FILE22821TENDER39777TS1477377050183

TENDER-39777/AMENDMENT-0/25-Oct-2016 12:00:49 PM
Company Name : MSPGCL

Unit Name : KORADI THERMAL POWER STATION (KRD-TPS)
Kindly go through the details, In case of any problems/ issues related to the reported data email to
cegenkoradi@mahagenco.in
TENDER DETAILS
Tender Code
Mode
Is Over All
Tender Type
Tender Category Type
Section
Type Of Bid
Material Description
Estimated Cost [In Rupees]
Submission Date
Tender Validity
Delivery Period
Tender Fees [In Rupees]
EMD [In Rupees]
Contact Email Id
Commencement Period
Basis Of Prices
Sample Required
Deviation
39777
Quantity Contract
No
Open
SUPPLY
TM
Two Bid
Procurement of Control Oil Filter elements for TDBFP
570000.0
Tuesday, 8 November, 2016 3:00:00 PM
180 Days
45 Days
1150.0
9200
cegenkoradi@mahagenco.in
7 days from 'Letter of award'
Firm Price
Not Required
Yes
BID OPENING DETAILS
Techno-Commercial Bid
Price bid
Will be declared later

Will be declared later
TENDER DOCUMENTS
Total Number of documents : 10
Page 1 of 38
TSIT Rev: 00 Date: 28/10/2014
Maharashtra State Power Generation Co Ltd

This Section-I is applicable to all MAHAGENCO Tenders
INSTRUCTION TO TENDERERS FOR SUPPLY
1.
Tender Form is Not Transferable

The tender documents duly filled-in and digitally signed, are to be submitted online before due date &
time of the submission of tender
TENDERER participating in tender opening process by login at the specified time and date of opening of
the tender, if he desires so.
The TENDERER is requested to quote his lowest rates F.O.R. destination for the supply of materials.
Please upload the documents wherever requested for conformance. Documents which are uploaded at
registration level and are still valid may not be uploaded and only reference may be indicated.
The material is required at PURCHASERs location as specified in Section-V
SCOPE OF WORK:
The scope of work under this tender is for design, engineering (wherever applicable), manufacture,
inspection & testing before despatch, packing and forwarding supply of material / equipments as
specified in Tender documents.
2.
REQUIREMENT FROM TENDERERS:

2.1.
a)
The TENDERER has proven experience of design, manufacture, testing and supply of similar
material / equipment, which are in operation on the date of submission of the tender.
b)
The TENDERER does not anticipate change in the ownership during the proposed period of
contract. If such a change is anticipated, the scope and effect thereof shall be defined.
2.2.
The above stated requirements are a minimum and the PURCHASER reserves the right to request for any
additional information / data and also reserve the right to reject the proposal of any tender, if in the
opinion of the PURCHASER, the qualification data is incomplete or the TENDERER is found not qualified to
satisfactory perform the contract.
2.3.
Besides the above requirements, the TENDERER shall also fulfil the Qualifying Requirements laid down in
the Section-III & special terms & conditions specified in Section-V of tender document. The TENDERERs
who do not fulfil the above Qualifying Requirements including the qualifying conditions specified in the
tender documents, the tender shall be summarily rejected.
2.4.
Besides the above requirements the TENDERER shall also fulfil the qualifying Requirements laid down in
the special terms & conditions wherever specified. The TENDERER who do not fulfil the above qualifying
Requirements including the qualifying conditions specified in the tender documents, the tender shall be
summarily rejected.
The TENDERER should be a Registered Vendor for MAHAGENCO. The registration process is as displayed
at the site https://sets.mahagenco.in. It is the responsibility of the vendor to periodically update the
details uploaded by him
2.5.
3.
The TENDERER shall provide satisfactory evidence concerning that:
PRICE:
3.1.
The lump-sum price / unit rate prices quoted by the TENDERER in his tender with additions and deletions
as may be agreed to for the entire scope viz. design, engineering (wherever applicable) manufacturing,
packing and supply of the materials / equipment covered under these specifications and documents to
the PURCHASERs stores / works site and commissioning (wherever applicable) shall be treated as the
contract price. The TENDERER shall quote the price per unit covering entire scope as stated above.
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Page 2 of 38
4.
TSIT Rev: 00 Date: 28/10/2014
3.2.
The contract price shall be F.O.R. destination price. For this purpose the TENDERER shall quote Ex-Works
price and element of Freight and Insurance along with applicable rate of Excise Duty, Sales Tax / VAT will
be programmatically calculated. The PURCHASER is registered dealer under the Maharashtra Value Added
Tax Act and Central Sales Tax Act. Whenever applicable the PURCHASER shall issue C form under the
Central Sales Tax Act. In case Excise Duty / Sales Tax are not payable partially / fully, TENDERER shall
attach the documentary evidence online along with the tender.
3.3.
The TENDERER possessing more than one factory at different locations shall not submit offers with
different rates for each of his factories against one tender form purchased by him. In such an event, the
tender / tenders shall be rejected.
3.4.
Against one tender form purchased by the TENDERER, he shall submit only one offer. In case the
TENDERER desires to submit offer with different rates for each of his factories separately, he will have to
submit separate tenders for each of his factories and independently comply with all the tender conditions
including tender fee, E.M.D., IBR/BIS/ANSI/EIA/DIN/ASME/BS License etc. as applicable for each of his
offer failing which, all such offers shall be rejected. If required by the PURCHASER documentary evidences
of such licenses shall be submitted.
3.5.
TENDERER is requested to quote only single price / rate for the quantity offered by the TENDERER. The
offers with prices of the materials quoted in slab basis and / or with conditional discount on any account
viz. payment, quantity etc. shall be rejected.
3.6.
The TENDERER shall quote the delivery only in the unit of the item specified in Price bid i.e. if the quantity
is in sets or in tons or in numbers or in Kilometres or in coils, rate of delivery shall be in the same unit.
Similarly, if the TENDERER quotes combined delivery in assorted sizes for all the items, he would be
required to supply all the items ordered on him in fair proportion or particular item / items as may be
required by the PURCHASER at his option.
3.7.
The TENDERER shall quote prices in Indian Rupees only, although the material requires some imported
components, if any. The TENDERER shall arrange to import such material against his import license &
PURCHASER shall not be responsible for obtaining Import License or furnishing essentiality certificate for
import of such component of the custom duty payable on such material. The PURCHASER shall not be
liable to pay custom duty or variation thereof including the variation on account of foreign exchange rate.
The offers requiring the PURCHASER to obtain Import License or to make payment of custom duty or any
variation referred to above shall be rejected.
3.8.
The TENDERER should quote item wise price in the price bid.
3.9.
The TENDERER shall quote the prices taking into consideration the credit available on inputs under
CENVAT scheme and shall declare to pass on to the PURCHASER the amount of set off, he may receive, in
respect of duties on inputs as admissible under the law without any reservation. Further as a result of
change in the law or rules in CENVAT Scheme, if the TENDERER avails any additional set off, the same
shall also be passed on to the PURCHASER.
3.10.
Wherever required the TENDERER shall be entitled to price variation as per the price variation formula.
The offers containing any deviation in the price variation formula shall be summarily rejected.
3.11.
Prices are acceptable only on F.O.R. destination basis inclusive of Excise Duty, Sales Tax, risk in transit,
freight showing the break-up as desired in the Price Bid. It shall be noted that quotations not conforming
to FOR destination basis inclusive of Excise Duty and Sales Tax etc. and to the unit as specified in Price Bid
shall be rejected.
QUOTATION:
TENDERER shall quote price per unit. Any variation in the rates etc. will not be allowed on any ground
such as mistake, misunderstanding etc. after the date and time of submission of tender.
5.
CLARIFICATION OF TENDER DOCUMENTS:

5.1.
The TENDERER is expected to examine all instructions, forms, terms and specifications in the tender
documents. Failure to furnish all information required under the tender documents or submission of
tender not substantially responsive to the tender documents in every respect will be at the risk of the
TENDERER and may result in rejection of his tender.
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6.
7.
TSIT Rev: 00 Date: 28/10/2014
5.2.
The TENDERER requiring a clarification of the tender documents may intimate to the PURCHASER in
writing at the PURCHASERs mailing address before 5 (five) days from the date of submission of tender.
5.3.
PURCHASERs response, if any, including an explanation of the enquiry, but without identifying the source
of enquiry will be sent to the TENDERER who have purchased the tender documents.
LOCAL CONDITIONS:
6.1.
It shall be imperative on each TENDERER to fully inform himself of all local conditions and all other factors
which may have any effect on the execution of the contract covered under these documents and
specifications. The TENDERER shall also make enquiry and satisfy himself about the contingencies, risk
and other circumstances, which may influence or affect the execution of the contract as specified in this
tender specification. The PURCHASER shall not entertain any request for clarification from the tenders
regarding such local conditions.
6.2.
It is presumed by the PURCHASER that all such factors, conditions etc. have been properly investigated
and considered by the TENDERER while submitting his tender. Neither any change in the time schedule of
the contract nor any financial adjustments arising thereof shall be permitted by the PURCHASER which
are based on the lack of such clear information or its effect on the cost of the contract to the TENDERER.
DISCLOSING THE NAME OF THE MANUFACTURER:

Whenever a material is described by name of the particular brand or being offered after purchasing from
other sources, the TENDERER shall specifically disclose the name of the original supplier or the
manufacturer and the TENDERER shall not be allowed to deliver the material offered from any other
manufacturer unless the permission in writing is obtained from the PURCHASER.
8.
CONSTITUTION OF TENDERER:
The TENDERER having indicated the details such as nature and constitution of its organization viz.
whether Proprietary, Partnership, Public Ltd. or Private Ltd. Co., NSIC / SSI registration etc. at the time of
vendor registration, renewal / changes therein shall have to be uploaded by editing the vendor
registration before the due date of submission of this tender.
9.
EARNEST MONEY DEPOSIT (EMD):

9.1.
The TENDERER shall pay online, the Earnest Money Deposit as below along with the tender. The tender
without the payment of Earnest Money Deposit shall be summarily rejected. No interest shall be paid on
the Earnest Money Deposit.
9.2.
Unless the TENDERER is exempted on account of statutory directives as enlisted in clause at Sr. No.9.4
below. Earnest Money shall be paid online through payment gateway.
9.3.
Earnest Money Deposit should be @ 3% (Three Percent) of the estimated value up to Rs. 1, 75,000/- and
thereafter @ 1% of the balance estimated value. The maximum Earnest money deposit payable against
the tender shall be limited to Rs. 5, 00,000/- (Rupees Five Lakhs) or the Earnest Money Deposit value
specified in the tender document.
9.4.
Exemption of EMD: Small-scale industrial unit / NSIC

a) Small-scale industrial unit permanently registered with Directorate of Industries, Maharashtra only for
the items mentioned in their permanent registration certificate.

b) Small scale industrial unit registered with National Small Industries Corporation (NSIC) and Small
Industries Services, Institute of Govt. of India, only for the items manufactured by them and the items
mentioned in their registration certificate.
9.5.
Earnest Money Deposit shall stand forfeited In the event if:

a) Tender is withdrawn after opening of the technical bid
b) Tender is withdrawn during validity period
c) Tender is withdrawn before the TENDERER receives formal intimation of decision taken in this regard
to this tender
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TSIT Rev: 00 Date: 28/10/2014
d) TENDERER fails to accept L.O.I. (Letter of Intent)
9.6.
The successful TENDERER upon award of the contract fails to pay the security deposit of the order /
contract then the EMD amount shall be forfeited by the PURCHASER without prejudice to the right of the
PURCHASER to recover damages, if any.
10. EARNEST MONEY OF UNSUCCESSFUL TENDERER:

Earnest Money Deposited shall be refunded to the unsuccessful TENDERER as soon as possible after the
tender has been decided.
11. SIGNING OF THE TENDER DOCUMENTS:

11.1.
Offer shall be submitted online along with the tender documents and duly filled in with all sections /
Appendices / Schedules etc.
11.2.
The offer shall be signed with valid Digital signature.
12. TIMELY SUBMISSION OF OFFER:

12.1.
The tender is to be submitted online on or before due date & time of submission to the PURCHASER at
website https://sets.mahagenco.in
12.2.
It is advisable to submit the digitally signed offer sufficiently in advance of due date & time so as avoid
last minute trafficking at server. No extension will be considered on this ground.
12.3.
Offer received after the due date and time of submission shall not be accepted.
12.4.
In case, the due date of opening of tender happens to be holiday, the offer shall be opened on the next
working day at the same time.
13. SUBMISSION / SUPERSCRIBING OF THE TENDER DOCUMENTS:

13.1.
The offer is to be submitted as follows:
13.2.
Techno Commercial Bid (Part I): This part shall contain all Technical and Commercial aspects of the Bid
and documents supporting the same except the price bid.
13.3.
Price Bid (Part II): This part shall contain only the Price Bid; strictly in the prescribed format i.e. price
schedule.
13.4.
In respect of TENDERER whose techno-commercial bid is acceptable, their Price Bid shall be scheduled for
online opening.
14. QUANTITIES OFFERED:

The quantity offered should be filled in Price Bid / Price schedule, failing which offer will be treated as No
Offer and rejected.
15. INFORMATION REQUIRED WITH TENDER:

15.1.
The TENDERER shall clearly indicate his organizational structure such as manpower, financial position etc.
available for execution of contract. He shall also indicate the name of the subcontractor, if intended,
along with the full details of the sub-contractors. Such information should be furnished in separate sheet
to be attached to the offer.
15.2.
The TENDERER shall upload the relevant documents in order to fulfil Qualifying Requirements.
15.3.
In case of any deviation as regards the specification, the TENDERER shall clearly indicate in separate sheet
of technical / commercial deviation schedule.
15.4.
The TENDERER shall furnish the full address along with Telephone No. FAX, E-mail etc. for the purpose of
correspondence. The letters / Notices served or left upon said address shall be deemed to have been
served upon the TENDERER or contractor. The TENDERER shall immediately communicate and update
online the change in address, Telephone, Fax, E-mail etc., if any. Failure to intimate such change, any
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TSIT Rev: 00 Date: 28/10/2014
letter or notice served upon original address of the TENDERER shall be deemed to be received by the
TENDERER / contractor.
15.5.
Verbal statement or information furnished by the TENDERER as regards the quality, quantity,
arrangement of work or any other matter connected to the tender shall not be considered.
16. OFFERS OF SSI UNITS:

16.1.
The TENDERER registered with Directorate of Industries of Government of Maharashtra for

manufacturing the items tendered / offered and those who have attached valid certificate shall be
considered for concessions applicable. MSSIDC or MAVIM, while submitting their offer on behalf of SSI
unit, should ensure submission of copy of their registration certificate of these SSI units The SSI units from
the developing region desired to avail 33% purchase preference should submit necessary eligibility
certificate from Regional Development Authority / Implementing Agency along with certificate of
commencement of production and classification of developing region under which the unit is situated It
may be noted that if details of complete set of valid eligibility certificate from SICOM / Regional
Development Authority / Implementing Agency, duly sealed and signed, is not updated in, the TENDERER
shall not be entitled for concessions applicable for SICOM / Regional Development Authority units under
the said Scheme.
16.2.
If there are any specific Government directives such as reservation of items for units in Maharashtra, noneligibility of preference to SSI units etc. for particular items, price and purchase preference etc. the same
would be applicable irrespective of the fact that it has not been specifically incorporated in the tender
notice and/or tender documents.
17. DELIVERY OF THE EQUIPMENT/S:

17.1.
The standard delivery period of the material will be 60 (sixty) days from date of issue of purchase order.
17.2.
Wherein if required, TENDERER should quote clear delivery schedule specified in tender document
Section-V.
17.3.
Delivery schedule which directly or indirectly affects the Conditions of Tender & Supply shall be liable for
rejection.
17.4.
Wherever is applicable, it is mandatory on the part of the TENDERER to quote the delivery on monthly
basis. If offered delivery is indicated on quarterly basis, then the delivery would be counted
proportionately in three equal instalments per month for liabilities of the contract including payment of
price variation and levy of liquidated damages.
17.5.
Wherever is applicable, Size mix for the purpose of delivery, when delivery is quoted in assorted items,
shall be determined by the Purchaser while issuing the PO or despatch instructions and will be binding on
the TENDERER. The Purchaser will also have liberty of modifying the size mix for the purpose of delivery
rates, even after the PO is issued.
17.6.
Wherever is applicable, Offer shall not be accepted if the commencement period and rate of delivery per
month is not indicated.
18. FILLING IN OF PRICE SCHEDULE:

TENDERER is requested to ensure that the comments against each and every item / clause of Price
schedule / Section shall be clearly filled in and answered. Any item / clause shall not be left blank or
unanswered. If any item / clause are not applicable, the words Not Applicable shall be written against
it.
19. EVALUATION OF OFFER:

19.1.
The TENDERER whose offer is techno-commercially accepted by MSPGCL will be considered for opening
of price-bid.
19.2.
The L1 FORD price (*Landed price) of tendered item received amongst techno-commercially accepted
bids will be considered for awarding the contract for above item/items.
As per Maharashtra State Government MVAT Act, Finance Department Notification No. VAT 1507/CR93/Taxation-1 Dtd. 21.01.2008 u/s 8(5) & Finance Department No. VAT 1511/CR-54/Taxation-1 Dtd.
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TSIT Rev: 00 Date: 28/10/2014
27.04.2011, as MSPGCL is engaged in generation of Electricity is eligible to exempt from payment of tax in
excess of Five percent (@5%).
* The landed price for bidders offering supply with MVAT shall be worked out considering set-off of the
MVAT admissible against the supply.
* The landed price for bidders offering to supply against CST shall be same as F.O.R. destination price
offered by them.
20. MANDATORY REQUIREMENT OF SUBMISSION OF OFFER:

The offer shall be submitted online duly filled in, attaching all the required documents, completed in all
respects and should be digitally signed.
21. LANGUAGE OF THE TENDER:

The tender filled in by the TENDERER and all correspondence & documents relating to the tender
exchanged between the TENDERER and PURCHASER shall be written in English language. Any document
furnished along with the tender in a local vernacular language shall be accompanied with the English
translation.
22. AMMENDMENT OF THE TENDER:

At any time prior to the date of opening of the tender, the PURCHASER may for any reason, whether at its
own initiative or in response to a clarification required by the TENDERER, modify the tender documents
by an amendment which will be notified by e-mail to all the prospective TENDERERs who have received
the tender documents and will be binding on them. PURCHASER may at its discretion extend the date of
opening of the tender.
23. DISREGARD OF TENDER CONDITIONS:

23.1.
The PURCHASER reserves the right to reject any tender, which does not conform to any of the conditions
/ instructions etc.
23.2.
Tender containing any deviations / additions / alterations / changes in the conditions of tender and
supply as stated in Section I/II/III & Qualifying Requirements shall not be acceptable.
23.3.
The TENDERER having digitally signed all the tender documents indicates any deviations / additions /
alterations / changes in the covering letter, unrelated annexure, schedules of the offer or elsewhere, the
same shall be ignored and the offer shall be treated as meeting with all specified tender conditions.
24. EXAMINATION OF TENDERS:

24.1.
The TENDERER shall furnish all the data, drawings and other information / documents as per schedules
attached to this specification, duly signed with the seal of the company, as a token of acceptance.
24.2.
The PURCHASER reserves the right to reject any offer for lack of any data as called for in the schedules
and particularly in the technical details.
24.3.
After the opening, the PURCHASER shall examine the tenders to determine whether they are complete,
whether required confirmations have been furnished, whether the documents have been properly signed
and whether the tenders are generally in order, whether the essential / special terms and conditions are
agreed.
25. POLICY FOR TENDERS UNDER CONSIDERATION:

25.1.
The tenders shall be deemed to be under consideration immediately after they are opened and until such
time the official intimation of award / rejection is made by the PURCHASER to the TENDERERs.
25.2.
While the tenders are under consideration, the TENDERERs and / or their representatives or other
interested parties are advised to refrain from contacting by any means, the PURCHASER and / or his
employees / representatives on matters related to the tender under consideration. The PURCHASER, if
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necessary, shall obtain clarifications on the tender by requesting for such information from any or all the
TENDERERs in writing, as may be necessary.
25.3.
All unsolicited correspondence, discussions etc. by the TENDERER after opening of the price bid shall be
treated as post tender development / information and shall not be considered for tender evaluation
purpose.
26. ACCEPTANCE OF TENDER:

26.1.
The PURCHASER does not bind itself to accept the lowest or any tender neither will any reasons be
assigned for the rejection of any tender or part of tender. It is also not binding on the PURCHASER to
disclose any analysis report on tender / samples. The TENDERER on the other hand binds himself to
supply any item or items selected from his offer in part or whole at the option of the PURCHASER.
26.2.
The PURCHASER shall reserve the right to place an order for any quantity in excess to the extent of 50%
or any less quantity, of the quantities offered by the TENDERER. The quantity specified may be for
despatch and delivery to destination(s).
27. AMBIGUITY IN QUOTATION OR DEVIATIONS:

The TENDERER shall ensure that he should quote the tender in clear terms and only fill in the blanks
wherever required. Any ambiguity in the terms and conditions may lead the rejection of tender. The
TENDERER should note that there shall be no deviation in respect of the following terms specified in
tender documents and the deviation if any; the tender shall be liable for rejection.
a) Payment of Earnest Money Deposit
b) Payment of Security Deposit
c) Liquidated damages
d) Terms of Payment
e) F.O.R. destination prices
f) Guarantee
g) Period of validity of offer
h) Jurisdiction of Court
i)
Default of contractor & termination thereof
j) Non-compliance of special Condition specified

k) Price Variation formula
28. WITHDRAWAL OF INVITATION OF TENDER:

The PURCHASER reserves its right to withdraw the invitation of tender at any time before its acceptance
is communicated to the successful TENDERERs.
29. AUTHORIZATION TO DIGITAL SIGNATORY:

While submitting the bids online only valid digital certificate issued to the firm can be used. In case, the
digital certificate is compromised or the person holding the digital certificate is no longer authorized to
digitally sign the tender, it is the responsibility of the TENDERER to revoke this certificate and obtain the
fresh certificate. The TENDERER is responsible for all the contractual liabilities & responsibilities thereof.
30. NOTIFICATION OF AWARD OF CONTRACT:

The notification of Award of contract shall be communicated to the successful TENDERER by Letter of
Award (LOA) by email or registered post or hand delivery or Fax as the PURCHASER deems it fit which
shall be followed by letter of confirmation by registered post. It shall be noted that the contract shall be
concluded on notification of award of contract.
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31.
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VALIDITY OF THE TENDER:

The TENDERER shall keep the offer valid for acceptance up to and including last date of calendar month,
covering the date of completion of 180 days (One hundred eighty days) from the date of opening of the
tender and shall also agree to extend the period of validity required by the PURCHASER. The TENDERER
will not be allowed to modify or change the conditions of the tender while extending the period of
validity.
32. PROCEDURE FOR SUBMISSION OF TENDER

32.1.
The TENDERER shall note that all Sections / Price Schedule etc. to be submitted online along with the
tender duly signed by digital signature.
32.2.
Failure to follow this procedure shall render the tender incomplete and shall be liable for rejection.
_____________________________
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TSTC Rev: 00, Date: 28/10/2014

This Section-II is applicable to all MAHAGENCO Tenders
GENERAL REQUIREMENTS, TERMS & CONDITIONS FOR TENDER SUPPLY
1.
DEFINITION OF TERMS:
The following words shall have the meanings herein assigned to them unless there is something in the subject or
context inconsistent with such construction:
1.1.
1.2.
shall mean Maharashtra State Power Generation Co. Ltd.

The
shall mean the TENDERER whose tender has been accepted by the
and permitted assigns.

1.3.
Sub-Contract shall mean the person other than the Contractor named in the Contract for any part of the
work or any reason to whom any part of the Contract has been sublet by the Contractor with the consent
in writing of the Engineer and shall include the legal representatives, successors and permitted assigns of
such person.
1.4.
shall mean the officer appointed & duly authorized by

the PURCHASER to act for the purposes of the Contract by PURCHASER.
1.5.
/ material shall mean and include any plant, equipment, stores, and materials to be
provided by the Contractor under the Contract.
1.6.
The
shall mean the whole of the premises, buildings, and grounds in or upon which the plant,
work(s) is/ are to be provided, executed, erected, done or carried out.
1.7.
The
shall mean the letter of Intent / Award, Letter of Acceptance of Tender and shall include
the conditions of Contract , specifications, schedules, tender, guarantee, drawings and any further
conditions which may be specifically agreed between the parties as forming a part of the Contract.
The Specifica
l conditions and the
schedules and annexure thereof, if any.
n the place of work used by the
manufacturer, the Contractor, or sub-Contractors for the performance of the works.
1.8.
1.9.
1.10.
shall mean the official notice / letters issued by the

PURCHASER notifying the Contractor that his tender has been accepted.
1.11.
shall mean the sum named in the Contract agreement subject to such additions thereof
or deductions there from as may be made under the provisions herein after contained.
1.12.
shall mean the personnel deputed by the Contractor or any other

manufacturer who has supplied the materials or under whose supervision the installation of the
equipment is to be carried out.
1.13.
shall mean such test as prescribed in the Contract and as instructed by the Engineer to
be performed by the Contractor before the works are finally accepted by the PURCHASER ready for
commercial use complete with all items to the satisfaction of the Engineer.
1.14.
shall mean the first successful operation of the equipment after all the initial
adjustments, trials etc., cleaning, and re-assembly required at site, if any, have been completed and the
equipment is made ready for commercial use.
1.15.
shall mean the period during which the Contractor shall remain liable for repair /
replacement of any defective part of the works performed under the Contract.
1.16. `Shipping' or ` Shipment' shall mean transport by Rail or Road of all the plant & equipment covered by
works site.
1.17.
shall mean the Gregorian calendar month.
1.18.
unless herein otherwise expressly defined shall mean calendar day or day of 24 hours
each.
1.19.
shall include any manuscript, under or over signature and / or seal as the case may be.
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1.20. Consignee shall mean the name and the place of the office of the PURCHASER as intimated in this
tender, where the supply for the items/materials covered in the contract is to be delivered by the
TENDERER.
2.
INTERPRETATION:
2.1.
Words importing the singular only shall also include the plural and vice versa, where the context is
required.
2.2.
individuals, whether incorporated or not.
2.3.
3.
Terms and expressions not herein defined shall have the same meaning as are assigned to them in the
Indian Sale of Goods Act (1930) failing that in the Indian Contract Act (1872) and failing that in the
General Clauses Act (1897).
EFFECT OF CONTRACT:
The Contract shall be considered as having come in to force from the date of Notification of Award. The
TENDERER whose offer is accepted is herein
Supplier / Contract
4.
5.
SCOPE OF CONTRACT:
4.1.
The scope of Contract shall be the design and engineering, wherever applicable, manufacturer, inspection
and testing before despatch, packing and supply on FOR Destination basis of the materials and equipment
in accordance with the enclosed technical specification and bill of material.
4.2.
The equipment shall be complete in every respect with all mountings, fixtures and standard accessories,
which are normally supplied, though not specifically detailed herein.
4.3.
Where required, the scope of Contract shall include supervision of erection and commissioning of the
equipment including performance of the Guarantee Tests as desired by the Engineer.
CONTRACT DOCUMENT:
The term Contract document shall mean and include the following, which shall be deemed to form an integral
part of the Contract.
6.
5.1.
Tender specification of the PURCHASER, covering the instructions to TENDERERs, general terms, and
conditions of Contract, special terms and condition if any, technical specification, annexure, schedules
etc.
5.2.
Contract
the PURCHASER prior to the award of Contract
5.3.
All the data and information of any sort given by the Contractor along with his tender, subject to the
approval of the PURCHASER / Engineer
5.4.
Any mutually agreed variation to the conditions of the documents and specifications and terms and
conditions of Contract, if any in writing.
Contractor and
ASSIGNMENT AND SUBLETTING OF CONTRACT:

6.1.
The Contractor shall not assign the Contractor any part thereof or any benefit or interest therein or there
under without the prior written consent of the PURCHASER.
6.2.
The Contractor shall not sublet any part of the works without prior written consent of the PURCHASER.
6.3.
Such consent, if given, shall not relieve the Contractor from any liability or obligation under the Contract
and he shall be responsible for the acts, defaults, and neglects of any of his sub-Contract or his agents,
servants or workman as fully as if they were the acts, defaults, neglect of the Contract or, his agents,
servants or workman.
6.4.
The PURCHASER shall have the right to obtain from the Contractor any agreement in writing entered into
by the Contractor with any of his sub Contract ors of any purchase orders placed for supplies and services
in respect of the works included in the Contract, provided that the Contractor shall not be bound to
disclose the sub Contract value. The Contractor shall supply the Engineer with full technical and
commercial details of orders placed on his sub Contract ors. The technical specification of all the items
ordered on sub Contractor shall be subject to the approval of the Engineer.
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Page 11 of 38
7.
8.
TSTC Rev: 00, Date: 28/10/2014
CONTRACTOR TO INFORM HIMSELF FULLY:

7.1.
The Contractor shall be deemed to have satisfied himself as to all the conditions and circumstances
affecting the Contract price and as to the possibility of executing the work as shown and described in the
Contract. The Contractor shall be deemed to have examined the availability of all inputs, transport
facilities etc. and to have fixed his price taking into account all such relevant conditions and also the risk,
contingencies and other circumstances, which may influence or affect the supply of plant and equipment
as specified in the Contract.
7.2.
The Contractor shall be responsible for any misunderstanding or incorrect information, however
obtained, on which the Contract price has been based except the written information furnished by the
PURCHASER.
SECURITY DEPOSIT:
8.1.
The supplier shall pay security deposit @10 % of the value of the order within 15 (fifteen) days from the
date of issue of purchase order. Contractor will have to pay additional security deposit for the extension
of order if issued. If the contract is awarded to authorized dealer, the manufacturer has to submit security
deposit otherwise it shall be furnished by that authorized dealer.
8.2.
Security Deposit applicable to SSI Units in Maharashtra will be 3% (Three percent) of the order value
subject to a maximum of Rs. 50,000/Security Deposit applicable shall be as under:
a)
For the order value up to Rs. 25,000/-, no Security Deposit shall be payable by the registered
es).
b)
Small Scale Industries registered with the Directorate of Industries and Maharashtra Khadi &
Gramodyog Mandal shall be exempted from payment of Security Deposit for value of order up to R s.
50,000/-.
c)
The supplier having SSI certificate and completed 7 years from the date of commencement
production are not eligible for security deposit exemption.
d)
The SSI units having industries outside Maharashtra State will not be eligible for exemption o r
concession in the Security Deposit. They will have to pay full Security Deposit @10% of the value of
order.
8.3.
The failure to make payment of Security Deposit within 15 (fifteen) days from the date of receipt of order
as above will be viewed seriously and the Contract awarded shall be liable to be terminated at the risk
and cost of the Contractor and the Contractor shall be solely responsible for the consequences arising out
of such termination.
8.4.
The security deposit shall be paid in favour of Purchaser by way of:

a)
b)
c)
8.5.
Cash or
Demand draft on any Nationalized /scheduled bank or
When the amount exceeds Rs1,00,000/-, security deposit shall be paid either by cash or demand
draft from any Nationalized/ scheduled bank or bank guarantee in the standard form of purchaser
from any Nationalized/ Scheduled Bank valid for 90 (ninety) days from the date of expiry of the
guarantee period for last consignment of materials as specified in guarantee clause No. 25.
This Security Deposit in cash/DD or in the form of Bank Guarantee is for the envisaged performance of
the material / Contract and the same shall be liable to apportion towards amount due or becoming due
by the Supplier on
i.
ii.
iii.
iv.
His failure to execute this order or

Any other Contract
In the event of non fulfilment of the terms and conditions of the Contract and
Non completion of guarantee period of the supplied equipments/ material.
However, it is not to be construed as limiting the damages stipulated in other clauses of the contract.
8.6.
The Security Deposit shall be refunded within 90 (Ninety) days from the date of expiry of the guarantee
period of last consignment of equipment/ material supplied, specified in condition of guarantee stated
herein below at Sr. No. 25 OR within 30 (thirty) days on furnishing of contract performance deposit in the
form of cash or DD from any Nationalized/ Scheduled bank or within 30 (thirty) days from acceptance of
bank guarantee furnished by supplier which valid for completion of last consignment guarantee period.
The PURCHASER shall not be liable to pay any interest or compensation to the contractor for retaining the
deposit after the end of said period.
Page 3 of 14
Page 12 of 38
9.
10.
TSTC Rev: 00, Date: 28/10/2014
PERFORMANCE DEPOSIT (Wherever Applicable):

9.1.
The Performance Deposit shall be an amount equal to 10 % of the Contract value and shall be paid for all
the types of Contracts. If the supplier has furnished security deposit @ 10% of the value of the purchase
order, the same will be converted as performance deposit and no need to furnish separate performance
deposit against same contract. The Performance Deposit shall be paid by cash/ DD of any Nationalized/
Scheduled Bank in favour of purchaser, in the standard form of PURCHASER which shall be valid for 90
(Ninety) days from the date of expiry of the guarantee period of last consignment of material as specified
in Clause No. 25.
9.2.
The Performance Deposit shall be refunded within 90 days from the date of expiry of the Guarantee
Period of the equipment supplied. The PURCHASER shall not be liable to pay any interest or
compensation to the Contractor for retaining the deposit after the end of the said period.
9.3.
The Performance Deposit is intended to secure the performance of the Contract for Guarantee Period of
the equipments supplied. However, it is not to be construed as limiting the damages stipulated in other
clauses of the Contract.
9.4.
The payment of supplied material will be released after submission/ acceptance of performance bank
guarantee in addition to other required documents as mentioned in clause No.22.
CONTRACT DRAWINGS:
10.1. The TENDERER shall submit the drawings and bill of material confirming with the tender specification
wherever applicable. In such cases, the offers without drawings & Bill of Material shall not be evaluated
and considered for evaluation of the offer but the drawings & Bill of Material of the successful
TENDERERs shall be scrutinized when the PURCHASER decides to accept such tender.
10.2. The TENDERER shall be required to depute his representative immediately either on hearing from the
PURCHASER for discussion on drawings or after receipt of Letter of Award. The supplies against the
Contract shall confirm to the approved detailed drawings and Bill of Material along with detailed
technical specification. It may, however, be noted that PURCHASER
would not mean approval of the drawings and bill of material submitted along with tender bids.
11.
WORKMANSHIP AND MATERIALS:

11.1. All materials supplied shall be strictly as per specification laid down and in strict accordance with
approved standard samples wherever applicable. In case of materials of which there are no standard
approved sample, the supplies shall be of the best workmanship materials as far as applicable and
practicable and confirm to the latest specification of ISI, where applicable.
11.2. All materials used in the manufacture of the equipment shall be of high grade, free from defects, any
imperfection, of recent manufacture and unused.
11.3. All work shall be performed and completed in accordance with the best shop practice. Manufacture of
high grade equipment casting shall be free from blow holes, flaws, cracks or other defects and shall be
smooth, close grained and of correct dimensions. All materials, supplies, parts supplied under this
Contract shall be tested as far as reasonably practical.
12.
CONSIGNEE:
Material shall be delivered to PURCHASER s Major Store address
13.
BILL OF MATERIAL:
Before effecting despatches, the Contractor shall furnish final bill of material for each type of equipment
ordered. The bill should also carry certificate to the effect that all the material and components are
despatched out of approved bill of material. i.e. the equipment is despatched in totality.
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Page 13 of 38
14.
TSTC Rev: 00, Date: 28/10/2014
PACKING LIST:
Each packing shall contain, in waterproof cover, the detailed list indicating the order reference, date, list
of content and reference to the bill of material and enclosed in the package. Each item contained in the
package shall be described sufficiently to enable identification of the quantity, weight etc. Copy of the
packing list should be sent to the Consignee and should be enclosed with the bills along with other
documents.
15.
TEST REPORT, MANUALS & DRAWINGS:

Material test certificate are to be dispatched along with material and shall only from recognized
Government Laboratory / reputed testing lab would be acceptable. All expenses towards testing /
inspections of material shall be born by the bidder. The Contractor should ensure that a copy of the O &
M manuals and approved drawings are despatched along with the equipment itself duly packed properly
for its safe receipt.
16.
DELIVERY PERIOD:
16.1. The time stipulated in the Contract for the delivery of the plant and equipment shall be deemed to be the
essence of the Contract. The Contractor shall so organize his resources as to complete the delivery within
the stipulated date.
16.2. If sample is to be got approved before supply of bulk quantity. Sample shall be presented for site
inspection as specified from the date of issue of order. Balance quantity after approval of sample shall be
ensured within delivery period
16.3. Delivery period for the total quantity under the scope shall be from the date of issue of order
17.
PACKING, FORWARDING & TRANSPORTATION ETC .:

17.1. The Contractor shall be fully responsible for packing, forwarding the equipment by road or any other
authorized mode of transport.
17.2. The Contractor, wherever applicable, shall after proper painting, pack and crate all the equipment in such
a manner as to protect them from deterioration and damage during rail, road or any other authorized
mode of transportation to the site.
17.3. Where the equipment is to be transported by rail, the packing shall be done to railway standards. The
Contractor shall be held responsible for all damages / losses due to improper packing. While packing the
materials, the limitations from the point of view of availability of railway wagons, trailers etc. and their
size should be taken into account. It shall be the responsibility of the Contractor to obtain permission
from the concerned authorities for transport of over-dimensioned consignments.
17.4. The Contractor shall properly clean the equipment and apply an initial coat of rust inhibitor and a flat
shop coat of paint. All close-machined parts shall be covered with an approved protective coating to
prevent deterioration of surfaces during transportation and storage.
17.5. All equipments and parts susceptible to damage by exposure to moisture and all electrical equipment
shall be thoroughly protected against damage during transit and storage.
17.6. The Contractor shall notify the PURCHASER the date of each shipment from his works and the expected
date of arrival at the site for the information of the PURCHASER. The Contractor shall also give all shipping
information concerning the weight, size and content of each package including any other information the
PURCHASER may require.
18.
RAILWAY RECEIPTS AND LORRY RECEIPTS:

18.1. The RR/LR shall be forwarded directly to the Consignee. In case of late receipt of R.R. by the Consignee
due to any reasons including routing through Bank, demurrage, warfare charges and other charges etc,
shall be to the account of the Contractor.
18.2. The RR/LR shall be clear in all respects without having any remarks. Any loss to the PURCHASER due to
non-compliance of this requirement by the Contractor shall be to the account of the Contractor. In case
of Lorry Transport, care shall be taken by the Contractor to ensure that there would be no transhipment
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Page 14 of 38
TSTC Rev: 00, Date: 28/10/2014

of the material en-route. In case of Rail Transport, the route shall be chosen by the Contractor so that
transhipment is avoided.
18.3. Fax / email intimation about the despatches with all the details shall be sent to the Consignee
immediately on despatch of the material. R.R. No. or Transportation Co. and L.R. No. shall be given in the
intimation.
18.4. In case the Contractor prefers to despatch the materials by Road Transport, the materials shall be
accepted only during Office hours on working days. Unloading at Stores shall be arranged by the
Consignee. The Contractor shall ensure that the goods reach the Stores sufficiently in advance so as to
arrange their unloading during the office hours, failing which the PURCHASER shall not be liable for
unloading and for inconvenience caused to the transport Contractor in the form of detention etc.
18.5. Octroi at Destination:- Octroi charges if applicable, at destination shall be borne by the Purchaser.
19.
TRNSIT INSURANCE:
19.1.
under the Contract shall be on Contract
19.2. The insurance shall cover all modes of transport from the works to the destination stores. The
PURCHASER shall assist the Contractor on lodging insurance claims for losses / damages in transit and
promptly furnish all the necessary information for this purpose. The material shall be insured on
warehouse-to-warehouse basis with 30 days storage period. PURCHASER shall inform the losses /
damages in transit (if any) to the Supplier within 30 days from the date of receipt of material at Stores /
Site.
19.3. Prior intimation for transit insurance along with relevant details is to be informed to Director Insurance,
Govt of Maharashtra State, Gruhnirman Bhavan, MAHADA, 264, first floor, Bandra (E), Mumbai- 400051,
Fax No. 022-265902461 as well as to Consignee before dispatch of material.
20.
DEMURRAGE & WARFAGE ETC.:

20.1. It shall be the responsibility of the Contractor to obtain clear Railway Receipt / Lorry Receipt and allied
documents in order to avoid any difficulty while clearing / taking delivery of the materials. All demurrage
and warfare and other expenses incurred due to delayed clearance of the material or on any account due
to the fault of the Contractor shall be to the account of the Contractor.
20.2. Fragile and exceptional items such as insulators should be declared for charging of proper freight to avoid
rejection of claim in this account.
21.
LIQUIDATED DAMAGES FOR LATE DELIVERY:

21.1. In case the materials are not delivered within the period stipulated in the order, the Contractor will be
liable to pay at the discretion of the competent authority of the PURCHASER, the liquidated damages to
the PURCHASER.
a) Penalty for item supplied after stipulated period, 0.5% per week on the delayed material price with
upper ceiling of 10% contract value.
with various units like Numbers, Kgs, Mtrs, Rmt, Kms, Litres / KLs etc and such materials will be
utilized for operation and maintenance of the plant / equipments. Some examples are given below to
work out the penalty in case of nonFor example.
1) The PO is placed on supplier for Supply of 15 Nos. of H/HH Coal mill Journal Assembly bearings,
which are to be delivered within a period of one month.
If the supplier has supplied 12 Nos. of bearing within one month time and the balance 3Nos bearing
are supplied in say two months time, then the penalty shall be levied on 3 Nos. of bearings only (0.5%
per week on the delayed material price with upper ceiling of 10% contract value.).
2) The PO is placed on supplier for Supply of 6000 MT of Common Salt, which is to be delivered within
a period of Six months at the rate of 1000 MT per month.
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TSTC Rev: 00, Date: 28/10/2014
If the supplier has supplied 1000 MT common salt in 1st, 2nd and 3rd month and in 4th month say
supplied 950 MT instead of 1000 MT. Then the penalty will be on 4th month undelivered quantity of
50 MT only (0.5% per week on the delayed material price with upper ceiling of 10% contract value).
3) The PO is placed on supplier for Supply of 7000 Rmt of Nylon Conveyor belts for 5 different sizes.
The delivery of the belts is commencement 1000 Rmt within 2 months from the date of PO and the
completion of entire quantity with the rate of 2000 Rmt per month.
If the supplier has supplied 750 Rmt Conveyor belt within 2 months from the date of PO, then the
penalty will be levied on undelivered quantity of 250 Rmt only (0.5% per week on the delayed
material price with upper ceiling of 10% contract value).
b) Penalty for equipment, if bidder fails to supply equipment or the part of the equipment which
affected the completion of the equipment, penalty will be 0.5% of contract value per week with upper
ceiling of 10% contract value.
components put together and associated with the erection and commissioning. The example is given
below to work out the penalty in case of nonFor example:
The PO is placed on supplier for supply of complete pump set with valves, pipes and control system.
The supplier has to deliver the entire materials and also complete erection and commissioning of the
pump set within two months from the date PO.
If the supplier has supplied pump set, valves and pipes within two months and supplied the control
system in third month. As such, the pump set could not be erected and commissioned within two
months period. In such case, the penalty shall be levied on 0.5% of contract value per week with
upper ceiling of 10% contract value.
Due consideration may be given in the levy of liquidated damages for reasons absolutely beyond the
control of the Supplier, for which documentary evidence shall be produced to the satisfaction of the
Competent Authority of the PURCHASER.
21.2. The PURCHASER shall be entitled to deduct / recover the amount of liquidated damages from the current
bill payable to the Supplier or any other amount due or payable to him against this or any other Contract
.
21.3. For computing the liquidated damages for delayed supplies, the date of Railway Receipt (RR) or the date
of receipt of material at Stores in case of Road Transport (LR), shall be the date of delivery.
21.4. Force majeure clause: The stipulated Delivery Period is subject to force majeure condition like War, Earth
quake, Natural Calamities, War like conditions, Strikes (affecting the transportation, loading, unloading)
any of the unforeseen regulations by the Central / State Govt. condition absolutely beyond the control of
the Contract or, for which the Contractor shall produce documentary evidence to the satisfaction of the
authority
21.5. Performance of Contract : The PURCHASER will not be in any way liable for non-performance either in
whole or in part of any Contract or for any delay in performance thereof in consequence of strikes,
shortages, non-availability of raw materials, combination of labour or workman or lockout, break down or
accident to machinery or accidents of whatever nature, failure on the part of the Railways to supply
sufficient wagons to carry essential raw material etc. and finished products from the Stores, subject to
21.6. In case of delay in submission of sample for approval within stipulated period from date of issue of order
the penalty at the rate of % of contract value per week shall be applicable with upper ceiling 5% of
contract value shall be applicable.
21.7. Penalty for delay in submission for approval and also for delay in delivery / dispatches will be made
applicable separately
21.8. In case the Purchaser does not arrange for inspection of material within thirty (30) days from the date of
receipt of inspection call in its office, the period of delay in inspection excluding 30 days shall be
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Page 16 of 38
TSTC Rev: 00, Date: 28/10/2014

considered while calculating the liquidated damages. For computing the period taken for inspection in
such cases, the relevant dates mentioned in the inspection certificate issued by the Inspecting Officers
would be considered.
22. TERMS OF PAYMENT:

22.1. 100 % payment will be made within 45 days from the date of receipt of material at site in good condition
against Goods Receipt Notes (GRN) by the Consignee.
22.2. Payment shall be released through RTGS (Real Time Gross System) / NEFT (National Electronic Fund
Transfer).
22.3. Following documents as required in terms of order will have to be forwarded to the PURCHASER along
with bills to facilitate payment.
a) Bill / Tax Invoice (in triplicate) having TIN R.C. No. if applicable on basis of rates accepted.
b) Supplementary Invoice / Bill for price variation claim if applicable with the relevant documents in
support of P.V. claim.
c) Inspection and Test Certificate approval
d) The proof of having paid the Excise Duty as required under the prevailing rules.
e) Copy of Acceptance letter of Security Deposit & performance bank guarantee wherever applicable.
f) Packing list / Challan
g) Certificate of having dispatched Operation & Maintenance Manual, copies of Test Certificates and
approved drawings to Consignees wherever applicable.
22.4. The supplier shall forward the original R.R./L.R. direct to the consignee alongwith relevant documents.
The original bill shall be forwarded to Purchaser & In case of HO order, to GM (HO, Acctts.) MSPGCL,
Prakashgad, Bandra (E) and marked ORIGINAL. The bill should indicate the SAP PO number, ST / VAT No.
and date held by him under the Sales Tax Act. The Purchaser shall not be responsible for delay in payment
of bills if the supplier fails to comply with any of the above requirements.
22.5. In case the Supplier is a Trader, it shall be imperative for him to furnish documentary evidence of having
paid Excise Duty by the Manufacturer whose product has been offered.
22.6. The interest on delayed payment if any is not acceptable
22.7. Bank documents will not be retired if instructed to bankers to collect interest and shall be returned back
without any liability on PURCHASER account
22.8. To facilitate RTGS Payment Supplier shall furnish Name of the Bank & Branch, Bank Account No. 15 digits,
IFSC code 11 digit.
22.9. Wherever is required, The whole of the first lot as well as monthly lot when delivered in instalments, the
date of delivery and due date of payment will be counted after the receipt of the entire lot along with
following documents complete in all respect by the consignee:
22.10. Copy of invoice/challan
22.11. Packing list
22.12. Approved sample (if applicable)
22.13. Original copy of RR / LR
22.14. Inspection approval letter signed by the Inspecting Officer in Blue ink along with copies of routine /
acceptance test certificate OR copy of letter of waival of inspection as the case may be.
22.15. The Purchaser at it's discretion, shall arrange for payments as above from its own sources or
alternatively under ICICI line of credit / IDBI rediscounting scheme / D.D.S. of SIDBI as per terms of ICICI
/ IDBI / SIDBI as may be applicable, in which case, co- acceptance charges/stamp duty shall be to
Purchaser's account.
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Page 17 of 38
23.
TSTC Rev: 00, Date: 28/10/2014
TAXES AND DUTIES:

23.1.
A. Notwithstanding the fact that contract price is inclusive of excise duty and sales Tax/VAT.
a)
Excise duty shall be only on Ex-works price and shall be paid / reimbursed at actual on the
basis of due date of delivery, against documentary evidence. of Excise Gate Pass. Please
indicate present rate.
b)
Sales tax/VAT shall be paid at actuals on the basis of due date of delivery.
c)
Variation in excise duty and sales tax/VAT on bought out items shall not be entertained.
d)
Packing & Forwarding Charges: Please indicate the rates and shall be paid as per actual
limited to 2 % only against documentary evidence from registered agency.
e)
Freight charges: indicate the rates and shall be paid as per actual limited to 2 % only against
documentary evidence from registered Transport agency.
f)
Transit Insurance: Transit insurance charges shall be paid limited to 1% only against
documentary evidence
g)
Octroi : Octroi at Destination: Octroi charges shall be as applicable at Purchasers destination.
B. Structural changes in and due to `CENVAT' Scheme:

a)
In the event of any structural change occurred in the CENVAT Scheme after the date of
submission of the tender till the currency of the contract, the benefit out of such change shall
be passed on to either of the parties.
b)
In the event of `CENVAT' credit being extended by the Government of India to more items
than those already covered, the firm should advise the purchaser about the additional
benefits accrued or any variation thereof, through a letter containing the following
certificate, as may be considered necessary by the purchaser.
c)
"We hereby declare that we can avail additional duty set-offs as per latest CENVAT Scheme
in force now and we hereby give a reduction of ....per unit and agree to revise the prices
indicated in the order. The current rate of excise duty of ............................... % is payable on
this reduced price. Therefore, we request you to amend the order accordingly."
d)
The above clause shall not be applicable for traders & for those firms who quoted zero
percentage central excise duty.
23.2. The above clause shall not be applicable for traders & for those firms who quoted zero percentage
Central Excise Duty.
24.
DEDUCTION:
Any amount or amounts which become payable by the Supplier to the PURCHASER under a particular
Contract, shall be deducted by the PURCHASER from any amount(s) due or becoming due to the Supplier
under the same or any other Contract and shall be adjusted against dues to the PURCHASER.
25.
GUARANTEE:
Goods offered shall be guaranteed for a period of 12 months from the date of commissioning or 18
months from the date of despatch whichever is earlier. If the material(s) is found defective within the
above Guarantee Period should be replaced / repaired by the Supplier free of cost, within one month of
receipt of intimation. If the defective materials are not replaced / repaired within the specified period as
above, the PURCHASER shall recover an equivalent amount plus 15 % supervision charges from any of the
bills of the Supplier.
26.
REPLACEMENT OF GOODS REJECTED MATERIAL:

26.1
Notwithstanding anything herein contained, the supplier undertakes to be responsible for the safe
arrival of the materials in good condition and without any loss or damage at the final destination and
until the same be actually delivered to and received by the Purchaser at its stores or other place of
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TSTC Rev: 00, Date: 28/10/2014
final destination and for this purpose, materials carried by railways or other carrier shall be deemed
to be so carried at the risk of the supplier. In case of transit damages / shortages, the payment shall be
made only for the quantity received in good and working condition and the consignee shall lodge
claims with carriers and transfer the same to the supplier with all necessary documents for settlement
of the same with carriers at the supplier's end. The transit damages / shortages / losses reported by
the consignee shall be repaired / replaced by the supplier duly inspected, free of cost, within one
month from the date of such intimation of breakages / shortages / losses without waiting for
settlement of the claims from carrier or insurance co. etc.
26.2
27.
REPLACEMENT OF REJECTED MATERIAL:

If, on inspection at the final destination, the Purchaser discovers any loss in the materials supplied or that
they are received in damaged condition or that in the opinion of the Purchaser, they are not of the
contracted quality or specification, the Purchaser shall be entitled (notwithstanding that the property in the
materials shall have passed on to the Purchaser) to refuse to accept or reject the materials altogether and
claim damages or cancel the contract and buy its requirements from any of its suppliers, stipulating earliest
possible delivery and in accordance with its tender system against the supplier and recover the
damages if any, from the supplier from any outstanding, sums that may be due to the supplier from the
Purchaser against this contract or against any of the contract entered into with the supplier, without prejudice
to other rights and remedies available to it in law and reserving always to itself the right to forfeit the
security deposit placed by the supplier for the due fulfillment of the contract. replacement of goods shall
also have to be got inspected as per inspection clause. Further if the stores / equipment supplied
becomes incomplete on account of either rejection or short supply of its components, the complete cost
of the stores / equipment shall be recovered from supplier's bills without notice.
INSPECTION / APPROVAL OF MATERIAL SUPPLIED:

27.1. Approval / rejection for sample / bulk quantity of material shall be carried out within a week time by the
concerned engineer
27.2. The Purchaser shall have the option to carryout various tests including type tests as per specification to
ensure that the supplies conform in quality and workmanship to the relevant specification. The testing
shall be done at independent laboratory at Purchaser
27.3.
Advance intimation to the representative of Purchaser is essential if the Material is to be offered for
inspection at the manufacturing shop before dispatch. In case of non-availability of inspector of
Purchaser, material is to be dispatched with shop tests. In such cases, inspection waive-off shall be given
to supplier.
27.4. Materials shall be inspected by the Purchaser or nominated inspection agency authorized by the
Purchaser, before despatch. An intimation in the prescribed proforma about the date on which material
shall be ready for inspection, indicating approximate quantity, shall have to be given to the head of the
respective Power Station i.e. Chief Engineer/Superintending Engineer , where material is to be
dispatched or Inspection agency , so as to reach him sufficiently in advance, failing which, the supplier
shall be responsible for delay in delivery on account of inspection. On receipt of such intimation,
the materials shall be inspected within 30 days. The materials shall be despatched only after
inspection and approval of same by the Inspector. The inspection approval letter shall be valid for a
period of 15 days from the date of issue of letter to enable the supplier to pack the material and arrange
transportation thereof within the said period. After this period of 21 days, the validity of this inspection
approval letter will lapse. Thereafter, the material will have to be offered for re-inspection at the cost and
risk of the supplier. Further, the price variation shall be payable limited to the period of original call
letter or the actual date of despatch whichever is lower and the liquidated damages for late delivery shall
be levied on such delays.
27.5. The supplier shall notify the names of the consignees to whom the inspected lot would be despatched. The
Inspector shall intimate change in destination, if any, at the time of inspection approval and
accordingly the material shall be despatched. The supplier shall get the copies of inspection approval
letter together with witness certificate duly signed by the concerned Inspecting Officer IN BLUE INK
only and also mention reference of inspection approval letter on the challan / invoice, failing which any
delay occurre
27.6. When the factory tests have been satisfactorily completed at the contractor's / sub- contractors
works, the Engineer shall issue a certificate to this effect within three (3) days after 0completion of the
Page 10 of 14
Page 19 of 38
TSTC Rev: 00, Date: 28/10/2014
tests. The contractor shall make specifically clear where the materials inspection of bought o ut items /
galvanized materials is to be carried out failing which the material will be inspected at the contractor's
works only.
27.7. In all cases where the contract provided for tests whether at the premises or works of the contractor or of
any sub-contractor, the contractor, except where otherwise specified, shall provide free of charge such
items as labor, materials, electricity, the, water, Stores apparatus and instruments as may be reasonably
demanded by the Engineer or his authorized representative witnessing the tests. All test apparatus and
instruments shall be validly calibrated in recognized laboratory for their accuracy. Necessary
documentary proof shall be provided for the same.
27.8. The inspection by the Engineer and issue of inspection certificates thereon, shall in no way limit the
liabilities and responsibilities of the contractor in respect of the agreed quality assurance programme
forming a part of the contract.
27.9. Copies of the approved test reports and certificates shall be sent to the concerned consignee along
with copies of the approved drawings, 0 & M manuals and approved bill of material.
27.10. The contractor shall normally offer at a time the entire quantity required to be delivered every month as
per the delivery schedule indicated in the offer, for inspection by the Purchaser. However, in
exceptional circumstances, the supplier may be allowed to offer quantity at a time not less than 50% of
the quantity required to be delivered every month.
27.11. In the event during the inspection by the Purchaser's Inspecting Officers if it is observed that the quantity
actually offered for inspection is less than the quantity indicated for inspection in the inspection
call, the Purchaser shall be entitled to recover the actual expenses incurred by the Purchaser for
deputing its inspector for the inspection, from the supplier and the supplier shall not dispute the amount to
be recovered.
27.12. The Purchaser shall have the option to carryout various tests including type tests as per specification on
the samples selected at random from the supplies effected, to ensure that the supplies conform in quality
and workmanship to the relevant specification. The testing shall be done at independent laboratory at
Purchaser's cost. Due notice shall be given to supplier for such sample selection and such testing thereof
to enable him to be present for the same if so desired by him. If the supplier or his authorized
representative fails to attend the sample selection and testing, the same shall be carried out unilaterally by
the Purchaser and the result thereof shall be binding upon the supplier. In case the sample selected from
A.
a)
b)
For the first time failure of sample,

Supplier shall have to replace the full quantity of the respective inspected lot supplied to various
Stores and lying unused at Stores.
For the quantity already accepted against the order and used, deduction in price of 10% of the value
of material supplied shall be made
AND
B.
In respect of further supplies made against the order, if failure of sample is noticed (i.e. second
time failure against the order)
a)
b)
The quantity lying unused at various Stores shall be rejected.

For the quantity already accepted against the order and used, deduction in price of 10% of the value
of material supplied shall be made,
Balance quantity against the order including the rejected quantity shall be cancelled without any
liability on either side,
The firm will be debarred from dealing with the Purchaser upto a period of three years from the date
of rejection.
c)
d)
27.13. In case of non-availability of inspector of Purchaser, material is to be dispatched with shop tests. In such
cases, inspection waive-off shall be given to supplier by purchaser.
28.
LIFTING OF DAMAGED / REJECTED MATERIAL:

28.1. On failure to replace or repair the transit damaged or rejected material within one month from the date
of intimation as required under tender, it shall be deemed to have concluded that such material is finally
rejected. The damaged / rejected material shall be lifted by the Supplier within 30 days from the date of
receipt of notice to that effect from the concerned Consignee on reimbursement to the PURCHASER of
Page 11 of 14
Page 20 of 38
TSTC Rev: 00, Date: 28/10/2014

the cost of the material / equipment, if any, already paid in terms of payment clause in the Contract and
actual expenses incurred by the Consignee towards octroi, handling, demurrage / wharfage / under
charges, freight, insurance premium etc. The PURCHASER shall not be responsible in any case for the loss,
destruction, damage, deterioration of the material after expiry of the said 30 days period.
28.2. If the Supplier fails to lift the material within this period, the material will remain with the PURCHASER at
the cost and risk of the Supplier. Supplier shall, therefore, be liable to pay ground rent @ 0.1% per day of
purchase cost of the material to be lifted from the date of intimation of rejection till the actual date of
lifting.
28.3. The PURCHASER will be also free to dispose of such materials, after the period of said 30 days by Public
auction / Tender notice / Destruction as may be deemed fit and storage charges @ 0.1 % per day of
purchase cost will be recovered from the date of intimation of rejection of materials till the date of
realization of the sale amount / physical removal of the material besides the actual expenses incurred as
referred to at (a) above.
28.4. Notwithstanding what is contended in the foregoing clauses, the Supplier shall be liable to pay the
PURCHASER the cost and expenses incurred by the PURCHASER, if any, including ground rent and the
same shall be appropriated and recovered from the sale proceeds.
28.5. Repairs /replacement of goods within guarantee period:
28.6. In addition to clause No. 27,28,29 & 30 of Annexure-`A' (Section-II) regarding repairs, replacement of
goods, damages in transit / failed within the guarantee period, the following terms shall also be applicable.
28.7. If in case, the equipment is required to be returned to the supplier for repairs etc. at their works, and if
any payment is already effected to the supplier for such equipment, then Bank Guarantee
equivalent to the value of payment made to the supplier prior to return of such goods / equipment to their
works shall be given. You shall not lift the equipment unless approval of acceptance of the Bank
Guarantee is received from our purchaser.
28.8. To and fro charges for returning the equipment for repairs will have to be borne by the supplier. Requisite
transit insurance will also have to be arranged by the supplier at their cost.
29.
OWNERSHIP OF PLANT AND EQUIPMENT / MATERIAL :

Ownership of the plant and equipment / material supplied pursuant to this Contract shall vest with the
PURCHASER at whichever is the earlier of the following times namely,
29.1. When the Contractor has been paid any sum to which he may be entitled to in accordance with the terms
of payments clause incorporated in the Contract.
29.2. When the plant and equipment has been delivered to the destination in good condition as per the
dispatch instructions.
30.
PATENT RIGHTS:
30.1. The Contractor shall fully indemnify the PURCHASER against all actions, suits, claims, demands, costs,
charges and expenses arising from or incurred by reason of any infringement or alleged infringement of
any letters, patent, design, trade mark or name, copyright or other protected rights in respect of any
machine, plant, work, materials, things or system or method of using, fixing, working of arrangement
used or fixed or supplied by the Contractor but this indemnity shall not extend or apply to any action,
suit, claim, demand, cost, charges or expenses arising from or incurred by reasons of the use of the works
or any part thereof otherwise than in the manner or for the purpose contemplated by the Contract . All
royalties and other similar payments which may have to be paid for the use of any such machine, plant,
work, materials, thing, systems or method as aforesaid (whether payable in one sum or by instalments or
otherwise) shall be deemed to have been covered by the Contract price and payable by the Contract or.
30.2. In the event of any claim or demand being made or action or suit brought against the PURCHASER in
respect of any such matter or matters as aforesaid, the Contractor shall be duly notified thereof and he
shall conduct all negotiations for the settlement of such claim or demand and such action or suit shall also
be conducted by him, if and so far as the PURCHASER shall think proper, subject to the supervision and
control of the PURCHASER through the officer duly authorized in this behalf.
Page 12 of 14
Page 21 of 38
TSTC Rev: 00, Date: 28/10/2014
31. TERMINATION OF CONTRACT:

31.1. In case the Contractor / Supplier fail to deliver the material or any consignment thereof within the
Contracted period of delivery or in case the materials are found not in accordance with the prescribed
specification and the approved samples, the PURCHASER shall exercise its discretionary power either.
a) To purchase from elsewhere, after giving due notice to the Contractor, at the risk of Contract or, such
material not so delivered or other of similar description, without cancelling the Contract in respect of
consignment not yet due for delivery. OR
b) Cancel the Contract reserving PURCHASER
c) Notwithstanding that, the powers referred above are in addition to the rights and remedy available to
the PURCHASER under the General Law of India relating to Contract.
31.2. In the event of risk purchase of stores of similar description, the option of the PURCHASER shall be final.
In the event of action taken the Supplier shall be liable for any loss, which the PURCHASER may sustain on
that account, but the Supplier shall not be entitled to any saving on such purchase made against default.
31.3. The decision of the PURCHASER shall be final as regards the acceptability of the stores supplied by the
Supplier and the PURCHASER shall not be required to give any reason in writing or otherwise at any time
for the rejection of the materials.
32.
BANK CHARGES:
Your Bank charges at your account and our charges at our account PURCHASER Bankers as specified in
custom document. The request of the agency regarding assurance about payment to any Bank shall not
be entertained in any condition which may please be noted. The payment shall be effected to the firm
only.
33.
DISCOUNT:
Discount, if any, is to be clearly indicated in the price bid. Conditional discounts will not be accepted.
34.
RIGHT TO REVISE DISPATCH INSTRUCTIONS, DELIVERY SCHEDULE AND TO DEFER

SUPPLIES:
34.1. The Purchaser reserves its right to revise the despatch instructions issued along with the order, at the
time of giving final clearance for despatch after inspection of the material. If such change in destination is
not intimated at the time of inspection approval or waival of inspection, the supplier shall despatch the
material as per the despatch instructions in accordance with A/T indicated by him in the inspection call
letter.
34.2. The Purchaser reserves its right to change the delivery schedule of the contract either by reducing the
monthly lot up to 60% of the agreed lot or by increasing the same up to 120% of the agreed lot with prior
two months notice and the Purchaser shall not be liable to pay any compensation / damages on account
of such change in delivery schedule.
34.3. The Purchaser reserves its right to defer the balance supply to be received against the order by giving two
months notice for a maximum period of 6 months. In such an event, the delivery period for the deferred
material shall be deemed to be extended proportionate to the period of deferment and the Purchaser
shall not be liable to pay any compensation / damages on account of such deferment of deliveries.
35.
INFLUENCE:
Any efforts by the bidders to influence the owner during evaluation process before order placement will
be rejected. Similarly deviation in the term of payments, penalty, security deposit, delivery period will be
treated as non-responsive quotation / offer and will not be considered for evaluation /order placement.
Page 13 of 14
Page 22 of 38
36.
TSTC Rev: 00, Date: 28/10/2014
TENDER REFERENCE:
For any correspondence, reference of our enquiry should be invariably indicated.
37.
ENVIRONMENTAL MANAGEMENT SYSTEM (EMS):

The material supplied including packing material shall fulfill the environmental norms / requirements
specified / latest issued by the State and Central Government Acts and Rules / confirming to ISO- 140012004
38.
JURISDICTION OF CONTRACT:
Any disputes, difference arising under, out of or in connection with this tender, or Contract if concluded,
shall be subject to the exclusive jurisdiction of the Courts near PURCHASERs place.
_____________________
Page 14 of 14
Page 23 of 38
TSIT Rev: 00 Date: 28/08/2014

This Section-III is a standard Qualifying Requirements for all MAHAGENCO Tenders
QUALIFYING REQUIREMENT
I)
TECHNICAL CONDITIONS
1)
The bidder should have 3 years experience in design, manufacture and supply.
2)
During the last three years bidder should have executed at least single order equal to 25% value
of tendered items.
3)
This item should have been supplied to State / Central power generating company / Any Other
State / Central Government undertaking / Public Sector undertaking of India.
II) FINANCIAL / COMMERCIAL CONDITIONS

1)
The bidder should have annual average turnover for last 3 years equal to estimated cost of the
tender items.
2)
The bidder should produce the copies of statement of Annual Accounts for previous three years
duly certified by a Chartered Accountant or produce a certificate of annual turnover during
previous three years duly certified by a Chartered Accountant.
3)
Net worth
a)
The net worth of the tenderer / bidder as on 31st March of previous financial year shall not be
less than 25% of its paid up share capital. The tenderer who does not satisfy the Net Worth
criteria stipulated herein on its own would be required to furnish along with its Bid a letter of
undertaking from their holding company pledging unconditional and irrecoverable financial
support for execution of the contract by the tenderer in case of award provided that the Net
Worth of such holding company as on 31st March of previous financial year should be at least
equal to or more than paid up capital of the holding company.
In case where audited results for the last preceding financial year are not available, certification
of financial statement from a practicing Chartered Accountant shall also be considered
acceptable.
Please note that, Net Worth means sum of the paid up share capital and free reserves. Free
reserves shall mean all reserves credit out of the profit and share premium account but not
include reserves credited out of the revaluation of assets, write back of depreciation provision
and amalgamation. Further, any debit balance of profit and loss account and miscellaneous
expenses to the extent not adjusted or written off, if any, shall be reduced from reserves and
surplus. Other income shall not be considered for arriving at annual turnover.
b)
The Bidder should submit the documentary evidence in respect of above. In case audited
results for the last preceding financial year are not available, certification of financial statement
from practicing Chartered Accountant shall be acceptable.
Page 24 of 38
TSIT Rev: 00 Date: 28/08/2014
Terms & Conditions of The Tender

i)
If the manufacturers categorically request to allow participation of authorized dealer / channel

partner on behalf of the manufacturers to whom they stand technical support with guarantee of
materials then the authorized dealer/ channel partner shall be allowed to participate in the tender. In
this case, the manufacturers must fulfil the QR of the tender. Also, the manufacturer shall submit the
performance BG for the materials equal to 10% value of order.
ii)
If the manufacturer does not furnish the Performance Bank Guarantee, then the Authorized Dealer /
Channel Partner will have to submit the Performance BG equal to 10% value of order.
iii) In the tender bid, the Authorized Dealer / Channel Partner shall submit a letter from the
manufacturer with a specific request to allow them to participate in the tender on their behalf.
In this case, the manufacturer must stand technical support and guarantee for the material
supplied.
iv) In addition, the manufacturer shall have to issue a certificate of authorization that the dealer
is their regular & genuine authorized dealer / channel partner having valid authorization for a
period of at least 3 years. The authorization given by the manufacturer for a specific tender
shall not be considered for evaluation.
v)
The Authorized Dealer / Channel Partner shall submit the documents from the manufacturer to fulfil
the QR conditions.
vi) If the authorized Dealer / Channel Partner fails to execute the order then the manufacture along with
the authorized Dealer / Channel Partner would be liable for blacklisting.
vii) If the manufacturer does not submit documentary evidence for execution of order for 25%
value of tender items, then any of the following documents may be considered for evaluation of
the bids.
a) The orders for tender items executed by the authorized dealer of manufacturer who has
submitted the bid.
b) The orders for tender items executed by any other authorized dealers of manufacture.
_______________________________
Page 25 of 38
MAHARASHATRA STATE POWER GENERATION CO LTD

KORADI THERMAL POWER STATION, KORADI
Tender NO. : - KTPS/PUR/2016-17/TM-660/T-451/eT-39777
SECTION IV
Note:-All the documents for fulfilling tender QR and other requirements as mentioned in
technical bid should be uploaded at the time of submission of technical bid itself. No
deviation bid will be called after submission of technical bid. No correspondence in this
regard will be entertained after opening of technical bid. Based on the documents uploaded
with technical bid only, the decision of the undersigned will be final and binding on you.
SUBJECT: - Procurement of Control Oil Filter elements for TDBFP for 660MW, KTPS,
Koradi.
Material schedule (technical specification)
Sr. No.
Item
Code
(15 Material
digit)
Description/
Tech.
Specification/ Qty.
Unit
Drawing Nos.
TDBFP Control Oil Filter
OD 160mm X ID 40mm X Ht. 400mm
A023010020100016
Micron rating: 20
MOC : SS 304
Note:- 100% Retrofitting with existing filter
20
housing.
If required, actual dimension can be confirmed
at site.
Note:-If the specific make appears in the item code, then it is only for the sake of preparing the
15- digit Item code required for Sets system. Hence the same may please be ignored. Offer may
please be submitted for any reputed make fulfilling the specification given for the item to be
procured.
Page 26 of 38
Nos.
TERMS APPLICABLE TO THE TENDER
Koradi.
Following Documents are to be uploaded with technical bid (Scanned copy of original)
1. TIN CERTIFICATE
2. SSI
3. Pl. upload SSI unit certificate for EMD Exemption ...
4. NOTE. Vendors under category of SSI units will get Exemption from EMD
payment only when they are registered under SSI unit of Maharashtra only
for tenderized item. If tenderized item is not mentioned in SSI certificate,
no exemption will be given and your offer may be rejected Pl. Note.
5. NSIC
6. Pl. upload NSIC unit certificate for EMD Exemption.
NOTE: -Vendors under category of NSIC units will get exemption from EMD
payment only when they are registered under NSIC unit for tenderized item. If
tenderized item is not mentioned in NSIC certificate, no exemption will be given
and your offer may be rejected Pl. Note.
TERMS & CONDITIONS:1) Delivery Period: Within 4-6 weeks from date of dispatch of order.
2) Consignee: Executive Engineer, Major Stores, 3X660MW, KTPS, Koradi
NOTE:Bid evaluation: - Bidders are requested to note that, the evaluation of bids will be
done on the basis of basic work order values (i.e. excluding service taxes applicable).
Chief Engineer (O&M)

KTPS: MAHAGENCO: Koradi
Page 27 of 38
MAHARASHATRA STATE POWER GENERATION CO LTD

KORADI THERMAL POWER STATION, KORADI
Tender NO. : - KTPS/PUR/2016-17/TM-660/T-451/eT-39777
SECTION V
Koradi.
Sr.
No.
SECTION
Clause
Description
Deviation
II
27.4
Inspection of material
Inspection will be carried out

at consignee store
Chief Engineer (O&M)

KTPS, Koradi
Page 28 of 38
BG / Rev. No: 00 / Date: 01/06/2008
Form for submission of
Bank Guarantee for Earnest Money Deposit / Security Deposit

Against Tender / Enquiry / Order
The Bank of .........
hereby agrees unequivocally and unconditionally to pay, at .. within 48 hours, on
demand in writing from the MAHAGENCO or any officer authorised by it in this behalf of any amount
up to and not exceeding Rs. ............. /- (in words Rupees ...................................................... ) to
the Said MAHAGENCO on behalf of M/s. ......................................................................................
have tendered or contracted or may tender or contract hereafter for supply for materials, equipments
or services to the MAHAGENCO of Materials, equipment or services to the MAHAGENCO against
Tender /order No: ..................................................................................
Dated: .... / ....../200....
Total Value of the order is Rs.
This agreement shall be valid and binding on this Bank up to and including date: ..... / ... /200..
and shall not be terminable by notice or any change in constitution of the Bank or the firm of
contractors or any other reasons what-so-ever and our liability hereunder shall not be impaired or
discharged by any extension of time or variations or alternations made, given conceded or agreed
with or without our knowledge or consent, by or between parties to the said within written contract.
The validity of this Bank Guarantee will be extended by us for the further period of six months, one
month prior to its present validity period at the request of MAHAGENCO.
In case of any dispute arising out of or in connection with extension or encashment of Bank
Guarantee, The Courts at .................................... will have jurisdiction.
Our Liability under this Guarantee is restricted to Rs. ........................
(Rupees .........................................................................) our guarantee shall remain in force until
date: .... / ...../200..... unless a suit or action to enforce a claim under the guarantee is failed against
us within six months from the aforesaid date, all rights of MAHAGENCO under the said guarantee
shall be forfeited and we shall be relieved and discharged from all our liability there under
Signature ....................
For ........................
(Bankers Rubber Seal)
Please Note:
The value of stamp paper for this Bank Guarantee shall be Rs. 100/The Bank Guarantee should be furnished from Nationalized Bank with complete postal address of the Bank undertaking the
guarantee
In the first instant, the Bank Guarantee should be valid for the guarantee period of the last consignment as per the delivery
terms of the contract.
Page 29 of 38
CA Rev: 00 date: 01/06/2008

On Stamp Paper of Rs.100/-
CONTRACT AGREEMENT FORM

This agreement made on the .././200day Between M/s ......
(Hereinafter called The Contractor which expression shall unless excluded by or repugnant to the
context include his successors or assigners) of the one part and the Chief General Manager (Gen),
Thermal Power Station of MAHAGENCO at .. (Hereinafter
called the company which expression shall unless excluded by or repugnant to the context include his
successors or assigners) of the other part.
Whereas the Purchaser ...
invited tenders for . at in
exercise of his powers vested in him by the MAHAGENCO.
Whereas the Contractor has submitted his offer in the prescribed tender documents which were
opened by the MAHAGENCO on dated .././200 and whereas his tender has been accepted by
the MAHAGENCO and This office order No
dated .././200 for ... at
... and contract awarded to the Contractor on the
terms and conditions specified in the tender document and Contract for works ( Applicable for works
Contract ) attached with the Tender.
Now, this agreement witnesses and it is hereby agreed and declared as under:
The provisions contained in the documents and letters a numerated below form a part of this
agreement.
Tender specifications submitted by the Contractor duly filled and signed and opened on
..//200 for .. at
, including the terms and conditions contained therein.
Terms & Conditions of Tender Works (Applicable for works Contract) attached with the tender
specification.
This office order No. . dated .././200
It witness where on both parties, their authorized representatives set their hands and seal of the parties
on the day and the year above written.
Signed by or on behalf of the Contractor in the presence of witnesses:
1. Name : Shri .
Signature .
2. Name : Shri.
Signature
Contractors Signature
Signed by or on behalf of the MAHAGENCO in the presence of witnesses:
Signed by or on behalf of the Contractor in the presence of witnesses:
1. Name : Shri .
Signature .
2. Name : Shri.
Signature
Purchaser Authority,
MAHAGENCO,
Page 30 of 38
PROFORMA OF INDEMNITY BOND
This Deed of indemnity is made this, the Day // 20. by Mr / Mrs / M/s
. resident of .
Whereas I am the holder of
and whereas I ..with necessary documents (vide letter No. .
dated // 20. as required by Section 52 of ...
And whereas for , I had given an undertaking in the form
of an affidavit (copy enclosed) to the .
And this deed witnesses that in pursuance of the aforesaid affidavit and in consideration of
. having agreed to ,
I hereby undertake to indemnify and keep harmless the ..
from all proceedings in courts and before other authorities including the Competent Authority and other
authorities appointed , all expenses / losses /
claims which the .. may incur or become liable to pay as
result, or in consequence, or the sanction accorded by it to building plans in respect of the aforesaid
.
I further state that I and all my successor-in-interest shall abide by the aforesaid terms and
conditions of this Deed of Indemnity.
Witnesses
1) ..
Signature of the Party
2) ..
Page 31 of 38
Rev: 00 Date: 01/01/2009
FORM OF BANK GUARANTEE FOR THE PERFORMANCE OF THE EQUIPMENT

B.G. No... & Date: .
This deed of Guarantee is made this .. day of by branch
having its HO at (hereinafter called the Surety which expression shall, where the context so
admits include its permitted assigns), in favour of Maharashtra State Power Generation Company Limited
being a Government Company formed as per the provisions of the Maharashtra Electricity Reforms Transfer
Scheme, 2005, having its registration no. U40100MH2005 PLC153648 (hereinafter called the Creditor which
expression shall include its permitted assigns) whereas M/s. (Postal
address as per A/T) have entered into a contract to supply (name of the material) to the M.S.P.G.C.L. vide
contract No. .. Dated on the terms and conditions in the said contract (hereinafter
for brevity sake called the said contract).
In accordance with terms of the said contract, the creditor has agreed to pay to M/s
.. the said sum representing the 10% of the total contract price for the Rs.
and where as M/s. is required under the terms of contract to furnish a Bank
Guarantee for Rs (Rupees .only) the said sum representing the 10%
price as given in the said contract.
The surety at the requests of M/s. has agreed to give this guarantee.
Now therefore this deed witness as follows:

1. In consideration of the creditor agreeing to make to the debtor at Mumbai the payment of Rs. .
Rupees ..only) being the
.. price as given in the said contract on supplying the
complete material as per the contract by the debtor falling which the surety does undertake to pay to the
creditor on demand such amount or amounts as the surety may be called upon to pay not exceeding in
the aggregate sum of Rs. . (Rupees
only).
2. The surety hereby guarantees to the creditor the due performance and observance by the debtor of the
terms and conditions of the contract.
3. The surety also agrees that it shall not during the currency of the guarantee herein given during the period
of its execution revoke the same even by giving notice to the creditor.
4. On account of the non fulfillment of the contractual obligation by the debtor, or in case the surety or
contractor do not renew this guarantee bond as herein provided, the surety will on simple demand from
the creditor, pay at Mumbai the creditor the sum of Rs. (Rupees
only) as indicated under Clause-1 above, without demure and without
requiring the creditor to involve any legal remedy that may be available to them to compel the surety to
pay the same even if the debtor consider such demand of the creditor unjustified.
5. The surety agrees and declares that notwithstanding anything contained in Section 133 to 135 of the
Indian Contract Act 1872 (IX of 1972) or any other rule of law or equity in the behalf any variance in the
terms of the said contract shall not operate as a discharge of his obligations hereunder or shall any
composition made by the creditor with the debtor in respect of any breach of the terms and conditions of
the said contract operate as a discharge of the suretys obligation and surety further expressly agrees and
declares that though as between the creditor and surety, the surety shall be liable for any sum payable or
falling due hereunder equally with the debtor and the surety save as otherwise herein provided hereby
waives all his rights which he might as guarantor be entitled to claim and enforce.
6. The decision of the creditor that any sum has become payable shall be final and binding on the surety.
Page 32 of 38
7. This guarantee shall come into force on supply of material shall remain in force till the end of .
The surety, at the request of the creditor, shall extend the validity of the Bank Guarantee for a further
period of 12 months, one month prior to its present validity period.
8. In case of any dispute arising out of or in connection with the extension or encashment of bank
Guarantee, the Courts in Mumbai will have the jurisdiction.
9. The guarantee herein contained shall not be affected, by the change in the constitution of the surety or the
debtor.
10. Our liability under this guarantee is restricted to Rs. (Rupees only)
and our guarantee shall remain in force until unless
a claim under this guarantee is lodged with us within six months from the date of expiry of guarantee i.e.
on or before .. all your rights under this guarantee shall be forfeited and we shall be
relieved and discharged from all our liabilities there under.
In witness where of the surety has executed this deed in presence of
Place: ..
Signature ..
Date: ..
For ..
(Bankers Rubber seal & Code No: .. of Signatory)
Witnessed:
_______________________
______________________
_____________________
_____________________
Please Note that:

1.
The value of non-judicial stamp paper for this Bank Guarantee is

Guarantor Bank.
2.
The Bank Guarantee should be furnished from any Schedule bank.
3.
Please state the full and complete postal address of the bank undertaking the guarantee.
4.
B.G. may be valid as per terms of A/T including guarantee period of material.
5.
BG should be submitted along with covering letter of bank.
Page 33 of 38
Rs. 100/- should be purchased in the name of
Rev:00,Date:01/01/2009
MaharashtraStatePowerGenerationCoLtd
e_tenderingCell
ThisSectionisapplicabletoallPowerStationsThermal,Hydro&Gas
SAFETYTERMS&CONDITIONS
1. Compensation:Safetyofyourworkersandstaffisyoursoleresponsibility&youwillarrangetopayfullcompensation
toyourworkers/staff.IncaseofaccidenttoanyofthemandinanycircumstancesMSPGCLwillnotberesponsiblefor
andliabletopayanycompensationasperWORKMENSCOMPENSATIONACT.
2. Competency/Excellence:Contractorshoulddeploycompetentworkersfortheparticularjobandheshouldutilize
authorizedhisworkersforcarryingtheelectricalworkssuchaswelding,grindingandotherworkscarriedoutby
electricalequipments.Contractorshouldsubmitthelistofhisworkersdeployedforthejobandlistofworkerswho
areauthorizedforcarryingelectricalworkstotheconcernedsectionheadforverificationofcompetencyoftheir
workers,beforestartingtheworkaspertherules1951.
3. ElectricalSafety:
3.1.
Everyportableelectricaltoolshouldbeusedwiththreepinplugsandthreewiresystemstoavoidelectricshock
whileatworkproperearthingshouldbecheckedbothatsupplyendandattoolendbeforecommencementof
work.
3.2.
Threewiresocketsandproperlyinsulatedportableelectricalboardswithfuses&withearthleakagecircuit
breakeraretobeusedbycontractor.On/Offswitchshouldbeconnectedinthelivewireandnoitinneutralwire.
3.3.
Colourcodingofthreewiresystemshouldbebelow.Red:Live,Grey/Black:Neutral,Green:Earth.
3.4.
Only24volthandlampstobeusedatconfinedspaceslyingatturbine,boiler,coalmills,grills,structures,coal
handlingplant,Conveyorbeltsetc
4. FireSafety:
4.1.
Thecontractorshouldkeepreadytwobucketsofwaterwhilecarryingoutweldingwork.Onebucketistobeused
forquenchingfireifoccurs.Lastbitofelectrodeshouldbedroppedinthesecondbucketwithwatertoensure
thatredhotelectrodedoesnotcauseanyfire.
4.2.
ContractorshouldensureprovisionofCover/curtaininthehazardousarea,sothathotpetalsofmetal(molten
metal)donotcauseanyfire.Thisisparticularlynecessarywhilecarryingoutwelding/gascuttingathighelevation
ongrills,incoalhandlingplantsetc.
4.3.
Singlepiececable(withoutjoints)shouldbeusedduringweldingworktoavoidthefirethroughcablejoint.
5. Medical:
5.1.
Incaseofinjuryofperson,arrangementforshiftingoftheinjuredpersonformedicaltreatmentistobemade
immediatelybythecontractor.
5.2.
Thecontractorshouldkeep"Firstaidbox"readyatsite.
6. Penalty:Ifanyofourofficer,supervisorfindsthat,you&youremployeesarenotfollowingthesafetyrulesand
regulationincludinguseofpersonnelprotectiveequipmentsatsite;heisauthorizedtostopyourworkimmediately.In
caseofviolationofsafetyrules,youshallbeliabletopaypenaltyuptoRs.1000.00forfirstviolationanduptoRs.
3000.00forsecondviolations.Forthethirdviolationofrulestheordermaybeterminatedoryoumaybedeclared
debarredforthefurthercontractuptoperiodofoneyear.Forviolationoffiresafetythecontractwillbeterminated
immediatelyandthecontractorwillnotbeconsideredforfurthercontract.
7. SafetyAppliances/Equipments:Contractorshallprovidesrequiredsafetyappliances/equipmentstotheirworkers
likesafetyshoes,helmet,goggles,weldingscreen,safetybelts,handglovesetc.dependingupontheworkingcondition
andnatureoftheworkinhand.Youshallarrangetheappliances/equipmentsatyourowncost.
8. ScrapRemoval:Alltypeofscrapstoberemovedimmediatelyfromtheworkspotformaintainingcleanliness.
9. Supervisors:AdequateNos.ofsupervisorstobeappointedbythecontractortoensureallsafetyprovisionsanduseof
personnelprotectiveequipmentsbycontractorworkers.
10. TestingofT&P/Equipment:Contractorshouldmaintainhistoryregisteroftheirliftingtoolsandtackles,suchas
chainpulleysblocks,slings,tirforetc.andthesearetobetestedbycompetentpersonsauthorizedbyDirectorof
IndustrialSafety&HealthMumbai,asperMaharashtraFactoryRule(96).Copyofthetestcertificateshouldbe
submittedtoSafetyOfficer.
Page 34 of 38
TECHNO-COMMERCIAL BID
BID DOCUMENTS
S No.
1
2
3
4
5
6
7
8
9
10
11
12
13
Document Name
Document Details
DOCUMENTS IN SUPPORT OF TECHNICAL
CONDITION 1
QR1 *
Required Bid Document((Please upload this format

duly filled. It is mandatory. Failing this offer may get
rejected)) *
VAT *
VAT
CST *
CST
TECHNICAL DEVIATION SHEET *
COMMERCIAL DEVIATION SHEET *
(If Dealer is participating, then a valid authorization
certificate for a period of atleast 3 years with
AUTHORIZED DEALER CERTIFICATE *
technical support and guarantee of material from
the Manufacturer)
DOCUMENT IN SUPPORT OF FINANCIAL
QR6 *
CONDITION 3(a),(b)(NET WORTH CERTIFICATE
IN THE NAME OF MANUFACTURER)
QR5 *
CONDITION 2 (STATEMENT OF ANNUAL
ACCOUNT IN THE NAME OF MANUFACTURER)
CONDITION 1 (ANNUAL TURNOVER
QR4 *
CERTIFICATE IN THE NAME OF
MANUFACTURER)
QR3 *
CONDITION 3
QR2 *
CONDITION 2 (ORDERS & PERFORMANCE
CERTIFICATE)
DOCUMENTARY PROOF OF BEING
DOC1 *
MANUFACTURER
* - Indicates Mandatory Document to Fill (to participate in tender)
Page 35 of 38
Documents
Req. from
Vendors
Comments
Drawing
Specification
Version
Unit
Category
S. No.
Item Name
Qty. Req.
ITEM DETAILS
Item Code
NSIC,
FILTER, REGULATOR,
023-01-002- PURIFIER<>FILTER<>OIL<>AS PER
010-0016 * IS<>GOVERNING OIL FILTER FOR
TDBFP
SUPPLY
20.00
NO
No
No
SSI,
Control
Oil Filter
Element
for
TDBFP
OD
160mm X
ID 40mm
X Ht.
400mm,
Micron
rating:
20,MOC :
SS 304
Note:100%
Retrofittin
g with
existing
filter
housing.
If
required,
actual
dimension
can be
confirmed
at site.
* - Indicates Mandatory Item to Quote (or to participate in tender)
Page 36 of 38
PRICE BID
BID DOCUMENTS
NOT REQUIRED
FORMULA DETAILS
Category Name
SUPPLY
Formula
RATEPERUNITAFTERDISCOUNT+TOTALEXCISEDUTY+TOTALCST+TOTALVAT+TOT
ALFREIGHT+TOTALINSURANCE+TOTALPREDISPATCHINSPECTION+TOTALLABOR
ATORYTESTINGCHARGES+TOTALOCTROI+TOTALSERVICETAX+ANYOTHERCHAR
GES
Page 37 of 38
Price Schedule : SUPPLY
MAK
S No. Item
(in
Code E
Text)
TOTA
L
LABO TOTA
PRED TOTA
L
PACK
L
ISPA PRED RATO
LABO
AGIN EXCI TOTA
TOTA
TOTA
RY
L
TOTA VAT TOTA FREI L
INSU L
TCH ISPA TEST RATO
G&
SE
CST
L
INSP TCH ING
RY
FOR DUTY EXCI
(in
L VAT GHT
FREI RAN
SE
CST (in
(in
CE (in INSU
ECTI INSP CHA TEST
WAR (in
Perce
Perce
(in
GHT
RAN
Perce CE (in ON
DING Perce DUTY
ntage (in
Rupe Perce
ECTI RGE ING
Rupe ntage
ntage (in
ntage Rupe (in
CHA ntage (in
)
)
es)
Rupe
S (in CHA
Rupe
es)
)
)
Perce ON
RGE
RGE )
es)
es)
(in
es)
ntage Rupe Perce
S (in
S (in
ntage
)
Rupe
Rupe
es)
)
es)
es)
[FILTER, REGULATOR, PURIFIER<>FILTER<>OIL<>AS PER IS<>GOVERNING OIL FILTER FOR TDBFP]
Packa
Rate ging
Rate Disco Per
&
Quant Per
Unit
Forwa
unt
(in
ity (in Unit
After rding
Perce
Numb (in
Disco Charg
er)
Rupe ntage
unt (in es (in
)
es)
Rupe Perce
es)
ntage
)
OCT
ROI
(in
Perce
ntage
)
TOTA
L
OCT
ROI
(in
Rupe
es)
SERV
ICE
TAX
(in
Perce
ntage
)
TOTA
L
SERV
ICE
TAX
(in
Rupe
es)
ANY
OTHE
R
CHA Total
RGE
S (in
Rupe
es)
023010020100016
*
* - Indicate Price required for this item.
Page 38 of 38

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TENDER-39777/AMENDMENT-0/25-Oct-2016 12:00:49 PM

Company Name : MSPGCL

Will be declared later

TSIT Rev: 00 Date: 28/10/2014

Maharashtra State Power Generation Co Ltd

Tender Form is Not Transferable

REQUIREMENT FROM TENDERERS:

The TENDERER shall provide satisfactory evidence concerning that:

TSIT Rev: 00 Date: 28/10/2014

CLARIFICATION OF TENDER DOCUMENTS:

TSIT Rev: 00 Date: 28/10/2014

DISCLOSING THE NAME OF THE MANUFACTURER:

EARNEST MONEY DEPOSIT (EMD):

Exemption of EMD: Small-scale industrial unit / NSIC

the items mentioned in their permanent registration certificate.

Earnest Money Deposit shall stand forfeited In the event if:

TSIT Rev: 00 Date: 28/10/2014

d) TENDERER fails to accept L.O.I. (Letter of Intent)

10. EARNEST MONEY OF UNSUCCESSFUL TENDERER:

11. SIGNING OF THE TENDER DOCUMENTS:

The offer shall be signed with valid Digital signature.

12. TIMELY SUBMISSION OF OFFER:

13. SUBMISSION / SUPERSCRIBING OF THE TENDER DOCUMENTS:

The offer is to be submitted as follows:

14. QUANTITIES OFFERED:

15. INFORMATION REQUIRED WITH TENDER:

TSIT Rev: 00 Date: 28/10/2014

16. OFFERS OF SSI UNITS:

The TENDERER registered with Directorate of Industries of Government of Maharashtra for

17. DELIVERY OF THE EQUIPMENT/S:

18. FILLING IN OF PRICE SCHEDULE:

19. EVALUATION OF OFFER:

TSIT Rev: 00 Date: 28/10/2014

20. MANDATORY REQUIREMENT OF SUBMISSION OF OFFER:

21. LANGUAGE OF THE TENDER:

22. AMMENDMENT OF THE TENDER:

23. DISREGARD OF TENDER CONDITIONS:

24. EXAMINATION OF TENDERS:

25. POLICY FOR TENDERS UNDER CONSIDERATION:

TSIT Rev: 00 Date: 28/10/2014

26. ACCEPTANCE OF TENDER:

27. AMBIGUITY IN QUOTATION OR DEVIATIONS:

Default of contractor & termination thereof

j) Non-compliance of special Condition specified

28. WITHDRAWAL OF INVITATION OF TENDER:

29. AUTHORIZATION TO DIGITAL SIGNATORY:

30. NOTIFICATION OF AWARD OF CONTRACT:

TSIT Rev: 00 Date: 28/10/2014

VALIDITY OF THE TENDER:

32. PROCEDURE FOR SUBMISSION OF TENDER

TSTC Rev: 00, Date: 28/10/2014

Maharashtra State Power Generation Co Ltd

shall mean Maharashtra State Power Generation Co. Ltd.

and permitted assigns.

shall mean the officer appointed & duly authorized by

shall mean the official notice / letters issued by the

shall mean the personnel deputed by the Contractor or any other

shall mean the Gregorian calendar month.

TSTC Rev: 00, Date: 28/10/2014

ASSIGNMENT AND SUBLETTING OF CONTRACT:

TSTC Rev: 00, Date: 28/10/2014

CONTRACTOR TO INFORM HIMSELF FULLY:

The security deposit shall be paid in favour of Purchaser by way of: