E – Tender for

“Work of Maintenance of Computerized Electronic Weighbridges at

Deonar Dumping Ground.”

Website – [Link]/tenders

Due date:- 06.06.2022

Office of the
[Link] Engineer (SWM) Project,
BMC, 2nd, 3rd & 4th floor,
Bai Padmabai Thakkar Marg,
Kotwadi, Mahim (Shivaji Park),
Mumbai–400016

Prepared by Checked by Approved by

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

S.E. (SWM) Pr. A.E. (SWM) Pr. E.E. (SWM) Pr. [Link].E.(SWM)Pr.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 1
 INDEX

SECTION DESCRIPTION PG. NO.

1 E-TENDER NOTICE 3-6

2 ELIGIBILITY CRITERIA 7-9

3 DISCLAIMER 10-12

4 INTRODUCTION 13-14

5 E-TENDER ONLINE SUBMISSION PROCESS 15-18

6 INSTRUCTIONS TO APPLICANTS 19-35

7 SCOPE OF WORK 37-38

8 BILL OF QUANTITIES 39-41

9 GENERAL CONDITIONS OF CONTRACT 42-75

10 SPECIFICATIONS 76-84

11 FRAUD AND CORRUPT PRACTICES 85-88

12 PRE-BID MEETING 89-90

13 LIST OF APPROVED BANKS 91-94

14 APPENDIX 95-102

15 ANNEXURE 103-113

16 PROFORMA 114-119

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 2
 SECTION 1

E-TENDER NOTICE

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 3
 BRIHANMUMBAI MUNICIPAL CORPORATION
SOLID WASTE MANAGEMENT PROJECT DEPARTMENT
Chief Engineer (Solid Waste Management) Project
E-TENDER NOTICE
Subject: “Work of Maintenance of Computerized Electronic Weighbridges at Deonar
Dumping Ground”.

The Brihanmumbai Municipal Corporation (BMC) invites e-tender 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. Bidding Process will comprise of THREE stages percentage
basis.
The application form can be downloaded from BMC's portal
([Link] on payment of Rs.1900/-+18% GST. 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) Fore-Tendering registration, enrollment 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, Safescrypt, IDRBT, National informatics
center, TCS,CUSTOMS, MTNL, GNFC and e- Mudhra CA.
Name of Work Contract Period Estimated Cost
“Work of Maintenance of 1 year i.e. 12 Calendar Months
Computerized Electronic from the date of receipt of Rs. 16,49,954.03
Weighbridges at Deonar LoA/SAP PO whichever is earlier
Dumping Ground.’’

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 is Rs.33,000/-, EMD 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 ([Link] 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 vendor’s document online in Packet A & B. Packet A, B & C shall be opened on

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 4
 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 [Link]. (SWM) Project. 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 the BMC Portal.
([Link]
The Applicants interested for the above referred works may contact the Chief Eng.
(SWM) Project at the following address on any working day during office hours.
Chief Engineer (SWM) Project,
BMC, 2nd, 3rd & 4th floor,
Bai Padmabai Thakkar Marg,
Kotwadi, Mahim (Shivaji Park),
Mumbai–400016
Email: swmprojectmcgm@[Link]

The applicants may wish to visit the site under reference and can collect the
information of the present status from the department who has invited the bids.
The BMC reserves the rights to reject any 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. ([Link]

Sd/-
[Link].(SWM) Project

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 5
 HEADER DATA

Bid No. T-4/7200032085

Brihanmumbai Municipal Corporation

Name of Organization

“Work of Maintenance of Computerized Electronic

Subject
Weighbridges at Deonar Dumping Ground”
Cost of Tender Rs.1900/-+ 18% GST
Rs.16,49,954.03
Estimated Cost

Bid Security Deposit /

Rs. 33,000/-
EMD
Bid validity 180 Days
Date of issue and sale of
27.05.2022 from 11:00 Hrs
tender
Last date & time for sale of
06.06.2022 up to 12:00 Hrs
tender
Receipt of Bid Security
Deposit & Submission of
06.06.2022 up to 16:00 Hrs
Packet A, B & Packet C
(Online)
Pre-Bid Meeting
Opening of Packet A & B 07.06.2022 after 16:00 Hrs
Opening of Packet C 09.06.2022 after 12:00 Hrs
Chief Engineer (SWM) Project,
BMC, 2nd, 3rd & 4th floor,
Bai Padmabai Thakkar Marg,
Address for communication
Kotwadi, Mahim (Shivaji Park),
Mumbai–400016
Email: swmprojectmcgm@[Link]
Venue for opening of bid Online in [Link].(SWM) Project’s office

This tender document is not transferable.

The BMC reserves the rights to reject any or all the application received for above subject
without assigning any reason thereof.

Sd/-
[Link].(SWM) Project

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 6
 SECTION 2

ELIGIBILITY CRITERIA

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 7
 ELIGIBILITY CRITERIA
1. Technical Capacity

The tenderer(s) shall be Original Equipment Manufacturer (O.E.M.) or an authorized

dealer of electronic weighbridge. The O.E.M. or the authorized dealer shall have service
centres in Mumbai Metropolitan Region and address shall be uploaded. In case of dealer,
authorization letter from Original Equipment Manufacturer shall be uploaded. The
tenderer(s) in their own / O.E.M’s name should have satisfactorily executed the work of
similar nature or currently executing the work of similar nature in BMC /Semi Govt.
/Govt. / Public Sector/ Private Organizations during last seven (7) years ending last day
of month previous to the one in which bids are invited as a prime Contractor (or as a
nominated sub-Contractor, where the subcontract had involved similar nature of work as
described in the scope of works in this bid document, provided further that all other
qualification criteria are satisfied). Similar work shall mean, the bidder in Original
Equipment Manufacturer name or in their name shall have satisfactorily completed the
work of “Supply, Installation, Testing & Commissioning of minimum 30 M.T. capacity
Computerized Electronic Weighbridges for any Government / Semi-Government
Organizations / Public Sector Undertakings/ Private Organizations.”

Three similar completed OR Two similar completed OR One similar completed

works each of value not works each of value not work of value equal
less than the value less than the value and or not less than
equal to 20% of estimated equal to 25% of the 40% of estimated
cost. estimated cost. cost.

Rs.3.30 Lakhs Rs. 4.12 Lakhs Rs. 6.60 Lakhs

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.
2. Financial Capacity
Achieved an average annual financial turnover as certified by ‘Chartered Accountant’
equal to 30% of the estimated cost i.e. Rs.4.95 Lakhs of work in last three (3) financial
years immediately preceding the Financial Year in which bids are invited.
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.

Note:- The bidder shall disclose the litigation history in packet ‘B’ under the head
“Details of Litigation History”.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 8
 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 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.
.
Even though the bidders meet the above qualifying criteria, they are subject
to be disqualified if they have:
 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.
3. 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 region within 90 days from the
date of issue of LOA.
4. Joint Venture:-
Joint Venture is not allowed in this tender.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 9
 SECTION 3

DISCLAIMER

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 10
 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 the 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. The Brihanmumbai Municipal
Corporation (BMC) accepts no responsibility for the accuracy or otherwise for any
interpretation or opinion on law expressed here.
The 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 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 11
 way with pre-qualification of Applicants for participation in the Bidding Process. The
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.
The 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 the 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 the 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 The 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 the 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 for submission of the
Application, regardless of the conduct or outcome of the Bidding Process.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 12
 SECTION 4

INTRODUCTION

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 13
 Background:

The Brihanmumbai Municipal Corporation covers an area of [Link] 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
centers 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 Greater 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, the 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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 14
 SECTION 5

E-TENDERING ONLINE
SUBMISSION PROCESS

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 15
 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.
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 R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 16
 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.
9. For commercial details (in Packet C) contractors will fill data in Item Data tab in
Service Line Item via details and quotes his “Percentage Variation” (i.e.% quoted)
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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 17
 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 centers in BMC Ward Offices.

The e-tender is available on BMC portal, [Link] 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 Ch. Eng. (SWM) Project.

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 [Link]

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 18
 SECTION 6

INSTRUCTIONS TO APPLICANTS

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 19
 1. Technical Capacity

The tenderer(s) shall be Original Equipment Manufacturer (O.E.M.) or an authorized

dealer of electronic weighbridge. The O.E.M. or the authorized dealer shall have service
centres in Mumbai Metropolitan Region and address shall be uploaded. In case of dealer,
authorization letter from Original Equipment Manufacturer shall be uploaded. The
tenderer(s) in their own / O.E.M’s name should have satisfactorily executed the work of
similar nature or currently executing the work of similar nature in BMC /Semi Govt.
/Govt. / Public Sector/ Private Organizations during last seven (7) years ending last day
of month previous to the one in which bids are invited as a prime Contractor (or as a
nominated sub-Contractor, where the subcontract had involved similar nature of work as
described in the scope of works in this bid document, provided further that all other
qualification criteria are satisfied). Similar work shall mean, the bidder in Original
Equipment Manufacturer name or in their name shall have satisfactorily completed the
work of “Supply, Installation, Testing & Commissioning of minimum 30 M.T. capacity
Computerized Electronic Weighbridges for any Government / Semi-Government
Organizations / Public Sector Undertakings/ Private Organizations.”

Three similar completed OR Two similar completed OR One similar completed

works each of value not works each of value not work of value equal
less than the value less than the value and or not less than
equal to 20% of estimated equal to 25% of the 40% of estimated
cost. estimated cost. cost.

Rs.3.30 Lakhs Rs. 4.12 Lakhs Rs. 6.60 Lakhs

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.
2. Financial Capacity
Achieved an average annual financial turnover as certified by ‘Chartered Accountant’
equal to 30% of the estimated cost i.e. Rs.4.95 Lakhs of work in last three (3) financial
years immediately preceding the Financial Year in which bids are invited.
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.

Note:- The bidder shall disclose the litigation history in packet ‘B’ under the head
“Details of Litigation History”.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 20
 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 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.
.
Even though the bidders meet the above qualifying criteria, they are subject
to be disqualified if they have:
 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.

A. 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 after award of contract.
B. Joint Venture:
Joint Venture is not allowed in this tender.

C. Equipment Capabilities as required for this work:

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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 21
 successful bidder will make the arrangements of the required equipment/vehicles &
manpower 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.
Bidders shall submit the undertaking for equipment/vehicle/manpower
capability and other undertakings as such on separate Rs.500/- stamp paper .

D. TIME PERIOD OF THE PROJECT:

The time period of work is 1 year i.e. 12 Calendar Months from the date of receipt of
LoA/SAP PO whichever is earlier that includes Monsoon. Further, it is mentioned that
the contract period for the above subject work is subjected to the time to time
directions given by Hon’ble High Court, Mumbai in the hearings of PIL 217/2009.

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.

The program for completion of work for the 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
program submitted by the Contractor.

E. Contract Execution:-
All required documents for execution of the contract shall be submitted within 30
days from the date of receipt 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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 22
 F. If the amount of the contract deposit & ASD to be paid is not paid within 30 days
from the date of receipt of Letter of Acceptance, the tender/contract already accepted
shall be considered as cancelled legal steps be taken against the contractor for
recovery of the amounts.

G. 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 installments 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 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 23
 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.
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 therefor 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.

H. 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 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 24
 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 25
 Submission of Tenders

PACKET – A
The Packet ‘A’ shall contain scanned certified copies of the following
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) Valid Bank Solvency Certificate of Rs.7.5 Lakhs not more than six months old from
due date of the tender and valid up to one year.
c) 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
d) 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.
e) 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 period of three working days
otherwise they will be treated as non-responsive.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 26
 PACKET – B
The Packet ‘B’ shall contain scanned certified copies of the following
documents-
a) The list of similar type of works as stated in para ‘Technical Capacity’ in section-2
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 ‘Technical Capacity’ in section-
2.
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 construction 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 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. Details of works in hand (Proforma V-A & V-B) (original), along with copies of work
orders & attested copies of percentage of works completed or part thereof.
ii. The undertaking of Rs.500/- stamp paper as per the proforma annexed in
‘Annexure B & C’
Note: - Bidders shall submit the undertaking for machinery / equipment / vehicle /
manpower capability and other undertakings as such on single Rs.500/- stamp
paper.

iii. The tenderers shall upload work plan as per the following outline:

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 27
 1. GANTT chart/BAR chart / CPM 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 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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 28
 PACKET – C

Online tender filled in either percentage plus or minus (above or below), or at par. (There
is no separate provision to quote % in physical form, this is a part in Header Data of
online Tendering). For Packet ‘C’ tenderer (s) will fill data in ‘Item Data Tab’ in Service
Line Item via Details and quotes his percentage variation figures. (If entered ‘0’ it will
be treated as ‘at par’. By default the value is zero only).

Note: In case of rebate/premium of 15% and above as quoted by the tenderer, the
rate analysis of major items shall be submitted by L1 and L2 bidder after demand
notification by e-mail to bidders by concerned [Link]. Eng. The format for rate
analysis is annexed at Annexure D.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 29
  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
centres 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 of L-2 and downward bidder(s)(i.e. L-3,L-4…) 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 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 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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 30
 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 & Sales Tax (GST) Registration Certificate
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. Wrong calculation of Bid Capacity,
c. No proper submission of experience certificates and other documents, etc.
d. No proper submission of Litigation History
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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 31
 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 Demand Draft or Government securities or Fix
deposit receipts or BANK GUARANTEE equal to Five (5) percent of the contract sum
shall be paid within thirty days from the date of issue of letter of acceptance.

B. Refund of Contract Deposit

The Contract 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 that the final year BG
shall be valid further 6 months from the completion of contract period.
b. It shall be the responsibility of the bidder to keep the submitted B.G. “VALID” for the
stipulated time period in the tender.
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 upto 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 32
 until the Contractor has executed and completed the works and remedied any defects
therein.

C. Additional Security Deposit:

The additional security deposit will be applicable when a rebate of more than of 12 % at
the rate of with no maximum limit. The ASD is calculated as follows:
Additional security deposit = (X/100) x office estimated cost, Where
X=percentage rebate quoted above 12%
The ASD shall be paid online in the ASD tab for bidders in e-tendering system before
submission of the bid.

D. Refund of Additional Security Deposit:

The additional security deposit shall be released within 30 days of issue of
‘Certificate of Completion’ with respect to the whole of the Works. In the event the
Engineer issues a Taking-over Certificate for a section or part of the permanent Works,
only such proposition thereof as the Engineer determines (having regard to the relative
value of such section or part of the Works) shall be considered by the Engineer for
payment to the Contractor.

E. 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 (currently the amounts
mentioned here are as per circular issued by legal section u/no.10318 dtd 24.03.2022)

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/-

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 33
 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/-

F. 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 :

A Where the amount or value set forth in Five Hundred rupees stamp duty
such contract does not exceed rupees
ten lakh.
B Where it exceeds rupees ten lakhs Five hundred rupees plus 0.1%
of amount above rupees ten
lakhs subject to the maximum of
Rs. twenty five Lakhs stamp
duty.
C Stamp duty on BG 0.5% on amount of BG paid by
successful contractor.
ii. The successful bidder shall enter into a contract agreement with BMC within 30 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 34
 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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 35
 IMPORTANT DIRECTIONS
1. All the information uploaded shall be supported by the corroborative documents in
absence of which the information uploaded will be 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 [Link]\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 swmprojectmcgm@[Link]. 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 [Link].(SWM)Project.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 36
 SECTION 7

SCOPE OF WORK

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 37
 BRIHANMUMBAI MUNICIPAL CORPORATION
SOLID WASTE MANAGEMENT - PROJECT
Subject: Maintenance of Computerized Electronic Weighbridges at Deonar
Dumping Ground.

Scope of Work

The scope of the work includes maintenance of the weighbridges at Deonar

Dumping Ground. At present, the weighbridges at Deonar Dumping Ground are
being operated & maintained under a contract awarded by BMC. The said contract
is on the verge of exhaustion. Maintenance of the weighbridge is vital with respect
to the use & its daily wear and tear. The maintenance of the weighbridge is also
crucial in regards to the authentic and genuine parts used during maintenance
which ensures the life of the weighbridge. It is therefore decided to invite
independent e-tenders for the work of Maintenance of Computerized Electronic
Weighbridges at Deonar Dumping Ground through Original Equipment
Manufacturer or their authorized dealers.

The work shall include the comprehensive maintenance of the weighbridges by

carrying out routine, periodical and breakdown maintenance. The contractor is
also responsible to carryout necessary calibration and stamping of the weighbridge
as required under Weights & Measures Act of Maharashtra Govt. as per their time
schedule

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 38
 SECTION 8

BILL OF QUANTITIES

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 39
 BRIHANMUMBAI MUNICIPAL CORPORATION
SCHEDULE (BILL) OF QUANTITIES AND RATES
Subject: Work of Maintenance of Computerized Electronic Weighbridges at Deonar
Dumping Ground
Sr. Description Rate/Unit Quantity Unit Total Cost
No. (in Rs.) (in Rs.)

a b c d e f=cXd

1 Comprehensive Maintenance of Computerized Electronic Weighbridges

i Service Charges for 30138.08 12 Months 361,656.90

Maintenance of
Computerized Electronic
Weighbridges at Deonar
Dumping Ground as
specified in Technical
Specification.

GST 18%(9%CGST+9%SGST) 65,098.24

Total Cost (A) in Rs. Inclusive of GST 426,755.14

ii Stamping of Weighbridge 4200 3 Job 12,600.00

for three WB (Minimum
Rate of Rs. 4200.00 to
be quoted as per Govt.
charges for Stamping &
Calibration of
Weighbridges as per
norms)

Total Cost (B) in Rs. 12,600.00

2 Weighbridge Items (if Required)

i Supply & Installation of 72331.38 3 Nos. 216,994.14

of Load Cell type 302X
Avery India or
Equivalent for 1 no. 40
M.T capacity.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 40
 ii Load Cell type strain 35640 8 Nos. 285,120.00
gauge Compression Type
Load Cells based
SS304, IP69 protection,
hermetically sealed
compression type or
equivalent for 2 nos 60
M.T capacity.

iii Supply & Installation of 26521.51 3 Nos. 79,564.52

LED indicator

iv Structural Repairs, 181.76 2000 Kg 363,528.00

Replacement of Platform
like Replacement of
Damaged Iron Plates,
Channels, Angles of
Platform including
Welding, Gas Cuttings &
Hardware required for
the Work and Painting
and labour charges.

v Weigh bridge / Load Cell 181.76 300 Mtr 54,529.20

Cable Replacement

vi IP Camera for WMS 4276.8 3 Nos. 12,830.40

system

vii 50Mbps internet 13365 1 Job 13,365.00

connection charges

Total (C) 1,025,931.26

GST 18%(9%CGST+9%SGST) 184,667.63

Total Cost (C) in Rs. Inclusive of GST 1,210,598.88

Total Cost in Rs. (Subtotal (A) + (B) +(C)) 1,649,954.03

Note –

1. The bidder shall refer Section 10: Clause X) – Detailed Part List for detailed
breakup of BOQ.
2. For information purpose only, shall not be filled and submitted above BOQ with
tender Actual rates. It is to be filled online in Price bid.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 41
 SECTION 9

General Conditions of Contract

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 42
 General Conditions of Contract

A. General
1. Definitions

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 –

 In the case of item rate contracts, the cost of the work arrived at after finalization 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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 43
  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.

The Defects Liability Certificate is the certificate issued by the Engineer, after the
Defect Liability Period has ended and upon correction of Defects by the Contractor.

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 / 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.
[Link]/[Link]. 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 44
 Engineer / the Special Engineer or any other 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 five
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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 45
 The Start Date/Commencement Date It is the date when the Contractor shall
commence execution of the Works.

Variation means a change to the:-

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 some other authorities for

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 46
 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
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 is not allowed.

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.
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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 47
 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

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 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 48
 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 & his 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. Its 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 bill. If the contractor fails to produce the documents of insurance then one
percent of the contract amount will be recovered from the contractor’s bill and remitted
towards insurance premium.

13. Site Investigation Reports

13.1. 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.

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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 49
 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 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 50
 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.
16. The Works to be completed by the Intended Completion Date
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 Programmed
submitted by the Contractor, as updated with the approval of the Engineer, and
complete them by the Intended Completion Date.

17. Safety
17.1. 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.

17.2. 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.

18. Instructions
18.1. The Contractor shall carry out all instructions of the Engineer, which comply with
the applicable laws where the Site is located.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 51
 18.2. 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.
18.3. 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 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
19. Delays Ordered by the Engineer
19.1. The Engineer may instruct the Contractor to delay the start or progress of any
activity within the Works. Delay/delays totaling more than 30 days will require prior
written approval of the DMC/AMC.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 52
 20. Management Meetings
20.1. 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.
20.2. 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
21. Identifying Defects
21.1. The Engineer shall check the Contractor's work and notify the Contractor of any
Defects that are found. Such checking shall not affect the 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.
21.2. 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.
22. Correction of Defects
22.1. The Engineer shall give notice to the Contractor of any Defects with respect to the
equipment/vehicle/work during the contract period.
22.2. 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.
22.3. 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.
23. 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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 53
 D. Cost Control
24. 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 Variations, unless followed by written confirmation, shall not be taken into account.
25. Payments for Variations
25.1. 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.
25.2. The rate for Extra/Excess shall be governed by clause 10.A of Standard General
Condition of Contract.
26. 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 monthly statement within 14 days and
certify the amount to be paid to the Contractor.
c. The value of work executed shall be determined, based on VTMS & such IT related
systems developed by the BMC.
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 Engineer
In-Charge. The charges to be made in the bills shall always be entered at the rates
specified in tender.
27. Payments

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 54
 27.1. 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.
27.2. 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.
27.3. 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
unskillful 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.
28. 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.
29. 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. It is clearly understood that
BMC will not bear any additional liability towards payment of any Taxes & Duties.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 55
 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.
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 regards
bidder shall mandatorily submit undertaking on Rs. 500 bond paper as per ‘Special
Annexure-A’.

30. Currencies
All payments will be made in Indian Rupees.
31. 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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 56
 E. Finishing the Contract
32. Completion of Work:-
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.
33. Final Account
Contractors should submit the final bill within 1 month of physical completion of the
work. 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.

34. 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.
35. Termination
35.1. The Employer or the Contractor may terminate the Contract if the other party
causes a fundamental breach of the Contract.
35.2. Fundamental breaches of Contract shall include, but shall not be limited to, the
following:
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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 57
 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.
35.3. 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.
35.4. Notwithstanding the above, the Employer may terminate the Contract for
convenience.
36. Payment upon Termination
36.1. 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 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.
36.2. 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.
37. 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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 58
 F. Other Conditions of Contract
38. 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.

39. 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 at work.

d) The employees of the Contractor in no case shall be treated as the employees

of the BMC at any point of time.

40. Drawings and Photographs of the Works

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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 59
 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.

41. 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.
42. 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 60
 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.
43. 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.
44. Acknowledgment by Applicant
It shall be deemed that by submitting the Application, the Applicant has:
44.1. Made a complete and careful examination of the tender;
44.2. Received all relevant information requested from the Authority;
44.3. 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
44.4. 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.
45. 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 R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 61
 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 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.

46. 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.
47. 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. The
Authority will forward all the queries and its responses thereto, to all purchasers of
the TENDER without identifying the source of queries.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 62
 “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 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.
48. 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.
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

49. 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.

50. 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 63
 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.
51. 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.
52. 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.
53. 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 statutory entity and/
or the Authority or as may be required by law or in connection with any legal process.
54. 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 64
 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.
55. 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
climatic conditions.
2. 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 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.
3. 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.

56. Official Secrecy:

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 65
 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.
57. 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.
58. 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.
59. Payments, Tax and Claims:
a. 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-change within 1 month of the case of such claim
occurring.
b. 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 66
 difference or claim or misunderstanding between the Brihanmumbai Municipal
Corporation 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.
60. Settlement of Disputes:
a. 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.
b. 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 67
 charge of Finance Department. The Municipal Commissioner within a period of 90
days after being requested to doso 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 & 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.

61. 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.

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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 68
 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.
62. 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.

63. 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.
64. Correspondence with the Applicant:

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 69
 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.
65. 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, and
such other amounts as may be deductible or recoverable in terms of the contract.
iii. The contractor shall submit all bills on the printed forms at the office of
[Link].E.(SWM)Project. The charges to be made in the bills shall always be entered at
the rates specified in tender.
66. JOINT VENTURE:-
Joint Venture is not allowed in this tender.

67. 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 unskillful 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 70
 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 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 penalization 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.

68. INTERNAL GRIEVANCE REDRESSAL MECHANISM

BMC 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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 71
 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, BMC may decide whether the bid
process is required to be suspended pending disposal of such review. The BMC after
examining the application and the documents available to him, give such reliefs, as may
be considered appropriate and communicate its decision to the Applicant and if required
to other bidders or prospective bidders, as the case may be.
BMC shall deal and dispose off such application as expeditiously as possible and in
any 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 BMC fails to dispose off the application within the specified period or if the
bidder or prospective bidder feels aggrieved by the decision of the procuring entity, such
bidder or prospective bidder may file an application for redressal before the ‘Internal
Procurement Redressal Committee’ within 7 days of the expiry of the allowed time or of
the date of receipt of the decision, as the case may be. Every such application for
internal redressal before Redressal Committee shall be accompanied by fee of
Rs.25,000/- fee shall be paid in the form of D.D. in favour of BMC
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 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 72
 Redressal Committee(GRC) with D.M.C. and further proceeding will be carried out
through registrar appointed by BMC.
No application shall be maintainable before the Redressal Committee in regard of
any decision of the M.C.G.M. 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.

69. 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 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.

70. 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 73
 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 provide all necessary measures & precautions to protect the
public from accident and shall also be bound to bear the expenses of defense 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 the contractor be paid for compromising any claim by
any such person.
71. Prevention of Fire:
The contractor shall not set fire to any standing jungle, trees, brushwood or grass or
waste.
72. 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.
73. 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.
74. Action where no specifications:
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.
75. 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 74
 the contractor forthwith and be included without 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.

76. 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 mosquito genic 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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 75
 SECTION 10

Specifications

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 76
 BRIHANMUMBAI MUNICIPAL CORPORATION
TECHNICAL SPECIFICATION & OTHER TERMS
Sub : Maintenance of Computerized Electronic Weighbridges at Deonar Dumping
Ground

Preamble: - BMC is operating three nos. of weighbridges at Deonar Dumping Ground.

There are 01 No.40 MT WB capacity & 2 nos. of Computerized Electronic Weighbridges
of 60 MT WB capacity. The weighbridges are installed and commissioned in the year
2013 & 2019 respectively. The weighbridges at DDG are used for weighment of MSW /
debris vehicles entering and leaving DDG in order to record the daily incoming and
outgoing quantity of Municipal Solid Waste (MSW) / debris of the DDG. Deonar
Dumping Ground is receiving 600-700 MT garbage / MSW and also 1200-1400 MT
debris per day which are coming from various, Municipal wards and other BMC depts.
Following are details of the no of incoming and outgoing vehicles at the 3 nos.
weighbridges of DDG along with the total load of MSW received,
Sr. Deonar Approx. daily Qty of Avg. No. of Avg. No. of
No. Dumping MSW received (in Incoming vehicle outgoing vehicle
Ground M.T.) trips to be weighed trips to be
(in Nos.) weighed (in Nos.)

1 Refuse/MSW 600-700 150-200 150-200

2 Debris 1200-1400 100-150 100-150

Site Details:
Deonar Dumping Ground,
Opp. Eastern Express Highway,
Near Deonar Octroi Check Naka, Deonar (East) Mumbai-43

Scope of Work:-
The scope of the work includes maintenance of the weighbridges at Deonar Dumping
Ground. At present, the weighbridges at Deonar Dumping Ground are being operated &
maintained under a contract awarded by BMC. The said contract is on the verge of
exhaustion. Maintenance of the weighbridge is vital with respect to the use & its daily
wear and tear. The maintenance of the weighbridge is also crucial in regards to the
authentic and genuine parts used during maintenance which ensures the life of the
weighbridge. It is therefore decided to invite independent e-tenders for the work of
Maintenance of Computerized Electronic Weighbridges at Deonar Dumping Ground
through Original Equipment Manufacturer or their authorized dealers.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 77
 The work shall include the comprehensive maintenance of the weighbridges by carrying
out routine, periodical and breakdown maintenance. The contractor is also responsible
to carryout necessary calibration and stamping of the weighbridge as required under
Weights & Measures Act of Maharashtra Govt. as per their time schedule
“It is mandatory that the contractors should have the valid license issued by the
Weights & Measurement Department (i.e. Legal Metrology Dept.) of any State of
India for Operation & Maintenance of Weighbridge and should submit it along with
the tender”.
1. Maintenance:- The contractor shall carryout routine maintenance of weighbridge system
twice a week (preferably on Monday & Friday) at Deonar Dumping Ground. The
weighbridge system shall include the weighbridge load cells, weighbridge platform,
mechanical and electrical parts and weighment indicator. The contractor shall make
necessary arrangement for attending all the breakdown (if any). The routine maintenance
record register shall be properly maintained and submitted to BMC from time to time.
The contractor shall also compulsorily stack 50% of the weighbridge items required
during breakdown maintenance of all the 3 nos. of weighbridges at the DDG to avoid
time loss during breakdowns.
The contractor is responsible for carrying out Stamping of the Weighbridge for accuracy
stipulated under the “Standards of Weights and Measures Acts & Rules” as in-force
(Stamping of all the 3 nos. of Weighbridge shall be carried out by Competent Authority as
per the norms). The cost towards such calibration and arrangement for this work
including Dead Weights loading, unloading, extra manpower shall be included in cost
quoted. The stamping & calibration should be followed as per the norms of ‘Legal
Metrology Department’.
The routine maintenance of load cells, weighbridge platform, junction boxes etc. shall be
carried out. The junction boxes shall be properly covered to avoid the deposition of dust.

2. Breakdown Maintenance:-
The contractors shall carryout breakdown maintenance and attend the faults / cause for
breakdown immediately at Deonar Dumping Ground within 3 hrs of the breakdown time
so as to have minimum possible interruption in weighing of vehicles.
a) The contractor shall inspect the weighbridge main structure, M.S. Structure,
Platform Plates, Constrainers, Weighment Indicators, Angles etc. The contractor
shall carryout any breakdown maintenance such as failure of plates, angles,
channels etc. immediately. While carrying out repair or any maintenance work
care shall be taken to isolate all the four load cells to prevent any damages to

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 78
 them being sensible elements. In-fact, contractors shall constantly monitor the
condition of main platform and its associate structural members and keep
informed to the Site in-Charge to avoid major breakdown of the M.S. Structure. It
is expected that the contractors shall submit the maintenance / repairs programs
for the main platform and its cross plates in advance (at-least 1 month) to avoid
the main platform or the plate breakdown.
b) The Contractor shall immediately attend the breakdown due to failure of load cell.
While replacing load cell, care should be taken to properly isolate the load cell.
Contractor shall readily possess the stock of the load cell to avoid the delay in
procurement in case of failure of the load cell. The load cell to be used shall be of
good quality, O.E.M. make and shall be got tested before its installation. The
certificate of load cell manufacturing company shall be submitted to BMC. The
contractor shall maintain preventive and breakdown maintenance register and the
same shall be mutually signed by contractor & Site Engineer. The copy of the said
register shall be submitted along with the running bill.
Contractor shall note that it is the sole responsibility of the contractor for any
breakdown/damages/shutdown to the weighbridge system occurred due to site activities
or any disaster like fire, cyclone etc.
3. Spares:-
The contractor shall keep minimum 50% stock of spares for weighbridge system and
should make available at site as and when required during the period of one year of
maintenance. The spares shall be kept ready to reduce the down time while attending
breakdown. However, whenever any spare is consumed for any breakdown, the
contractor shall procure the fresh spare and may keep ready the same in stock again.
The contractor shall envisage the quantity of spares required for all the above works
mentioned under routine and breakdown maintenance in contract period and include
the cost as mentioned in BOQ accordingly.
4. General Terms-
a. The subject work shall be carried out as per the directives of the concerned
S.E./A.E. at respective DDG’s or any other authorized staff of DDG or anyone
assigned by the Chief Engineer (Solid Waste Management).
b. It will be the responsibility of the contractor to produce routine maintenance
register and the breakdown register duly verified and signed by concerned
responsible staff of DDG & concern records along with the monthly bill. On
completion of the contract, the complete system shall be handed over to BMC’s
representative after showing satisfactory working of the entire weighbridge system.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 79
 c. The contractors shall have to furnish the material guarantee on Rs.100/- non-
adhesive stamp paper for the period of 1 year for Load Cell, Constrainer and
Weight Indicators etc.
d. Stamping & Calibration of the electronic weighbridge – The tenderer shall be
entirely responsible for carrying out the Stamping & Calibration of the weighbridge
from the Weights & Measures Dept. of Govt. of Maharashtra by doing required
follow up with the said dept. through their valid license holders. The tenderer
shall be also responsible for making arrangement of the stable load required
during the calibration process without any extra cost. After receipt of the
Calibration Certificate the same shall be laminated and attached/displayed at the
weighbridge office. (Stamping of all the 03 nos. of Weighbridge shall be carried out
by Competent Authority as per norms).
e. BMC will issue necessary letter to weight and measurement department for
calibration and stamping of weighbridges. However, the necessary charges shall
be borne by the successful bidder.
f. The contractor shall submit the details of the staff employed, with their name,
address, age and qualification certificates to the DDG authorities for verification,
prior to start of this contract and as and when demanded by BMC authority of
RTS.
g. The record in any format asked by BMC for DDG or any other purpose shall be
submitted by the contractor duly attested by him.
h. The Municipal Commissioner reserves the right to terminate the contract after
giving 15 days notice without assigning any reason and contractor shall have no
claims whatsoever It is mandatory for the bidders to submit the undertaking on
Rs 500/- Stamp paper that the contractor shall not be entitled for any
compensation/ claim from BMC whatsoever
i. In case of non submission of the record in any format asked by BMC for DDG or
any other purpose by the contractor duly attested by him, penalty of Rs.25,000/-
per incidence will be imposed.
5. Contract Period:
The contract period for the Maintenance of Computerized Electronic Weighbridges at
Deonar Dumping Ground is of one year i.e. 12 Calendar Months (including monsoon
period) from the date of receipt of LOA/Purchase Order whichever is earlier.
Further, it is submitted that the contract period of the above subject work will be
subjected to the directions received time to time from Hon’ble High Court, Mumbai in the
ongoing PIL 217/2009 & other connected matters.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 80
 6. Payment Terms:
The payment for the weighbridge items in BOQ shall be made as per requisition and after
supply, installation, testing and commissioning of the same. Payment shall be made on
Monthly basis. The payment shall be made within 30 days from the date of submission of
the monthly bill to BMC subject to
1) Routine, Preventive and breakdown register duly signed by site staff &
contractor
2) Monthly Summary sheet stating the status of working/non-working
weighbridges duly signed by S.E. /A.E of the respective DDG.
7. Penalty:-
In the event of following lapses while executing the contract the appropriate penalty as
mentioned will be recovered from the contractor.
i. If the weighbridge is non working for more than 03 hrs., penalty of Rs 2,000/- per
hour will be imposed on the contractor thereafter until the weighbridge is repaired
and made functional.
ii. The appropriate penalty corresponding to the loss incurred to the corporation will
be recovered from the contractor in case of any discrepancy is noticed in the
weight indicated. The above discrepancy shall be attended in maximum of four
hours duration or otherwise a penalty equivalent to Rs.150/- per ton of the excess
weight noticed for the number of vehicles weighed in that particular shift up to the
time of attending the fault will be recovered.
iii. The contractor will be penalized suitably as per the loss incurred to BMC in case
the calibration / stamping of the weighbridge are delayed.
iv. In case the contractor fails to carryout Routine maintenance twice a week then the
penalty of Rs.1000/- per instance shall be imposed on the contractor.
v. The contractor shall install weighbridge digital display for each weighbridge. The
display shall be such that the weight shall be easily seen to the outside person.
The location for fixing the digital display shall be approved from the BMC staff and
failure to which Rs. 100/- per hour per digital display indicator will be imposed
on the contractor.
vi. 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 failing to which Rs.
5000/- per shift will be imposed on the contractor from the date of receipt of
notice.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 81
 8) The detailed Part list for Maintenance of Weighbridges is mentioned below. Apart from
below part list, the contractor shall arrange / provide spares / parts / services, if
needed, as per requirement and no extra payment will be claimed by the successful
contractor.
Detailed Part list for Maintenance of Weighbridges
Comprehensive Maintenance of Computerized Electronic
I
Weighbridges

Sr.
Description Per Qty
No.

Service Charges for Maintenance of

Computerized Electronic
1 Weighbridges at Deonar Dumping Month 12
Ground as specified in Technical
Specification.

Stamping of Weighbridge for three

WB (Minimum Rate of Rs. 4200.00 to
2 be quoted as per Govt. charges for Job 3
Stamping & Calibration of
Weighbridges as per norms)

II Weighbridge Items (if required)-

Supply & Installation of Load Cell

1 type 302X Avery India or Equivalent Nos. 3
for 1 no. 40 M.T capacity.

Load Cell type strain gauge

Compression Type Load Cells based
2 SS304, IP69 protection, hermetically Nos. 8
sealed compression type or equivalent
for 2 nos 60 M.T capacity.

Supply & Installation of LED

3 Nos. 3
INDICATOR

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 82
 Structural Repairs, Replacement of
Platform like Replacement of Damaged
Iron Plates, Channels, Angles of
4 Platform including Welding, Gas Kg 2000
Cuttings & Hardware required for the
Work and Painting and labour
charges.

Weigh bridge / Load Cell Cable

5 Mtr 300
Replacement

6 IP Camera for WMS system Nos. 3

7 50Mbps internet connection charges Job 1

SELECTION OF MATERIAL
1. All materials brought on the site of work and meant to be used in the same,
shall be the best of their respective kinds and to the approval of the Engineer. The
Engineer or his representative will accept that the materials are really the best of
their kinds, when it is proved be-yond doubt that no better materials of the
particular kind in question are available in the market.
2. The contractor shall obtain the approval of the Engineer of samples of all
materials to be used in the works and shall deposit these samples with him before
placing an order for the materials with the suppliers. The materials brought on the
works shall conform in every respect to their approved samples. Fresh samples
shall be deposited with the Engineer when-ever the type or source of any material
changes.
3. The contractor shall check each fresh consignment of materials as it is
brought to the site of works to see that they conform in all respects to the
Specifications of the samples approved by the Engineer, or both.
4. The Engineer will have the option to have any of the materials tested to find
out whether they are in accordance with the Specifications and the Contractor will
bear all expenses for such testing. All B bills, vouchers and test certificates, which
in the opinion of the Engineer or his representative are necessary to convince him
as to the quality of the materials or their suitability shall be produced for his
inspection when required.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 83
 5. Any materials that have not been found to conform to the specifications will
be rejected forthwith and shall be removed from the site by the contractor at his
own cost within 24 hours.
6. The Engineer shall have power to cause the Contractors to purchase and
use such materials from any particular source, as may in his opinion be necessary
for the proper execution of the work.
7. Notwithstanding the source, the sand shall be washed using sand washing
machine before use.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 84
 SECTION 11

Fraud & Corrupt Practices

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 85
 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 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 86
 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.
C. “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.&
E. “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.
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 giving14days 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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 87
 iv. “Collusive practice” is an arrangement between two or more parties designed to
achieve an improper purpose, including to 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, noncompetitive levels.
x. A “party” refers to a participant in the procurement process or contract execution.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 88
 SECTION 12

Pre Bid Meeting

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 89
 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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 90
 SECTION 13

List of Approved Banks

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 91
 LIST OF APPROVED BANKS

1. The following Banks with their branches in Greater Mumbai 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 Hyderabad.
3 State Bank Of Mysore.
4 State Bank Of Patiyala.
5 State Bank Of Saurashtra.
6 State Bank Of Travankore.
B Nationalized Banks
7 Allahabad Bank.
8 Andhra Bank.
9 Bank Of Baroda.
10 Bank Of India.
11 Bank Of Maharashtra.
12 Central Bank Of India.
13 Dena Bank.
14 Indian Bank.
15 Indian Overseas Bank.
16 Oriental Bank Of Commerce.
17 Punjab National Bank.
18 Punjab & Sindh Bank.
19 Syndicate Bank.
21 Union Bank Of India.
22 UCO Bank.
23 Vijaya Bank.
24 Corporation Bank.
C Scheduled Commercial Banks
25 Bank Of Madura Ltd.
26 Bank Of Rajasthan Ltd.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 92
 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 Indusind 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 Karur Vysya Bank Ltd.
40 LaxmiVilas Bank Ltd.
41 Nedugundi Bank Ltd.
42 Ratnakar Bank Ltd.
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-opBanks
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 Janata Sahakari 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 ABMAMRO (N.Y.) Bank.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 93
 68 American Express Bank Ltd.
69 ANZ Grindlays Bank Ltd.
70 Bank Of America N.T. &S.A.
71 Bank Of Tokyo Ltd.
72 Bank in dosuez.
73 Banque Nationale 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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 94
 SECTION 14

Appendix

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 95
 FORM OF TENDER

To,

The Municipal Commissioner for Greater Mumbai

Sir,

I/ We have read and examined the following documents relating to the work of
______________ ___________ ______________ ______________ y
______ ________ ________ _____ ______ __________ _________ _____ ____ _______
i. Notice inviting tender.
ii. Directions to tenderers (General and special)
iii. General condition of contract for Civil Works of the Municipal Corporation of Greater
Mumbai as amended up to date.
iv. Relevant drawings
v. Specifications.
vi. Special directions
vii. Annexure A and B.
viii. Bill of Quantities and Rates.
1. A) 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).
1. B) 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.”

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 96
 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._______________________________________________________
)

I/We have deposited the amount through online payment gateways with the C.E. of the
Corporation not to bear interest

4. 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.
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 connec-tion
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 Bom-bay
Iron and Steel Labour Board’ and fulfill all the obligatory provisions of Ma-harashtra

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 97
 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 Municipal Corporation of
Greater Mumbai 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 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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 98
 1. .......................................... ............................................
2. .......................................... Name of Bank
3. ......................................... ............................................
4. ......................................... Name of Branch
5. ......................................... . ...........................................

Vendor No.

............................................

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 99
 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 Director(E.S.&P.) (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 Director (E,S.& P)of the
second part and the Municipal Corporation of Greater Mumbai (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 ten-der
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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 100
 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)
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) 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. .... City/ WS/ ES

_______________________
_______________________
D.M.C.(SWM)
The Common seal of the Municipal Corporation of
Greater Mumbai was hereunto affixed on the

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 101
 …………...... 20 in the presence of two mem-bers
of the Standing Committee.
1. 1.

2. 2.

And in the presence of the Municipal Secretary Municipal Secretary

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 102
 SECTION 15

Annexure

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 103
 Annexure “A”

Name of Work: “Work of Maintenance of Computerized Electronic Weighbridges at

Deonar Dumping Ground.”

1. The Engineer for this work Chief Engineer (SWM)Project

2. Description of work “Work of Maintenance of Computerized Electronic
Weighbridges at Deonar Dumping Ground”

3. Earnest Money Deposit- Rs.33,000/-

4. Contract Period:- As mentioned in the specifications

Signature of Tenderer
Name & Style of

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 104
 Special Annexure – A

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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 105
 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

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 106
 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 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:
A. “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 ;
B. “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;
C. “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
D. “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.

Signature of Tenderer/Bidder

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 107
 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 con- tract.
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.

Signature of Tenderer/Bidder

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 108
 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 BRIHAN MUMBAI (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 THE 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 /or the contract. The B.G. is
valid up to___________” Notwithstanding anything what has been stated above, our

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 109
 liability under the above guarantee is restricted to Rs._________ only and guarantee shall
remain in force up to_________ 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_______________________________ the duly constituted Attorney Manager

And address__________________________

The Bank and the said Messer’s ______________________________________________

_______________________ (Name of the Bank)

WITNESS (1) _____________________

Name_____________________________

And address_______________________

WITNESS (2) _____________________

Name____________________________

For Messer’s_______________________

And 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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 110
 Annexure- D

Rate Analysis

Item Description

Sr. Description of rate analysis Unit Quantity Rate Amount

No. parameters
1 Work of Maintenance of
Computerized Electronic
Weighbridges at Deonar
Dumping Ground
2

3
4
5
6
7 Total of all components
8 Overhead & profit
9 Total (7+8)
10 Per unit rate

Sign & seal of the Tenderer

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 111
 Annexure “E”

(Work of Maintenance of Computerized Electronic Weighbridges at Deonar

Dumping Ground)

(BID NO. )

GRIEVANCE REDRESSAL MECHANISM

Procuring Entity, M.C.G.M. has formed a 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, may within a period of 10 days or any such other
period, as may be specified in the pre-qualification document, bidder registration
document or bidding documents make an application for review of such decision or
action to procuring entity senior most Dean with Pharmacologist / [Director (M.E.&M.H.)
for medical tenders, Director (E.S.&P.) and/or concerned D.M.C. for Engineering
Department, concerned D.M.C. for the other tenders]. While making such an application
for review, aggrieved bidders or prospective bidders shall clearly specify the ground or
grounds in respect of which he feels aggrieved.

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

BMC shall deal and dispose of 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 BMC fails to dispose of 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 ‘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 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 BMC.

Procurement Redressal Committee will consists of not less than three members including
its Chairman who shall be the retired Judge of High Court and two members of the
Committee will be from the field of Public Procurement and experience at senior level in
Public Administration or Public Finance or Management or Engineering or Specific
Project or Management of Public Sector Enterprises.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 112
 On receipt of the application, the Committee shall after giving opportunity of hearing to
the procuring entity, BMC as well as the Applicant, determine the issue taking into
consideration the rules and guidelines as well as tender conditions, terms of the pre-
qualification, bidder registration or bidding document, as the case may be and
communicate its recommendations including corrective measures to be taken to BMC
and to the Applicant within 15 days, if necessary, the Committee may held more sittings
to dispose the application.

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

decision of the BMC relating to following issues:

 Determination of need of procurement

 The decision of whether or not to enter into negotiations.

 Cancellation of a procurement process for certain reasons.

The Procurement Redressal Committee may recommend to the procuring entity the
suspension of the procurement process pending disposal of the application, if in its
opinion, failure to do so, is likely to lead miscarriage of justice.

On receipt of recommendation of the Committee, Municipal Commissioner will

communicate his decision thereon to the Applicant and to the Committee within 15 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.

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.

Yours faithfully,

(Signature with Date, Name & Designation)

For and on behalf of M/s. ___________

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 113
 SECTION 16

Proforma

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 114
 PROFORMAS:-

PROFORMA – I

The list of similar works as stated in Similar Work of Post qualification during last seven
years–

Name of Stipulated Actual date Actual

Sr. Name of the
the Date of of Cost of
No. Project
Employer Completion Completion Work Done

A B C D E F

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.

PROFORMA – II
Yearly turnover of works during last three years

Sr. Financial Actual Turnover Updated value Average of last Page No.
No. Year of the Works to current year three years

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.
2. If the final audited balance sheet of 2021-22 is not available then the bidder can
submit provisional balance sheet duly certified by Chartered Accountant

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 115
 PROFORMA III

At least similar works as stated in similar work Para of Post Qualification

Sr Name of Name of Cost of Date of Stipulated Actual date Remarks

.N the Project the the issue of Date of of explaining
o. Employer Project Work Completion Completion reasons for
Order the delay
if any

A B C D E F G H

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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 116
 PROFORMA – IV

Machinery
A. Leased/Assured Access
[Link]. Equipment Number Leased/Assured
Access

B. Owned
[Link]. Equipment Number Owned

Note:-The tenderer(s) shall furnish/upload the requisite Scanned Attested documents of

ownership/leased of machineries. The undertaking from the suppliers will not be
accepted.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 117
 PROFORMA – V
Details of Existing Commitments & Ongoing Works
A. Ongoing Works
Place Contract Name & Value of Schedule Value of Anticipate
no. & date Address the d date of remaining d date of
of the contract completi work to be completion
employer in Rs. on completed

B. Commitments

Description Place Name & Value of Time Date on Remarks

of work Address of the Period which
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.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 118
 PROFORMA - VI / A

Details of Existing Commitments and ongoing works –

Value of
Schedule
Descrip Contract Name & Value of work Anticipated
d Date of
tion ofPlace No. & Addresses of Contract in remaining date of
completio
work Date employer Rs. to be completion
n
completed

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 the support of information furnished in
the above proforma.

PROFORMA - VI / B

Details of works for which bids are already uploaded –

Name & Value of Date on which

Description Time
Place Addresses of Contract decision is Remarks
of Work Period
employee In Rs. expected

1 2 3 4 5 6 7

Note: Scanned Attested copies of certificates from the Engineer-in-charge for each work
shall be annexed.

B R I H A N M U M B A I M U N I C I P A L C O R P O R A T I O N ( S W M P R O J E C T D E P T . )
Page 119