sum required / estimated to be
deducted from the amount due to the Contractor for the following: -
1. Making good the loss suffered by his employees due to non- fulfilment of Contract
Labour (R&A) Act, 1970.
2. Non-payment of wages/minimum wages under the applicable statutes.
3. Deductions from the wages of his employees which cannot be justified under the
Contract Labour (R&A) Act 1970.
4. Non observance of any of the provisions of the Contract Labour (R&A) Act, 1970.

1.23 Such deductions mentioned in Clause 2.0 of 2.17 below will only be made based on a
report from the local Labour Commissioner/Inspecting Officer in accordance with Contract
Labour (R&A) Act, 1970.

1.24 The persons so appointed shall not be construed under any circumstances to be working
under the Company.

1.25 All payments shall be made by the Contractor to his employees in accordance with the
various Rules and Regulations stated above. The Contractor shall keep the Company
indemnified from any claims whatsoever inclusive damages/costs or otherwise arising from
injuries or alleged injuries or to death of persons employed by the Contractor.

Page 97 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

1.26 The Contractor shall at his own expense arrange for the safety provisions as required
by the Company in respect of all his labour directly or indirectly employed for performance
of his obligations under this Agreement and shall provide all facilities in connection
therewith. In case Contractor fails to make arrangements and provide necessary facilities as
aforesaid, the Company shall be entitled to do so and recovery from Contractor.

1.27 The insurance for the following will be covered and paid by for Contractor and he shall
indemnify the Company and hold the Company harmless in respect of all and any expense
arising from any injury and or damage in respect of.
1. Workmen’s compensation and risk of accidents of Contractor’s own employees.
2. Risk of accident to third parties through acts of Contractor’s own employees,
representatives, subcontractors and agents and the risk of damage to the property of
third parties arising out of the acts of Contractor’s employees, representatives,
subcontractors and agents, and
3. Risk of damage to the property of the Company through the acts of Contractor’s
employees, representatives, sub-contractors and agents.

1.28 The Company shall always have the right to carry out inspection by their officials for
determining the quality of jobs being carried out for efficient operation of the CNG Station
without any notice and the Contractor shall render all assistance for the same.

1.29 The Contractor will be fully responsible for complying with all relevant provisions of the
Contract Labour (R&A) Act, 1970, including registering himself/themselves under this Act
and shall pay rates of wages and observe hours of work and conditions of employment
according to rules in force from time to time.

1.30 The Contractor shall observe and implement all the laws of the land and the rules
framed there under for the staff employed by him and the Company shall in no event be
liable or responsible for any default or non-observance of such laws/rules on the part of the
Contractor.

1.31 The Contractor shall indemnify and keep indemnified the Company against any damage
and/or injury caused to the premises, or to the properties or to the members of the staff of
the Company through the neglect or default or otherwise of the Contractor.

1.32 The contractor has to provide all required PPE’s to the engineers for carrying out regular
maintenance work such as rubber gloves, boots, helmets etc.

1.33 There will be six working days in a week for the engineers.

Page 98 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

1.34 The contractor must provide standby personnel in case one of the engineers is on leave.
The engineers can avail leave after prior permission from the AIC.

1.35 The engineers have to attend LT as well as HT supply issues.

2.0 Special Terms of the Contract:

2.1 The services shall be provided in terms of shift patterns on round the clock basis as
mentioned in the tender document

2.2 The contractor is required to carry out all services as mentioned in the scope of
service and schedule of rates.

2.3 The contractor shall allow weekly rest to his workmen and daily working hours will
be fixed as per relevant Act / Law / and rules made there under. However, no work shall
be left in complete / unattended on any holiday / weekly rest. The contractor or his
authorized representative shall interact with Engineer in Charge, CNG Station daily for
smooth operation and maintenance of all the stations.

2.4 Contractor has to ensure the safety of man and machine all the times.

2.5 The contractor will be liable for any loss or injury to MNGL employees / agents due
to careless, negligent, inexperienced act or default of the contractor, his / her agent’s
representative or employees.

2.6 Regarding work completion, the decision of the Engineer in Charge shall be final.

2.7 The contractor shall make his own arrangement to provide all facilities like
accommodation and transport etc. to his workmen. MNGL does not make any
commitment to provide his employees with facilities such as office accommodation
canteen, tea, toilet, telephone etc.

2.8 All personnel of the contractor entering on work premises shall be properly and
neatly dressed and shall wear uniform, badges while working on premises of the
company including work sites.

2.9 Contractor shall maintain proper record of his working employee’s attendance and
payment made to them.

2.10 The contractor’s representative/ supervisor shall report daily to the shift-in-charge in
the CNG station for day-to-day working.

Page 99 of 113
Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

2.11 The contractor will strictly adhere to all the safety rules and regulations prevailing
and applicable from time to time at the installations as directed by MNGL.

2.12 It will be the responsibility of the contractor to pay as per the minimum wages of the
appropriate government rules applicable under the minimum wages act 1948.

2.13 Weekly Off to be provided to the employee as per Local Labor Laws. Payment shall
be done on man month basis considering 1 Man month =24/26/27 Man days. (For 28
Days Man Month=24 Mandays ; 30 Days Man Month=26 Mandays ; 31 Days Man
Month=27 Mandays.

The engineers will be working in general shifts with Sundays as weekly off. But they
have to attend critical issues on request from Engineer In-Charge / emergency even after
duty hours, if there is any.

2.14 Any statutory variations in Minimum wages as per Minimum Wages Act 1948 shall
be paid on submission of documentary evidence.

2.15 Overtime to be paid by contractor as per Local Labor Laws applicable to work
location/sites and NO separate payment will be made against overtime by MNGL

2.16 The contractor shall indemnify the company from any claim of the contract labour.

2.17 If the contractors fail to furnish any proof in respect of separate PF Code / No. of the
concerned RPF commissioner/ authority, their bids shall be liable for rejection.

2.18 Manpower shall be deployed within 15(fifteen) days from the date of intimation by
EIC.

2.19 If at any time during the currency of this agreement the Contractors fails to provide
manpower and or fail to perform its duties as provided herein and / or fails to perform the
various other obligations specified in this contract, the Company shall at its sole
discretion and without prejudice to any other rights and remedies engage the services of
other Agencies to perform the obligations of the Contractor and in such an event the
Contractor undertakes to reimburse the Company all the additional expenses incurred by
the Company in this connection.

2.20 Nothing herein contained shall prevent the Company from engaging any other
Contractor (s) to carry out the work similar to the work entrusted to the contractor(s).

2.21 It is agreed between the parties that if the quality of jobs carried out by the
Contractor are not of standard as required by Company and breach of any of the terms
and conditions herein mentioned, the Company is at liberty to terminate this Agreement

Page 100 of 113


Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

at the option of the Company by giving one months notice in the writing to the Contractor
without assigning any reasons thereof.

2.22 The contract shall be for the period of 2 (two) years from the date of Service Order
further extendable for another 1 (one) year on the same terms and conditions.

2.23 On the termination of this Agreement, the Contractor will immediately remove
himself and his directly or indirectly employed or deployed manpower from the said
premises with all the goods, if any, property and effects belonging to him. The Contractor
shall not cause any hindrance or objection in such circumstances.
*As per Payment of Bonus Act calculation is made and it should be paid once in a year,
most probably during Diwali festival.
The current minimum wages applicable as per minimum wages Act, 1948 is as above.
** Any statutory variations in Minimum wages as per Minimum Wages Act 1948 shall
be paid on submission of documentary evidence.
** Four National Holidays payment will be paid to the contractor as per the Labour
Laws.

3.0 TIME PERIOD OF CONTRACT:


(i) Contract mobilization period: Contractor shall mobilize the services within 15 days
from the date of Service Order or date of receipt of intimation for engagement of services
from EIC whichever is later failing which as per the provisions of contract as prescribed
elsewhere in the bidding documents / contract will be invoked which may include any or
all of the following :-
* Forfeiture of Security Deposit
* Termination of Contract

(ii) Contract period: Period of contract shall be for 2 (Two) years from the date of Service
Order and shall be extended for further one-year period at the sole discretion of MNGL
and the same shall be binding on the contractor.

4.0 TERMS OF PAYMENT:

i. The contractor shall submit the monthly bill (Cenvatable Invoice) for the period starting
from 1st to 30th or 31st of the current month latest by 3rd day of the next month. Payment
shall be made to the contractor within 15 days from the date of submission of the bill to
Engineer-in-charge (EIC) subject to the provision of adjustment of dues and statutory
deductions as applicable. Contractor has to submit the attendance / absentee statement /
travel statement in the prescribed format to EIC for his certification, latest by 1st day of
next month.

Page 101 of 113


Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

ii. Monthly Bill (s) in prescribed Format along with supporting documents i.e. attendance
register/ absentee statement/travel statement in the prescribed format, duly certified by
the Competent Authority, shall be submitted by the contractor.

iii. Monthly Wage payment before 7th of every month & Copy duly certified by EIC as a
proof that all due payment has been made in presence of EIC by the contractor to the
person’s engaged for execution of the jobsfor an adherence to the existing labour laws
related to wages.

iv) During validity of contract, contractor shall adhere to the following:


a. Valid Workman Compensation Insurance Policy and ESIC, if applicable.
b. PF remittance Challan copy with statement of that particular month for the persons
engaged.
c. ESIC remittance Challan copy with statement of that particular month for the persons
engaged.
d. Professional TAX Challan copy with Statement of particular month.
e. Wage register, Muster Roll and other compliance if any.

v) Payment shall be made to the contractor by MNGL within 7 days from the date of
certification of bill from EIC.

vi) PAYING AUTHORITY AND INVOICING DETAIL :

Paying authority for this contract shall be :


GM (F&A)
Maharashtra Natural Gas Ltd.
Pride Purple Coronet,
301-302, Second Floor,
Baner Rd, Above Bata Showroom,
Baner, Pune – 411045

Bidders are requested to raise CENVATABLE Invoice in name of following :


Engineer– In-charge
Maharashtra Natural Gas Ltd.
Pride Purple Coronet,
301-302, Second Floor,
Baner Rd, Above Bata Showroom,
Baner, Pune – 411045

before submitting the same to Officer In charge of this contract. Any change in Paying
Authority / Invoicing details shall be intimated later by MNGL.

vii) TAXES AND DUTIES:

Page 102 of 113


Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

The contract price shall be inclusive of all taxes & duties applicable from time to time.
However, GST will be reimbursed extra at the rates as admissible from time to time. The
contractor shall issue Cenvatable Invoice which should COMPULSORILY be serially
numbered and specify the following :
i. the name, address and GST registration number of the Contractor,
ii. the name and address of the recipient of the taxable service,
iii. description, classification and value of taxable service provided, and
iv. the rate and amount of GST.

In case of non-compliance to the above, MNGL is not liable to reimburse any claim of
contractor in respect of GST mentioned in bill.

Variation only on account of statutory variation, during the currency of contract, shall be
compensated. However, if bidder / contractor opts to change scheme and it results in
variation in GST, any increase resulting from above shall not be payable.

5.0 RECOVERY:

The contractor shall ensure proper performance of services rendered by the personnel
deployed by him. In case any of personnel deployed is found not properly dressed,
missing from the place of work, slumbering on duty point or involved in activities not
related to his duty, etc. the same would be brought to the notice of the contractor and his
authorized representative immediately, who would take appropriate action. MNGL,
however, will impose penalty of an amount equal to two days’ salary on the contractor
and the amount shall be deducted from the bills/payments that may be payable to the
contractor. On repetition of similar fault / lapse penalty of amount equal to three days’
salary will be imposed. In case such incidents continue unabated, the Company shall be at
liberty to review continuance of this contract.

6.0 SECURITY DEPOSIT :


Shall be as per GCC Clause No. 29

7.0 TERMINATION OF CONTRACT:

The contract shall be terminated under the following circumstances:


If the services rendered/ provided to MNGL employees / guest(s) are not found to be
satisfactory during this period, the contract shall be terminated by giving 15 days’ notice
in writing. MNGL may at any time during the currency of the contract and solely at its
discretion terminate the contract by giving 15 days’ notice before expiry of full term or
extended term of contract.
The rate contract will be for a period of 2 Years & MNGL reserves the right to terminate
the contract either in part or in full without assigning any reason thereof. Officer-In-

Page 103 of 113


Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

Charge shall in such an event give 15 (Fifteen) days’ notice in writing to the Contractor
of his decision to do so.
Contractor upon receipt of such notice discontinue the work. In the event of such
termination, Contractor shall be paid for the actual time performed and service provided
till the date specified in the notice.

8.0 CONTRACTOR RESPONSIBILITY:

(i) Contractor shall execute an agreement in prescribed Performa on nonjudicial stamp


paper of appropriate value provided by the government, within 15 days on receipt of
work order. The cost of stamp paper shall be borne by the Contractor.

(ii) No other person except Contractor’s authorized representative shall be allowed to


enter MNGL’s following offices and associated premises.

Maharashtra Natural Gas Ltd.


Pride Purple Coronet,
301-302, Second Floor,
Baner Rd, Above Bata Showroom,
Baner, Pune – 411045

Within the MNGL’s premises, the Contractor’s personnel shall not do any private work
other than their normal duties.

(iii) Contractor shall be directly responsible for any/all disputes arising between him and
his personal and keep respective MNGL offices at Pune & associated premises/working
sites indemnified against all losses, damages and claims arising thereof.

(iv) The personnel engaged by Contractor shall be subject to security check by the
MNGL’s security staff while entering/leaving the premises.

(v) Contractor shall be solely responsible for the payment of wages/remuneration


including allowance to his/its personnel that might become applicable under any new act
or order of Government. MNGL shall have no liability whatsoever in this regard.

(vi) Contractor shall be fully responsible for theft, burglary, fire or any mischievous
deeds by his/its staff.

(vii) Contractor shall be directly responsible for any/all disputes arising between him and
his personal and keep respective MNGL offices at Pune & associated premises/working
sites indemnified against all losses, damages and claims arising thereof.

Page 104 of 113


Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

(viii) The personnel engaged by Contractor shall be subject to security check by the
MNGL’s security staff while entering/leaving the premises.

(ix) Contractor shall be solely responsible for the payment of wages/remuneration


including allowance to his/its personnel that might become applicable under any new act
or order of Government. MNGL
shall have no liability whatsoever in this regard.

(x) Contractor shall be fully responsible for theft, burglary, fire or any mischievous deeds
by his/its staff.

9. COMPLIANCE WITH STATUTORY REGULATIONS:

(i) The Contractor/Agency shall have its own staff for the contractual jobs. The
Contractor/Agency shall be responsible for strict compliances of all statutory provisions
of the relevant labour laws applicable from time to time and particularly of the state of
Maharashtra for carrying out the above job. If due to any reason whatsoever MNGL is
made liable to meet any obligation under any of the said laws and enactments etc, for any
reason whatsoever, the same shall be recovered from the Security Deposit of the
Contractor with MNGL, or from the bills payable to him or failing which, it shall be
recovered as per law.

(ii) The Contractor shall have a separate PF-Account Code No. allotted by the PF
authority and ensure the extension of PF EDLI & EPS-95 benefits to its workers engaged
by him for execution of this contract, as provided under Employees Provident Fund &
Miscellaneous Provision Act-1952, and the schemes framed there under. The contractor
shall have an independent ESI code and ensure coverage of all its workmen or in case the
provision of ESIC is not applicable then in that case contractor shall ensure coverage of
all its workmen under the provision of the Workmen Compensation Act.

(iii) The Contractor shall comply with provision of the Payment of Wages Act- 1936, the
Minimum Wages Act 1948, the Employees Provident Fund & Misc. Provision Act-1952,
the Employees State Insurance (ESI) Act-1948, the Employees Liability Act-1938, the
Workmen’s Compensation Act-1923, the ID Act-1947, the Maternity Benefit Act 1961,
the Contract labour (Regulation &Abolition) Act 1970 and other relevant acts, rules and
regulations enforced from time to time or any modification thereof or any other statutory
requirements as applicable in the State, or any other law relating to rules made there
under from time to time.

(iv) The Contractor shall make payments of wages to his employees on or before the
specified dates as per in the relevant law, in presence of an authorized representative of
MNGL. The Contractor will be required to comply with all statutory provisions contained
in Labour Legislations in general and Contact

Page 105 of 113


Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

Labour (R&A) Act, 1970, Minimum Wages Act and Payment of Wages Act in particular.

(v) The Contractor will employ only adult labour for the works as per the requirement.

(vi) The Contractor will ensure that every person will get his payment on or before 7th of
every month, irrespective of company will made the payment for that particular month.

10.0 OTHER COMMERCIAL TERMS & CONDITION :

(i) Competent Authority wherever mentioned in tender document, shall mean Managing
Director / Director (Commercial) of MNGL.

(ii) User Department wherever mentioned in tender document, shall mean MNGL’s
various Functional Departments for whom the support services are required.

11. GENERAL STATUTORY REQUIREMENTS

In addition to provisions stated in the General Contract Conditions of MNGL following


provisions For execution of contracts within MNGL Premises are also required to be
complied as per relevant Labour Laws/Act/Factories Act.:-

01. The payments/wages paid to contract workers shall be verified by the departmental
supervisor with his name and designation with the following certificate on the payment
sheet: “Certified that the amount
shown in Column No._______________ has been paid to the workmen
concerned in my presence on _____________.

02. The following Documents/forms will be maintained by the concerned contractor &
furnished to MNGL (if required) for employing contract labour as per provisions of the
Factories Act, 1948.
• Register of Adult Workers : Form No. 14 (Rule 96)
• Leave with wages Register :Form No. 18(Rule 103)
• Leave Register :Form No. 15 (Rule 103)
• Nomination Form :Form No. 20 (Rule 104)
• Leave Record :Form 19 (Rule 103)

03. The following documents/Forms under the Contract Labour (Regulation and
Abolition) Act 1970 and Rules there under shall be maintained by the Contractor.
• A notice showing the wage period and the place and time of reimbursement of wage is
to be displayed at the place of work and a copy is to be sent by the Contractor to the
MNGL under acknowledgment (Rule 71).
• Register of persons employed by Contractor Form – XIII (Rule75).
• Employment Card- Form XIV (Rule 76).

Page 106 of 113


Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

• Service Certificate – Form XV (Rule 77)


• Muster Roll, Wage Register (Rule 78)
• Display of abstracts of Contract Labour (Regulations & Abolition) Act and Rules in
English and Hindi (Rule 79).
• Half – Yearly Return to be sent by the Contractor to Licensing Officer in Form XXIV
(in duplicating) (Rule 82-1).

04. All the registers, records and notices maintained under the Act and Rules shall be
produced on demand before the inspector of factories or any other authority under the
Act.

05. The contractor (Licenses or unlicensed) will get the contract labour engaged by him
insured under the Workmen’s Compensation Policy from General Insurance Corporation
of India before actually starting the work of contract. The insurance coverage should be
for the entire period of contract. The contractor shall comply with the provisions of the
Workmen’s Compensation Act 1923.

06. The contractor will also give paid National Holidays to his workers as per company
approved paid holidays.

12. STATUTORY REQUIREMENT OF PROVIDENT FUNDS

Contractor must ensure the compliance of the Employee Provident Funds and
miscellaneous Provisions Act 1952. Accordingly, the following procedures should be
strictly followed: -

01. It should be ensured that the certified copy of challan of the payment made by the
Contractor towards contribution to the Provident Fund in respect of Contract Labour
engaged for the works of MNGL, is enclosed with the bill for month immediately
preceding to the month on which the bill is being raised before forwarding the same to
the Finance Deptt. For payment.

02. The Contractor should also enclose a copy of Form V/V-A with the bill so as to
indicate the coverage of the workmen employee on his rolls as working for MNGL/other
companies and it should be ensured that the PF Contribution covers all workers engaged
for MNGL’s work.

03. Each bill of the contractor should also be supported with the Payment certificate to be
supplied, which should be issued by the concerned Head of the department and also
counter signed by the work supervisor / Representative/Officer-In-Charge of MNGL,
under whose functional control the contractor is performing the entrusted work. Through
such certificate, it is also ensure that:-

Page 107 of 113


Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

(a) The payments made to the Contract labour should not be less than the Minimum
Wages prescribed and are paid before the expiry of seventh day of following month.
(b) That the payments have been made to al the contract labour employed by the
Contractor in the presence of authorized representative.
(c) That the necessary payments records/Form-12 / Leave Register/Books as applicable
under Labour and Industrial Law and other necessary records have been maintained by
the contractor.
(d) That there are no outstanding dues of the Contractor towards any of the Contract
labour employed by him for the works of MNGL.

04. The Finance dept. would entertain only of those bills which are supported by the
enclosures as indicated above.

Page 108 of 113


Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

SPECIAL CONDITION OF CONTRACT (SCC)


1. The CONTRACTOR will be paid service charges as applicable. The
CONTRACTOR will submit his monthly bills in the following month. The
MNGL will endeavor to settle the monthly bills after due verification within
15 working days of receipt of the bill. The MNGL reserves the right to
withhold / deduct such amounts from the monthly bill at its sole discretion
equivalent to or covering the wage payment not paid / short paid / not
properly calculated and paid to their workmen by the CONTRACTOR.
Settlement of monthly bill shall not be construed by the CONTRACTOR as
a pre-condition for settling the wage payment to their workmen/
employees.

2. Salary/ wages must be paid to all the employees deployed at MNGL


on or before 07th day of every month. Salary/ wage payment should
be paid only by RTGS/NEFT transfer. No cash payment will be
accepted. The proof of such payment must be attached to each
monthly bill along with labour compliance. Salary payment to the
employees deployed in no way should be connected to the bill
submission and bill payment.

3. Overtime (OT):
In case of Festival Holidays defined under the Bombay Shop &
Establishment Act, OT shall be payable as per the applicable labour laws
and records to that effect shall be maintained and submitted by the
CONTRACTOR to the MNGL along with the monthly bill for the
reimbursement.

4. In case of daily required manpower is not available on any day due to the
reason of absent or leave or where replacement required and
CONTRACTOR fail to provide the same or non-availability of the relieving
person, in such exigencies, OT if any must be paid by the CONTRACTOR
only and a record of such OT must be maintained separately as per the
applicable labour laws.

5. Except OT on the above mentioned National Holidays, all other OT shall


be paid by the CONTRACTOR only and the same must be intimated to
the OIC in writing immediately.

6. It is the responsibility of the CONTRACTOR to manage the scope of the


contract / work and to provide replacement immediately without delay
under intimation to OIC.

Page 109 of 113


Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

7. The CONTRACTOR hereby confirms that he has already inspected the


work site/office has clearly assessed the nature and extent of work and
the conditions under which it will be carried out.

8. CONTRACTOR shall ensure experience and qualification of the candidate


as per tender documents and scope of work. In case of audit by MNGL
such document found inconsistent / discrepancy, in such circumstances
contract may be cancel by the MNGL with due notice.

9. The rates agreed herein shall remain firm till the expiry of the contract and
extended period. The CONTRACTOR shall not be entitled to any increase
or revision (except Statutory).

10. As per requirement manpower may be deployed round the clock in the
following 4 shifts of 8 hours each at MNGL offices/ CNG stations/ site in
following shift :-

General Shift: 9.15 AM to 5.45 PM


First Shift : 7.00 AM to 3.00 PM
Second Shift : 3.00 PM to 11.00PM
Third Shift : 11.00 PM to 7.00 AM

11. On receipt of any complaint /non-compliance of the provisions of


above mentioned SCC, penalty of Rs. 500/- per day/ per occasion /per
person shall be imposed by OIC in writing to CONTRACTOR.

12. Contractor shall submit below given labour laws compliance on


monthly basis along with the invoice, changes if any in this regard
will be informed by MNGL.

*Compliance Forms under the Ease of Compliance to Maintain Registers


under various Labour Law Rules, 2017. Following is combined registers are
required to be maintained in pursuant of the Rules : -

a) FORM A- Format of Employee Register


b) FORM B- Format of Wage Register
c) FORM C- Format of Register of Loans/Recoveries
d) FORM D- Format of Attendance Register

And other are,


e) EPF compliance
f) ESIC compliance
g) Employee compensation policy

Page 110 of 113


Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

h) Labour license
i) Bonus Act Form – C & D
j) Maharashtra Labour Welfare Fund Return

13. PRICE REDUCTION SCHEDULE :

In the event of failure of the Contractor to mobilize the services within


mobilization period at the disposal of Maharashtra Natural Gas Limited or
if the services is not acceptable as per the provisions of the Contract,
Maharashtra Natural Gas Limited without prejudice to other remedies
available under the Contract, shall have the right to exercise any of the
following :-

(i) to recover from the bidder price reduction / liquidated damages @0.5%
of the estimated contract value per week of delay or part thereof in
providing such services subject to a maximum of 5% of the total
estimated value of contract. Both bidder and MNGL agree that the
above percentage of price reduction are genuine pre-estimates of the
loss / damage which MNGL would have suffered on account of delay /
breach on the part of the bidder and the said amount will be payable
on demand without there being any proof of the actual loss / or
damage caused by such breach / delay. A decision of Maharashtra
Natural Gas Limited in the matter of applicability of price reduction /
liquidated damages shall be final and binding.
(ii) In addition to above fixed charges on pro-rata basis shall not be
payable for the period for which the services was not provided to make
alternative arrangement of such services at the sole risk and cost of
the bidder and recover such extra costs and expenses from bidder’s or
from any other amount due to the bidder.
(iii) to terminate the contract in whole or in part thereof by forfeiting the
Security Deposit (SD) as per provisions of the Contract.

Note: These terms and conditions are part of the Contract/Agreement as


indicated in the Agreement between MNGL and the Agency and any non-
compliance shall be deemed as breach of the Contract/Agreement.

Page 111 of 113


Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

SECTION – III
SCHEDULE OF RATES (SOR)

PREAMBLE TO PRICE SCHEDULE / SCHEDULE OF RATES (SOR)

1. The schedule of rates shall be read in conjunction with other sections with
this Bidding document.

2. The contractor is deemed to have studied the drawings/specifications and


details of works to be done within the time schedule and should have
acquainted himself of the conditions prevailing in the region(s).

3. The quantities given in the schedule of rates are indicative, tentative and
approximate. 15 days advance intimation shall be given for deployment of
manpower.

4. The quoted prices to include all taxes & duties including WCT. The
applicable rate of Goods & Service Tax (GST) and its amount shall be
indicated separately by the bidders in the column provided in the SOR.

5. Bidder shall submit Cenvatable invoices to enable owner to obtain Cenvat


benefits for GST and WCT paid to the contractor.

Page 112 of 113


Tender for Rate Contract for a period of 2 years for
hiring contractual manpower for O&M activities for
MNGL, Pune
MAHARASHTRA
Bid No.: MNGL/CP/2021-22/19
NATURAL GAS LIMITED

SCHEDULE OF RATES (SOR)

Schedule of Rates(SOR) / BOQ is enclosed on e-tendering portal.

Evaluation Formula : Evaluation shall be done as per Clause No. 3.3 of Annexure –
I to IFB.

___________________
Signature of Bidder

Stamp :

Page 113 of 113

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