DT Final Disaster Dumper

E – Tender for
Name of the work
“Hire the services of dumpers under Disaster Management

for City, Western Suburbs, Eastern Suburbs division for a period of 180
days.”
Website – portal.mcgm.gov.in/tenders
Due Date – 05/04/2023
Office of the
Deputy Chief Engineer (Solid Waste Management) Planning,
Fourth Floor, Municipal Khatav Market Building,
Opposite Avishkar Building, Khatavwadi, Sleater road,
Grant Road (W), Mumbai-400007
Phone:- 022-23877691/23844450
Email- ([email protected]/
[email protected])
Prepared by Checked by Verified by Approved by
Sd/- Sd/- Sd/- Sd/-

S.E.(SWM)Pl A.E.(SWM)Pl E.E.(SWM)Pl Dy.Ch.E.(SWM)Pl
1
INDEX
SECTION DESCRIPTION Pg. No.
1 E-TENDER NOTICE 3-9
2 ELIGIBILITY CRITERIA 10-14
3 DISCLAIMER 15-17
4 INTRODUCTION 18-19
5 E-TENDER ONLINE SUBMISSION PROCESS 20-23
6 INSTRUCTIONS TO APPLICANTS 24-50
7 SCOPE OF WORK 51-52
8 BILL OF QUANTITIES 53-55
9 GENERAL CONDITIONS OF CONTRACT 56-115
10 SPECIFICATIONS 116-128
11 FRAUD AND CORRUPT PRACTICES 129-133
12 PRE-BID MEETING 134-135
13 LIST OF APPROVED BANKS 136-140
14 APPENDIX 141-147
15 ANNEXURE AND PROFORMAS 148-166
2
SECTION 1
E-TENDER
NOTICE
3
BRIHANMUMBAI MUNICIPAL CORPORATION
SOLID WASTE MANAGEMENT DEPARTMENT
E-TENDER NOTICE
Subject: “Hire the services of dumpers under Disaster Management for City,
Western Suburbs, Eastern Suburbs division for a period of 180
days.”
Brihanmumbai Municipal Corporation (BMC) invites e-tender on item

rate basis to appoint Contractor for the aforementioned work from
contractors of repute, multidisciplinary engineering organizations i.e.
Eminent firm, Proprietary/Partnership Firms/ Private Limited Companies/
Public Limited Companies/Companies registered under the Indian
companies’ act 2013.
The contractors registered with the Brihanmumbai Municipal
Corporation, (BMC) with valid registration of Class ‘AA’ in Mechanical &
Electrical category as per registration rule 2015 and Class ‘B’ in Mechanical &
Electrical category as per new registration rule 2016 and from the
contractors/firms equivalent and superior classes registered in Central or State
Government/Semi Govt. Organization/Central or State Public Sector
Undertakings, will be allowed subject to condition that, The contractor who are
not registered with BMC will have to apply for registering their firm within three
month (03) months period from the award of contract, otherwise their Bid
security i.e. E.M.D.( earnest money Deposit) will be forfeited/ recovered and an
amount equal to Registration Fee of respective class will be recovered as
penalty.
Bidding Process will comprise of THREE stages.
The application form can be downloaded from BMC's portal
(http://portal.mcgm.gov.in) on payment of tender price as given below.
Sr. No. Groups Tender Price in Rs.
1. Group I Rs 2500+ 18 % GST
2. Group II Rs 2500+ 18 % GST
3. Group III Rs 2100+ 18 % GST
4. Group IV Rs 2000+ 18 % GST
5. Group V Rs 1900+ 18 % GST
6. Group VI Rs 1900+ 18 % GST
7. Group VII Rs 1800+ 18 % GST
8. Group VIII Rs 2300+ 18 % GST
4
The applicants not registered with BMC are mandated to get registered
(Vendor Registration) with BMC for e-tendering process & obtain login
credentials to participate in the online bidding process.
i) To download the application form, for those applicants not having
vendor registration, need to apply first for vendor registration at the office of
Account Officer (FAR), 3rd floor, Municipal Headquarter.
ii) Followed by SRM login ID and password to be obtained from Central
Purchase Department (CPD), Office at Byculla, Bakariadda, Mumbai
iii) For e-Tendering registration, enrolment for digital signature certificates
and user manual, please refer to respective links provided in ‘Tenders’ tab.
Vendors can get digital signature from any one of the Certifying
Authorities (CA's) licensed by controller of certifying authorities namely,
Safes crypt, IDRBT, National informatics centre, TCS, CUSTOMS, MTNL,
GNFC and e- Mudhra CA.
Name of work Contract Period
“Hire the services of dumpers under Disaster
Management for City, Western Suburbs, Eastern 180 days
Suburbs division for a period of 180 days.”
In terms of the 3 stage system of e-tendering, a Bidder will be

required to deposit, along with its Bid, an Earnest Money Deposit as
shown in table below:-
Sr.
Groups E.M.D (in Rs.)
No.
Group I 22,100/-
1
Group II 22,100/-
2
Group III 19,000/-

3
Group IV 17,600/-
4
Group V 17,200/-
5
Group VI 17,200/-
6
Group VII 16,100/-

7
8. Group VIII 20,200/-
5
The E.M.D is refundable in accordance to the relevant clause of bid
document, from the Bid Due Date, except in the case of the selected Bidder
whose Bid Security/EMD shall be retained. The Bidders will have to provide
Earnest Money Deposit through the payment gateways while submitting the
bids. The Bid shall be summarily rejected if it is not accompanied by the
Earnest Money Deposit. The e-tender is available on BMC portal
(http://portal.mcgm.gov.in) as mentioned in the Header Data of the tender.
As per THREE Packet systems, the document for Packet A & B is
to be uploaded by the bidder in vendors’ document online in Packet A, B.
Packet A,B & C shall be opened on dates as mentioned in header data. All
the responsive and eligible bidders if they so wish can be present at the time
of opening of bids, in the office of Dy. Ch. Eng.(SWM) Planning. The Packet
C shall be opened if bids submission in Packet A & B satisfies/includes all
the requirements and same are found acceptable to the Authority.
The Municipal Commissioner reserves the right to reject all or any

of the e- tender(s) without assigning any reasons at any stage.
The dates and time for submission and opening the bids are as shown
in the Header Data. If there are any changes in the dates the same will be
displayed on BMC Portal. (http://portal.mcgm.gov.in)
The Applicants interested for the above referred works may

contact the Dy. Chief Eng. (SWM) Planning at the following address on any
working day during office hours.
Office of the
Deputy Chief Engineer (Solid Waste Management) Planning,
Fourth Floor, Municipal Khatav Market Building,
Opposite Avishkar Building, Khatavwadi, Sleater road,
Phone:- 022-23877691/23844450
[email protected])
The applicants may wish to visit the site under reference and can
collect the information of the present status from the department who have
invited the bids.
BMC reserves the rights to accept any of the application or reject any
6
or all the application received for above works, without assigning any reasons
thereof. The information regarding above subject matter is available on
Website of BMC (http://portal.mcgm.gov.in/tenders)
Sd/-
Dy. Ch. Eng (SWM) Planning
7
HEADER DATA
Group I 7200051232
Group II 7200051233
Group III 7200051234
Group IV 7200051235
Tender Document No.
Group V 7200051236
Group VI 7200051237
Group VII 7200051238
Group VIII 7200051239
Name of Organization Brihanmumbai Municipal Corporation (BMC)
Hire the services of dumpers under Disaster
Subject
Management for City, Western Suburbs, Eastern
Suburbs division for a period of 180 days.”
Group I Rs 2500+ 18 % GST
Group II Rs 2500+ 18 % GST
Group III Rs 2100+ 18 % GST
Group IV Rs 2000+ 18 % GST
Cost of Tender
Group V Rs 1900+ 18 % GST
Group VI Rs 1900+ 18 % GST
Group VII Rs 1800+ 18 % GST
Group VIII Rs 2300+ 18 % GST
Group I Rs. 22,100/-
Group II Rs. 22,100/-
Group III Rs. 19,000/-
Group IV Rs. 17,600/-

Bid Security Deposit/ EMD
Group V Rs. 17,200/-
Group VI Rs. 17,200/-
Group VII Rs. 16,100/-
Group VIII Rs. 20,200/-
Date of issue and sale of tender 28.03.2023 from11:00Hrs

Last date & time for sale of tender
05.04.2023 upto16:00Hrs
& Receipt of Bid Security Deposit
Submission of Packet A, B &
05.04.2023 upto16:00Hrs
Packet C (Online)
_________ at 11.00 Hrs in conference room
Pre bid Meeting
of Ch.E.(S.W.M)
Opening of Packet A & B 06.04.2023 after16:00Hrs
Opening of Packet C (Online) 10.04.2023 after 11.00hrs
8
Office of the
Dy.Ch.Eng.(SWM) Planning
Fourth Floor, Municipal Khatav Market
Building,
Opposite Avishkar Building, Khatavwadi,
Address for communication
Sleater road,
Phone:- 022-23877691/23844450
[email protected])
Venue for opening of bid On line in Dy. Ch. Eng.(SWM) Pl.’s office
This tender document is not transferable.
BMC reserves the rights to reject any or all the application received for above subject
without assigning any reason thereof.
Sd/-
Dy. Ch. Eng. (S.W.M.) Planning
9
SECTION 2
ELIGIBILITY CRITERIA
10
A. 1.1 Technical Capacity
The tenderer(s) in their own name should have satisfactorily executed

the work of similar nature as described in para 1.3 in BMC /Semi Govt.
/Govt. & Public Sector Organizations during last seven (7) years ending last
day of month previous to the one in which bids are invited as a prime
Contractor.
Three similar Two similar completed One similar

completed works each works each of value completed works
of value not less than not less than amount each of value not
amount as mentioned as mentioned below less than amount as
below (Rs.) (Rs.) mentioned below
(Rs.)
GI 4,41,600/- OR GI 5,51,900/- OR GI 8,83,100/-
G II 4,41,100/- G II 5,51,400/- G II 8,82,200/-
G III 3,78,300/- G III 4,72,800/- G III 7,56,500/-
G IV 3,51,000/- G IV 4,38,800/- G IV 7,02,000/-
GV 3,43,100/- GV 4,28,800/- GV 6,86,100/-
G VI 3,42,200/- G VI 4,27,700/- G VI 6,84,300/-
G VII 3,21,200/- G VII 4,01,500/- G VII 6,42,400/-
G VIII 4,03,800/- G VIII 5,04,700/- G VIII 8,07,500/-
The value of executed works shall be brought to current costing level

by enhancing the actual value of work at compound rate of 10 % per
annum; calculated from the date of completion to last date of receipt of
applications for tenders.
1.2 Financial Capacity
The Bidder shall have achieved an average annual financial turnover
as certified by ‘Chartered Accountant’ not less than an amount as mentioned
in table below in 2019-20, 2020-21, 2021-22.
11
Average annual
Sr. No. Group financial turnover
(in Rs.)
1 Group I Rs. 6,62,300/-
2 Group II Rs. 6,61,700/-
3 Group III Rs. 5,67,400/-
4 Group IV Rs. 5,26,500/-
5 Group V Rs. 5,14,600/-
6 Group VI Rs. 5,13,300/-
7 Group VII Rs. 4,81,800/-
8 Group VIII Rs. 6,05,600/-
The value of each year’s turnover shall be brought to current costing

level by enhancing the actual value at compound rate of 10 % per annum;
calculated from the date of completion to last date of receipt of applications
for tenders.
1.3 Similar Experience:
For assessing the technical capacity of regular, routine and
maintenance work; Similar Work Shall mean, the bidder shall
have supplied vehicle on hire or carried out the work of
Operation & Maintenance of 16000 or more Kgs GVW vehicles
for any Government/ Semi-Government Organizations/ Public
Sector Undertakings.
Note:- The bidder shall disclose the litigation history in packet

‘B’ under the head “Details of Litigation History” on their letter
head.
If there is no Litigation History, the bidder shall
specifically mention that there is no Litigation History against
him as per the clause of Litigation History. In case there is
litigation History –
Litigation History must cover – Any action of blacklisting,
debarring, banning, suspension, deregistration and cheating
with BMC, State Govt., Central Govt. or any authority under
12
State or Central Govt./ Govt. Organization initiated against the
company, firm, directors, partners or authorized signatory shall
be disclosed for last 5 years from the date of submission of bid.
Also, bidder must disclose the litigation history for last 5 years
from the date of submission of bid about any action like show
cause issued, blacklisting, debarring, banning, suspension,
deregistration and cheating with BMC & BMC is party in the
litigation against the company, firm, directors, partners or
authorized signatory for carrying out any work for BMC by any
authority of BMC and the orders passed by the competent
authority or by any Court where BMC is a party. While taking
decision on litigation history, the concerned Chief Engineer or
D.M.C. or Director, as may be the case, should consider the
details submitted by bidder and take decision based on the
gravity of the litigation and the details submitted by the bidder
and take decision based on the gravity of the litigation and the
adverse effect of the act of company, firm, directors, partners or
authorized signatory on the BMC works which can spoil the
quantity, output, delivery of any goods or any work execution
and within the timeframe.
1.4 Bid Capacity
The bid capacity of the prospective bidders will be calculated as
under:
Assessed Available Bid Capacity = (A* N* 2 - B)
Where,
A = Maximum value of Civil Engineering works executed in any one
year (year means Financial year) during the last five years (updated to
the price level of the Financial year in which bids are received at a rate of
10% per year, compounded annually) taking into account the completed
as well as works in progress.
N = Number of years prescribed for completion of the Project/Works,
excluding monsoon period, for which these bids are being invited. (E.g. 7
months = 7/12 year) For every intervening monsoon, 0.33 shall be added
to N.
B = Value of existing commitments (only allotted works) on the last
date of submission of bids as per bidding document and on-going works
to be completed during the period of completion of the Project/Works for
which these bids are being invited.
13
Note: The statement showing the value of existing commitments and on-
going works as well as the stipulated period of completion remaining for
each of the works listed should be attached along with certificates duly
signed by the Engineer-in Charge, not below the rank of an Executive
Engineer or equivalent.
Even though the bidders meet the above qualifying criteria, they
are subject to be disqualified if they :
 Have made misleading or false representation in the forms, statements
and attachments submitted in proof of the qualification requirements;
and/or
 Have record for poor performance such as abandoning the works, not
properly completing the contract, inordinate delays in completion, or
financial failures etc.
1.5 Joint Venture
Joint Venture is not allowed in this tender.
1.6 Infrastructural Set Up
The bidder shall have their well established office within the MMR
Region. In case the bidder doesn’t have an office he shall give an undertaking
on Rs.500/- stamp paper that he shall set up an office within MMR within
period of 90 days from the date of issue of LOA.
14
SECTION 3
DISCLAIMER
15
DISCLAIMER
The information contained in this e-tender document or provided to
Applicant(s), whether verbally or in documentary or any other form, by or on
behalf of the Brihanmumbai Municipal Corporation (BMC), hereafter also
referred as “The Authority “, or any of its employees or advisors, is provided
to Applicant(s) on the terms and conditions set out in this e-tender and such
other terms and conditions subject to which such information is provided.
This e-tender includes statements, which reflect various assumptions
and assessments arrived at by Brihanmumbai Municipal Corporation (BMC)
in relation to the Project. Such assumptions, assessments and statements
do not purport to contain all the information that each Applicant may
require. This e-tender may not be appropriate for all persons, and it is not
possible for the Brihanmumbai Municipal Corporation (BMC), its employees
or advisors to consider the investment objectives, financial situation and
particular needs of each party who reads or uses this e-tender. The
assumptions, assessments, statements and information contained in this e-
tender may not be complete, accurate, adequate or correct. Each Applicant
should therefore, conduct its own investigations and analysis and should
check the accuracy, adequacy, correctness, reliability and completeness of the
assumptions, assessments, statements and information contained in this e-
tender and obtain independent advice from appropriate sources.
Information provided in this e-tender to the Applicant(s) is on a wide
range of matters, some of which may depend upon interpretation of law. The
information given is not intended to be an exhaustive account of statutory
requirements and should not be regarded as a complete or authoritative
statement of law. Brihanmumbai Municipal Corporation (BMC) accepts no
responsibility for the accuracy or otherwise for any interpretation or opinion
on law expressed here.
Brihanmumbai Municipal Corporation (BMC), its employees and
advisors make no representation or warranty and shall have no liability to
any person, including any Applicant or Bidder, under any law, statute,
rules or regulations or tort, principles of restitution or unjust
enrichment or otherwise for any loss, damages, cost or expense which
16
may arise from or be incurred or suffered on account of anything contained
in this e-tender or otherwise, including the accuracy, adequacy, correctness,
completeness or reliability of the e-tender and any assessment, assumption,
statement or information contained therein or deemed to form part of this e-
tender or arising in any way with pre-qualification of Applicants for
participation in the Bidding Process. Brihanmumbai Municipal Corporation
(BMC) also accepts no liability of any nature whether resulting from
negligence or otherwise howsoever caused arising from reliance of any
applicant upon the statements contained in this e-tender.
Brihanmumbai Municipal Corporation (BMC) may, in its absolute
discretion but without being under any obligation to do so, update, amend or
supplement the information, assessment or assumptions contained in this e-
tender.
The issue of this e-tender does not imply that Brihanmumbai Municipal
Corporation (BMC) is bound to select and short-list pre-qualified Applications
for Bid Stage or to appoint the selected Bidder or Concessionaire, as the
case may be, for the Project and Brihanmumbai Municipal Corporation
(BMC) reserves the right to reject all or any of the Applications or Bids
without assigning any reasons whatsoever.
The Applicant shall bear all its costs associated with or relating to the
preparation and submission of its Application including but not limited to
preparation, copying, postage, delivery fees, expenses associated with any
demonstrations or presentations which may be required by Brihanmumbai
Municipal Corporation (BMC) or any other costs incurred in connection with
or relating to its Application. All such costs and expenses will remain with
the Applicant and Brihanmumbai Municipal Corporation (BMC) shall not be
liable in any manner whatsoever for the same or for any other costs or other
expenses incurred by an Applicant in preparation or submission of the
Application, regardless of the conduct or outcome of the Bidding Process.
17
SECTION 4
INTRODUCTION
18
INTRODUCTION
1. Background:
Brihanmumbai Municipal Corporation (BMC) covers an area of
437.71sq.kms.with a population of 1.24 Crores as per census of 2011. The
metropolis accounts major portion of India’s international trade and
government’s revenue, from being one of the foremost centres of education,
science and technological research and advancement.
The Mumbai Metropolis has historic tradition of strong civic activism
dedicated to the cause of a better life for all its citizens. And it’s the
Brihanmumbai Municipal Corporation (BMC), hereafter called the
“corporation”, the primary agency responsible for urban governance in Brihan
Mumbai.
BMC (The Authority) is one of the largest local self-governments in the
Asian Continent. In observance of historic traditions of strong civic activism,
with the change in time and living conditions to match with the
urbanization, BMC has mainly focused in providing almost all kinds of
engineering services viz, Hydraulics, storm water drain, sewerage, water
supply projects, roads, bridges, solid waste management, and environmental
services. Beside this, BMC is also providing dedicated services in various
segments such as Health, Primary Education as well as the construction and
maintenance of Public Markets and Slaughter Houses.
BMC is an organization having different departments, right from
engineering depts. to health depts. Moreover we have other dept. like
education, market, fire brigade dept. and other such departments where quite
a good number of staff members are working.
19
SECTION 5
E-TENDERING ONLINE
SUBMISSION PROCESS
20
E-TENDERING ONLINE SUBMISSION PROCESS
The terminology of e-Tendering is solely depending upon policies in

existence, guidelines and methodology adopted since decades. The SRM is
only change in process of accepting and evaluation of tenders in addition to
manual. The SAP module to be used in this E-tendering is known as
Supplier Relationship Module (SRM).SRM is designed and introduced by
ABM Knowledge ware Ltd. who will assist BMC in throughout the tendering
process for successful implementation.
NOTE: This tendering process is covered under Information Technology ACT
& Cyber Laws as applicable
(1) In e-tendering process some of the terms and its definitions are to be read
as under wherever it reflects in online tendering process.
Start Date read as “Sale Date”
End Date read as “Submission Date”
Supplier read as “Contractor/bidder”
Vendor read as “Contractor/bidder”
Vendor Quotation read as “Contractors Bid/Offer”
Purchaser read as “Department/BMC”
I. Before entering in to online tendering process, the contractors should

complete the registration process so as to get User ID for E-tendering links.
For this, the contractors can access through Supplier registration via BMC
Portal.
There are two methods for this registration :( II and III)
II. Transfer from R3 (registered contractors with BMC) to SRM

a. Contractors already registered with BMC will approach to Vendor Transfer
cell.
b. Submit his details such as (name, vendor code, address, registered Email
ID, pan card etc.) to Vendor transfer cell.
c. BMC authority for Vendor Transfer, transfers the Vendor to SRM
application from R3 system to SRM system.
d. Transferred Vendor receives User ID creation link on his supplied mail Id.
21
e. Vendor creates his User ID and Password for e-tendering applications by
accessing link sent to his mail ID.
III. Online Self Registration (Temporary registration for applicant not

registered with BMC)
a. Vendor fills up Self Registration form via accessing BMC portal.
b. Vendor Transfer cell (same as mentioned above) accesses Supplier
Registration system and accepts the Vendor request.
c. Accepted Vendor receives User ID creation email with Link on his
supplied mail Id.
d. Vendor creates his User ID and Password for e-tendering application.
IV. CONTRACTORS BIDDING: Applicant will Quote and Upload Tender

Documents
1. Access e-tender link of SRM Portal
2. Log in with User ID and Password
3. Selects desired Bid Invitation (he wants to bid)
4. To download tender documents contractors will have to pay online
Tender fee. The same can be done by accessing Pay Tender Fees option. By
this one will be able to pay Tender fee through Payment Gateway-If
transaction successful, Contractors can register his interest to participate.
Without Registration one cannot quote for the Bid/Tender.
5. Applicant will download Tender Documents from Information from
purchaser tab by accessing Purchaser document folder through
collaboration ‘C’ folder link.
6. Applicant will upload Packet A related and Packet B related Documents
in Packet A and Packet B folder respectively by accessing these folders
through “My Notes” Tab and collaboration folder link.
7. All the documents uploaded have to be digitally signed and saved.
Contractors can procure there digital signature from any certified CA’s in
India.
8. Bid security deposit/EMD and ASD, if applicable, should be paid online
as mentioned in tender.
22
9. For commercial details (in Packet C) contractors will fill data in Item
Data tab in Service Line Item figure.(If entered ‘0’ it will be treated as at par.
By default the value is zero only.
10. Applicants to check the bid, digitally signs & save and submit his Bid
Invitation.
11. Applicants can also save his uploaded documents/commercial
information without submitting the BID for future editing through ‘HOLD’
option.
12. Please note that “Hold” action do not submit the Bid.
13. Applicants will receive confirmation once the Bid is submitted.
14. Bid creator (BMC) starts Bid Opening for Packet A after reaching End
Date and Time and Bid Evaluation process starts.
As per Three Packet system, the document for Packet A & B is to be
uploaded by the tenderer in 'Vendor's document' online in Packet A & B.
Before purchasing/ downloading the tender copy, tenderer may refer to post-
Qualification criteria mentioned in e-Tender Notice.
The tenderer shall pay the EMD/Bid Security through payment
gateways before submission of Bid and shall upload the screenshot of receipt
of payment in Packet ‘A’ instead of paying the EMD at any of the CFC centres
in BMC Ward Offices.
The e-tender is available on BMC portal, http://portal.mcgm.gov.in,
as mentioned in the Header Data of the tender. The tenders duly filled in
should be uploaded and submitted online on or before the end date of
submission. The Packet ‘A’, Packet ‘B’ & Packet ‘C’ of the tenderer will be
opened as per the time-table shown in the Header Data in the office of Dy.Ch
Eng.(SWM) Planning
The Municipal Commissioner reserves the right to reject all or any
of the e-Tender(s) without assigning any reason at any stage. The dates and
time for submission and opening the tenders are as shown in the Header
Data. If there are any changes in the dates the same will be displayed on the
BMC Portal (http://portal.mcgm.gov.in ).
23
SECTION 6
INSTRUCTIONS TO
APPLICANTS
24
INSTRUCTIONS TO APPLICANTS
A. Scope of Application
The Authority wishes to receive Applications for Qualification in order
to SELECT experienced and capable Applicants for the Bid Stage.
B. Eligibility of Applicants
Brihanmumbai Municipal Corporation (BMC) invites e-tender on item
rate basis to appoint Contractor for the aforementioned work from
contractors of repute, multidisciplinary engineering organizations i.e.
Eminent firm, Proprietary/Partnership Firms/ Private Limited
Companies/ Public Limited Companies/Companies registered under the
Indian companies’ act 2013.
The contractors registered with the Brihanmumbai Municipal
Corporation, (BMC) with valid registration of Class ‘AA’ in Mechanical &
Electrical category as per registration rule 2015 and Class ‘B’ in
Mechanical & Electrical category as per new registration rule 2016 and
from the contractors/firms equivalent and superior classes registered in
Central or State Government/Semi Govt. Organization/Central or State
Public Sector Undertakings, will be allowed subject to condition that, The
contractor who are not registered with BMC will have to apply for
registering their firm within three month (03) months period from the
award of contract, otherwise their Bid security i.e. E.M.D.( earnest money
Deposit) will be forfeited/ recovered and an amount equal to Registration
Fee of respective class will be recovered as penalty.
A. 1.1 Technical Capacity

The tenderer(s) in their own name should have satisfactorily executed
the work of similar nature as described in para 1.3 in BMC /Semi Govt.
/Govt. & Public Sector Organizations during last seven (7) years ending last
day of month previous to the one in which bids are invited as a prime
Contractor.
25
Three similar Two similar completed One similar
completed works each works each of value completed works
of value not less than not less than amount each of value not
amount as mentioned as mentioned below less than amount as
below (Rs.) (Rs.) mentioned below
(Rs.)
GI 4,41,600/- OR GI 5,51,900/- OR GI 8,83,100/-
G II 4,41,100/- G II 5,51,400/- G II 8,82,200/-
G III 3,78,300/- G III 4,72,800/- G III 7,56,500/-
G IV 3,51,000/- G IV 4,38,800/- G IV 7,02,000/-
GV 3,43,100/- GV 4,28,800/- GV 6,86,100/-
G VI 3,42,200/- G VI 4,27,700/- G VI 6,84,300/-
G VII 3,21,200/- G VII 4,01,500/- G VII 6,42,400/-
G VIII 4,03,800/- G VIII 5,04,700/- G VIII 8,07,500/-
The value of executed works shall be brought to current costing level

by enhancing the actual value of work at compound rate of 10 % per
annum; calculated from the date of completion to last date of receipt of
applications for tenders.
1.2 Financial Capacity
The Bidder shall have achieved an average annual financial turnover
as certified by ‘Chartered Accountant’ not less than an amount as mentioned
in table below in 2019-20, 2020-21, 2021-22
Average annual
Sr. No. Group financial turnover
(in Rs.)
1 Group I Rs. 6,62,300/-
2 Group II Rs. 6,61,700/-
3 Group III Rs. 5,67,400/-
4 Group IV Rs. 5,26,500/-
5 Group V Rs. 5,14,600/-
26
6 Group VI Rs. 5,13,300/-
7 Group VII Rs. 4,81,800/-
8 Group VIII Rs. 6,05,600/-
The value of each year’s turnover shall be brought to current costing

level by enhancing the actual value at compound rate of 10 % per annum;
calculated from the date of completion to last date of receipt of applications
for tenders.
1.3 Similar Experience: For assessing the technical capacity of regular,

routine and maintenance work; Similar Work Shall mean, the bidder shall
have supplied vehicle on hire or carried out the work of Operation &
Maintenance of 16000 or more Kgs GVW vehicles for any Government/
Semi-Government Organizations/ Public Sector Undertakings.
Note: - The bidder shall disclose the litigation history in packet ‘B’ under the
head “Details of Litigation History” on their letter head.
If there is no Litigation History, the bidder shall specifically
mention that there is no Litigation History against him as per the clause
of Litigation History. In case there is litigation History –
Litigation History must cover – Any action of blacklisting, debarring,

banning, suspension, deregistration and cheating with BMC, State Govt.,
Central Govt. or any authority under State or Central Govt./ Govt.
Organization initiated against the company, firm, directors, partners or
authorized signatory shall be disclosed for last 5 years from the date of
submission of bid. Also, bidder must disclose the litigation history for
last 5 years from the date of submission of bid about any action like
show cause issued, blacklisting, debarring, banning, suspension,
deregistration and cheating with BMC & BMC is party in the litigation
against the company, firm, directors, partners or authorized signatory
for carrying out any work for BMC by any authority of BMC and the
27
orders passed by the competent authority or by any Court where BMC is
a party. While taking decision on litigation history, the concerned Chief
Engineer or D.M.C. or Director, as may be the case, should consider the
details submitted by bidder and take decision based on the gravity of the
litigation and the details submitted by the bidder and take decision
based on the gravity of the litigation and the adverse effect of the act of
company, firm, directors, partners or authorized signatory on the BMC
works which can spoil the quantity, output, delivery of any goods or any
work execution and within the timeframe.
B. Bid Capacity
The bid capacity of the prospective bidders will be calculated as under:
Assessed Available Bid Capacity = (A* N* 2 - B)
Where,
A = Maximum value of Engineering works executed in any one year
(year means Financial year) during the last five years (updated to the
price level of the Financial year in which bids are received at a rate of
10% per year, compounded annually) taking into account the completed
as well as works in progress.
N = Number of years prescribed for completion of the Project/Works,
excluding monsoon period, for which these bids are being invited. (E.g. 7
months = 7/12 year) For every intervening monsoon, 0.33 shall be added
to N.
B = Value of existing commitments (only allotted works) on the last
date of submission of bids as per bidding document and on-going works
to be completed during the period of completion of the Project/Works for
which these bids are being invited.
Note: The statement showing the value of existing commitments and on-going
works as well as the stipulated period of completion remaining for each of the
works listed should be attached along with certificates duly signed by the
Engineer-in Charge, not below the rank of an Executive Engineer or
equivalent.
Even though the bidders meet the above qualifying criteria, they
are subject to be disqualified if they have:
28
 Have made misleading or false representation in the forms, statements
and attachments submitted in proof of the qualification requirements;
and/or
 Have record for poor performance such as abandoning the works, not
properly completing the contract, inordinate delays in completion, or
financial failures etc.
C. Infrastructural Set Up
The bidder shall have their well established office within the MMR
Region. In case the bidder doesn’t have an office he shall give an undertaking
on Rs.500/- stamp paper that he shall set up an office within MMR within
period of 90 days from the date of issue of LOA.
D. Equipment Capabilities as required for this work:
A. Regular & Routine works: The bidder should, undertake their own
studies and furnish with their bid, a detailed planning and methodology
supported with assessment study of requirements of equipment/vehicles &
machineries to allow the employer to review their proposal. The successful
bidder will make the arrangements of the required equipment/vehicles on
the day of commencement or with respect to the progress of the work in
phases, as per the instructions of site in charge and as per specifications.
The successful bidder and, to that effect he will ensure commitment on an
undertaking on Rs.500/- stamp paper to be submitted along with the Bid
in Packet B.
B. New and Original Works: The bidder should, undertake their own
studies and furnish with their bid, a detailed construction planning and
methodology supported with assessment study of requirements of
equipment/plants & machineries to allow the employer to review their
proposal. The bidder will ensure his commitment to make the
arrangements of the required equipment on the day of commencement or
with respect to the progress of the work in phases, as per the instructions
of site in charge on an undertaking on Rs.500 stamp paper to be
submitted along with the Bid in Packet B. However, this condition in no
way shall dilute the respective condition in Registration Rules of MCGM.
C. Special Works: The concerned Ch. Eng. Shall enlist the equipments in the
29
tender document justified for the project and ensure the capacity of the bidder for
the same with the approval of concerned AMC.
Bidders shall submit the undertaking for equipment/vehicle/

machinery capability on Rs. 500 stamp paper separately. All other
necessary undertaking shall be submitted on Rs. 500 stamp paper
separately.
E. Technical Personnel
The contractor and/or its managerial staff should have

qualification/experience appropriate to the function they fulfill. The
minimum standard shall be increased by asking that at least one
number or more of the contractor or its managerial staff have acquired
qualifications or work experience to the needs of the contract. The
minimum standard may also state that the person or persons
responsible for managing the works must have a minimum of no’s of
years’ experience working on similar nature of projects.
For fixing requirement of Technical Staff as required for this work.
(A) General Guidelines for Fixing Requirement of Technical Staff (Not Applicable)
Requirement of Technical Minimum
Cost of work
Staff
Designation
Experience
(Rs in Crore)
(year)
Qualification Number
more than 100 i)Graduate 1 20 Project Manager in
Engineer(Major major discipline of
component) engineering
ii) Graduate 2+1 12 Deputy Project

Engineer Manager in major
discipline of
engineering
iii)Graduate 4 5 Project/Site
Engineer Engineer
or
30
Diploma Engineer 2 10
iv) Graduate 1+1 8 Quality Engineer

Engineer
v) Diploma 1 8 surveyor
Engineer
vi) Graduate 1+1 6 Project Planning/
Engineer Billing Engineer
Project Manager
more than 50 to 100 i)Graduate Engineer 1 20
ii) Graduate 1+1 12 Deputy Project

Engineer Manager
iii)Graduate 2+1 5 Project/Site

Engineer Engineer
or
or
10
Diploma Engineer
iv) Graduate 1 8 Quality Engineer
Engineer
v) Diploma 1 8 surveyor
Engineer
vi) Graduate 1+1 6 Project Planning/
more than 20 to 50 Project Manager
20
i)Graduate Engineer 1
31
ii) Graduate 1+1 5 Project/Site
Engineer Engineer
or
or
10
Diploma Engineer
iii)Graduate 1 8 Quality Engineer
Engineer
iv) Diploma 1 8 surveyor
Engineer
v) Graduate 1 6 Project Planning/
Notes- 1 “Cost of work”, in table above, shall mean the agreement amount of the work.
2. Rate of recovery in case of non-compliance of the clause be stipulated at following rates.
Scanned Attested copies of qualification certificates and details of work experience shall be
submitted /uploaded. Contractor shall submit the details of the proposed staff in Proforma
IV of this tender document.
Rate of recovery in case of non-compliance of the clause be stipulated at following

rates:-
Sr. No. Qualification Experience(years) Rate of Recovery
1 Project Manager with 20 Rs.60000/-p.m.
engineering
2 Deputy Project Manager 12 Rs.40000/-p.m.
3 Project/Site Engineer 5 to 10 respectively Rs.25000/-p.m.
(Degree/Diploma)
4 Quality Graduate 8 Rs.25000/-p.m.
Engineer
5 Surveyor 8 Rs.15000/-p.m.
6 Project Planning/ Billing 6 Rs.20000/-p.m.
Engineer
3. Nothing extra need to be added while preparing market rate justified amount of the
work if stipulation is made as per above recommended scale of technical staff.
32
4. Requirement of technical staff and their experience can be varied depending upon
cost and complexity of the work by competent authority i.e. Chief Engineer with
recorded reasons.
5.The failure in providing experienced technical and /professional ability personnel

and even ignoring the instruction of the Engineer-in-charge shall be linked to
penalization. Such disobeying attitude of the contractor shall also be reported to
Vigilance/Registration & Monitoring department.
B) General Guidelines for Fixing Requirement of Technical Staff (Not Applicable)

Cost of work Requirement of Technical Minimum
Staff Designation
(Rs in Crore) Experience (year)
Qualification Number
more than 10 to I) Project Manager 1 10 Principal Technical
20 with degree in Representative
corresponding
discipline of
Engineering
ii) Graduate 1 5 Technical

Engineer Representative
iii)Graduate 2 2 Project/Site
Engineer Engineer & Project
Planning /Billing
or Engineer
2 5
Diploma Engineer
5 to 10 i)Graduate 1 5 Principal Technical
ii) Graduate 2 2 Project/Site

Engineer Engineer Engineer
or
2 5
Diploma Engineer
More than 1.5 to i) Graduate 1 5 Principal Technical
5 Engineer Representative
ii) Graduate 1 2 Project/Site

Engineer Engineer
or
33
Diploma Engineer 1 5 Billing Engineer
Up to 1.5 i) Graduate 1 2 Principal Technical
or Project/Site
1 5 Engineer/ Billing
Diploma Engineer
Engineer
Notes- 1 “Cost of work”, in table above, shall mean the agreement amount of the work.
2. Rate of recovery in case of non-compliance of the clause be stipulated at following rates.
Rate of recovery in case of non-compliance of the clause be stipulated at following

rates:-
Sr. No. Qualification Experience(years) Rate of Recovery
1 Project Manager with 10 Rs.30000/-p.m.
engineering
2 Graduate Engineer 5 Rs.25000/-p.m.
3 Graduate Engineer 2 Rs.25000/-p.m.
5 Diploma Engineer 5 Rs.15000/-p.m.
3. Nothing extra need to be added while preparing market rate justified amount of the
work if stipulation is made as per above recommended scale of technical staff.
4. Requirement of technical staff and their experience can be varied depending upon
nature of work by competent authority i.e. Chief Engineer with recorded reasons
F. TIME PERIOD OF THE PROJECT:
The contract period is of 180 days. As mentioned in the

specifications. The time allowed for carrying out the work as entered in the
Tender shall be strictly observed by the Contractor and shall be reckoned
from the date on which the Letter of Acceptance is given to the Contractor.
The work shall throughout the stipulated period of the Contract be
proceeded with all due diligence as time being deemed to be the essence of
the contract on the part of the Contractor.
34
The programme for completion of work with Mobilization period, from the
date of issue of letter of acceptance to the start date of the contract period
shall be a part of the Contract Document in the form of Bar Chart / Gantt
chart. The Contractor is supposed to carry out the work and keep the
progress as per Bar Chart/GANTT Chart. The Contractor shall complete
the work as per the Schedule given in the Contract and the programme
submitted by the Contractor.
G. Contract Execution
All required documents for execution of the contract shall be
submitted within 30 days from the date of issue of letter of acceptance. If
the documents are not submitted within the stipulated time a penalty of Rs
5000/- per day will be applicable to the contractor. All contract documents
need to be duly affixed with stamp duty properly signed along with
evidence/proof of payment of security/contract deposit/ within 30 days from
the date of letter of acceptance received by him.
H. If the amount of the Contract Deposit to be paid above is not paid
within 30 days from the date of issue of Letter of Acceptance, the Tender /
Contractor already accepted shall be considered as cancelled and legal steps
will be taken against the contractor for recovery of the amounts.
I. The amount of Security Deposit retained by the BMC shall be released
after expiry of period up to which the contractor has agreed to maintain the
work in good order is over. In the event of the contractor failing or neglecting
to complete the rectification work within the period up to which the
contractor has agreed to maintain the work in good order, the amount of
security deposit retained by BMC shall be adjusted towards the excess cost
incurred by the Department on rectification work.
J. Action when whole of security deposit is forfeited:
In any case in which under any Clause of this contract, the contractor
shall have rendered himself liable to pay compensation amounting to the
whole of this security deposit whether paid in one sum or deducted by
instalments or in the case of abandonment of the work owning to serious
illness or death of the contractor or any other cause, the Engineer on
35
behalf of the Municipal Commissioner shall have power to adopt any of the
following process, as he may deem best suited to the interest of BMC-
a) To rescind the contract (for which recession notice in writing to the

contractor under the head of Executive Engineer shall be conclusive
evidence) and in that case, the security deposit of the contract shall
stand forfeited and be absolutely at the disposal of BMC.
b) To carry out the work or any part of the work departmentally debiting
the contractor with the cost of the work, expenditure incurred on tools
and plant, and charges on additional supervisory staff including the
cost of work- charged establishment employed for getting the un-
executed part of the work completed and crediting him with the value of
the work done departmentally in all respects in the same manner and
at the same rates as if it had been carried out by the contractor under
the terms of his contract. The certificate of the Executive Engineer as to
the costs and other allied expenses so incurred and as to the value of
the work so done departmentally shall be final and conclusive against
the contractor.
c) To order that the work of the contractor be measured up and to take
such part thereof as shall be un-executed out of his hands, and to give
it to another contractor to complete, in which case all expenses
incurred on advertisement for fixing a new contracting agency,
additional supervisory staff including the cost of work charged
establishment and the cost of the work executed by the new contract
agency will be debited to the contractor and the value of the work done
or executed through the contractor shall be credited to the contractor in
all respects and in the same manner and at the same rates as if it had
been carried out by the new contractor under the terms of his contract.
The certificate of the Executive Engineer as to all the cost of the work
and other expenses incurred as aforesaid for or in getting the un-
executed work done by the new contractor and as to the value of the
work so done shall be final and conclusive against the contractor.
36
In case the contract shall be rescinded under Clause (a) above, the
contractor shall not be entitled to recover or be paid any sum for any
work therefore actually performed by him under this contract unless
and until the Executive Engineer shall have certified in writing the
performance of such work and the amount payable to him in respect
thereof and he shall only be entitled to be paid the amount so certified.
In the event of either of the courses referred to in Clause (b) or (c) being
adopted and the cost of the work executed departmentally or through a
new contractor and other allied expenses exceeding the value of such
work credited to the contractors amount of excess shall be deducted
from any money due to the contractor, by BMC under the contract or
otherwise, howsoever, or from his security deposit or the sale proceeds
thereof provided, however, the contractor shall have no claim
against BMC even if the certified value of the work done departmentally
or through a new contractor exceeds the certified cost of such work and
allied expenses, provided always that whichever of the three courses
mentioned in clauses (a), (b) or (c) is adopted by the Executive Engineer,
the contractor shall have no claim to compensation for any loss
sustained by him by reason of his having purchase or procured any
materials or entered in to any engagements or made any advance on
account of or with a view to the execution of the work or the
performance of the contract.
K. Contract may be rescinded and security deposit forfeited for

bribing a public officer or if contractor becomes insolvent
 If the contractor assigns or sublets his contracts or attempt so to do,
or become insolvent or commence any proceeding to get himself
adjudicated and insolvent or make any composition with his
creditors, or attempt so to do or if bribe, gratuity, gift, loan,
perquisite, reward or advantage, pecuniary or otherwise, shall either
directly or indirectly be given promised or offered by the contractor
or any of his servants or agents through any public officer, or person
in the employ of BMC/Govt. in any way relating to his office or
employment, or if any such officer or person shall become in any
37
way directly or indirectly interested in the contract the Engineer In-
charge may thereupon, by notice in writing rescind the contract and
the Security Deposit of the Contractor shall thereupon stand
forfeited and be absolutely at the disposal of BMC and the same
consequences shall ensure as if the contract had been rescinded
under above clause J hereof; and in addition the contractor shall not
be entitled to recover or be paid for any work therefore actually
performed under the contract.
38
Submission of Tenders
PACKET – A
The Packet ‘A’ shall contain scanned copies of the following original
documents-
Scrutiny of this packet will be done strictly with reference to only the scanned
copies of Documents uploaded online in packet ‘A’
a) Valid Registration Certificate.
b) EMD receipt
c) Valid Bank Solvency Certificate for Group I to VIII is Rs. 3 lakhs not
more than one year old from due date of the tender.
d) A document in support of Registration under Maharashtra ‘Goods &
Service Act 2017. GST Registration Certificate in Maharashtra (or
equivalent requirement under GST). Those not registered in Maharashtra
shall submit an undertaking to the effect that if they are successful
tenderer, they shall submit GST Registration Certificate in Maharashtra
within 15 days of issue of work order, failing which payment for the work
executed will not be released.
e) Certified copies of valid 'PAN' documents and photographs of the
individuals, owners, Karta of Hindu undivided Family, firms, private
limited companies, registered co-operative societies, partners of
partnership firms and at least two Directors, if number of Directors are
more than two in case of Private Limited Companies, as the case may be.
However, in case of Public Limited companies, Semi Government
Undertakings, Government Undertakings, no 'PAN' documents will be
insisted.
f) Latest Partnership Deed in case of Partnership firm duly registered with
Chief Accountant (Treasury) of BMC.
The bidders shall categorically provide their Email-ID in packet ‘A’.
NOTE:
 If the tenderer(s) withdraw tender offer during the tender validity period,
his entire E.M.D shall be forfeited.
 If it is found that the tenderer has not submitted required documents in
Packet “A” then, the shortfalls will be communicated to the tenderer
through e-mail only and compliance required to be made within a time
39
period of three working days otherwise they will be treated as non-
responsive.
PACKET – B
The Packet ‘B’ shall contain scanned copies of the following original
documents-
a) The list of similar type of works as stated in para ‘A’ section 1.3 on pg.-12
of Post qualification successfully completed during the last Seven years in
prescribed proforma, in the role of prime contractor. Information furnished
in the prescribed proforma (Proforma – I) shall be supported by the
certificate duly self-attested. Documents stating that it has successfully
completed during the last Seven years at least one contract of similar
works as stated in para ‘A’ section 1.3 on pg.-12 of Post qualification.
b) Annual financial turnover for preceding three financial years as
certified by Chartered Accountant preceding the Financial Year in which
bids are invited. Copies of Applicants duly audited balance sheet and
profit and loss account for the preceding three financial years
preceding the Financial Year in which bids are invited. (Proforma – II)
c) Documents stating that, it has access to or has available liquid assets,
unencumbered assets, lines of credit and other financial means
(independent of any contractual advance payment) sufficient to meet the
cash flow requirements for the subject contract in the event of stoppage,
start-up, or other delay in payment, of the minimum 15% of the yearly cost
of the work tendered for, net of the tenderer's commitment of other
contracts (Certificate from Bankers / C.A./Financial Institution shall be
accepted as a evidence).
d) The bidder shall give undertaking on Rs 500/-stamp paper that it is

his/their sole responsibility to arrange the required machineries/
resources before start of the work.
i. Annexure A, E, F
ii. The pre-contract integrity pact & declaration cum indemnity bond on
Rs.500/- stamp paper (as per the proforma annexed in ‘Annexure B &
C’ )
40
iii. Statement showing assessed available Bid Capacity.
iv. Proforma I to Proforma VI
v. Annexure G with disclosing details of owned vehicle list as JCB,
Dumper, Tempo and command letter for hire vehicles.
-The command letter shall be given on Rs.100/- Stamp Paper. The
original command letter on stamp papers of Rs. 100/- shall be
accompanied with tender, for each owner of vehicle, on separate stamp
paper, along with attested copy of R.C. Books
vi. Special Annexure –II
vii. Form of tender.
viii. Bid Document.
ix. Litigation history on letter head. (as per Annexure H)
Note:- Bidders shall submit the undertaking for equipment/vehicle/

machinery capability on Rs. 500 stamp paper separately. All other
necessary undertaking shall be submitted on Rs. 500 stamp paper
separately.
x. The tenderers shall upload work plan as per the following outline:
1. GANTT chart/ BAR chart showing the completion of work within
Mobilization period, considering major activities.
2. Organizational set up envisage by the contractors.
3. Equipment/Vehicle proposed to be deployed for this work.
4. Office proposed to be set up in MMR region (if not at Present).
5. A note on how the whole work will be carried out (work plan
including methodology).
6. Quality management plan.
7. All the activities included in the Scope of Work shall be covered in the
work plan.
Note:
i. The successful bidder shall submit valid registration certificate under
E.S.I.C., Act 1948, if the tenderer has more than 10 employees
/persons on his establishment (in case of production by use of energy)
and 20 employees/persons on his establishment (in case of production
41
without use of energy) to BMC as and when demanded. In case of less
employees/persons mentioned above then the successful bidder has to
submit an undertaking to that effect on Rs. 500 stamp paper as per
circular u/no. CA/FRD/I/65 of 30.03.2013.
ii. The successful bidder shall submit valid registration certificate under
E.P.F. & M.P., Act 1952, if tenderer has more than 20
employees/persons on his establishment, to BMC as and when
demanded. In case if the successful bidder has less employees/persons
mentioned above then the successful bidder has to submit an
undertaking to that effect on Rs. 500 stamp paper as per circular u/no.
CA/FRD/I/44 of 04.01.2013.
Note:
 If it is found that the tenderer has not submitted required documents in
Packet “B” then, the shortfalls will be communicated to the tenderer
through e-mail only and compliance required to be made within a time
period of three working days otherwise they will be treated as non-
responsive.
PACKET – C
For Packet ‘C’ tenderer(s) will fill data in ‘Item Data Tab’ in Service Line Item
via Details and quotes his item wise rates.
Note:
1. The rate analysis of major items shall be submitted by L1 and L2

bidder after demand notification by e-mail to bidders by concerned
Dy.Ch.Eng. The format for rate analysis is annexed at Annexure D.
2. The bidders can bid for as much as number of groups for above
subject work. If any bidder is lowest responsive in more than three
groups, then only 3 groups will be allotted to the lowest responsive
bidder and for the remaining groups, the 2nd lowest responsive
bidder will be recommended as successful bidder after negotiating
the quoted rate by them. The final decision in this regard will be
taken by BMC & the same will be binding to all the bidders.
42
BID SECURITY OR EMD
 The Bidder shall furnish, as part of the Bid, Bid Security/EMD, in the
amount specified in the Bid Data Sheet. This bid security shall be in favor
of the authority mentioned in the Bid Data Sheet and shall be valid till the
validity of the bid.
 The tenderers shall pay the EMD online instead paying the EMD at any of
the CFC centers in BMC Ward Offices.
 Any bid not accompanied by an acceptable Bid Security and not secured
as indicated in sub-clause mentioned above, shall be rejected by the
Employer as non-responsive.
The Bid Security of the successful Bidder will be discharged when the Bidder
has signed the Agreement and furnished the required Security Deposits.
 The Bid Security/ EMD and ASD of L-2 and other higher bidders (L-3, L-4,
etc.) shall be refunded immediately after opening of financial bid.
 In case, the successful bidder becomes non-responsive or successful
bidder withdraws the bid or is unwilling to extend to the bid validity
period, in such circumstances, if L-2 bidder is agreeable to extend the bid
validity period and ready to deposit the requisite amount of bid
security/EMD and ASD to the department within the stipulated time
period i.e. 15 days, the department will process further as per normal
procedure.
 The Bid Security may be forfeited:
a) if the Bidder withdraws the Bid after bid opening (opening of technical
qualification part of the bid during the period of Bid validity;
b) In the case of a successful Bidder, if the Bidder fails within the specified
time limit to:
i. sign the Agreement; and/or
ii. Furnish the required Security Deposits.
1. The cases wherein if the shortfalls are not complied by a contractor, will be
informed to Registration and Monitoring Cell. Such non-submission of
documents will be considered as ‘Intentional Avoidance’ and if three or more
43
cases in 12 months are re-ported, shall be viewed seriously and disciplinary
action against the defaulters such as banning/de-registration, etc. shall be
taken by the registration cell with due approval of the concerned AMC.
2. No rejections and forfeiture shall be done in case of curable defects. For non-
curable defects the 10% of EMD shall be forfeited and bid will be liable for
rejection.
44
Note:
A. Curable Defect shall mean shortfalls in submission such as:
a. Non-submission of following documents,
i. Valid Registration Certificate
ii. Valid Bank Solvency
iii. Goods & Service Tax Registration Certificate (GST)
iv. Certified Copies of PAN documents and photographs of individuals,
owners, etc
v. Partnership Deed and any other documents
vi. Undertakings as mentioned in the tender document.
b. No proper submission of experience certificates and other documents,
etc.
B. Non-curable Defect shall mean:-

a. In-adequate submission of EMD amount,
b. In-adequacy of technical and financial capacity with respect to
Eligibility criteria as stipulated in the tender.
BID VALIDITY
 Bids shall remain valid for a period of not less than one eighty (180)
days after the deadline date for bid submission specified in Bid Data
Sheet. A bid valid for a shorter period shall be rejected by the
Employer as non-responsive.
 In exceptional circumstances, prior to expiry of the original time limit, the
Employer may request that the bidders may extend the period of validity
for a specified additional period. The request and the bidders’ responses
shall be made in writing or by cable. A bidder may refuse the request
without forfeiting 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 his bid security for a period of the extension.
45
SECURITY DEPOSIT
A. Security Deposit
The security deposit shall mean and comprise of Contract Deposit
Contract Deposit - The successful tenderer, here after referred to as the

contractor shall pay an amount in the form of Cash or Government Securities
or Fixed Deposit Receipts or Bank Guarantee or Demand Draft / Bank Pay
Order from a Nationalized / Scheduled Commercial Bank approved by BMC,
drawn in favour of “Brihanmumbai Municipal Corporation”, payable at
Mumbai, equal to five (5) percent of the contract sum within thirty days from
the date of issue of letter of acceptance.
Additional Security Deposit (ASD):
In addition to contract deposit the successful contractor has to pay

additional security deposit within 30 days from date of issue of LOA. This
additional security deposit will be applicable when the bid price will be below
12% of the estimated cost. The Additional Security Deposit will be calculated
as below:-
Additional Security deposit
= X/100 x office estimated cost
Where X= percentage of rebate quoted above 12%.
This additional security deposit shall be paid in the form of Government

Securities or Fixed Deposit Receipts or Bank Guarantee or Demand Draft/
Bank Pay Order from a Nationalized/ Scheduled Commercial Bank approved
by BMC.
Refund of Contract Deposit
The Contract Deposit shall be released within 30 days after completion of

contract period/Defect liability period (DLP) subject to no recoveries are
pending against the said work, provided that the Engineer is satisfied that
there is no demand outstanding against the Contractor.
46
Refund of additional Security Deposit (ASD):
This Additional Security Deposit shall be released within 30 days after

completion of contract period subject to no recoveries are pending against
the said work, provided that the Engineer is satisfied that there is no
demand outstanding against the Contractor.
*Note:
a. It shall be clearly mentioned that the BG shall be applicable for individual

work/contract and clubbing of various contracts of the said contractor will
not be allowed. In case of obtaining Bank Guarantee, it is necessary to
mention that the same shall be valid till certification of final bill subject to
no recoveries is pending against the said work.
b. It shall be the responsibility of the bidder to keep the submitted B.G.

“VALID” for the stipulated time period in the tender. Normally the BG is
validated by the Bank for one year hence the successful bidder shall get it
re validated before it expiry. If the same is not re validated before expiry,
the BG will be encashed.
c. Bank Guarantee should be issued by way of General Undertaking and
Guarantee issued on behalf of the Contractor by any of the Nationalized or
Scheduled banks or branches of foreign banks operating under Reserve
Bank of India regulations located in Mumbai up to Virar & Kalyan. List of
approved Banks is appended at the end of Instructions to Bidders (ITB).
The Bank Guarantee issued by branches of approved Banks beyond
Kalyan and Virar can be accepted only if the said Bank Guarantee is
countersigned by the Manager of a Regional Branch of the same bank
within the Mumbai City Limit categorically endorsing thereon that the said
Bank Guarantee is binding on the endorsing Branch of the Bank or the
Bank itself within Mumbai Limits and is liable to be enforced against the
said Branch of the Bank or the bank itself in case of default by the
Contractors furnishing the Bank Guarantee. The Bank Guarantee shall be
renewed as and when required and/or directed from time to time until the
47
Contractor has executed and completed the works and remedied any
defects therein.
B. Legal + Stationary Charges: (As per applicable circular)
Successful tenderer shall pay the Legal Charges +Stationary charges as
below or as per latest applicable Circular at the time of award of contract and
applicable 18 % GST (currently the amounts mentioned here are as per
circular u/no. CA/FRG/03 dtd 24.03.2022 & circular CA/ FRT/17
dtd.07.12.2022).
Contract Value Legal +

Stationary
Charges
from Rs. 10,001 To Rs. 50,000/- Nil
From Rs. 50,001/- To Rs. 100000/- Rs. 6290/-
From Rs. 100001/- To Rs. 3000000/- Rs. 10,380/-
From Rs. 300001/- To Rs. 500000/- Rs. 12,470/-
From Rs. 500001/- To Rs. 1000000/- Rs. 14,510/-
from Rs. 10,00,001/- To Rs. 20,00,000/- Rs. 16,570/-
From Rs. 20,00,001/- To Rs. 40,00,000/- Rs. 18,660/-
From Rs. 40,00,001/- To Rs. 1,00,00,000/- Rs. 20,720/-
From Rs. 1,00,00,001/- To Rs. 10,00,00,000/- Rs. 24,450/-
from Rs. 10,00,00,001/- To Rs. 20,00,00,000/- Rs. 28,220/-
From Rs. 20,00,00,001/- To Rs. 30,00,00,000/- Rs. 31,980/-
From Rs. 30,00,00,001/- To Rs. 40,00,00,000/- Rs. 35,740/-
From Rs. 40,00,00,001/- To Rs. 50,00,00,000/- Rs. 39,470/-
from Rs. 50,00,00,001/- To Rs. 1,00,00,00,000/- Rs. 47,000/-
From Rs. 1,00,00,00,001/- To Rs. 2,00,00,00,000/- Rs. 58,270/-
From Rs. 2,00,00,00,001/- To Rs. 3,00,00,00,000/- Rs. 65,770/-
From Rs. 3,00,00,00,001/- To Rs. 4,00,00,00,000/- Rs. 75,120/-
From Rs. 4,00,00,00,001/- To Rs. 5,00,00,00,000/- Rs. 84,510/-
From Rs. 5,00,00,00,001/- To Rs. Any limit Rs. 93,920/-
48
C. Stamp Duty: (As per applicable circular)
It shall be incumbent on the successful tenderer to pay stamp duty on the
contract.
i. As per the provision made in Article 63, Schedule I of Bombay Stamp Act
1958, stamp duty is payable for “works contract” that is to say, a contract
for works and labour or services involving transfer of property in goods
(whether as goods or in some other form) in its execution and includes a
sub-contract, as under :
Where the amount or value set forth

Five Hundred rupees stamp
A in such contract does not exceed
duty
rupees ten lakh.
Five hundred rupees plus
0.1% of amount above rupees
B Where it exceeds rupees ten lakhs ten lakhs subject to the
maximum of Rs. twenty five
Lakhs stamp duty.
0.5% on amount of BG paid
C Stamp duty on BG
by successful contractor.
ii. The successful bidder shall enter into a contract agreement with B.M.C
within 60 days from the date of issue of Work Order and the same should
be adjudicated for payment of Stamp Duty by the successful bidder.
iii. Further shortfall if any, in amount of stamp duty paid as against

prescribed amount for the documents executed in Mumbai City & Mumbai
Suburban District be recovered from the concerned work contractors and
to deposit the deficit or unpaid Stamp Duty and penalty by two separate
Demand Draft or Pay Order in favour of “Superintendent of Stamp,
Mumbai” within 15 days from intimation thereof.
iv. All legal charges and incidental expenses in this respect shall be borne and
paid by the successful tenderer.
v. All above mentioned values are as applicable while inviting the tender.
However the contractor has to pay the stamp duty charges as per the
latest applicable circular at the time of award of contract.
IMPORTANT DIRECTIONS
1. All the information uploaded shall be supported by the corroborative
documents in absence of which the information uploaded will be
49
considered as baseless and not accepted for qualification criteria. All the
documents shall be uploaded with proper pagination. The page No. shall
be properly mentioned in the relevant places.
The information shall be uploaded in the sequence as asked for with
proper indexing etc. The Bidder shall be fully responsible for the
correctness of the information uploaded by him.
2. Applicants/Bidders shall refer portal mcgm.gov.in\tenders for “The
Manual of Bid- Submission for Percentage Rate/Item Rate Tender
Document.” The detail guidelines for creation and submission of bid are
available in the referred document.
Any queries or request for additional information concerning this
TENDER shall be submitted by e-mail to
[email protected]/[email protected]. The
subject shall clearly bear the following identification/title:
"Queries/Request for Additional Information: TENDER for “Subject of
the tender” Any changes in mail ID will be intimated on the portal.
3. In case of Equal Rate of lowest bidders (L1), the allotment of work shall
be done by giving 48 hrs (2 working days) from the day of opening of
packet C on same BID-Document number for re-quoting and such
development needs to done by IT department in BMC’s SRM system. Till
such development is made; ‘Sealed Bids’ shall be called from the
bidders quoting the same rates i.e. L1.
In case of equal rate of lowest bidders is obtained even after re-
quoting, then the successful bidder will be decided by lottery system by
Ch.Eng.(SWM).
50
SECTION 7
SCOPE OF WORK
51
The scope of work is explained in detail in Section – 10 under the topic
“Specifications”.
52
SECTION 8
Bill of Quantities
53
BILL OF QUANTITIES & RATES
Subject:- Hire the services of Dumpers under Disaster Management for City,
Western Suburb & Eastern Suburb Division for a period of 180
days.
Total Number
of 12 Hrs. Rate per Total
Description Groups Shift Cost
Shifts for 180
days (In Rs.) (In Rs.)
Hire the services of

Dumpers under
Disaster Management Group I 1080 No. of
for Group I for a ( A,B & E ) shifts
period of 180 days.

Dumpers under Group II
1080 No. of
Disaster Management (C,D &
shifts
for Group II for a G/S)
period of 180 days.

Dumpers under Group III
1080 No. of
Disaster Management (F/S, F/N &
shifts
for Group III for a G/N)
period of 180 days.

Dumpers under Group IV
1080 No. of
Disaster Management (H/E,H/W
shifts
for Group IV for a & K/E)
period of 180 days.

Dumpers under Group V
1080 No. of
Disaster Management
shifts
for Group V for a (K/W,P/S &
period of 180 days. P/N)
54
Dumpers under Group VI
1080 No. of
Disaster Management (L, M/E &
shifts
for Group VI for a M/W)
period of 180 days.

Dumpers under
Group VII 1080 No. of
Disaster Management
(N, S& T) shifts
for Group VII for a
period of 180 days.

Dumpers under Group VIII
1080 No. of
Disaster Management (R/S,R/C &
shifts
for Group VIII for a R/N)
period of 180 days.
Note:-
1) This BOQ is for representation purpose only. Bidder has quote the
rates in online system only.
2) The rate analysis shall be submitted by L1 & L2 bidder only after
demand notification by email to the bidders by concerned Dy. Ch.
Eng. The format for rate analysis is annexed at Annexure ‘D’.
55
SECTION 9
General Conditions of
Contract
56
General Conditions of Contract
A. General
1. Definitions
1.1 Terms which are defined in the Contract Data are not also defined in the
Conditions of Contract but keep their defined meanings. Capital initials are
used to identify defined terms.
The “Contract” shall mean the tender and acceptance thereof and the formal
agreement if any, executed between the Contractor, Commissioner and the
Corporation together with the documents referred to therein including these
conditions and appendices and any special conditions, the specifications,
designs, drawings, price schedules, bills of quantities and schedule of rates.
All these documents taken together shall be deemed to form one Contract and
shall be complementary to one another.
The Contract Data defines the documents and other information which
comprise the Contract.
The Bidder is a person or corporate body who has desired to submit Bid to
carry out the Works, till the tender process is concluded.
The “Contractor” shall mean the individual or firm or company, or JV firms
whether incorporated or not, whose tender has been accepted by the employer
and the legal successor of the individual or firm or company.
The Contractor's Bid is the completed bidding document submitted by the
bidder to the Employer.
The “Contract Sum” means the sum named in the letter of acceptance
including Physical contingencies subject to such addition thereto or
deduction there-from as may be made under the provisions hereinafter
contained.
Note: The contract sum shall include the following –
 For item rate contracts, the cost of the work arrived at after finalisation of
the quantities shown in schedule of items / quantities by the item rates
quoted by the tenderer for various items and summation of the extended
cost of each item.
• In case of lump sum contract, the sum for which tender is accepted.
57
 Special discount / rebate / trade discount offered by the tenderer if any
and accepted by the Corporation. Additions or deletions that are accepted
after opening of the tenders.
The “Contract Cost” means the Contract Sum. This cost shall be included in
the letter of acceptance.
A Defect is any part of the Works not completed in accordance with the
Contract.
Drawings means all the drawings, calculations and technical information of a
like nature provided by the Engineer to the Contractor under the Contract
and all drawings, calculations, samples, patterns, models, operation &
maintenance manual and other technical information of like nature
submitted by the Contractor and approved by the Engineer.
The Authority shall mean Brihanmumbai Municipal Corporation (BMC)
The “Employer” shall mean the Brihanmumbai Municipal Corporation
(BMC)/ Municipal Commissioner for Brihanmumbai, for the time being
holding the said office and also his successors and shall also include all
“Additional Municipal Commissioners, Director (Engineering Services &
Projects)” and the Deputy Municipal Commissioner, to whom the powers of
Municipal Commissioner, have been deputed under Section 56 and 56B of
the Mumbai Municipal Corporation Act.
The Engineer in-charge shall mean the Executive Engineer in executive
charge of the works and shall include the superior officers of the Engineering
department i.e. Dy.Ch.Eng/Ch.Eng. and shall mean and include all the
successors in BMC
The Engineer's Representative shall mean the Assistant Engineer, Sub.
Engineer/Jr. Engineer in direct charge of the works and shall include Sub
Eng./ Jr. Eng of Civil section/ Mechanical section/ Electrical section
appointed by BMC.
The “Engineer” shall mean the City Engineer / the Hydraulic Engineer / the
Chief Engineer / the Special Engineer, appointed for the time being or any
other officer or officers of the Municipal Corporation who may be authorized
by the commissioner to carry out the functions of the City Engineer / the
Hydraulic Engineer / the Chief Engineer / the Special Engineer or any other
58
competent person appointed by the employer and notified in writing to the
Contractor to act in replacement of the Engineer from time to time.
Contractor’s equipment means all appliances and things whatsoever nature
required for the execution and completions of the Works and the remedying of
any defects therein, but does not include plant material or other things
intended to form or forming part of the Permanent Works.
The Initial Contract Price is the Contract Price listed in the Employer's
Letter of Acceptance.
The Intended Completion Date is the date on which it is intended that the
Contractor shall complete the works. The Intended Completion Date is
specified in the Contract Data. The Intended Completion Date may be revised
only by the Engineer by issuing an extension of time.
Materials are all supplies, including consumables, used by the Contractor for
incorporation in the Works and works of routine maintenance.
Plant is any integral part of the Works that shall have a mechanical,
electrical, electronic, chemical, or biological function.
Routine Maintenance is the maintenance of activities of the competed
structure for seven years as specified in the Contract Data.
The “Site” shall mean the land and other places including water bodies more
specifically mentioned in the special conditions of the tender, on, under in or
through which the permanent works or temporary works are to be executed
and any other lands and places provided by the Municipal Corporation for
working space or any other purpose as may be specifically designated in the
contract as forming part of the site.
Site Investigation Reports are those that were included in the bidding
documents and are reports about the surface and subsurface conditions at
the Site.
“Specification” shall mean the specification referred to in the tender and any
modification thereof or addition or deduction thereto as may from time to time
be furnished or approved in writing by the Engineer.
The Start Date/Commencement Date It is the date when the Contractor
shall commence execution of the Works.
Variation means a change to the:-
59
i) Specification and /or Drawings (if any) which is instructed by the Employer.
ii) Scope in the Contract which is instructed by the Employer.
iii) Price in the Contract which is instructed by the Employer.
The Works, as defined in the Contract Data, are what the Contract requires
the Contractor to carry out the work as per specifications.
Jurisdiction: In case of any claim, dispute or difference arising in respect of a
contract, the cause of action thereof shall be deemed to have arisen in
Mumbai and all legal proceedings in respect of any claim, dispute or
difference shall be instituted in a competent court in the City of Mumbai only.
2. Interpretation
2.1 In interpreting these Conditions of Contract, singular also means plural,
male also means female or neuter, and the other way around. Headings have
no significance. Words have their normal meaning under the language of the
Contract unless specifically defined. The Engineer will provide instructions
clarifying queries about these Conditions of Contract.
2.2 If sectional completion is specified in the Contract Data, references in the
Conditions of Contract to the Works, the Completion Date, and the Intended
Completion Date apply to any Section of the Works (other than references to
the Completion Date and Intended Completion Date for the whole of the
Works).
2.3 The documents forming the Contract shall be interpreted in the following
documents: (1) Agreement, (2) Letter of Acceptance, (3) Notice to Proceed with
the Work, (4) Contractor's Bid, (5) Contract Data, (6) Special Conditions of
Contract Part (7) General Conditions of Contract Part I, (8) Specifications, (9)
Drawings, (10) Bill of Quantities, and (11) Any other document listed in the
Contract Data.
3 . Engineer's Decisions
3.1 Except where otherwise specifically stated, the Engineer will decide
contractual matters between the Employer and the Contractor in the role
representing the Employer. However, if the Engineer is required under the
rules and regulations and orders of the Employer to obtain prior approval of
60
some other authorities for specific actions, he will so obtain the approval,
before communicating his decision to the Contractor.
3.2 Except as expressly stated in the Contract, the Engineer shall not have
any authority to relieve the Contractor of any of his obligations under the
contract.
4. Delegation
4.1 The Engineer, with the approval of the Employer, may delegate any of his
duties and responsibilities to other person(s), except to the Adjudicator, after
notifying the Contractor, and may cancel any delegation after notifying the
Contractor.
5. Communications
All certificates, notices or instructions to be given to the Contractor by
Employer/ Engineer shall be sent on the address or contact details given by
the Contractor of Bid. The address and contact details for communication
with the Employer/ Engineer shall be as per the details given in Contract
Data. Communications between parties that are referred to in the conditions
shall be in writing. The Notice sent by facsimile (fax) or other electronic means
shall be effective on confirmation of the transmission. The Notice sent by
Registered post or Speed post shall be effective on delivery or at the expiry of
the normal delivery period as undertaken by the postal service.
6. Subcontracting
Subletting shall not be allowed. If subletting is observed during the course of
the contract, it shall result in the termination of contract at risk & cost of the
successful bidder.
7. Other Contractors
7.1 The Contractor shall cooperate and share the Site with other Contractors,
public authorities, utilities, and the Employer between the dates given in the
Schedule of Other Contractors, as referred to in the Contract Data. The
Contractor shall also provide facilities and services for them as described in
the Schedule. The Employer may modify the Schedule of Other Contractors,
and shall notify the Contractor of any such modification.
61
7.2 The Contractor should take up the works in convenient reaches as
decided by the Engineer to ensure there is least hindrance to the smooth flow
and safety of traffic including movement of vehicles and equipment of other
Contractors till the completion of the Works.
8. Personnel
8.1 The Contractor shall employ for the work and routine maintenance the
key personnel including technical personnel named in the Contract Data or
other personnel approved by the Engineer. The Engineer will approve any
proposed replacement of technical personnel only if their relevant
qualifications and abilities are substantially equal to those of the personnel
stated in the Contract Data.
8.2 The Contractor’s personnel shall appropriately be qualified, skilled and
experienced in their respective trades or occupations. The Engineer shall have
authority to remove, or cause to be removed, any person employed on the site
or works, who carries out duties incompetently or negligently and persists in
any conduct which is prejudicial to safety, health or the protection of the
environment.
8.3 If the Engineer asks the Contractor to remove a person who is a member
of the Contractor's staff or work force, stating the reasons, the Contractor
shall ensure that the person leaves the Site within seven days and has no
further connection with the Works in the Contract.
8.4 The Contractor shall not employ any retired Gazetted officer who has
worked in the Engineering Department of the BMC /State Government and
has either not completed two years after the date of retirement or has not
obtained BMC/State Government’s permission to employment with the
Contractor.
9. Employer's and Contractor's Risks
The Employer carries the risks which this Contract states are Employer's
risks, and the Contractor carries the risks which this Contract states are
Contractor's risks.
10. Employer's Risks
10.1 The Employer is responsible for the excepted risks which are (a) in so
far as they directly affect the execution of the Works in the Employer’s
62
country, the risks of war, invasion, act of foreign enemies, rebellion,
revolution, insurrection or military or usurped power, civil war, riot,
commotion or disorder (unless restricted to the Contractor’s employees) and
contamination from any nuclear fuel or nuclear waste or radioactive toxic
explosive, or (b) a cause due solely to the design of the Works, other than the
Contractor’s design.
11. Contractor's Risks
11.1 All risks of loss of or damage to physical property and of personal injury
and death which arise during and in consequence of the performance of the
Contract other than the excepted risks, referred to in clause 11.1, are the
responsibility of the Contractor.
12. Insurance
The contractor has to provide all relevant insurances for the machinery &
staff as per the governing laws. All expenses towards this shall be borne only
by the contractor. BMC shall be indemnified & absolved arising out of any
issues & claims etc. out of this.
12.1 Contractor shall take necessary insurance policy, policies so as to
provide adequate insurance cover for execution of the awarded contract work
from the Director of Insurance Maharashtra State Mumbai only. It’s postal
address for correspondences 264 MAHADA, Opp. Kalanagar Bandra (E)
Mumbai-400051 (Tel No. 6438403) (Fax No. 6438690) Insurance policy /
policies taken out from any other company will not be accepted. The
Contractor should produce the documents of insurance done before payment
of 1st. bill. If the contractor fails to produce the documents of insurance. One
percent of the contract amount will be recovered from the contractors 1st bill
and remitted towards insurance premium.
13. Site Investigation Reports
The Contractor, in preparing the Bid, may rely, at his own risk, on any Site
Investigation Reports referred to in the Contract Data, supplemented by any
other information available to him, before submitting the bid.
14. Queries about the Contract Data
The Engineer will clarify queries on the Contract Data.
63
15. Contractor to carry out the Works and Undertake Maintenance (if
specified in the tender)
15.1 The Contractor shall carry out the Works in accordance with the
Specifications and Drawings and as per instructions of the Engineer.
15.2 The Contractor shall carry out the works with maximum input of
machinery required to ensure the quality of works as per specifications. The
Contractor shall deploy the equipment and machinery as required in the
contract.
15.3 The Contractor shall take all reasonable steps to protect the environment
on and off the Site and to avoid damage or nuisance to persons or to property
of the public or others resulting from pollution, noise or other causes arising
as a consequence of his methods of operation.
During continuance of the contract, the Contractor shall abide at all times by
all existing enactments on environmental protection and rules made there
under, regulations, notifications and byelaws of the State or Central
Government, or local authorities and any other law, bye-law, regulations that
may be passed or notification that may be issued in future by the State or
Central Government or the local authority. Salient features of some of the
major laws that are applicable are given below:
• The Water (Prevention and Control of Pollution) Act, 1974, this
provides for the prevention and control of water pollution and the
maintaining and restoring of wholesomeness of water. ‘Pollution’ means
such contamination of water or such alteration of the physical,
chemical or biological properties of water or such discharge of any
sewage or trade effluent or of any other liquid, gaseous or solid
substance into water (whether directly or indirectly) as may, or is likely
to, create a nuisance or render such water harmful or injurious to
public health or safety, or to domestic, commercial, industrial,
agricultural or other legitimate uses, or to the life and health of animals
or plants or of aquatic organisms.
• The Air (Prevention and Control of Pollution) Act, 1981, this provides
for prevention, control and abatement of air pollution. ‘Air Pollution’
means the presence in the atmosphere of any ‘air pollutant’, which
64
means any solid, liquid or gaseous substance (including noise) present
in the atmosphere in such concentration as may be or tend to be
injurious to human beings or other living creatures or plants or
property or environment.
• The Environment (Protection) Act, 1986, this provides for the
protection and improvement of environment and for matters connected
therewith, and the prevention of hazards to human beings, other living
creatures, plants and property. ‘Environment’ includes water, air and
land and the inter-relationship which exists among and between water,
air and land, and human beings, other living creatures, plants, micro-
organism and property.
• The Public Liability Insurance Act, 1991, This provides for public
liability insurance for the purpose of providing immediate relief to the
persons affected by accident occurring while handling hazardous
substances and for matters connected herewith or incidental thereto.
Hazardous substance means any substance or preparation which is
defined as hazardous substance under the Environment (Protection)
Act 1986, and exceeding such quantity as may be specified by
notification by the Central Government.
 The Solid Waste Management Rules–2016 This provides for
management & handling of solid Waste
 The Constructions & Demolition Waste Rules, 2016.
16. The Works to be completed by the Intended Completion Date
16.1 The Contractor may commence execution of the Works on the Start Date
and shall carry out the Works, if specified in the tender, in accordance with
the Programme submitted by the Contractor, as updated with the approval of
the Engineer, and complete them by the Intended Completion Date.
17. Approval by the Engineer

The Contractor shall submit Specifications and Drawings showing the
proposed Temporary Works to the Engineer, who is to approve them if they
comply with the Specifications and Drawings.
65
The Contractor shall be responsible for design and safety of Temporary
Works.The Engineer's approval shall not alter the Contractor's responsibility
for design and safety of the Temporary Works.
The Contractor shall obtain approval of third parties to the design of
the Temporary Works, where required.
All Drawings prepared by the Contractor for the execution of the temporary or
permanent Works, are subject to prior approval by the Engineer before their
use.
18. Safety
18.1 The Contractor shall be responsible for the safety of all activities on the
Site. He shall comply with all applicable safety requirements and take care of
safety of all persons entitled to be on the site and the works. He shall use
reasonable efforts to keep the site and the works, during execution of works,
clear of unnecessary obstruction so as to avoid danger to the persons.
The contractor shall provide all safety gear to his employees as specified in
the specification of Project.
18.2 First Aid Facilities: -
i. At every work place successful bidder shall provide and maintain first aid
box of adequate capacity and it should be easily accessible during working
hours
ii. The first-aid box shall be distinctly marked with a red cross on white back
ground.
iii. Adequate arrangements shall be made for immediate recoupment of the
equipment when necessary.
iv. Nothing except the prescribed contents shall be kept in the First-aid box.
v. The first-aid box shall be kept in charge of a responsible person who shall
always be readily available during the working hours of the work place.
vi. A person in charge of the First-aid box shall be a person trained in First-
aid treatment.
19. Discoveries
Anything of historical or other interest or of significant value
unexpectedly discovered on the Site shall be the property of the Employer.
66
The Contractor shall notify the Engineer of such discoveries and carry out the
Engineer's instructions for dealing with them.
20. Possession of the Site

The Employer shall handover complete or part possession of the site to
the Contractor 7 days in advance of construction programme. At the start of
the work, the Employer shall handover the possession of at-least 75% of the
site free of all encumbrances, the remaining 25 % of the possession as per
contractor’s construction programme.
21. Access to the Site
The Contractor shall allow access to the Site and to any place where
work in connection with the Contract is being carried out, or is intended to be
carried out to the Engineer and any person/persons/agency authorized by: a.
The Engineer b. The Employer or authorized by the Employer.
22. Instructions
22.1 The Contractor shall carry out all instructions of the Engineer, which
comply with the applicable laws where the Site is located.
22.2 The Contractor shall permit the appointed and/or authorized persons to
inspect the Site and/or accounts and records of the Contractor and its
subcontractors relating to the performance of the Contract, and to have such
accounts and records audited by auditors appointed, if so required. The
Contractor’s attention is invited to Clause of ‘Fraud and Corruption’, which
provides, inter alia, that acts intended to materially impede the exercise of the
inspection and audit rights provided for under the Clause & constitute a
obstructive practice subject to contract termination.
22.3 Engineer to have power to issue further drawings or instructions:
The Engineer shall have the power and authority from time to time and at all
times to give such further instructions and directions as may appear to him
necessary or proper for the guidance of the contractor and the good and
sufficient execution of the works according to terms of the specifications and
Contractor shall receive, execute, obey and be bound by the same, according
to the true intent and meaning thereof, as fully and effectually as though the
same had accompanied or had been mentioned or referred to in the
specification, and contemplated by the specifications, or may order any of the
67
works contemplated thereby to be omitted, with or without the substitution of
any other works in lieu thereof, or may order any work or any portion of work
executed or partially executed, to be removed, changed or altered, added if
needful, may order that other works shall be substituted instead thereof and
difference of expense occasioned by any such diminution or alteration so
ordered and directed shall be added to or deducted from the amount of this
Contract, as provided under condition no.10(a) hereinafter.
No work which radically changes the original nature of the Contract shall be
ordered by the Engineer and in the event of any deviation being ordered
which in the opinion of the Contractor changes the original nature of Contract
he shall nevertheless carry it out and disagreement as to the nature of the
work and the rate to be paid therefore shall be resolved.
The time for completion of the Works, shall be in event of any deviations
resulting in additional cost over the contract price being ordered, be extended
or reduced reasonably by the Engineer. The Engineer’s decision in this case
shall be final.
B. Time Control
23. Programme
Within the time stated in the Contract Data, the Contractor shall
submit to the Engineer for approval a Programme, including
Environment Management Plan showing the general methods,
arrangements, order, and timing for all the activities in the Works,
along with monthly cash flow forecasts for the construction of works/
subject work.
After the completion of the construction works, the programme for the
Routine Maintenance Work, showing the general methods,
arrangements, order and timing for all the activities involved in the
Routine Maintenance will also be submitted by the Contractor to the
Engineer for approval if specified in the tender. The programme for
Routine Maintenance will be submitted in each year for the period of
Maintenance.
The Contractor shall submit the list of equipment and machinery

being brought to site, the list of key personnel being deployed, the list
68
of machinery/ equipments being placed in field laboratory and the
location of field laboratory along with the Programme. The Engineer
shall cause these details to be verified at each appropriate stage of the
programme.
An update of the Programme shall be a programme showing the actual

progress achieved on each activity and the effect of the progress
achieved on the timing of the remaining Works, including any changes
to the sequence of the activities.
The Contractor shall submit to the Engineer for approval an updated

Programme at intervals no longer than the period stated in the
Contract Data. If the Contractor does not submit an updated
Programme within this period, the Engineer may withhold the amount
stated in the Contract Data from the next payment certificate and
continue to withhold this amount until the next payment after the date
on which the overdue Programme has been submitted.
The Engineer's approval of the Programme shall not alter the Contractor's
obligations. The Contractor may revise the Programme and submit it to
the Engineer again at any time. A revised Programme shall show the effect
of Variations and Compensation Events.
24. Extension Of Time In Contracts :

Subject to any requirement in the contract as to completion of any
portions or portions of the works before completion of the whole, the
contractor shall fully and finally complete the whole of the works
comprised in the contract (with such modifications as may be directed
under conditions of this contract) by the date entered in the contract or
extended date in terms of the following clauses:
a) Extension attributable to BMC
i. Extension Due To Modification: If any modifications have been

ordered which in the opinion of the Engineer have materially increased
the magnitude of the work, then such extension of the contracted date of
completion may be granted as shall appear to the Engineer to be
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reasonable in the circumstances, provided moreover that the Contractor
shall be responsible for requesting such extension of the date as may be
considered necessary as soon as the cause thereof shall arise and in any
case should not be less than 30 days before the expiry of the date fixed
for completion of the works.
ii. Extension For Delay Due To BMC: In the event of any failure or
delay by BMC to hand over the Contractor possession of the lands
necessary for the execution of the works or to give the necessary notice to
commence the works or to provide the necessary drawings or
instructions or any other delay caused by the MCGM due to any other
cause whatsoever, then such failure or delay shall in no way affect or
vitiate the contract or alter the character thereof or entitle the contractor
to damages or compensation therefore, but in any such case, the MCGM
may grant such extension(s) of the completion date as may be considered
reasonable.
Note: For extension of time period as governed in (i) and (ii) above, any
modifications in design/drawings, specifications, quantities shall be needed
to be justified with recorded reasons with approval of Ch.Eng. for not
anticipating the same while preparing estimates and draft tender.
(b) Extension Of Time For Delay Due To Contractor : The time for the
execution of the work or part of the works specified in the contract documents
shall be deemed to be the essence of the contract and the works must be
completed no later than the date(s) / the programme for completion of work as
specified in the contract. If the contractor fails to complete the works within the
time as specified in the contract for the reasons other than the reasons
specified in above as (a.i) and (a.ii), the BMC may, if satisfied that the works
can be completed by the contractor within reasonable short time thereafter,
allow the contractor for further extension of time as the Engineer may decide.
On such
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tension the BMC will be entitled without prejudice to any other right and
remedy available on that behalf, to recover the compensation as governed by
Clause 8(e) of GCC.
For the purpose of this Clause, the contract value of the works shall be taken
as value of work as per contract agreement including any supplementary
work order/contract agreement issued.
Further, competent authority while granting extension to the currency of

contract under Clause (b) of as above may also consider levy of penalty, as
deemed fit based on the merit of the case. Also, the reasons for granting
extension shall be properly documented.
25. Delays Ordered by the Engineer

The Engineer may instruct the Contractor to delay the start or progress of
any activity within the Works. Delay/delays totalling more than 30 days will
require prior written approval of the DMC/AMC.
26. Management Meetings

26.1 The Engineer may require the Contractor to attend a management
meeting. The business of a management meeting shall be to review the plans
for progress of the Works.
26.2 The Engineer shall record the business of management meetings and
provide copies of the record to those attending the meeting. The responsibility
of the parties for actions to be taken shall be decided by the Engineer either
at the management meeting or after the management meeting and stated in
writing to all those who attended the meeting.
C. Quality Control
28. Identifying Defects

28.1 The Engineer shall check the Contractor's work and notify the
Contractor of any Defects that are found. Such checking shall not affect the
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Contractor's responsibilities. The Engineer may instruct the Contractor to
search for a Defect and test any work that the Engineer considers may have a
Defect.
28.2 The Contractor shall permit the Employer’s technical person(s) to check
the Contractor’s work and notify the Engineer and Contractor if any defects
that are found.
30. Correction of Defects

30.1 (a) The Engineer shall give notice to the Contractor of any Defects with
respect to the equipment/vehicle/work during the contract period.
(b) Every time notice of Defect/Defects is given, the Contractor shall correct
the notified Defect/Defects within the duration of time specified by the
Engineer’s notice.
(c) The Engineer may issue notice to the Contractor to carry out removal of
defects or deficiencies, if any, noticed in his inspection, or brought to his
notice. The Contractor shall remove the defects and deficiencies within the
period specified in the notice and submit to the Engineer a compliance report.
31. Uncorrected Defects and Deficiencies

If the Contractor has not corrected a Defect under clause and deficiencies in
works, to the satisfaction of the Engineer, within the time specified in the
Engineer's notice, the Engineer will assess the cost of having the Defect or
deficiency corrected, and the Contractor shall pay this amount, on correction
of the Defect or deficiency by another agency.
D. Cost Control
32. Variations
The Engineer shall, having regard to the scope of the Works and the
sanctioned estimated cost, have power to order, in writing, Variations within
the scope of the Works he considers necessary or advisable during the
progress of the Works. Such Variations shall form part of the Contract and
the Contractor shall carry them out and include them in updated
Programmes produced by the Contractor. Oral orders of the Engineer for
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Variations, unless followed by written confirmation, shall not be taken into
account.
33. Payments for Variations

33.1 Even if rates for Variation items are not specified in the Bill of
Quantities, the Contractor shall carry out such work at the same rate.
33.2 The rate for Extra/Excess shall be governed by clause 10.A of Standard
General Condition of Contract.
34. Cash Flow Forecasts

When the Programme is updated, the Contractor shall provide the Engineer
with an updated cash flow forecast.
35. Payment Certificates

The payment to the Contractor will be as follows:
(a) A bill shall be submitted by the Contractor monthly and the Engineer In-
charge shall take or cause to be taken requisite measurement for the purpose
of having the same verified and the claim, so far as it is admissible, shall be
adjusted, if possible, within 30 days from the presentation of the bill.
(b) The Engineer shall check the Contractor's statement within 14 days and
certify the amount to be paid to the Contractor.
(d) The value of work executed shall comprise the value of the quantities of
the items in the Bill of Quantities completed.
(e) The value of work executed shall also include the valuation of Variations
and Compensation Events.
(f) The Engineer may exclude any item certified in a previous certificate or
reduce the proportion of any item previously certified in any certificate in the
light of later information.
(g) The contractor shall submit all bills on the printed forms at the office of AE
(SWM) of the ward. The charges to be made in the bills shall always be
entered at the rates specified in tender.
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36. Payments
36.1 Payments shall be adjusted for deductions for advance payments,
retention, security deposit, other recoveries in terms of the Contract and taxes
at source, as applicable under the law. The Employer shall pay the Contractor
the amounts certified by the Engineer within 15 days of the date of each
certificate.
36.2 All sums payable by a contractor by way of compensation under any of
these conditions, shall be considered as a reasonable compensation to be
applied to the use of BMC without reference to the actual loss or damage
sustained and whether any damage has or has not been sustained.
36.3 No payment shall be made for any work estimated to cost less than
Rupees One Thousand till after the whole of work shall have been completed
and the certificate of completion given. But in the case of works estimated to
cost more than Rs. One Thousand, the contractor shall on submitting a
monthly bill therefore be entitled to receive payment proportionate to the part
of the work than approved and passed by the Engineer In-charge, whose
certificate of such approval and passing of the sum so payable shall be final
and conclusive against the contractor. All such intermediate payments shall
be regarded as payments by way of advance against the final payments only
and not as payments for work actual done and completed and shall not
preclude the Engineer In-charge from requiring any bad, unsound, imperfect
or unskilful work to be removed or taken away and reconstructed or re-
erected nor shall any such payment be considered as an admission of the due
performance of the contract or any part thereof in any respect or the offering
of any claim not shall it conclude, determine or effect in any other way, the
powers of the Engineer In-charge as to the final settlement and adjustment of
the accounts or otherwise, or in any other way vary or effect the contract. The
final bill shall be submitted by the Contractor within one month of the date
fixed for the completion of the work otherwise the Engineer In-charge’s
certificate of the measurements and of the total amount payable for the work
shall be final and binding on all parties.
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37. The Contractor shall not be entitled to compensation to the extent that
the Employer's interests are adversely affected by the Contractor for not
having given early warning or not having cooperated with the Engineer.
38. Tax
G.S.T. and other state levies/cess which are not subsumed under
GST will be applicable. The tenderer shall quote inclusive of all taxes
applicable at the time of bid submission. It is clearly understood that BMC
will not bear any additional liability towards payment of any Taxes & Duties.
Wherever the Services to be provided by the Tenderers, falls under
Reverse Charge Mechanism, the Price quoted shall be exclusive of GST, but
inclusive of Taxes / Duties /Cess other than GST, if any.
Rates accepted by BMC shall hold good till completion of work and no
additional individual claim shall be admissible on account of fluctuations in
market rates; increase in taxes / any other levies / tolls etc. except that
payment / recovery for overall market situation shall be made as per price
Variation and if there is any subsequent change (after submission of bid) in
rate of GST applicable on the work/services to be executed as per tender,
i.e. any increase will be reimbursed by BMC whereas any reduction in the
rate of GST shall be passed on to BMC as per the provisions of GST act.
“Chapter XXI-Miscellaneous, section 171(1) of GST Act, 2017 governs
the ‘Anti Profiteering Measure’ (APM)
As per the provision of this section , ‘ Any reduction in rate of tax
on any supply of goods or services or the benefit of input tax credit shall be
passed on to the recipient by way of commensurate reduction in prices’
Accordingly, the contractor should pass on the complete benefit
accruing to him on account of reduced tax rate or additional input tax
credit, to BMC. In this regard bidder has to mandatorily submit “Special
Annexure-II” on Rs.500/- stamp paper.
Further, all provisions of GST Act will be applicable to the tender”
39. Currencies
All payments will be made in Indian Rupees.
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40. Liquidated Damages
Both, the Contractor and the Employer have agreed that it is not feasible to
precisely estimate the amount of losses due to delay in completion of works
and the losses to the public and the economy, therefore, both the parties have
agreed that the Contractor shall pay liquidated damages to the Employer and
not by way of penalty, at the rate per week or part thereof stated in the
Contract Data for the period that the Completion Date is later than the
Intended Completion Date. Liquidated damages at the same rates shall be
withheld if the Contractor fails to achieve the milestones prescribed in the
Contract Data. However, in case the Contractor achieves the next milestone,
the amount of the liquidated damages already withheld shall be restored to
the Contractor by adjustment in the next payment certificate. The Employer
and the contractor have agreed that this is a reasonable agreed amount of
liquidated damage. The Employer may deduct liquidated damages from
payments due to the Contractor. Payment of liquidated damages shall not
affect the Contractor’s other liabilities.
41. Cost of Repairs

Loss or damage to the Works or Materials to be incorporated in the Works
between the Start Date and the end of the Defects Correction periods shall be
remedied by the Contractor at his cost if the loss or damage arises from the
Contractor's acts or omissions.
E. Finishing the Contract

42. Completion of Work & Maintenance
The Contractor shall request the Engineer to issue a certificate of completion
of the works, and the Engineer will do so upon deciding that the works is
completed. This shall be governed as per clause no. 8(g) of Standard General
Conditions of Contract.
43. Taking Over
43.1 The Employer shall take over the works within seven days of the
Engineer issuing a certificate of completion of works. The Contractor shall
continue to remain responsible for its routine maintenance during the
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maintenance period if specified in the contract.
44. Final Account

Final joint measurement alongwith the representatives of the contractor
should be taken recorded and signed by the Contractors. Contractors should
submit the final bill within 1 month of physical completion of the work.
If the contractor fails to submit the final bill within 1 month, the MCGM
staff will prepare the final bill based on the joint measurement within next
3 months.
Engineer’s decision shall be final in respect of claims for defect and pending
claims against contractors.
No further claims should be made by the Contractor after submission of the
final bill and these shall be deemed to have been waived and extinguished.
Payment of those items of the bills in respect of which there is no dispute and
of items in dispute, for quantities and rates as approved by the Commissioner
shall be made within a reasonable period as may be necessary for the purpose
of verification etc.
After payment of the final bill as aforesaid has been made, the contractor
may, if he so desires, reconsider his position in respect of a disputed
portion of the final bills and if he fails to do so within 84 days, his
disputed claim shall be dealt with as provided in the contract.
A percentage of the retention money, over and above the actual retention
money as indicated below shall be held back from payments till the
finalization of final bill to be submitted as per above and will be paid
within 30 days of acceptance of the final bill.
Sr.no. Amount of Contract Minimum Payable Amount in final bill
Cost
1 Upto Rs.5 Crs. Rs.10 Lacs or final bill whichever is more
2 Upto Rs.25 Crs. Rs.1 Crore or final bill amount whichever
is
more
3 Upto Rs. 50 Crs. Rs.2 Crores or final bill amount
whichever is
more
4 Upto Rs.100 Crs. Rs.4 Crore or final bill amount whichever
is
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more
5 More than Rs.100 Rs.7 Crore or final bill amount whichever

Crs.. is
more
The contractor have to submit the bill for the work carried out within 15
days from the date of completion of the work to the respective executing
department. If the contractor fails to submit their bills to concerned
executing department, penalty or action as shown below will be taken for
each delayed bill
After 15 days from the date of Equal to 5% of bill amount

completion/running
bill upto certain date, upto next 15 days
i.e. upto 30 days
Next 15 days upto 45 days from the Equal to 10% of bill amount
date of
completion/running bill upto specified date
If not submitted witin 45 days from the Bill will not be admitted for
date of payment.
completion/ R.A. bill
45. Operating and Maintenance Manuals

If "as built" Drawings and/or operating and maintenance manuals are
required, the Contractor shall supply them by the dates stated in the
Contract Data.
If the Contractor does not supply the Drawings and/or manuals by the dates
stated in the Contract Data, or they do not receive the Engineer's approval,
the Engineer shall withhold the amount stated in the Contract Data from
payments due to the Contractor.
46. Termination
46.1 The Employer or the Contractor may terminate the Contract if the other
party causes a fundamental breach of the Contract.
46.2 Fundamental breaches of Contract shall include, but shall not be limited
to, the following:
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a) The Contractor stops work when no stoppage of work is shown on the
current Programme and the stoppage has not been authorized by the
Engineer;
b) The Contractor is declared as bankrupt or goes into liquidation other than
for approved reconstruction or amalgamation;
c) the Engineer gives Notice that failure to correct a particular Defect is a
fundamental breach of Contract and the Contractor fails to correct it within a
reasonable period of time determined by the Engineer;
d) The Contractor does not maintain a Security, which is required;
e) The Contractor has delayed the completion of the Works by the number of
days for which the maximum amount of liquidated damages can be paid, as
defined in relevant clause.
f) The Contractor fails to provide insurance cover as required under relevant
clause.
g) If the Contractor, in the judgment of the Employer, has engaged in the
corrupt or fraudulent practices as defined in GCC in competing for or in
executing the Contract.
h) Any other fundamental breaches as specified in the Contract Data.
i) If the Contractor fails to deploy machinery and equipment or personnel as
specified in the Contract Data at the appropriate time.
46.3 When either party to the contract gives notice of a breach of contract to
the Engineer for a cause other than those listed above, the Engineer shall
decide whether the breach is fundamental or not.
46.4 Notwithstanding the above, the Employer may terminate the Contract for
convenience.
46.5 If the Contract is terminated, the Contractor shall stop work
immediately, make the Site safe and secure, and leave the Site as soon as
reasonably possible.
47. Payment upon Termination

47.1 If the Contract is terminated because of a fundamental breach of
Contract by the Contractor, the Engineer shall issue a certificate for value of
the work done and materials ordered less liquidated damages, if any, less
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advance payments received up to the date of the issue of the certificate and
less the percentage to apply to the value of the work not completed, as
indicated in the Contract Data. If the total amount due to the Employer
exceeds any payment due to the Contractor, the difference shall be recovered
from the security deposit, and performance security. If any amount is still left
un-recovered it will be a debt due from the Contractor to the Employer
47.2 If the Contract is terminated at the Employer's convenience, the
Engineer shall issue a certificate for the value of the work done, the
reasonable cost of removal of Equipment, repatriation of the Contractor's
personnel employed solely on the Works, and the Contractor's costs of
protecting and securing the Works and less advance payments received up to
the date of the certificate, less other recoveries due in terms of the Contract,
and less taxes due to be deducted at source as per applicable law.
48. Property
All Materials on the Site, Plant, Equipment, Temporary Works, and Works
shall be deemed to be the property of the Employer for use for completing
balance construction work if the Contract is terminated because of the
Contractor's default, till the Works is completed after which it will be
transferred to the Contractor and credit, if any, given for its use.
49. Release from Performance
If the Contract is frustrated by the outbreak of war or by any other event
entirely outside the control of the Employer or the Contractor, the Engineer
shall certify that the Contract has been frustrated. The Contractor shall make
the Site safe and stop work as quickly as possible after receiving this
certificate and shall be paid for all work carried out before receiving it and for
any work carried out afterwards to which a commitment was made.
F) Other Conditions of Contract
50. Labour
50.1 The Contractor shall, unless otherwise provided in the Contract, make
his own arrangements at his own cost for the engagement of all staff and
employees, local or other, and for their payment, housing, feeding and
transport.
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50.2 The Contractor shall, if required by the Engineer, deliver to the Engineer
a return in detail, in such form and at such intervals as the Engineer may
prescribe, showing the staff and the number of the several classes of labour
from time to time employed by the Contractor on the Site and such other
information as the Engineer may require.
51. Compliance with Labour Regulations

(a) During continuance of the Contract, the Contractor shall abide at all times
by all existing labour enactments and rules made there under, regulations,
notifications and bye laws of the State or Central Government or local
authority and any other labour law (including rules), regulations, bye laws
that may be passed or notification that may be issued under any labour law
in future either by the State or the Central Government or the local authority.
(b) Furthermore, the Contractor shall keep the Employer indemnified in case
any action is taken against the Employer by the competent authority on
account of contravention of any of the provisions of any Act or rules made
there under, regulations or notifications including amendments. If the
Employer is caused to pay or reimburse, such amounts as may be necessary
to cause or observe, or for non-observance of the provisions stipulated in the
notifications/bye laws/Acts/Rules/regulations including amendments, if any,
on the part of the Contractor, the Engineer/Employer shall have the right to
deduct any money due to the Contractor including his amount of contract
deposit in the form of BG. The Employer/Engineer shall also have right to
recover from the Contractor any sum required or estimated to be required for
making good the loss or damage suffered by the Employer.
(c) The Contractor shall require his employees to obey all applicable laws,
including those concerning safety, health & Environment at work.
(d) The employees of the Contractor or his subcontractor in no case shall
be treated as the employees of the BMC at any point of time.
52. Drawings and Photographs of the Works

52.1 The Contractor shall do photography/video photography of the site
firstly before the start of the work, secondly mid-way in the execution of
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different stages of work as required by Engineer In-charge and lastly after the
completion of the work. No separate payment will be made to the Contractor
for this.
52.2 The Contractor shall not disclose details of Drawings furnished to him
and works on which he is engaged without the prior approval of the Engineer
in writing. No photograph of the works or any part thereof or plant employed
thereon, except those permitted under above clause, shall be taken or
permitted by the Contractor to be taken by any of his employees without the
prior approval of the Engineer in writing. No photographs/ Video photography
shall be published or otherwise circulated without the approval of the
Engineer in writing.
53. The Apprentices Act, 1961
The Contractor shall duly comply with the provisions of the Apprentices Act
1961 (III of 1961), the rules made there under and the orders that may be
issued from time to time under the said Act and the said Rules and on his
failure or neglect to do so, he shall be subject to all liabilities and penalties
provided by the said Act and said Rules.
54. Contract Document

The documents forming the contract are to be taken as mutually explanatory
of one another. Unless otherwise provided in the contract, the priority of the
documents forming the contract shall be as follows
1) Contract Agreement (if completed)
2) The letter of Acceptance
3) The Bid:
4) Addendum to Bid; if any
5) Tender Document
6) The Bill of Quantities:
7) The Specification:
8) Detailed Engineering Drawings
9) Standard General Conditions of Contracts (GCC)
10) All correspondence documents between bidder/contractor and BMC.
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55. Conflict of Interest
The Applicant shall not have a conflict of interest (the “Conflict of Interest”)
that affects the Bidding Process. Any Applicant found to have a Conflict of
Interest shall be disqualified. An Applicant shall be deemed to have a Conflict
of Interest affecting the Bidding Process, if
1. A constituent of such Applicant is also a constituent of another Applicant;
or
2. Such Applicant has the same legal representative for purposes of this
Application as any other Applicant; or
3. Such Applicant, or any Associate thereof has a relationship with another
Applicant, or any Associate thereof, directly or through common third party/
parties, that puts either or both of them in a position to have access to each
other’s information about, or to influence the Application of either or each
other; or
4. The Applicant shall be liable for disqualification if any legal, financial or
technical adviser of the Authority in relation to the Project is engaged by the
Applicant, its Member or any Associate thereof, as the case may be, in any
manner for matters related to or incidental to the Project. For the avoidance of
doubt, this disqualification shall not apply where such adviser was engaged
by the Applicant, its Member or Associate in the past but its assignment
expired or was terminated 6 (six) months prior to the date of issue of this
TENDER. Nor will this disqualification apply where such adviser is engaged
after a period of 3 (three) years from the date of commercial operation of the
Project.
56. Applications and costs thereof

No Applicant shall submit more than one Application for the Project. An
applicant applying individually shall not be entitled to submit another
application either individually. The Applicant shall be responsible for all of the
costs associated with the preparation of their Applications and their
participation in the Bid Process. The Authority will not be responsible or in
any way liable for such costs, regardless of the conduct or outcome of the
Bidding Process.
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57. Acknowledgment by Applicant
It shall be deemed that by submitting the Application, the Applicant has:
a. made a complete and careful examination of the tender;
b. received all relevant information requested from the Authority;
c. accepted the risk of inadequacy, error or mistake in the information provided
in the tender or furnished by or on behalf of the Authority relating to any of the
matters referred; and
d. Agreed to be bound by the undertakings provided by it under and in terms
hereof.
“The Authority” shall not be liable for any omission, mistake or error in
respect of any of the above or on account of any matter or thing arising out of
or concerning or relating to the TENDER or the Bidding Process, including
any error or mistake therein or in any information or data given by the
Authority.
58. Right to reject any or all Applications/ Bids
Notwithstanding anything contained in this TENDER, “The Authority”
reserves the right to reject any Application and to annul the Bidding Process
and reject all Applications/ Bids, at any time without any liability or any
obligation for such acceptance, rejection or annulment, and without assigning
any reasons therefore. In the event that the Authority rejects or annuls all the
Bids, it may, in its discretion, invite all eligible Bidders to submit fresh Bids
hereunder.
“The Authority” reserves the right to reject any Application and/ or Bid if:
(a) at any time, a material misrepresentation is made or uncovered, or
(b) the Applicant does not provide, within the time specified by the Authority,
the supplemental information sought by the Authority for evaluation of the
Application.
In case it is found during the evaluation or at any time before signing of the
Agreement or after its execution and during the period of subsistence thereof
including the concession thereby granted by “The Authority”, that one or
more of the pre-qualification conditions have not been met by the Applicant,
or the Applicant has made material misrepresentation or has given any
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materially incorrect or false information, the Applicant shall be disqualified
forthwith if not yet appointed as the Successful Bidder either by issue of the
LOA (Letter of Approval) or entering into of the Agreement, and if the
Applicant has already been issued the LOA or has entered into the
Concession Agreement, as the case may be, the same shall, notwithstanding
anything to the contrary contained therein or in this TENDER, be liable to be
terminated, by a communication in writing by “The Authority” to the
Applicant, without the Authority being liable in any manner whatsoever to the
Applicant and without prejudice to any other right or remedy which the
Authority may have under this TENDER, the Bidding Documents, the
Concession Agreement or under applicable law.
“The Authority” reserves the right to verify all statements, information and
documents submitted by the Applicant in response to the TENDER. Any such
verification or lack of such verification by the Authority shall not relieve the
Applicant of its obligations or liabilities hereunder nor will it affect any rights
of the Authority there under.
59. The bid shall be rejected if the bidder-
a. Stipulates the validity period less than 180 days.
b. Stipulates own condition/conditions.
c. Does not fill and (digital) sign undertaking forms, which are incorporated,
in the document.
60. Clarifications
Applicants requiring any clarification on the tender may notify “the Authority”
in writing or by fax or e-mail. They should send in their queries before the
date specified in the header data. “The Authority” shall Endeavor to respond
to the queries within the period specified therein. The responses will be sent
by fax and/or e-mail if necessary. The Authority will forward all the queries
and its responses thereto, to all purchasers of the TENDER without
identifying the source of queries.
“The Authority” shall Endeavor to respond to the questions raised or
clarifications sought by the Applicants. However, the Authority reserves the
right not to respond to any question or provide any clarification, in its sole
discretion, and nothing in this Clause shall be taken or read as compelling or
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requiring the Authority to respond to any question or to provide any
clarification, but not later than the date provided in header data.
“The Authority” may also on its own motion, if deemed necessary, issue
interpretations and clarifications to all Applicants. All clarifications and
interpretations issued by the Authority shall be deemed to be part of the
tender. Verbal clarifications and information given by Authority or its
employees or representatives shall not in any way or manner be binding on
the Authority.
61. Amendment of tender

At any time prior to the deadline for submission of Application, the Authority
may, for any reason, whether at its own initiative or in response to
clarifications requested by an Applicant, modify the tender by the issuance of
Addendum.
Any Addendum thus issued will be sent in writing/ Fax/ Email/ to all those
who have purchased the tender or published on BMC portal.
In order to afford the Applicants a reasonable time for taking an Addendum
into account, or for any other reason, the Authority may, in its sole discretion,
extend the Application Due Date.
G) Preparation and Submission of Application

62. Language
The Application and all related correspondence and documents in relation to
the Bidding Process shall be in English language. Supporting documents and
printed literature furnished by the Applicant with the Application may be in
any other language provided that they are accompanied by translations of all
the pertinent passages in the English language, duly authenticated and
certified by the Applicant. Supporting materials, which are not translated into
English, may not be considered. For the purpose of interpretation and
evaluation of the Application, the English language translation shall prevail.
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63. Format and signing of Application
The Applicant shall provide all the information sought under this TENDER.
The Authority will evaluate only those Applications that are received in the
required formats and complete in all respects. Incomplete and /or conditional
Applications shall be liable to rejection.
The Applicant will upload bid in One Folder in electronic form which shall
contain the scanned certified copies of the documents given below and the
documents uploaded has to be digitally signed by the bidder. These copies
shall be certified by Practicing Notary approved by the Govt. of Maharashtra
or Govt. of India with his stamp, clearly stating his name & registration
number, except where original documents are demanded.
64. Marking of Applications

The Applicant shall submit the Application in the format specified, together
with the documents, upload in folder as “VENDOR” together with their
respective enclosures
Applications submitted by fax, telex, telegram shall not be entertained and
shall be rejected outright.
65. Late Applications
Applications received by the Authority after the specified time on the
Application Due Date shall not be eligible for consideration and shall be
summarily rejected.
66. Confidentiality
Information relating to the examination, clarification, evaluation, and
recommendation for the short-listed qualified Applicants shall not be
disclosed to any person who is not officially concerned with the process or is
not a retained professional advisor advising the Authority in relation to or
matters arising out of, or concerning the Bidding Process. The Authority will
treat all information, submitted as part of Application, in confidence and will
require all those who have access to such material to treat the same in
confidence. The Authority may not divulge any such information unless it is
directed to do so by any statutory entity that has the power under law to
require its disclosure or is to enforce or assert any right or privilege of the
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statutory entity and/ or the Authority or as may be required by law or in
connection with any legal process.
67. Clarification of Financial Bids
To assist in the examination, evaluation and comparison of Bids, the Engineer
may, at his discretion, ask any bidder for clarification of his Bid, including
breakdown of unit rates. The request for clarification and the response shall
be in writing or by post/facsimile/e-mail. No Bidder shall contact the
Engineer on any matter relating to his bid from the time of the bid opening to
the time the contract is awarded. Any effort by the Bidder to influence the
Engineer in the Engineer’s bid evaluation, bid comparison or contract award
decisions may result in the rejection of the Bidder’s bid.
68. Inspection of site and sufficiency of tender:
1. The Contractor shall inspect and examine the site and its surrounding and
shall satisfy himself before submitting his tender as to the nature of the work
(so far as is practicable), the form and nature of the site, the quantities and
nature of the work and materials/equipment/vehicles necessary for the
completion of the works and means of access to the site, and in general shall
himself obtain all necessary information as to risk, contingencies and other
circumstances which may influence or affect his tender. He shall also take
into consideration the hydrological and climatic conditions.
2. The employer may make available to the Contractor data on hydrological
and sub surface conditions as obtained by or on his behalf from
investigations relevant to the works but the Contractor shall be responsible
for his own interpretation thereof. The contractor shall engage his
investigating agency with prior approval of the Engineer from the approved
list of such agencies by MCGM or Govt at his cost initially before commencing
actual work and which shall be reimbursed immediately subject to
satisfaction of the Engineer for faithful compliance and submission of
required data regarding such investigation within specified time.
3. The Contractor shall be deemed to have satisfied himself before tendering
as to the correctness and sufficiency of his tender for the works and of the
rates and prices quoted in the schedule of works / items / quantities, or in
Bill of Quantities, which rates and prices shall, except as otherwise provided
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cover all his obligations under the Contract and all matters and things
necessary for proper completion and maintenance of the works. No extra
charges consequent on any misunderstanding.
4. Not Foreseeable Physical Obstructions or Conditions: If, however,
during the execution of the Works the Contractor encounters physical
obstructions or physical conditions, other than climatic conditions on the
Site, which obstructions or conditions were, in his opinion, not foreseeable by
an experienced contractor, the Contractor shall forthwith give notice thereof
to the Engineer. On receipt of such notice, the Engineer shall, if in his opinion
such obstructions or conditions could not have been reasonably foreseen by
an experienced contractor, after due consultation with the Contractor,
determine:
 any extension of time to which the Contractor is entitled and
 and shall notify the Contractor accordingly. Such determination shall take
account of any instruction which the Engineer may issue to the Contractor in
connection therewith, and any proper and reasonable measures acceptable to
the Engineer which the Contractor may take in the absence of specific
instructions from the Engineer. However, such costing shall be got approved
by the competent authority as governed vide rules prevailing with authority.
5. Office for the Engineer (Works costing upto Rs.50 Lakhs)
The Contractor shall at his own cost and to satisfaction of the Engineer
provide a small temporary office, at the work-site which will include tables,
chairs and lockers for keeping the records. He shall also make necessary
arrangements for drinking water, telephone with a pre-requisite of e-
governance and electronic communication. These offices are not to be allowed
on public roads without the written instruction of the Engineer. These offices
should be preferably located within 50 to 500 m of the worksite. In case the
office is more than 500m away from the worksite, the contractor is to provide
conveyance for Municipal Staff.
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6. Office for the Engineer (Works costing above Rs.50 lakhs)
The Contractor shall at his own cost and to satisfaction of the Engineer
provide a temporary office at the work-site which will include tables, chairs
and lockers for keeping the records. He shall also make necessary
arrangements for drinking water, latrines, with doors, windows, locks, bolts
and fastenings sufficient for security for the Engineer, and his subordinates,
as close to the works from time to time in progress as can be conveniently
arranged, and shall at his own cost furnish the office with such chairs, tables,
lockers, locks and fastenings as may be required by the Engineer, and no
expense of any kind in connection with the erection or upkeep of the offices or
fittings shall be borne by the Corporation, but all such work shall be carried
out by the Contractor and the expenses thereof defrayed by him. The
Contractor shall also make water connections and fit up stand pipe with a bib
tap at each office. The latrines and the water connections shall be subject to
all the conditions herein elsewhere laid down for temporary water connection
and latrines generally with all requisite equipments for e-governance and
electronic and digital communication. These offices are not to be allowed on
public roads without the written instruction of the Engineer. These offices
should be preferably located within 50 to 500 m of the worksite. In case the
office is more than 500m away from the worksite, the contractor is to provide
conveyance. Also, for staff working beyond working hours the contractor has
to provide conveyance
7. Permission for provision and removal of office on completion of work:
The tenderer shall obtain permission for provision of site office, cement go-
down, store, etc. on payment of necessary cost implication. The cement go-
down, Watchman cabins, etc. shall Supply, Installation, Testing and
commissioning of Split type AC units of various capacity at Bhandup
Complex. Page 85 be provided as directed and shall be removed by the
Tenderers on completion of the work at their cost. It is binding on the
Tenderer to fulfill requirements of Environmental Authorities. The location of
such office shall be finalized and got approved from the Engineer before
erection / commencement work.
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69. Official Secrecy:
The Contractor shall of all the persons employed in any works in connection
with the contract that the India Official Secrets Act 1923 (XIX of 1923) applies
to them and will continue to apply even after execution of the said works and
they will not disclose any information regarding this contract to any third
party. The contractor shall also bring into notice that, any information found
to be leaked out or disclosed the concern person as well as the Contractor will
be liable for penal action; further the Corporation will be at liberty to
terminate the contract without notice.
70. Subsequent Legislation:
If on the day of submission of bids for the contract, there occur changes to
any National or State stature, Ordinance, decree or other law or any
regulation or By-laws or any local or other duly constituted authority or the
introduction of any such National or State Statute, Ordinance, decree or by
which causes additional or reduced cost to the Contractor, such additional or
reduced cost shall, after due consultation with the Contractor, be determined
by the concerned Engineering Department of BMC and shall be added to or
deducted from the Contract Price with prior approval of competent authority
and the concerned Engineering Department shall notify the Contractor
accordingly with a copy to the Employer. BMC reserve the right to take
decision in respect of addition/reduction of cost in contract.
71. Patent, Right and Royalties:

The contractor shall save harmless and indemnify the Corporation from and
against all claims and proceedings for or on account of infringement of any
Patent rights, design trademark or name of other protected rights in respect
of machine work, or material used for or in connection with the Works or any
of them and from and against all claims, proceedings, damages, costs,
charges and expenses whatsoever in respect thereof or in relation thereto.
Except where otherwise specified, the contractor shall pay all tonnage and
other royalties, rent and other payments or compensation, if any, for getting
stone, sand, gravel, clay or other materials required for the works or any of
them.
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72. Payments, Tax and Claims:
 The limit for unforeseen claims
Under no circumstances whatever the contractor shall be entitled to any
compensation from BMC on any account unless the contractor shall have
submitted a claim in writing to the Eng. in charge within 1 month of the case
of such claim occurring.
 No interest for delayed payments due to disputes, etc:
It is agreed that the Brihanmumbai Municipal Corporation or its Engineer or
Officer shall not be liable to pay any interest or damage with respect of any
moneys or balance which may be in its or its Engineer’s or officer’s hands
owing to any dispute or difference or claim or misunderstanding between the
Municipal Corporation of Greater Bombay or its Engineer or Officer on the
one hand and the contractor on the other, or with respect to any delay on the
part of the Brihanmumbai Municipal Corporation or its Engineer or Officers
in making periodical or final payments or in any other respect whatever.
73. Settlement of Disputes:
 Termination of contract for death
If the Contractor is an individual or a proprietary concern and the individual
or the proprietor dies and if the Contractor is a partnership concern and one
of the legal representative of the individual Contractor or the proprietor of the
proprietary concern and in case of partnership, the surviving partners, are
capable of carrying out and completing the contract, the Commissioner shall
be entitled to cancel the contract as to its uncompleted part without the
Corporation being in any way liable to payment of any compensation to the
estate of the deceased Contractor and or to the surviving partners of the
Contractor’s firm on account of the cancellation of the contract. The decision
of the Commissioner that the legal representative of the deceased Contractor
or surviving partners of the Contractor’s firm cannot carry out and complete
the contract shall be final and binding on the parties. In the event of such
cancellation the Commissioner shall not hold estate of the deceased
Contractor and or surviving partners of the Contractor’s firm liable in
damages for not completing the contract.
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Settlement of Disputes:
If any dispute or differences of any kind whatsoever other than those in
respect of which, the decision of any person is, by the Contract, expressed to
be final and binding) shall arise between the Employer and the Contractor or
the Engineer and the Contractor in connection with or arising out of the
Contract or carrying out of the Works (Whether during the progress of the
Works or after their completion and whether before or after the termination,
abandonment or breach of the Contract) it, the aggrieved party may refer
such dispute within a period of 7 days to the concerned Addl. Municipal
Commissioner who shall constitute a committee comprising of three officers
i.e. concerned Deputy Municipal Commissioner or Director (ES&P), Chief
Engineer other than the Engineer of the Contract and concerned Chief
Accountant. The Committee shall give decision in writing within 60 days.
Appeal on the Order of the Committee may be referred to the Municipal
Commissioner within 7 days. Thereafter the Municipal Commissioner shall
constitute a Committee comprising of three Addl. Municipal Commissioners
including Addl. Municipal Commissioner in charge of Finance Department.
The Municipal Commissioner within a period of 90 days after being requested
to do so shall give written notice of committee’s decision to the Contractor.
Save as herein provided such decision in respect of every matter so referred
shall be final and binding upon both parties until and after the completion of
the works, and shall forthwith be given effect to by the Contractor who shall
proceed with the works with due diligence, whether he requires arbitration as
hereinafter provided or not. If the Commissioner has given written notice of
the decision to the Contractor and no Claim to arbitration has been
communicated within a period of 90 days from receipt of such notice the said
decision shall remain final and binding upon the Contractor.
74. Arbitration and Jurisdiction:
If the Commissioner shall fail to give notice of the decision as aforesaid within a
period of 90 days after being requested as aforesaid, or if the Contractor be
dissatisfied with any such decision, then and in any such case the Contractor may
within 90 days after receiving notice of such decision or within 90 days after the
expirations of the first named period of 90 days (as the case may be) require that the
matter or matters in dispute be referred to arbitration as hereinafter provided.
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i) In case of the contract where the contract price and/or contract value is less than
Rs. 5,00,00,000/- ( Rupees Five Crore Only), any dispute arising out of or in
connection with this contract, including any question regarding its existence, validity
or termination, shall be referred to a mutually agreed arbitral tribunal in accordance
with the Arbitration and Conciliation Act, 1996 (amended upto date). The arbitral
tribunal shall consist of sole arbitrator, as mutually agreed upon by the parties and
the said dispute shall be finally resolved by said arbitral tribunal. The decision of the
arbitral tribunal shall be given in writing ( with reasons) and which will be final &
binding upon the parties hereto & the expenses of the arbitration shall be paid as
may be determined by the arbitral tribunal. The seat of the arbitration shall be
Mumbai. The venue of arbitration shall be English.
If the parties fails to appoint mutually agreed arbitral tribunal, within the period of
30 days from the date of application seeking arbitration in the dispute, the arbitral
tribunal shall be appointed by recognized arbitral institution i.e. Mumbai Centre for
International Arbitration ( approved by Government of Maharashtra under G.R. no.
ARB/case No. 1,/2017/D-19 dtd. 28.02.2017) as per Arbitration Rules of Mumbai
Centre for International Arbitration then in force (“MCIA Rules”)
(ii) In case of contract where the contract price and/or contract value is Rs.
5,00,00,000/- (Rupees Five Crore Only) or more, any dispute arising out of or in
connection with such a contract, including any question regarding its existence,
validity or termination, shall be directly referred to and finally resolved by recognized
arbitral institution i.e. Mumbai Centre for International Arbitration ( approved by
Government of Maharashtra under G.R. no. ARB/case No. 1,/2017/D-19 dtd.
28.02.2017) as per Arbitration Rules of Mumbai Centre for International Arbitration
then in force (“MCIA Rules”). The arbitral tribunal shall consist of a sole arbitrator.
The seat of the arbitration shall be Mumbai. The language of the Arbitration shall be
English. In either case, the law governing this arbitration agreement and the contract
shall be in Indian Law.
75. Copyright: The copyright of all drawings and other documents provided by the
Contractor under the contract shall remain vested in the Contractor or his sub-
contractors as the case may be the employer shall have a license to use such
drawings and other documents in connection with the design, construction,
operation, maintenance of the works. At any time the Employer shall have further
license without additional payment to the Contractor to use any such drawings or
documents for the purpose of making any improvement of the works or enlargement
or duplication of any part thereof, provided that such improvement, enlargement, or
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duplication by itself or in conjunction with any other improvements, enlargements or
duplications already made in accordance with the further license does not result in
the duplication of the whole works.
76. Receipts to be signed in firm’s name by any one of the partners:

Every receipt for money which may become payable or for any security which
may become transferable to the Contractor under these present shall, if
signed in the partnership name by any one of the partners, be a good and
sufficient discharge to the Commissioner and Municipal Corporation in
respect of the money or security purporting to be acknowledged thereby, and
in the event of death of any of the partners during the pendency of this
contract, it is hereby expressly agreed that every receipt by any one of the
surviving partners shall, if so signed as aforesaid, be good and sufficient
discharge as aforesaid provided that nothing in this clause contained shall be
deemed to prejudice or effect any claim which the Commissioner or the
Corporation may hereafter have against the legal representatives of any
partners so dying or in respect of any breach of any of the conditions thereof,
provided also that nothing in this clause contained shall be deemed
prejudicial or affect the respective rights or obligations of the Contractors and
of the legal representatives of any deceased Contractors interest.
77. Proprietary data

All documents and other information supplied by the Authority or submitted
by an Applicant to the Authority shall remain or become the property of the
Authority. Applicants are to treat all information as strictly confidential and
shall not use it for any purpose other than for preparation and submission of
their Application. The Authority will not return any Application or any
information provided along therewith.
78. Correspondence with the Applicant

Save and except as provided in this TENDER, the Authority shall not
entertain any correspondence with any Applicant in relation to the acceptance
or rejection of any Application.
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79. Price Variation Clause
The Contractor shall be reimbursed or shall refund to the Corporation as he case

may be the variation in the value of the work carried out from time to time, depending
on whether the prices of material and labour as a whole rise or fall, and the method
adopted for such computations shall be as given below, it being clearly understood
that the contractor shall have no claim for being reimbursed on the ground that the
price of a particular material or group of materials have risen beyond the limits of
the presumptions made in the following paras, however, no price variations shall be
made applicable for contracts upto 12 months:
A) Controlled materials: Price variations shall be permitted in respect of these

materials the price level of which is controlled by the Government or its agency. The
rate ruling on the date of submission of the tender shall be considered as the basic
price of such material for adjustment. Any variation in this rate shall be considered
for reimbursement to the contractor or refund to be claimed from the contractor as
the case may be. The contractor shall, for the purpose of adjustment submit in
original the relevant documents from the suppliers.
B) Labour and other materials: For the purpose of this contract and for allowing
reimbursement of refund on account of variation of prices of (i) labour, and (ii)
materials other than materials mentioned in A above, computation will be based on
the formula enunciated below which is based on the presumptions that:
i) The general price level of labour, rises or falls in proportion to the rise or fall of
consumer price index number 9 (general) for working class in Mumbai.
ii) The general price level of materials rises or falls in proportion to rise or fall of
whole-sale price index as published by ‘Economic Adviser to Govt. of India’
i) And that the component of labour is to the extent of 30 percent

of 88 percent and the component of materials is to the extent of
70 percent of 88 percent of the value of the work carried out. The
remaining 12 percent being the presumptive profit of the
contractor.
a) Formula for Labour component:
VL = (0.88 R) x 30 x ( I – IO) / 100 IO
b) Formula for Material component :
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VM = (0.88 R x70 - C) x(W – WO)/ 100 WO
Where –
VL = Amount of price variation to be reimbursed or claimed as refund on
account of general rise or fall of index referred to above.
I = Consumer Price Index number of working class for Mumbai (declared by the
Commissioner of Labour and Director of Employment, Mumbai) applicable to
the period under reference (base year ending 2004-05 as 100 i.e. new series of
indices).
IO = Consumer price index number for working class for Mumbai (declared by
the Commissioner of labour and Director of Employment, Mumbai) prevailing,
on the day of 28 days prior to the date of submission of the tender.
VM = The amount of price variation to be reimbursed or claimed as refund on

account of general rise or fall of wholesale price index for period under reference.
W = Average wholesale price index as published by Economic Adviser to Govt.

of India applicable to the period under reference.
WO = Wholesale price index as stated above prevailing on the day of 28 days

prior to the date of submission of the tender.
R = Total value of the work done during the period under reference as
recorded in the Measurement Book excluding water charges and sewerage
charges but including cost of excess in respect of item upto 50 percent
C = Total value of Controlled materials used for the works as recorded in

Measurement Book and paid for at original basic rate plus the value materials
of used.
i) The quantity of the Controlled material adopted in working out

the value of ‘C’ shall be inclusive of permitted wastages as / if
mentioned in specifications.
ii) The basic rate for the supply of controlled material shall be
inclusive of all the components of cost of materials excluding
transport charges incurred for bringing the material from place of
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delivery to the site.
Computations based on the above formula will be made for the period of
each bill separately and reimbursement will be made to (when the result is
plus) and refund will claimed from (when the result is minus) the
contractor’s next bill. The above formulae will be replaced by the formulae
in Annexure-I as and when mentioned in special conditions of contract
The operative period of the contract for application of price variation shall
mean the period commencing from the date of commencement of work
mentioned in the work order and ending on the date when time allowed for
the work order and ending on the date when time allowed for the work
specified in the contract for work expires, taking into consideration, the
extension of time, if any, for completion of the work granted by Engineer
under the relevant clause of the conditions of contract in cases other than
those where such extension is necessitated on account of default of the
contractor.
The decision of the Engineer as regards the operative period of the contract
shall be final and binding on the contractors.
iii) Where there is no supply of controlled items to contractor the

component ‘C’ shall be taken as zero.
B) Adjustment after completion: If the Contractor fails to complete

the works within the time for completion adjustment of prices
thereafter until the date of completion of the works shall be made
using either the indices or prices relating to the prescribed time for
completion, or the current indices or prices whichever is more
favorable to the employer, provided that if an extension of time is
granted, the above provision shall apply only to adjustments made
after the expiry of such extension of time.
C) Price variation will be calculated similarly and separately for extra

items and / or excess quantities and provisional sums calculated
under Sub Clause 10 (b)A (i)&(ii) and Sub Clause 10 (b) B(ii) based on
the above formula/formulae in Annexure-I as and when mentioned in
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Special conditions of contract; IO and WO being the indices applicable
to the date on which the rates under Sub Clause 10 (a)A (i)&(ii) and
Sub Clause 10 (a) B(iii) are fixed. No price variation shall be admissible
for FAIR items created during execution.
D) Price variation will be calculated similarly and separately for extra

items and / or excess quantities and provisional sums calculated
under Sub Clause 10 (b)A (i)&(ii) and Sub Clause 10 (b) B(ii) based on
the above formula/formulae in Annexure-I as and when mentioned in
Special conditions of contract; IO and WO being the indices applicable
to the date on which the rates under Sub Clause 10 (a)A (i)&(ii) and
Sub Clause 10 (a) B(iii) are fixed. No price variation shall be admissible
for FAIR items created during execution.
80. Maximum Price Variation shall be as follows:
Time Period of Maximum limit of

Project Price Variation
Up to 12 months No variation
allowed
Above12 months to 5%
24 months
Above 24 months 10%
*Approval of AMC / MC shall be obtained before invitation of tender in case of

any changes in above
Note: 1) The extension in time period for the projects originally estimated
including monsoon results in change of price variation slabs as mentioned
above i.e. from first slab to
second slab or from second slab to third slab, then the maximum limit of
original slab will prevail.
2) Operative period shall mean original or extended time period of contract. )
Operative period shall mean original or extended time period of contract.
For example:
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Extension of Time period Maximum Price
Variation
If original period of 11 No variation allowed
months including
monsoon extends to 16. The
operative period will be
11+5
months.
If original period of 11 Maximum 5% variation
months excluding allowed
monsoon extends to 16. The
operative period will be
11+5
months.
Price Variation during Extended Period of Contract:

i) Extension Due To Modification & Extension for delay due to MCGM : The
price variation for the period of extension granted shall be limited to the
amount payable as per the Indices. In case the indices increases or decreases,
above/below the indices applicable, to the last month of the original or
extended period vide clause8(l)(a)(i) and (ii) of standard GCC
ii) Extension Of Time For Delay Due To Contractor :
a) The price variation for the period of extension granted shall be limited to
the amount payable as per the Indices in case the indices increase, above the
indices applicable, to the last month of the original completion period or the
extended period vide above clause 8(l) (a)(i) and (ii) of standard GCC. b) The
price variation shall be limited to the amount payable as per the indices, in
case the indices decrease or fall below the indices applicable, to the last
month of original / extended period of completion period vide above clause
8(l)
(b) of standard GCC, then lower indices shall be adopted.
iii ) Extension of Time For Delay due to reasons not attributable to MCGM
and Contractor (Reference Cl.8(d) of Standard GCC): The price variation for
the period of extension granted shall be limited to the amount payable as per
the Indices in case the indices increases or decreases, above/below the
indices applicable, to the last month of the original period.
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81. Payment:
i) Bills shall be submitted by the Contractor from time to time (but at an
interval of not less than one month) for the works executed. The Engineer
shall arrange to have the bills verified by taking or causing to be taken, where
necessary, the requisite measurement of work.
ii) Payment on account for amount admissible shall be made on the Engineer
certifying the sum to which the Contractor is considered entitled by way of
payment for all the work executed, after deducting there from the amount
already paid, security deposit/ retention money and such other amounts as
may be deductible or recoverable in terms of the contract.
iii) On request, the contractor will be paid upto 75 percent of the value of the
work carried out as an adhoc payment in the first week of next month after
deducting there from recoveries on account of advances, interest, retention
money, income tax etc. The balance payment due will be paid thereafter.
iv) No interim payment will be admitted until such time the Contractor have
fully complied with the requirement of the Condition no.8 (g) and 8 (h)
concerning submission and approval of Network Schedule for the works, as
detailed in Condition 8 (h). A fixed sum shall be held in abeyance at the time
of next interim payment for non-attainment of each milestone in the network
and shall be released only on attainment of the said milestone.
v) An interim certificate given relating to work done or material delivered may

be modified or corrected by a subsequent interim certificate or by the final
certificate. No certificate of the Engineer supporting an interim payment shall
of itself be conclusive evidence that any work or materials to which it relates
is / are in accordance with the contract.
82. Banning/De-Registration of Agencies of Construction works/ M & E

work in BMC
The regulations regarding Demotion/ Suspension Banning for specific period

or permanently / De-Registration shall be governed as per the respective
condition in Contractor Registration Rules of BMC.
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83. JOINT VENTURE (Not Applicable)
In case if Joint Venture is allowed for the Project, the guidelines for JV as
follows shall be incorporated in the Tender Document:
a) Joint Venture should be allowed only when the number of identifiable different
works is more than one and/or the estimated cost of tender is more than Rs.100
Crores. JV shall also be allowed for complex technical work below Rs.100 Crores
with the approval of con cerned AMC
b) Separate identity/name shall be given to the Joint Venture firm.
c) Number of members in a JV firm shall not be more than three in normal
circumstances, if the work involves only one discipline (say Civil or Electrical). If
number of members in JV is required to be more than three, then approval of
concerned AMC needs to be sought.
d) A member of JV firm shall not be permitted to participate either in individual
capacity or as a member of another JV firm in the same tender.
e) The tender form shall be purchased and submitted in the 'name of the JV firm or
any con stituent member of the JV.
f) Normally EMD shall be submitted only in the name of the JV and not in the name
of constituent member. However, EMD in the name of lead partner can be accepted
subject to submission of specific request letter from lead partner stating the reasons
for not submitting the EMD in the name of JV and giving written confirmation from
the JV partners to the effect that the EMD submitted by the lead partner may be
deemed as EMD submitted by JV firm.
g) One of the members of the JV firm shall be the lead member of the JV firm who
shall have a majority (at least 51%) share of interest in the JV firm. The other
members shall have a share of not less than 20% each in case of JV firms with up to
three members and not less than 10% each in case of JV firms with more than three
members. In case of JV firm with foreign member(s), the lead member has to be an
Indian firm with a minimum share of 51%.
h) A copy of Letter of Intent or Memorandum of Understanding (MoU) executed by
the JV members shall be submitted by the JV firm along with the tender. The
complete details of the members of the JV firm, their share and responsibility in the
JV firm etc. particularly with reference to financial technical and other obligation
shall be furnished in the agreement.
i) Once the tender is submitted, the agreement shall not be
modified/altered/terminated during the validity of the tender. In case the tenderer
fails to observe/comply with this stipulation, the full Earnest Money Deposit (EMD)
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shall be forfeited. In case of successful tenderer, the validity of this agreement shall
be extended till the currency of the contract expires.
j) Approval for change of constitution of JV firm shall be at the sole discretion of the
MCGM. The constitution of the JV firm shall not be allowed to be modified after
submission of the tender bid by the JV firm except when modification becomes
inevitable due to succession laws etc. and in any case the minimum eligibility
criteria should not get vitiated. In any case the Lead Member should continue to be
the Lead Member of the JV firm. Failure to observe this requirement would render
the offer invalid.
k) Similarly, after the contract is awarded, the constitution of JV firm shall not be
allowed to be altered during the currency of contract except when modification
become inevitable due to succession laws etc. and in any case the minimum
eligibility criteria should not get vitiated. Failure to observe this stipulation shall be
deemed to be breach of contract with all consequential penal action as per contract
condition.
l) On award of contract to a JV firm, a single Performance Guarantee shall be
required to be submitted by the JV firm as per tender conditions. All the Guarantees
like Performance Guarantee, Bank Guarantee for Mobilization advance, machinery
Advance etc. shall be ac cepted only in the name of the JV firm and no splitting of
guarantees amongst the members of the JV firm shall be permitted.
m ) On issue of LOA, an agreement among the members of the JV firm (to whom the
work has been awarded) has to be executed and got registered before the Registrar of
the Companies under Companies Act or before the Registrar / Sub-Registrar under
the Registration Act, 1908. This agreement shall be submitted by the JV firm to the
MCGM before signing the contract agreement for the work. (This agreement format
should invariably be part of the tender condition). In case the tenderer fails to
observe/comply with this stipulation, the full Earnest Money Deposit (EMD) shall be
forfeited and other penal actions due shall be taken against partners of the JV and
the JV. This joint venture agreement shall have, inter-alia, following clauses:-
i. Joint and several liability - The members of the JV firm to which the contract is
awarded, shall be jointly and severally liable to the Employer (MCGM) for execution
of the project in accordance with General and Special conditions of the contract.
The JV members shall also be liable jointly and severally for the loss, damages
caused to the MCGM during the course of execution of the contract or due to no
execution of the contract or part thereof.
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ii. Duration of the Joint Venture Agreement -It shall be valid during the entire
period of the contract including the period of extension if any and the maintenance
period after the work is completed.
iii . Governing Laws - The Joint Venture Agreement shall in all respect be governed
by and interpreted in accordance with Indian Laws.
iv. Authorized Member -Joint Venture members shall authorize one of the members
on behalf of the Joint Venture firm to deal with the tender, sign the agreement or
enter into contract in respect of the said tender, to receive payment, to witness joint
measurement of work done, to sign measurement books and similar such action in
respect of the said tender/contract. All notices/correspondences with respect to the
contract would be sent only to this authorized member of the JV firm.
No member of the Joint Venture firm shall have the right to assign or transfer the
interest right or liability in the contract without the written consent of the other
members and that of the employer in respect of the said tender / contract.
n) Documents to be enclosed by the JV firm along with the tender:
i. In case one or more of the members of the JV firm is/are partnership firm(s),
following documents shall be submitted:
a. Notary certified copy of the Partnership Deed,
b. Consent of all the partners to enter into the Joint Venture Agreement on a
stamp paper of appropriate value (in original).
c. Power of Attorney (duly registered as per prevailing law) in favor of one of the
partners to sign the MOU and JV Agreement on behalf of the partners and
create liability against the firm.
ii. In case one or more members is/are Proprietary Firm or HUF, the following
documents shall be enclosed:
a. Affidavit on Stamp Paper of appropriate value declaring that his Concern is a
Proprietary Concern and he is sole proprietor of the Concern OR he is in
posi tion of "KARTA" of Hindu Undivided Family and he has the authority,
power and consent given by other partners to act on behalf of HUF.
iii. In case one or more members is/are limited companies, the following
documents shall be submitted:
a. Notary certified copy of resolutions of the Directors of the Company,
permitting the company to enter into a JV agreement, authorizing MD or one of
the Direc tors or Managers of the Company to sign MOU, JV Agreement, such
other documents required to be signed on behalf of the Company and enter into
liability against the company and/or do any other act on behalf of the company.
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b. Copy of Memorandum and articles of Association of the Company.
c. Power of Attorney (duly registered as per prevailing law) by the Company
au thorizing the person to do/act mentioned in the para (a) above.
o) All the members of the JV shall certify that they have not been black listed or
debarred by MCGM from participation in tenders/contract in the past either in their
individual capacity or the JV firm or partnership firm in which they were members /
partners.
p) Credentials & Qualifying criteria: Technical and financial eligibility of the JV firm
shall be adjudged based on satisfactory fulfilment of the following criteria:
Technical eligibility criteria: In case of Work involving single discipline, the Lead
member of the JV firm shall meet at least 35% requirement of technical capacity as
stipulated in tender document.
OR
In case of composite works (e.g. works involving more than one distinct component
such as Civil Engineering works, M & E works, Electrical works, etc. and in the case
of major bridges, substructure and superstructure etc.), atleast one member should
have satisfactorily completed 35% of the value of any one component of the project
work so as to cover all the components of project work or any member having
satisfactorily completed 35% of the value of work of each component during last
seven financial years.
In such cases, what constitutes a component in a composite work shall be
clearly defined as part of the tender condition without any ambiguity.
Financial eligibility criteria: The contractual payments received by the JV firm or
the arithmetic sum of contractual payments received by all the members of JV firm
in any one of the previous three financial years and shall be at least 100% of the
estimated value of the work as mentioned in the tender.
84. Compensation for delay:

If the Contractor fails to complete the works and clear the site on or before
the Contract or extended date(s) / period(s) of completion, he shall, without
prejudice to any other right or remedy of Municipal Corporation on account of
such breach, pay as agreed compensation, amount calculated as stipulated
below (or such smaller amount as may be fixed by the Engineer) on the
contract value of the whole work or on the contract value of the time or group
of items of work for which separate period of completion are given in the
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contract and of which completion is delayed for every week that the whole of
the work of item or group of items of work concerned remains uncompleted,
even though the contract as a whole be completed by the contract or the
extended date of completion. For this purpose the term ‘Contract Value’ shall
be the value of the work at Contract Rates as ordered including the value of
all deviations ordered:
 Completion period for projects (originally stipulated or as extended) not
exceeding 6 months : to the extent of maximum 1 percent per week
 Completion period for projects (originally stipulated or as extended)
exceeding 6 months and not exceeding 2 years: to the extent of
maximum ½ percent per week.
 Completion period for projects (originally stipulated or as extended)
exceeding 2 years : to the extent of maximum ¼ percent per week.
When the delay is not a full week or in multiple of a week but
involves a fraction of a week the compensation payable for that fraction
shall be proportional to the number of days involved.
Provided always that the total amount of compensation for delay
to be paid this condition shall not exceed the undernoted percentage of
the Contract Value of the item or group of items of work for which a
separate period of completion is given.
i) Completion period (as originally stipulated or as extended) not
exceeding 6 months: 10 percent.
ii) Completion period (as originally stipulated or as extended) exceeding
6 months and not exceeding 2 years : 7½ percent.
iii) Completion period (as originally stipulated or as extended)
exceeding 2 years : 5 percent.
The amount of compensation may be adjusted set off against any
sum payable to the contractor under this or any other contract with the
Municipal Corporation.
Please note schedule of penalties in section 10 SPECIFICATION.
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85. Action and Compensation Payable in Case of Bad Work and Not Done
As Per Specifications
All works under or in course of execution or executed in pursuance of the
contract, shall at all times be open and accessible to the inspection and
supervision of the Engineer-in-charge, his authorized subordinates in charge
of the work and all the superior officers, officer of the Vigilance Department of
the BMC or any organization engaged by the BMC for Quality Assurance and
the contractor shall, at all times, during the usual working hours and at all
other times at which reasonable notice of the visit of such officers has been
given to the contractor, either himself be present to receive orders and
instructions or have a responsible agent duly accredited in writing, present
for that purpose. Orders given to the Contractor’s agent shall be considered to
have the same force as if they had been given to the contractor himself.
If it shall appear to the Engineer-in-charge or his authorized subordinates in-
charge of the work or to the officer of Vigilance Department, that any work
has been executed with unsound, imperfect or unskilful workmanship or with
materials of any inferior description, or that any materials or articles provided
by him for the execution of the work are unsound or of a quality inferior to
that contracted for or otherwise not in accordance with the contract, the
contractor shall, on demand in writing which shall be made within twelve
months of the completion of the work from the Engineer-in-Charge specifying
the work, materials or articles complained of notwithstanding that the same
may have been passed, certified and paid for forthwith rectify, or remove and
reconstruct the work so specified in whole or in part, as the case may require
or as the case may be, remove the materials or articles so specified and
provide other proper and suitable materials or articles at his own charge and
cost. In the event of the failing to do so within a period specified by the
Engineer-in-Charge in his demand aforesaid, then the contractor shall be
liable to pay compensation at the same rate as under clause 8.e. of the
general condition of contract in section 9 of tender document (for
Compensation for delay) for this default. In such case the Engineer-in Charge
may not accept the item of work at the rates applicable under the contract
but may accept such items at reduced rates as the Engineer in charge may
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consider reasonable during the preparation of on account bills or final bill if
the item is so acceptable without detriment to the safety and utility of the
item and the structure or he may reject the work outright without any
payment and/or get it and other connected and incidental items rectified, or
removed and re-executed at the risk and cost of the contractor. Decision of
the Engineer-in-Charge to be conveyed in writing in respect of the same will
be final and binding on the contractor.
If the penalisation amount exceeds maximum limit with respect to Clause 8.e
of Standard General Conditions of Contract, then a show cause notice shall
necessarily be issued to the contract as to why the contract should not be
terminated.
The above clause is summarized to make it easy to understand as follows:
1. The Engineer-in-charge shall issue notice to the contractor for rectifying
the defects or redoing of the work if necessary, within specific time to achieve
the desired quality and quantity of the work and this should be governed by
clause 8.f and 9.b of Standard General Conditions of Contract.
2. If the contractor fails to comply the same, only then, the contractor shall be
li able to pay compensation at the same rate as under clause 8.e of the
Standard General Condition of Contract (for Compensation for delay) for this
default.
3. If the penalization amount exceeds the maximum limit, then the contractor
will be liable for being banned/ deregistered from business dealings with BMC
and this shall be governed by relative provision in Registration Rules of
MCGM and Standard General Conditions of Contract. 4. This penalization
shall be levied only on account of delay in work, unsound, imperfect or
unskillful workmanship or with materials of any inferior descrip tion, or that
any materials or articles provided by him for the execution of the work are
unsound or of quality inferior to that contracted for or otherwise not in
accordance with the contract.
86. Contractors remain liable to pay compensation:

In any case in which any of the powers conferred upon the Engineer In-
charge by the relevant clauses in documents that form a part of contract as
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exercised or is exercisable in the event of any future case of default by the
Contractor, he is declared liable to pay compensation amounting to the whole
of his security deposit. The liability of the Contractor for past and future
compensation shall remain unaffected.
In the event of the Executive Engineer taking action against these relevant
clauses, he may, if he so desires, take possession of all or any tools and plant,
materials and stores in or upon the work of site thereof or belonging to the
Contractor or procured by him and intended to be used for the execution of
the work or any part thereof paying or allowing for the same in account at the
contract rates, or in the case of contract rates not being applicable at current
market rates to be certified by the Executive Engineer, may after giving notice
in writing to the Contractor or his staff of the work or other authorized agent
require him to remove such tools and plants, materials or stores from the
premises within a time to be specified in such notice and in the event of the
Contractor failing to comply with any such requisition, the Executive
Engineer may remove them at the contractors expense of sell them by auction
or private sell on account of the Contractor at his risk in all respects and
certificate of the Executive Engineer as to the expense of any such removal
and the amount of the proceeds an expense of any such sell be final and
conclusive against the Contractor.
 INTERNAL GRIEVANCE REDRESSAL MECHANISM

B.M.C has formed an Internal Grievance Redressal Mechanism for
redressal of grievances. Any Bidder or prospective Bidder aggrieved that any
decision, action or omission of the procuring entity being contrary to the
provisions of the tender or any rules or guidelines issued therein, in Packet
“A”,’B’&’C’ can make an application for review of decision of responsiveness in
Packet “A”,’B’&’C’ within a period of 7 days or any such other period, as may
be specified in the Bid document .
While making such an application to procuring entity for review,

aggrieved bidders or Prospective bidders shall clearly specify the ground or
grounds in respect of which he feels aggrieved.
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Provided that after declaration of a bidder as a successful in Packet ‘A’
(General Requirements), an application for review may be filed only by a
bidder who has participated in procurement proceedings and after declaration
of successful bidder in Packet ‘B’ (Technical Bid), an application for review
may be filed only by successful bidders of Packet ‘A’. Provided further that, an
application for review of the financial bid can be submitted, by the bidder
whose technical bid is found to be acceptable / responsive.
Upon receipt of such application for review, B.M.C. may decide whether
the bid process is required to be suspended pending disposal of such review.
The B.M.C after examining the application and the documents available to
him, give such reliefs, as may be considered appropriate and communicate its
decision to the Applicant and if required to other bidders or prospective
bidders, as the case may be.
B.M.C shall deal and dispose off such application as expeditiously as
possible and in any case within 10 days from the date of receipt of such
application or such other period as may be specified in pre-qualification
document, bidder registration document or bid documents, as the case may
be.
Where B.M.C. fails to dispose off the application within the specified
period or if the bidder or prospective bidder feels aggrieved by the decision of
the procuring entity, such bidder or prospective bidder may file an application
for redressal before the ‘Internal Procurement Redressal Committee’ within 7
days of the expiry of the allowed time or of the date of receipt of the decision,
as the case may be. Every such application for internal redressal before
Redressal Committee shall be accompanied by fee of Rs.25,000/- fee shall be
paid in the form of D.D. in favour of B.M.C.
1st Appeal by the bidder against the decision of C.E./HoD/Dean can be
made to concerned D.M.C/Director who should decide appeal in 7 days. If
not satisfied, 2nd Appeal by the bidder can be made to concerned A.M.C.for
decision .
Grievance Redressal Committee (GRC) is headed by Concerned
D.M.C/Director of particular department for the first appeal / Grievances by
the bidder against the decision for responsiveness / Non-Responsiveness In
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Packet ‘A’,Packet ‘B’ or Packet ‘C’ and if not satisfied, Concerned A.M.C. will
take decision as per second appeal made by the bidder.
This Grievance Redressal Committee (GRC) will be operated through
DMC (CPD) office where appeals of aggrieved bidder will be received with fee of
Rs.25000/-from aggrieved bidder.The necessary correspondence in respect of
said applications to the aggrieved bidder & concerned department ,issuing
notices, arranging of Grievance Redressal Committee(GRC) with D.M.C.and
further proceeding will be carried out through registrar appointed by B.M.C.
No application shall be maintainable before the Redressal Committee in
regard of any decision of the B.M.C. relating to following issues:-
i) Determination of need of procurement
ii) The decision of whether or not to enter into negotiations.
iii) Cancellation of a procurement process for certain reasons.
On receipt of recommendation of the Committee, It will be
communicate his decision thereon to the Applicant and to the Committee
within 10 days or such further time not exceeding 20 days, as may be
considered necessary from the date of receipt of the recommendation and in
case of non-acceptance of any recommendation, the reason of such non-
acceptance shall also be mentioned in such communication.
Additional Municipal Commissioner and/or Procurement Redressal
Committee, if found, come to the conclusion that any such complaint or
review is of vexatious, frivolous or malicious nature and submitted with the
intention of delaying or defeating any procurement or causing loss to the
procuring entity or any other bidder, then such complainant shall be
punished with fine, which may extend to Five Lac rupees or two percent of the
value of the procurement, whichever is higher
87. No Claim To Any Payment Or Compensation Or Alteration In Or

Restriction Of Work
a) If at any time after the execution of contract documents, the Engineer shall
for any reason whatsoever, desires that the whole or any part of the works
specified in the Tender should be suspended for any period or that the whole
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or part of the work should not be carried out, at all, he shall give to the
Contractor a Notice in writing of such desire and upon the receipt of such
notice, the Contractor shall forthwith suspend or stop the work wholly or in
part as required after having due regard to the appropriate stage at which the
work should be stopped or suspended so as not to cause any damage or
injury the work already done or endanger the safety thereof, provided that the
decision of the Engineer as to the stage at which the work or any part of it
could be or could have been safely stopped or suspended shall be final and
conclusive against the contractor. The Contractor shall have no claim to any
payment or compensation whatsoever by reason of or in pursuance of any
notice as aforesaid, on account of any suspension, stoppage or curtailment
except to the extent specified hereinafter.
b) Where the total suspension of Work Order as aforesaid continued for a
continuous period exceeding 90 days the contractor shall be at liberty to
withdraw from the contractual obligations under the contract so far as it
pertains to the unexecuted part of the work by giving 10 days prior notice in
writing to the Engineer within 30 days of the expiry of the said period of 90
days, of such intention and requiring the Engineering to record the final
measurement of the work already done and to pay final bill. Upon giving such
Notice, the Contractor shall be deem to have been discharged from his
obligations to complete the remaining unexecuted work under his contract.
On receipt of such notice the Engineer shall proceed to complete the
measurement and make such payment as may be finally due to the
contractor within a period of 90 days from the receipt of such Notice in
respect of the work already done by the contractor. Such payment shall not in
any manner prejudice the right of the contractor to any further compensation
under the remaining provisions of this clause.
c) Where the Engineer required to Contractor to suspend the work for a period
in excess of 30 days at any time or 60 days in the aggregate, the Contractor
shall be entitled to apply to the Engineer within 30 days of the resumption of
the work after such suspension for payment of compensation to the extent of
pecuniary loss suffered by him in respect of working machinery remained
ideal on the site of on the account of his having an to pay the salary of wages
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and labour engaged by him during the said period of suspension provided
always that the contractor shall not be entitled to any claim in respect of any
such working machinery, salary or wages for the first 30 days whether
consecutive or in the aggregate or such suspension or in respect of any such
suspension whatsoever occasion by unsatisfactory work or any other default
on his part, the decision of the Engineer in this regard shall be final and
conclusive against the contractor.
88.Contractor to supply equipment etc required to carry out the work

and is liable for damages arising for its non provision
The Contractor shall supply at his own cost all material, plant, tools,
appliances, implements, equipments, vehicles requisite or proper for the
proper execution of the work, whether, in the original altered or substituted
form and whether included in the specification of other documents forming
part of the contract or referred to in these conditions or not and which may be
necessary for the purpose of satisfying or complying with the requirements of
the Eng-In-Charge as to any matter as to which under these conditions is
entitled to be satisfied, or which is entitled to require together with the
carriage therefore to and from the work.
The Contractor shall also supply without charge, the requisite number of
person with the means and materials necessary for the purpose of setting out
works and counting, weighing and assisting in the measurements of
examination at any time and from time to time of the work or materials,
failing which the same may be provided by the Engineer In-charge at the
expense of the contractor and the expenses may be deducted from any money
due to the contractor under the contract or from his security deposit or the
proceeds of sale thereof, or offers sufficient portion thereof.
The contractor shall provide all necessary measures & precautions to protect
the public from accident and shall also be bound to bear the expenses of
defence of every suit, action or other legal proceedings, that may be brought
by any person for injury sustained owing to neglect of the above precautions
and to pay any damages and cost which may be awarded in any such suit
action or proceedings to any such person or which may with the consent of
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the contractor be paid for compromising any claim by any such person.
89. Prevention of Fire:
The contractor shall not set fire to any standing jungle, trees, brushwood or
grass or waste.
Contractor shall take necessary measures to prevent fire and it spreading to
surrounding properties.
90. Compensation for all damages done intentionally or unintentionally by
contractor whether in or beyond the limits of BMC property including any
damage caused by spreading the fire shall be estimated by the Engineer In-
charge or such other officer as he may appoint and the estimate of the
Engineer in-charge to the decision of the Dy. Chief Engineer on appeal shall
be final and the contractor shall be bound to pay the amount of the assessed
compensation on demand failing which the same will be recovered from the
Contractor as damages or deducted by the Engineer In-charge from any sums
that may be due or become due from BMC to contractor under this Contract
or otherwise. Contractor shall bear the expenses of defending any action or
other legal proceedings that may be brought to prevent the spread of fire and
he shall pay any damages and costs that may be awarded by the Court in
consequence.
91. In the case of Tender by partners, any change in the constitution of the
firm shall be forthwith, notified by the contractor through the Engineer In-
charge for his information.
92. Action where no specifications:
In the case of any class of work for which there is no such specifications,
such works shall be carried out in accordance with the specifications and in
the event of there being no such specifications, then in such case, the work
shall be carried out in all respects in accordance with all instructions and
requirements of the Engineer In- charge.
93. Safety and medical help:

(i) The Contractor shall be responsible for and shall pay the expenses of
providing medical help to any workmen who may suffer a bodily injury as a
result of an accident. If such expenses are incurred by BMC, the same shall
be recoverable from the contractor forthwith and be included without
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prejudice to any other remedy of BMC from any amount due or that may
become due to the Contractor.
(ii) The contractor shall provide necessary personal safety equipment and
first-aid box for the use of persons employed on the site and shall maintain
the same in condition suitable for immediate use at any time.
(iii) The workers shall be required to use the safety equipments so provided by
the contractor and the contractor shall take adequate steps to ensure the
proper use of equipments by those concerned.
(iv) When the work is carried on in proximity to any place where there is risk
or drawing all necessary equipments shall be provided and kept ready for use
and all necessary steps shall be taken for the prompt rescue of any person in
danger.
94. Anti-malaria and other health measures:
Anti-Malaria and other health measures shall be taken as directed by the
Executive Health Officer of BMC. Contractor shall see that mosquitogenic
conditions are created so as to keep vector population to minimum level.
Contractor shall carry out anti-malaria measures in the area as per the
guidelines issued by the Executive Health Officer of BMC from time to time.
In case of default, in carrying out prescribed anti-malaria measures resulting
in increase in malaria incidence, contractor shall be liable to pay BMC on
anti-malaria measures to control the situation in addition to fine.
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SECTION 10
SPECIFICATIONS
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(1)PREAMBLE:-
SWM dept. is carrying out the obligatory duty of providing the services
of Dumpers under Disaster Management since 2006. Under this, initially
48 nos. of Dumpers were purchased by BMC. These Dumpers were in use
for 8 years in all 24 wards. But as per R.T.O norms, these dumpers were
phased out in mid of year 2014-15 as these vehicles have completed their
useful life of 8 years. After that as per the directives of competent
authority, it is decided to hire the services of dumpers from the firms
dealing in this line for all 24 wards. The bidder shall be well conversant
with ‘The Disaster Management Act,2005’ in order to provide the dumper
for the effective management of disaster and for matters connected
therewith or incidental there to or as per directions of A.E.(SWM)/
Assistant commissioner of ward.
(2) Contract Period: -
The contract period will be 180 days.
(3) Mobilization Period: -
i) No Mobilization period will be allowed. The bidder has to start the
work from the date mentioned on Letter of Acceptance.
ii) The contractor shall visit/report at the office of A.E (S.W.M) ward on
previous day of mentioned date on LOA to get the indent of work.
(4) Work Methodology: -

The A.E (S.WM) of Ward will issue written indent on previous day,
stating the exact no. of demand and shift of reporting of dumper vehicles.
The A.E (S.W.M) of Ward shall use these vehicles extensively to cope
up with the Emergency/Disaster situation. However, these vehicles can
also be utilized for such instances/situations where Asst.Commissioner /
A.E (S.W.M) ward in a view to direct such vehicle to meet the urgency of
work, even though the BMC is providing separate vehicles for attending
every activity in the ward hence such urgency of work shall not be daily
routine activity.
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Further, it is expected that, one dumper vehicle will be used in two
shifts per day in each ward. The vehicles shall be demanded on Sundays
and Holidays. Also, these vehicles shall be always available. The shift will
be of 12 hours duration.
In some of the wards, the vehicles may not be required on Sundays &
holidays. A.E (S.W.M) of concerned ward will inform accordingly in written.
(5) SPECIFICATIONS:-
The successful bidder shall supply the dumpers as per requirement
having following specifications: -
1) The Dumpers shall be registered with Mumbai R.T.O & have a
capacity of minimum 8 cu.mt with hydraulically operated tipping facility.
Dumpers shall fulfil the R.T.O. rules & regulations. The life of these
vehicles shall be valid as per R.T.O. rules & regulations & must upto the
contract period of this work.
2) The dumpers shall be owned or in command by contractor & shall
be in good working condition. The dumpers without rear flap (Phalka) will
not be accepted. In case of required no. of dumpers are not Owned by the
bidder, then they shall submit the Command letters from Owners of dumper
vehicles stating that the same will be at the bidder’s command during entire
contract period. The command letter shall be given on Rs.100/- Stamp
Paper. The original command letter on stamp papers of Rs. 100/- shall be
accompanied with tender, for each owner of vehicle, on separate stamp
paper, along with attested copy of R.C. Books. The contractor shall deploy
those dumpers which are mentioned in the Annexure ‘G’'.
3) A board showing or painted that the Dumpers is ‘On Municipal
Duty’ shall be exhibited on the front side at a conspicuous place; so long
the same is on Municipal Duty.
4) The contractor shall tie the load body of dumper with suitable
thick tarpaulin cover to prevent spillage of loaded material on the road
while the dumper in motion.
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5) It is estimated that the dumper will be used daily for two shifts at
each ward. In case of emergency /disaster like situation, the dumper shall
be always in ready position.
6) Contractors are advised to keep spare vehicles with them. If the
Dumpers fail on the road due to any mechanical fault, breakdown etc. then
the contractor will make immediate necessary arrangements to transport
with the help of other vehicles within 3 hours period.
7) Contractor shall carry out the work smoothly and with full care of
safety. The cost of any damage, injury, death caused during operation of
Dumpers or any claim arising out of it will be recovered from the
contractor’s bill and Corporation will not be responsible to any such claim
or act.
8) The payment will be made on the shift basis.
9) Contractor shall arrange the weighment of empty dumpers at
disposal site weighbridge computer in presence of municipal staff, so that
the proper record of it can be maintained. Contractor is requested to
furnish the copy of un-laden weight from R.C. book at the starting of work.
10) If the vehicles are directed to Dumping Ground, the weight of
dumpers shall be recorded and weighment slip shall be attached with the
log sheet.
11) The successful contractor shall provide uniform & all necessary
protective gears such as safety shoes, hand gloves, raincoats, face mask
etc. to staff as per the requirement, at his own cost.
12) B.M.C. reserves right to terminate contract after giving 30 days
notice without assigning any reason and contractor shall have no claims
whatsoever.
13) The contractor shall extend full cooperation and interaction with
the other agencies at site if involved.
14) No escalation in the cost of whatsoever nature will be allowed in
this contract.
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15) Sub contracting of the work in any manner shall be strictly
prohibited. If any sub contracting is noticed, the contract is liable to be
terminated and action will be initiated against the contractor.
16) The Contractor shall submit a set of required documents of
deployed vehicles, such as duly attested copy of R.C. Book, P.U.C wherever
applicable and comprehensive insurance at A.E.(SWM) Ward at the start of
the work.
17) Any charges towards toll tax / entry tax, etc. shall be borne by
the tenderer.
18) As the operation of the dumper at any hours on day is required
as per the contingent planning, it would be the responsibility of the
successful tenderer to provide one skilled driver having valid Driving
License and a Cleaner on each dumper per shift.
19) Planning of rendering the services shall be based on 12 hours
operational shift and as such there would be two working shifts during a
day.
20) The dumper are meant for utilizing especially to deal with
emergency/disaster situations and one cannot guess neither number of
such events nor the frequency of occurrence and as such Dumper with
Driver & Cleaner shall be always ready to meet the emergency situation in
wards.
21) As per the indent provided and requirement of dumpers, day shift
of 12 hours will start from 8.00 a.m. to 8.00 p.m. and night shift of 12
hours will start from 8.00 p.m. to 8.00 a.m. During the day and night
shifts, the driver & cleaner shall be available on the dumper on all days of
contract period.
22) During emergent situation, contractor will be required to render
operational services continuously round the clock on day and night basis
on all the days of emergencies till the same is cleared. Sundays and
National Holidays are not even barred.
120
23) The contractor will have to make their own arrangement for safe
and secured parking of these dumpers at their own cost in the respective
wards.
24) The contractor shall arrange for their own log sheets in triplicate
to enter the information about the day to day works allotted to them by the
representative of the concerned Assistant Commissioner of the ward.
However, the format of the log sheet shall be got approved before the use.
The record of log sheet and uses of dumpers shall be maintained at
M.L.Chowky. Ward Check-post Stamp shall be obtained on log sheet of
each trip of vehicle.
25) The contractor will have to make their own arrangement for
providing the diesel/oil at their own cost for day to day operation of the
dumpers. The cost on account of providing of diesel/oil shall be taken into
account while quoting the rates. The contractor shall note that B.M.C.
shall not be responsible for providing diesel / oil for these dumpers.
26) The contractor shall have to shoulder the responsibility of
arranging the backup protection such as providing the alternative services
in case of breakdown of the vehicle within 3 hour duration from the break
down, if the same is un-repairable within this period. Failing to provide
the alternative vehicle services within 3 hour duration, the penalty as
stated under the head “Penalty Clause” shall be levied.
27) It will be the responsibility of the contractor to have insurance
coverage of their operating staff and vehicles & same shall be submit at
ward. They are requested to note that there will not be any reimbursement
in this regard by B.M.C.
28) As regards any mishap/theft/accident happened on the road or
at site, the contractor will have to shoulder the complete responsibility of
the same, right from registration of Police complaint, lodging / follow up of
the insurance claim and facing the court trials etc. The contractor shall
indemnify the B.M.C. from all the legal claims arising there from and
consequences thereof.
121
29) If it is found that dumper has made an accident or is liable to
make an accident due to dumper not being roadworthy or due to mal-
operation by the driver or by rash driving or by contractor’s staff, such
vehicles shall not be used or rash driver shall not be depute thereafter for
the subject work. The alternate arrangement of the dumper shall be made
by the contractor immediately.
30) The contractor shall ensure that his employee shall wear the
uniforms and use safety gears while on municipal duty.
6) ARRANGEMENT / PROCEDURES TO BE FOLLOWED IN CASE OF

EMERGENT SITUATIONS AS WELL AS NORMAL CONDITIONS:
On receipt of information about the requirements of vehicles to deal

with emergency situation arising in the ward, the representative of the
concerned ward shall give message to the driver of the vehicles as well as
to the contractor about the requirement, who shall direct them to the site
wherein the rescue operations are to be performed.
The driver of the vehicle shall report to the informed site no sooner
than he receives the message from the ward.
Representative of the concerned ward shall also inform the other
nearby wards or the number of wards as per requirement to direct the
vehicle from their ward at emergent sites. They shall even directly inform
the drivers of the dumper vehicles and their contractor to direct the
dumper vehicles. In no case the driver should refuse to take the vehicles
from one site to another.
The concerned ward to whom the message of directing the vehicles for
carrying out the emergency works at particular site is received shall
immediately direct the vehicles in their possession without any lapse of
time.
The vehicles so engaged shall perform the operation works as per the
instructions and guidelines of the officers of the concerned ward /
122
designated officials of B.M.C. under whose jurisdiction the rescue works
are being performed.
The representative of the concerned ward shall sign the log-sheets of
the vehicles used by them during rescue operations, so as to take the note
by the concerned ward from where the vehicles were directed.
Contractor or their representative shall supervise and control the day
to day operation and maintenance of the vehicles and solely responsible for
directing the vehicles for rescue operation in case of emergency and shall
see that the duties allotted to the drivers are satisfactorily performed by
them. They shall further see that the breakdown, if any are there, is
attended on war footings by deploying their maintenance gang.
The contractor shall note that the Zonal Deputy Municipal

Commissioners / Asstt. Commissioners may also direct the vehicles from
one ward to another ward depending upon the requirement of the work
under normal conditions. In no case, the driver of the dumper should
refuse to direct the vehicles from one ward to another.
(7) SPECIAL INSTRUCTIONS:-

The contractor shall have telephone / mobile phone facility at site for
quick and proper communication, at their own cost.
The Corporation reserves the right to terminate the contract after
giving 30 days notice without assigning any reason and contractor shall
have no claims whatsoever.
It will be the total responsibility of the contractor to maintain the
requisite documents, registers, wage cards, daily attendance muster,
service records including E.S.I.C, P.F. etc. reference applicable & submit
the returns regularly to the statutory authority as per requirement &
necessity at his own cost.
The contractor shall observed prevailing rules & regulation of the
Labour Act or any act prescribed by GOI/ GOM time to time.
123
The contractor shall carry out the said work fully as per the
specifications, noting the site conditions and instructions of BMC Engineer
in-charge of the work.
The tenderer shall visit the ward/zone site first and get acquainted
with the quantum and type of work before quoting the offer. Ignorance of
site conditions shall not be accepted as basis for any claim for
compensation. The submission of tender by him will be construed as
evidence that such prior examination is made and any later claims /
disputes in regard to prices quoted shall not be entertained or considered.
The contractor shall ensure that all the safe working method are
adopted & shall use suitable safety equipment while execution of work.
Any mishap occurrence shall be fully on account of contractor and BMC
will not be responsible for it.
The contractor shall ensure that his workmen work peacefully without
causing any disturbance between themselves or with other agencies. The
regular working shall not be disturbed. Any damage to Municipal property
shall be recovered from the contractor along with the penalty of Rs 5,000/-
for such instance.
No accommodation for the work force of contractor’s personnel or

protection for his material shall be provided. Contractor shall make his
own arrangement at his own cost.
The contractor shall take utmost care not to cause any nuisance due
to noise, welding, fabrications, washing operations etc. All proper
precautions shall be taken by them in this respect.
In case of failure of any group bidder, the bidder of adjoining group
shall be asked to work in that group, in addition to the groups allotted to
him and he shall be paid at the rates quoted by him for the groups he is
operating or the rate quoted by the contractor for the groups he is directed
to work, whichever is higher.
The bidder should have min. 3 nos. of owned or in command Dumper
vehicle for the contract period of 180 days. The contractor shall submit the
124
copy of R.C. book of all vehicles to be used before deployment of new
vehicles to the office of A.E (SWM) of concerned Ward.
After award of contract, a set of attested copy of documents of
deployed vehicles shall be submitted to A.E (SWM) of respective wards. The
documents includes R.C. book, P.U.C & Comprehensive Insurance
Certificate etc. These documents shall be duly verified by A.E.(SWM) of
respective wards to confirm that the deployed vehicle is as per tender
specifications.
(8) Payments:-
The payment for the work done shall be made on monthly. The
contractor shall submit the bills complete with the log sheets filled up in
all respect by the check post and bearing dumping ground noting. The
Summary Statement & Bill Invoice of the work duly certified by the
A.E.(S.W.M) Ward, shall also be submitted for making the payment.
A.E.(S.W.M) Ward office shall verify the documentation, technical & loading
requirements, conditions & worthiness of vehicles, calculation of penalty
etc. as per contract conditions. The payment shall be released within 30
days after submission of the bill subject to satisfactory work done. Duly
certified bills by A.E.(S.W.M.) Ward shall be submitted at the office of
Dy.Ch.Eng. (SWM) Pl. for releasing payment.
(10) Scheduled of Penalty:-
Penalty If the Contractor fail to : Rs.2000/- per dumper per shift
start the work exact on the day will be imposed and recovered
1
mentioned in work order / from the bill.
Letter of Acceptance
Penalty If the Dumper is not : Rs.200/-per dumper will be
reported to M.L.Chowky at imposed and deducted from bill.
2
8.00 a.m. of respective ward
along with Driver and Cleaner.
Penalty If the Dumper is : Rs.500/-per dumper will be
3
reported to M.L.Chowky after imposed and deducted from bill.
125
8.00 a.m. and before 9.00 a.m.
of respective ward along with
Driver and Cleaner.
4 8.00 a.m. and before 10.00
a.m. of respective ward along
with Driver and Cleaner
5 8.00 a.m. and before 11.00
a.m. of respective ward along
with Driver and Cleaner
Penalty If the board or painted : Rs.200/- per trip will be
showing that Dumper is ‘On imposed
6
Municipal Duty’ is not
provided
Penalty in case the Driver of : Penalty of Rs. 4000/- per
Dumper ran away and left the dumper vehicle per day will be
7 site without performing the imposed and deducted from the
work bill & Dumper shift will be
considered as short.
Penalty for not deploying the : Rs.4000/- per dumper for the
8 required number dumpers as particular day will be imposed.
per instructions & program,
Penalty for fails to provide : Rs.1000/- per dumper per shift
9
Cleaner
Due to breakdown of dumpers : Penalty of Rs.2,000/- will be
10 on the road, if alternative imposed on the contractor &.

arrangement is not made Dumper shift will be considered
126
within 3 hours. as short.
Penalty for going to disposal : Rs.500/- per trip will be

11 site without reporting at the imposed.
check post
Penalty for failure to report at : Rs.500/- per day shall be
the Ward M.L. chowky or as imposed.
12 per the instructions of the
Asstt. Commissioner / A.E.
(S.W.M)
If the tarpaulin cover is not : Penalty of Rs. 500/- per trip per
provided on dumper or is torn dumper will be imposed.
13
out
If the loaded vehicle is not : Penalty of Rs.2000/- per trip

unloaded at proper place as per vehicle will be imposed.
14
per the instruction of disposal
site staff
If the rears flap (Phalka) will : Penalty of Rs.2000/- per trip
not be in perfect condition, will be imposed.
15
which results spilling of loaded
material on road
In case it is detected during : Penalty of Rs.3,000/- per such
inspection round or at the dumper trip shall be imposed &
check post that unauthorized the trip shall be treated as
16
material is loaded in the cancelled & necessary actions
dumper shall be initiated against the
contractors as deemed fit.
17 Penalty for failure to wear : Rs. 300/- per person per shift
127
uniform & safety gears by the
driver & cleaner.
(11) Schedule of Rates & Bill of Quantities:-

The tenderer have to fill in the rates online; as per Bill of
Quantities. While quoting for the work, the bidder has to consider the cost
towards each & every aspect of the work mentioned in the specifications.
The financial proposal of the bidders will be ranked on the basis of
lowest rate quoted in the B.O.Q.
(12) Risk and Cost:-

In case the contractor fails to carry out the work as specified,
the work shall be carried out from the private agency from open market or
from any other source at the risk and cost of the successful contractor. The
amount so incurred on behalf of risk & cost will be recovered from the
running bills / Performance Bank Guarantee/ Contract Deposit etc. of the
defaulter (Original successful) contractor. In addition to this 15%
supervision charges shall be recovered. Further process of blacklisting
/banning/deregistration/debarring will be initiated against the contractor
who failed to perform the subject work as per terms & conditions.
128
SECTION 11
Fraud & Corrupt
Practices
129
FRAUD AND CORRUPT PRACTICES
 The Applicants and their respective officers, employees, agents
and advisers shall observe the highest standard of ethics during
the Bidding Process. Notwithstanding anything to the contrary
contained herein, the Authority may reject an Application without
being liable in any manner whatsoever to the Applicant if it
determines that the Applicant has, directly or indirectly or
through an agent, engaged in corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive
practice in the Bidding Process.
 Without prejudice to the rights of the Authority under relevant
Clause hereinabove, if an Applicant is found by the Authority to
have directly or indirectly or through an agent, engaged or
indulged in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice during the
Bidding Process, such Applicant shall not be eligible to participate
in any tender or RFQ issued by the Authority during a period of 2
(two) years from the date such Applicant is found by the Authority
to have directly or indirectly or through an agent, engaged or
indulged in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice, as the case
may be.
 For the purposes of this Clause, the following terms shall have
the meaning hereinafter respectively assigned to them:
A. “corrupt practice” means
the offering, giving, receiving, or soliciting, directly or indirectly, of

anything of value to influence the actions of any person connected
with the Bidding Process (for avoidance of doubt, offering of
employment to, or employing, or engaging in any manner
130
whatsoever, directly or indirectly, any official of the Authority who
is or has been associated in any manner, directly or indirectly,
with the Bidding Process or the LOA or has dealt with matters
concerning the Concession Agreement or arising there from,
before or after the execution thereof, at any time prior to the
expiry of one year from the date such official resigns or retires
from or otherwise ceases to be in the service of the Authority,
shall be deemed to constitute influencing the actions of a person
connected with the Bidding Process); or save and except as
permitted under the relevant sub clause, engaging in any
manner whatsoever, whether during the Bidding Process or after
the issue of the LOA or after the execution of the Concession
Agreement, as the case may be, any person in respect of any
matter relating to the Project or the LOA or the Concession
Agreement, who at any time has been or is a legal, financial or
technical adviser of the Authority in relation to any matter
concerning the Project;
B. “fraudulent practice” means a misrepresentation or omission of
facts or suppression of facts or disclosure of incomplete facts, in
order to influence the Bidding Process;
“Coercive practice” means impairing or harming or
threatening to impair or harm, directly or indirectly, any
person or property to influence any persons participation or
action in the Bidding Process;
D. “undesirable practice” means (i) establishing contact with
any person connected with or employed or engaged by the
Authority with the objective of canvassing, lobbying or in any
manner influencing or attempting to influence the Bidding
Process; or (ii) having a Conflict of Interest; and
E. “Restrictive practice” means forming a cartel or
arriving at any understanding or arrangement among
131
Applicants with the objective of restricting or manipulating a
full and fair competition in the Bidding Process.
F. If the Employer/Financier determines that the Contractor
has engaged in corrupt, fraudulent, collusive, coercive or
obstructive practices, in competing for or in executing the
Contract, then the Employer may, after giving 14 days’
notice to the Contractor, terminate the Contractor's
employment under the Contract and expel him from the Site,
and the provisions of relevant Clause shall apply as if such
expulsion had been made.
G. Should any employee of the Contractor be determined to
have engaged in corrupt, fraudulent, collusive, coercive, or
obstructive practice during the execution of the Works, then
that employee shall be removed in accordance with relevant
Clause.
For the purposes of this Sub-Clause:

i. “corrupt practice” is the offering, giving, receiving to
soliciting, directly or indirectly, of anything of value to influence
improperly the actions of another party;
ii. “another party” refers to a public official acting in relation
to the procurement process or contract execution. In this
context, “public official” includes Financer staff and employees
of other organizations taking or reviewing procurement
decisions.
iii. “fraudulent practice” is any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other
benefit or to avoid an obligation;
iv. “Collusive practice” is an arrangement between two or more

parties designed to achieve an improper purpose, including to
132
influence improperly the actions of another party;
v. “coercive practice” is impairing or harming, or threatening to
impair or harm, directly or indirectly, any party or the property
of the party to influence improperly the actions of a party;
vi. “obstructive practice” is deliberately destroying, falsifying,
altering or concealing of evidence material to the investigation or
making false statements to investigators in order to materially
impede the Financier investigation into allegations of a
corrupt, fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party to prevent it
from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation; or
vii. Acts intended to materially impede the exercise of the Financer’s
inspection and audit rights provided.
viii. “party” refers to a public official; the terms “benefit” and
“obligation” relate to the procurement process or contract
execution; and the “act or omission” is intended to influence the
procurement process or contract execution.
ix. “parties” refers to participants in the procurement process
(including public officials) attempting to establish bid prices at
artificial, non-competitive levels.
x. a “party” refers to a participant in the procurement process or
contract execution.
133
SECTION 12
Pre Bid Meeting
134
PREBID MEETING
Pre-bid meeting of the interested parties shall be convened at the

designated date, time and place. A maximum of three representatives of
each Applicant shall be allowed to participate on production of authority
letter from the Applicant.
During the course of Pre-bid meeting, the Applicants will be free to

seek clarifications and make suggestions for consideration of the Authority.
The Authority shall Endeavour to provide clarifications and such further
information as it may, in its sole discretion, consider appropriate for
facilitating a fair, transparent and competitive Bidding Process.
135
SECTION 13
List of Approved Banks
136
LIST OF APPROVED BANKS
1. The following Banks with their branches in Brihanmumbai and in
suburbs and extended suburbs up to Virar and Kalyan have been
approved only for the purpose of accepting Banker’s guarantee from
1997-98 onwards until further instructions.
2. The Bankers Guarantee issued by branches of approved Banks
beyond Kalyan and Virar can be accepted only if the said Banker’s
Guarantee is countersigned by the Manager of a branch of the same
Bank, within the Mumbai Limit categorically endorsing thereon that
said bankers Guarantee is binding on the endorsing Branch of the
bank within Mumbai limits and is liable to be on forced against the
said branch of the Bank in case of default by the contractor/supplier
furnishing the bankers Guarantee.
A S.B.I and its subsidiary Banks
1 State Bank Of India.
2 State Bank Of Bikaner & Jaipur.
3 State Bank Of Hyderabad.
4 State Bank Of Mysore.
5 State Bank Of Patiyala.
6 State Bank Of Saurashtra.
7 State Bank Of Travankore.

B Nationalized Banks
8 Allahabad Bank.
9 Andhra Bank.
10 Bank Of Baroda.
11 Bank Of India.
12 Bank Of Maharashtra.
13 Central Bank Of India.
14 Dena Bank.
137
15 Indian Bank.
Indian Overseas Bank.
16 Oriental Bank Of Commerce.
18 Punjab National Bank.
19 Punjab & Sindh Bank.
20 Syndicate Bank.
21 Union Bank Of India.
22 United Bank Of India.
23 UCO Bank.
24 Vijaya Bank.
24A Corporation Bank.
C Scheduled Commercial Banks
25 Bank Of Madura Ltd.
26 Bank Of Rajasthan Ltd.
27 Banaras State Bank Ltd.
28 Bharat Overseas Bank Ltd
29 Catholic Syrian Bank Ltd.
30 City Union Bank Ltd.
31 Development Credit Bank.
32 Dhanalakshmi Bank Ltd.
33 Federal Bank Ltd.
34 Indsind Bank Ltd.
35 I.C.I.C.I Banking Corporation Ltd.
36 Global Trust Bank Ltd.
37 Jammu & Kashmir Bank Ltd.
38 Karnataka Bank Ltd.
39 KarurVysya Bank Ltd.
40 Laxmi Vilas Bank Ltd.
41 Nedugundi Bank Ltd.
42 Ratnakar Bank Ltd.
138
43 Sangli Bank Ltd.
44 South Indian Bank Ltd.
45 S.B.I Corporation &Int Bank Ltd.
46 Tamilnadu Mercantile Bank Ltd.
47 United Western Bank Ltd.
48 Vysya Bank Ltd.
D Schedule Urban Co-op Banks
49 Abhyudaya Co-op Bank Ltd.
50 Bassein Catholic Co-op Bank Ltd.
51 Bharat Co-op Bank Ltd.
52 Bombay Mercantile Co-op Bank Ltd.
53 Cosmos Co-op Bank Ltd.
54 Greater Mumbai Co-op Bank Ltd.
55 JanataSahakari Bank Ltd.
56 Mumbai District Central Co-op Bank Ltd.
57 Maharashtra State Co-op Bank Ltd.
58 New India Co-op Bank Ltd.
59 North Canara G.S.B. Co-op Bank Ltd.
60 Rupee Co-op Bank Ltd.
61 Sangli Urban Co-op Bank Ltd.
62 Saraswat Co-op Bank Ltd.
63 Shamrao Vithal Co-op Bank Ltd.
64 Mahanagar Co-op Bank Ltd.
65 Citizen Bank Ltd.
66 Yes Bank Ltd.

E Foreign Bank
67 ABM AMRO (N.Y.) Bank.
68 American Express Bank Ltd.
69 ANZ Grindlays Bank Ltd.
70 Bank Of America N.T. & S.A.
139
71 Bank Of Tokyo Ltd.
72 Bankindosuez.
73 BanqueNationale de Paris.
74 Barclays bank.
75 City Bank N.A.
76 Hongkong & Shanghai banking Corporation.
77 Mitsui Taiyokbe Bank Ltd.
78 Standard Chartered Bank.
79 Cho Hung Bank.
140
SECTION 14
Appendix
141
FORM OF TENDER
To,
The Municipal Commissioner for Brihanmumbai
Sir,
I/ We have read and examined the following documents relating to
the work of _______________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
i. Notice inviting tender.
ii. Directions to tenderers (General and special)
iii. General condition of contract for Works of the Brihanmumbai Municipal
Corporation as amended up to date.
iv. Relevant drawings
v. Specifications.
vi. Special directions
vii.Annexure A and B.
viii. Bill of Quantities and Rates.
1A. I/We________________________________________________________
(full name in capital letters, starting with surname), the Proprietor/
Managing Partner/ Managing Director/ Holder of the Business, for the
establishment / firm / registered company, named herein below, do hereby
offer to ………………………………………………………………………………………..
………………………………………………………………………………………………….
………………………………………………………………………………………………….
……………………………………………………………….………….…………….………
…………………………………
Referred to in the specifications and schedule to the accompanying form of
con-tract of the rates entered in the schedule of rates sent herewith and
signed by me/ us” (strike out the portions which are not applicable).
142
1B. I/We do hereby state and declare that I/We, whose names are given
herein below in details with the addresses, have not filled in this tender
under any other name or under the name of any other establishment /firm
or otherwise, nor are we in any way related or concerned with the
establishment /firm or any other person, who have filled in the tender for
the aforesaid work.”
2. I/We hereby tender for the execution of the works referred to in the
aforesaid documents, upon the terms and conditions, contained or referred
to therein and in accordance with the specifications designs, drawings and
other relevant details in all respects.
* At the rates entered in the aforesaid Bill of Quantities and Rates.
3. According to your requirements for payment of Earnest Money amounting
to Rs.______________________/-(Rs. ____________________________________ )
4. I/We have deposited the amount through online payment gateways with
the C.E. of the Corporation not to bear interest
I/We hereby request you not to enter into a contract with any other
person/s for the execution of the works until notice of non/acceptance of
this tender has first been communicated to me/us, and in consideration of
yours agreeing to refrain from so doing I/we agree not to withdraw the offer
constituted by this tender before the date of communication to me/us of
such notice of non/acceptance, which date shall be not later than ten days
from the date of the decision of the Standing Committee or Education
Committee of the Corporation, as maybe required under the Mumbai
Municipal Corporation Act, not to accept this tender.(Subject to condition 5
below).
5. I/We also agree to keep this tender open for acceptance for a period of
180 days from the date fixed for opening the same and not to make any
modifications in its terms and conditions which are not acceptable to the
Corporation.
6. I/We agree that the Corporation shall, without prejudice to any other
right or remedy, be at liberty to forfeit the said earnest money absolutely, if.
143
a. I/We fail to keep the tender open as aforesaid.
b. I/We fail to execute the formal contract or make the contract deposit
when called upon to do so.
c. I/we do not commence the work on or before the date specified by the En-
gineer in his work order.
7. I/We hereby further agree to pay all the charges of whatsoever nature in
connection with the preparation, stamping and execution of the said
contract.
8. I/We further agree that, I/we shall register ourselves as ‘Employer’ with
the Bombay Iron and Steel Labour Board’ and fulfill all the obligatory
provisions of Maharashtra Mathadi, Hamal and other Manual workers
(Regulation of Employment and Welfare) Act 1969 and the Bombay Iron and
Steel unprotected workers Scheme 1970.
9. “I/We………………………………………….…….. have failed in the
accompanying tender with full knowledge of liabilities and, therefore, we will
not raise any objection or dispute in any manner relating to any action,
including forfeiture of deposit and blacklisting, for giving any information,
which is found to be incorrect and against the instructions and directions
given in this tender.
10. “I/We further agree and undertake that in the event it is revealed
subsequently after the allotment of work/contract to me/us, that any
information given by me/us in this tender is false or incorrect, I/We shall
compensate the Brihanmumbai Municipal Corporation for any such losses
or inconvenience caused to the Corporation in any manner and will not
resist any claim for such compensation on any ground whatsoever. I/we
agree and undertake that I/we shall not claim in such case any amount by
way of damages or compensation for cancellation of the contract given to
me/us or any work assigned to me/us or is with-drawn by the Corporation,”
Address
………………………………….
…………………………….……
144
Yours faithfully,
Digital Signature of the Tenderer or the Firm

1.……………………………………………….
2.……………………………………………….
3.……………………………………………….
4.……………………………………………….
5...........................................................
Full Name and private residential address of all the partners constituting
the Firm
A/c No.
............................................
1. .......................................... Name of Bank
2. .......................................... ............................................
3. ......................................... Name of Branch
4. ......................................... ............................................
5. ......................................... Vendor No.
............................................
145
AGREEMENT FORM
Tender / Quotation dated ……………. 20….
Standing Committee/Education Committee Resolution No. ……..……………...
CONTRACT FOR THE WORKS……………………………………………………..
……………………………………..…………………………………………………………...
……...…………………………………………………
This agreement made this day of
Two thousand……………………………………………………………….Between.
…………...……………………………………………………………………………………..
………………………………………………………..…………….…………………………..
inhabitants of Mumbai, carrying on business at…… ………………...…..……
……………………………………………………………………………...…………………
in Bombay under the style and name of Messrs
……………………..…………………………………………………………………………
……...………………………………………………………(Hereinafter called “the
contractor of the one part and Shri……………………………………………………
……..……………………………… …………………………………
the D.M.C.(SWM) (hereinafter called “the commissioner” in which expression
are included unless the inclusion is inconsistent with the context, or
meaning thereof, his successor or successors for the time being holding the
office of D.M.C.(SWM) of the second part and the Brihanmumbai Municipal
Corporation (hereinafter called “the Corporation”) of the third part,
WHEREAS the contractor has tendered for the construction, completion and
maintenance of the works described above and his tender has been accepted
by the Commissioner (with the approval of the Standing
Committee/Education Committee of the Corporation NOW THIS
THIS AGREEMENT WITNESSETH as follows:-
1) In this agreement words and expressions shall have the same meanings
as are respectively assigned to them in the General Conditions of Contract
for works hereinafter referred to:-
2) The following documents shall be deemed to form and be read and
constructed as a part of this agreement viz.
a) The letter of Acceptance
b) The Bid:
c) Addendum to Bid; if any
d) Tender Document
e) The Bill of Quantities:
f) The Specification:
g) Detailed Engineering Drawings
h) Standard General Conditions of Contracts (GCC)
146
i) All correspondence documents between bidder and BMC
3) In consideration of the payments to be made by the Commissioner to the
contractor as hereinafter mentioned the contractor hereby covenants with
the Commissioner to construct, complete and maintain the works in
conformity in all respects with the provision of the contract.
4) The Commissioner hereby covenants to pay to the Contractor in
consideration of the construction, completion and maintenance of the works
the contract sum, at times and in the manner prescribed by the contract.
IN WITNESS WHERE OF the parties hereto have caused their respective
common seals to be herein to affixed (or have hereunto set their respective
hands and seals) the day and year above written.
Signed, Sealed and delivered by the contractors
_______________________________________ ______________________________
_______________________________________ ______________________________
_______________________________________ ______________________________
In the presence of Trading under the name and style of
______________________________________ ____________________________________
______________________________________ _____________________________________
Full Name
Address Contractors
Signed by the D.M.C.(SWM) in the presence of Ex. E.(SWM)Planning.
______________________________________
______________________________________
D M.C.(SWM)
The Common seal of the Brihanmumbai Municipal Corporation was hereunto
affixed on the …………...... 20 in the presence of two members of the Standing
Committee.
1. 1.
2. 2.
And in the presence of the Municipal Municipal Secretary
Secretary
147
SECTION 15
ANNEXURES
148
Annexure “A”
Name of Work: Hire the services of Dumpers under Disaster Management

for City, Western Suburb & Eastern Suburb Division for a
period of 180 days.

Sr. Parameter Details
No.
1 The Engineers for this 1. Dy.Ch.E (SWM )Planning
work 2. Ex.Eng ( SWM )Planning
3. A.E( SWM )Planning
2 Hire the services of Dumpers under
Description of work Disaster Management for City, Western

Suburb & Eastern Suburb Division for a
period of 180 days.
3 Earnest Money Deposit Group I Rs. 22,100/-
Group II Rs. 22,100/-
Group III Rs. 19,000/-
Group IV Rs. 17,600/-
Group V Rs. 17,200/-
Group VI Rs. 17,200/-
Group VII Rs. 16,100/-
Group VIII Rs. 20,200/-
4 Contract Period 180 days
Signature of Tenderer/Bidder
149
Annexure- B
(On Rs. 500/- Stamp Paper)
PRE-CONTRACT INTEGRITY PACT
The Bidder commits himself to take all measures necessary to prevent

corrupt practices, unfair means and illegal activities during any stage of his
bid or during any pre-contract or post-contract stage in order to secure the
contract or in furtherance to secure it and in particular commits himself to
the following:-
1. The Bidder will not offer, directly or through intermediaries, any bribe,
gift, consideration, reward, favour, any material or immaterial benefit or
other advantage, commission, fees, brokerage or inducement to any official
of the BMC, connected directly or indirectly with the bidding process, or to
any person, organization or third party related to the contract in exchange
for any advantage in the bidding, evaluation, contracting and
implementation of the Contract.
2. The Bidder further undertakes that he has not given, offered or promised
to give, directly or indirectly any bribe, gift, consideration, reward, favour,
any material or immaterial benefit or other advantage, commission, fees,
brokerage or inducement to any official of the BMC or otherwise in
procuring the Contract or forbearing to do or having done any act in relation
to the obtaining or execution of the Contract or any other Contract with the
Government for showing or forbearing to show favour or disfavour to any
person in relation to the Contract or any other Contract with the
Government.
3. The Bidder will not collude with other parties interested in the contract to
impair the transparency, fairness and progress of the bidding process, bid
evaluation, contracting and implementation of the contract.
4. The Bidder will not accept any advantage in exchange for any corrupt
practice, unfair means and illegal activities.
5. The Bidder, either while presenting the bid or during pre-contract
negotiations or before signing the contract, shall disclose any payments he
has made, is committed to or intends to make to officials of the BMC or their
family members, agents, brokers or any other intermediaries in connection
with the contract and the details of services agreed upon for such payments.
6. The Bidder shall not use improperly, for purposes of competition or
personal gain, or pass on to others, any information provided by the BMC as
part of the business relationship, regarding plans, technical proposals and
business details, including information contained in any electronic data
carrier. The Bidder also undertakes to exercise due and adequate care lest
any such information is divulged.
7. The Bidder commits to refrain from giving any complaint directly or
through any other manner without supporting it with full and verifiable
facts.
8. The Bidder shall not instigate or cause to instigate any third person to
150
commit any of the actions mentioned above.
9. The Bidder and their respective officers, employees, agents and
advisers shall observe the highest standard of ethics during the
Bidding Process. Notwithstanding anything to the contrary contained
herein, the Authority may reject an Application without being liable in any
manner whatsoever to the Applicant if it determines that the
Applicant has, directly or indirectly or through an agent, engaged in
corrupt practice, fraudulent practice, coercive practice, undesirable practice
or restrictive practice in the Bidding Process
For the purposes of this Clause 9, the following terms shall have
the meaning herein after respectively assigned to them:
1. “fraudulent practice” means a misrepresentation or omission of facts
or suppression of facts or disclosure of incomplete facts, in order to
influence the Bidding Process ;
2. “coercive practice” means impairing or harming or threatening to

impair or harm, directly or indirectly, any person or property to
influence any persons participation or action in the Bidding Process;
3. “undesirable practice” means (i) establishing contact with any
person connected with or employed or engaged by the Authority with the
objective of canvassing, lobbying or in any manner influencing or
attempting to influence the Bidding Process; or (ii) having a Conflict of
Interest; and
4. “restrictive practice” means forming a cartel or arriving
at any understanding or arrangement among Applicants with the
objective of restricting or manipulating a full and fair competition in the
Bidding Process.
151
Annexure- C
(On Rs. 500/- Stamp Paper)
DECLARATION CUM INDEMNITY BOND
I, _____________________________ of , do hereby declared

and undertake as under.
1. I declare that I have submitted certificates as required to Executive
engineer (Monitoring) at the time of registration of my firm/company
and there is no change in the contents of the certificates that are
submitted at the time of registration.
2. I declare that I _ in capacity as

Manager/Director/Partners/Proprietors of has not
been charged with any prohibitory and /or penal action such as
banning (for specific time or permanent)/de-registration or any
other action under the law by any Government and/or Semi
Government and/or Government undertaking.
3. I declare that I have perused and examined the tender document

including addendum, condition of contract, specifications, drawings,
bill of quantity etc. forming part of tender and accordingly, I submit
my offer to execute the work as per tender documents at the rates
quoted by me in capacity as________________ of
__________.
4. I further declare that if I am allotted the work and I failed to carry

out the allotted work in accordance with the terms and conditions and
within the time prescribed and specified, BMC is entitled to carry out
the work allotted to me by any other means at my risk and cost, at
any stage of the contract.
5. I also declare that I will not claim any

charge/damages/compensation for non availability of site for the
contract work at any time.
6. I declare that I will positively make the arrangements of the

required equipment on the day of commencement or with respect to
the progress of the work in phases, as per the instructions of site in
charge
152
BANKERS GURANTEE IN LIEU OF CONTRACT DEPOSIT
THIS INDENTURE made this day of BETWEEN
THE ________________BANK incorporated under the English/Indian

Companies Acts and carrying on business in Mumbai (hereinafter referred to
as 'the bank' which expression shall be deemed to include its
successors and assigns) of the first part ______________
___________________________________________________________________________
inhabitants carrying on business at________________________________________
in Mumbai under the style and name of Messer’s__________________________
(hereinafter referred to as 'the consultant') of the second part
Shri._____________________________________________________________________
THE MUNICIPAL COMMISSIONER FOR BRIHANMUMBAI (hereinafter

referred to as 'the commissioner' which expression shall be deemed, also to
include his successor or successors for the time being in the said office of
Municipal Commissioner ) of the third part and BRIHANMUMBAI
MUNICIPAL CORPORATION (hereinafter referred to as 'the Corporation') of
the fourth part WHEREAS the consultants have submitted to the
Commissioner tender for the execution of the work of
''__________________________________________________________________________
and the terms of such tender /contract require that the
consultants shall deposit with the Commissioner as/contract deposit/
earnest money and /or the security a sum of Rs._
(Rupees )AND WHEREAS if and when any
such tender is accepted by the Commissioner, the contract to be
entered into in furtherance thereof by the consultants will provide that such
deposit shall remain with and be appropriated by the Commissioner towards
the Security - deposit to be taken under the contract and be redeemable by
the consultants, if they shall duly and faithfully carry out the terms and
provisions of such contract and shall duly satisfy all claims properly
chargeable against them there under AND WHEREAS the consultants are
constituents of the Bank and in order to facilitate the keeping of the
accounts of the consultants, the Bank with the consent and concurrence of
the consultants has requested the Commissioner to accept the undertaking
of the Bank hereinafter contained, in place of the contractors depositing
with the Commissioner the said sum as earnest money and /or security as
aforesaid AND WHEREAS accordingly the Commissioner has agreed to
accept such undertaking NOW THIS AGRREMENT WITHNESSES that in
consideration of the premises, the Bank at the request of the consultants (
hereby testified ) UNDERTAKES WITH the commissioner to pay to the
commissioner upon demand in writing , whenever required by him , from
time to time , so to do ,a sum not exceeding in the whole Rs.
(Rupees ) under the terms of the said tender and
153
/or the contract. The B.G. is valid up to ”Notwithstanding
anything what has been stated above, our liability under the above
guarantee is restricted to Rs.____________only and guarantee shall remain
in force upto___________________ unless the demand or claim under this
guarantee is made on us in writing on or before _all your
right under the above guarantee shall be forfeited and we shall be
released from all liabilities under the guarantee thereafter”
IN WITNESS WHEREOF
WITNESS(1) ________________________
Name and ________________________
address ________________________
WITNESS(2) ________________________
Name and ________________________ the duly constituted Attorney Manager
address ________________________
the Bank and the said Messer’s ____________________________________________
(Name of the Bank)
WITNESS(1) ________________________
Name and ________________________
address ________________________
WITNESS(2) ________________________
Name and ________________________
For Messer’s ________________________
Address ________________________
have here into set their respective hands the day and year first above
written.
The amount shall be inserted by the Guarantor, representing the

Contract Deposit in Indian Rupees.
154
Annexure- D
Rate Analysis
Item Desciption
Sr. Description of rate Unit Quantity Rate Amount
No. analysis parameters
1
2
3
4
5
6
7 Total of all components
8 Overhead & profit
9 Total (7+8)
7 Per unit rate (per Service)
Sign & seal of the Tenderer
155
Annexure “E”
INFORMATION REGARDING STATUS OF TENDERER
(To be filled in by the tenderer)
(1)(a) Whether it is a proprietor

concern
--------------------------------------------
(b) If so, name of the owner --------------------------------------------

---------
--------------------------------------------
---------
(2) If it is a partnership concern,

please furnish name of each
partner and a copy of registration --------------------------------------------
certificate ---------
--------------------------------------------
---------
--------------------------------------------
---------
(3) In case of company, please --------------------------------------------

furnish the documentary proof to ---------
show that the company is
registered --------------------------------------------
---------
--------------------------------------------
---------
Signature of the Authorised Signatory / Signatories:
Name of concerned person(s) / company:
Stamp: Date:
156
Annexure F
EARNEST MONEY DEPOSIT
(To be filled in by the tenderer)
Amount of E.M.D. : RUPEES __________
1 (in words)
____________________________
2 Contract Period : 180 days
157
ANNEXURE G
DETAILS OF JCB/DUMPERS/TEMPO IN COMMAND / OWNED

Sr. Model / Registration Whether Whether at
Make Total
No. Type No. owned command
A B C D E F G (E+F)
10
11
12
13
14
15
16
Signature of authorized Signatory
of company
158
ANNEXURE H
DETAILS OF LITIGATION HISTORY
1) I M/s ………………. participating in the above subject Bid, here by

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

No Organization
1.
2.
3.
4.
5.
I further declared that information furnished above is correct,

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

Official Seal and Address
159
Special Annexure – II
Irrevocable Undertaking
(On Rs.500/- Stamp Paper)
I Shri/Smt………………………………………………aged…… Years, Indian

Inhabitant. Proprietor/Partner/Directors of M/s…………………………………
resident at …………………………………………………………………………… do
hereby give Irrevocable Undertaking as under :
1. I say & undertake that as specified in Section 171 of CGST Act, 2017,
any reduction in rate of tax on supply of goods or services or the benefit
of input tax credit shall be mandatorily passed on to BMC by way of
commensurate reduction in prices.
2. I further say and undertake that I understand that in case the same is
not passed on and is discovered at any later stage, BMC shall be at
liberty to initiate legal action against me for its recovery including, but
not limited to, an appeal to the Screening Committee of the GST Counsel.
3. I say that above said irrevocable undertaking is binding upon me/my
partners/company/other Directors of the company and also upon
my/our legal heirs, assignee, Executor, administrator etc.
4. If I fail to compliance with the provisions of the GST Act, I shall be liable
for penalty/punishment or both as per the provisions of GST Act.
Whatever has been stated here in above is true & correct to
my/our own knowledge & belief.
Solemnly affirmed at DEPONANT
This day of BEFORE ME
Interpreted Explained and Identified by me.
160
Proformas:-
PROFORMA – I
Sub:- Hire the services of Dumpers under Disaster Management for City,
Western Suburb & Eastern Suburb Division for a period of 180 days.
Sr.No. Name of the Name of Stipulated Actual date Actual

Project the Date of of Cost of
EmployerCompletionCompletion Work
Done
1 2 3 4 5 6
Note:-
1. Scanned Attested copies of completion/performance certificates from
the Engineer-in-Charge for each work should be annexed in the
support of information furnished in the above proforma.
2. Works shall be grouped financial year-wise.
161
PROFORMA – II
Sr. Financial Year Actual Updated Average of Page No.

No. Turnover value to last three
of the current years
Works year
1 2 3 4 5 6
NOTE: The above figures shall tally with the audited balance sheets
uploaded by the tenderers duly certified by Chartered Accountant.
162
PROFORMA III
At least similar works as stated in Para “A” of Post Qualification

Sr. Name of Name of Cost of Date of Stipulated Actual date Remarks
No. the the the issue of Date of of explaining
Project Employer Project Work CompletionCompletion reasons
Order for the
delay if
any
1 2 3 4 5 6 7 8
Note: Scanned Attested copies of completion/performance certificates

from the Engineer-in-charge for each work should be annexed in support
of information furnished in the above proforma.
163
PROFORMA – IV
Personnel
Name Work Experience

(Prime No. of Name of
Sr.
Post Candidate/ Qualification Years projects
No.
Alternative)
1 Project
manager
2 Technical
Representative
3 Site Engineer
4 Site Supervisor
Note:- Scanned Attested copies of qualification certificates and details of work

experience shall be submitted /uploaded.
164
PROFORMA – V (Not applicable)
Machinery (For special works only)
Proforma –V/A
Sr. No. Equipment Number Owned/Leased/
Assured access
Proforma –V/B
Sr. No. Equipment Number Owned
Note: The tenderer shall furnish/upload the requisite scanned Attested

documents of ownership/leased of machineries. The undertaking from
the supplier will not be accepted.
165
PROFORMA – VI
Name of Hire the services of Dumpers under Disaster Management for
the work:- City, Western Suburb & Eastern Suburb Division for a period
of 180 days.
PROFORMA – VI A
Details of existing commitments & Ongoing Works
Place Contract Name & Value of Scheduled Value of Anticipated
no. & Address the date of remainin date of
date of the contract completion g work completion
employ in Rs. to be
er complete
d
PROFORMA – VI B
Details of work for which bids are already uploaded
Descript Place Name & Value of Time Date on Remarks

ion of Address of the Period which
work the contract decision is
employer in Rs. expected
Note:-Scanned Attested copies of certificates from the Engineer-in-charge for

each work shall be annexed.
166

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E – Tender for

Name of the work

“Hire the services of dumpers under Disaster Management

Due Date – 05/04/2023

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

SECTION DESCRIPTION Pg. No.

1 E-TENDER NOTICE 3-9

2 ELIGIBILITY CRITERIA 10-14

5 E-TENDER ONLINE SUBMISSION PROCESS 20-23

6 INSTRUCTIONS TO APPLICANTS 24-50

7 SCOPE OF WORK 51-52

8 BILL OF QUANTITIES 53-55

9 GENERAL CONDITIONS OF CONTRACT 56-115

11 FRAUD AND CORRUPT PRACTICES 129-133

12 PRE-BID MEETING 134-135

13 LIST OF APPROVED BANKS 136-140

15 ANNEXURE AND PROFORMAS 148-166

Brihanmumbai Municipal Corporation (BMC) invites e-tender on item

In terms of the 3 stage system of e-tendering, a Bidder will be

Group III 19,000/-

Group VII 16,100/-

8. Group VIII 20,200/-

The Municipal Commissioner reserves the right to reject all or any

The Applicants interested for the above referred works may

Group II Rs. 22,100/-

Group III Rs. 19,000/-

Group IV Rs. 17,600/-

Group VI Rs. 17,200/-

Group VII Rs. 16,100/-

Group VIII Rs. 20,200/-

Date of issue and sale of tender 28.03.2023 from11:00Hrs

Opening of Packet A & B 06.04.2023 after16:00Hrs

Opening of Packet C (Online) 10.04.2023 after 11.00hrs

The tenderer(s) in their own name should have satisfactorily executed

Three similar Two similar completed One similar

GI 4,41,600/- OR GI 5,51,900/- OR GI 8,83,100/-

G II 4,41,100/- G II 5,51,400/- G II 8,82,200/-

G III 3,78,300/- G III 4,72,800/- G III 7,56,500/-

G IV 3,51,000/- G IV 4,38,800/- G IV 7,02,000/-

GV 3,43,100/- GV 4,28,800/- GV 6,86,100/-

G VI 3,42,200/- G VI 4,27,700/- G VI 6,84,300/-

G VII 3,21,200/- G VII 4,01,500/- G VII 6,42,400/-

G VIII 4,03,800/- G VIII 5,04,700/- G VIII 8,07,500/-

The value of executed works shall be brought to current costing level

2 Group II Rs. 6,61,700/-

3 Group III Rs. 5,67,400/-

4 Group IV Rs. 5,26,500/-

5 Group V Rs. 5,14,600/-

6 Group VI Rs. 5,13,300/-

7 Group VII Rs. 4,81,800/-

8 Group VIII Rs. 6,05,600/-

The value of each year’s turnover shall be brought to current costing

Note:- The bidder shall disclose the litigation history in packet

The terminology of e-Tendering is solely depending upon policies in

I. Before entering in to online tendering process, the contractors should

II. Transfer from R3 (registered contractors with BMC) to SRM

III. Online Self Registration (Temporary registration for applicant not

IV. CONTRACTORS BIDDING: Applicant will Quote and Upload Tender